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Paul Merrell

Israel Spied on Iran Nuclear Talks With U.S. - WSJ - 0 views

www.wsj.com/...spied-on-iran-talks-1427164201

war & peace surveillance state Israel spying Iran-negotiations leaks-to-Congress

shared by Paul Merrell on 24 Mar 15 - No Cached
  • Soon after the U.S. and other major powers entered negotiations last year to curtail Iran’s nuclear program, senior White House officials learned Israel was spying on the closed-door talks. The spying operation was part of a broader campaign by Israeli Prime Minister Benjamin Netanyahu’s government to penetrate the negotiations and then help build a case against the emerging terms of the deal, current and former U.S. officials said. In addition to eavesdropping, Israel acquired information from confidential U.S. briefings, informants and diplomatic contacts in Europe, the officials said.
  • The espionage didn’t upset the White House as much as Israel’s sharing of inside information with U.S. lawmakers and others to drain support from a high-stakes deal intended to limit Iran’s nuclear program, current and former officials said. “It is one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal U.S. secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” said a senior U.S. official briefed on the matter.
  • The U.S. and Israel, longtime allies who routinely swap information on security threats, sometimes operate behind the scenes like spy-versus-spy rivals. The White House has largely tolerated Israeli snooping on U.S. policy makers—a posture Israel takes when the tables are turned. The White House discovered the operation, in fact, when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said. Israeli officials denied spying directly on U.S. negotiators and said they received their information through other means, including close surveillance of Iranian leaders receiving the latest U.S. and European offers. European officials, particularly the French, also have been more transparent with Israel about the closed-door discussions than the Americans, Israeli and U.S. officials said.
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  • Mr. Netanyahu and Israeli Ambassador Ron Dermer early this year saw a rapidly closing window to increase pressure on Mr. Obama before a key deadline at the end of March, Israeli officials said. Using levers of political influence unique to Israel, Messrs. Netanyahu and Dermer calculated that a lobbying campaign in Congress before an announcement was made would improve the chances of killing or reshaping any deal. They knew the intervention would damage relations with the White House, Israeli officials said, but decided that was an acceptable cost. The campaign may not have worked as well as hoped, Israeli officials now say, because it ended up alienating many congressional Democrats whose support Israel was counting on to block a deal. Obama administration officials, departing from their usual description of the unbreakable bond between the U.S. and Israel, have voiced sharp criticism of Messrs. Netanyahu and Dermer to describe how the relationship has changed.
  • “People feel personally sold out,” a senior administration official said. “That’s where the Israelis really better be careful because a lot of these people will not only be around for this administration but possibly the next one as well.” This account of the Israeli campaign is based on interviews with more than a dozen current and former U.S. and Israeli diplomats, intelligence officials, policy makers and lawmakers. Weakened ties Distrust between Mr. Netanyahu and Mr. Obama had been growing for years but worsened when Mr. Obama launched secret talks with Iran in 2012. The president didn’t tell Mr. Netanyahu because of concerns about leaks, helping set the stage for the current standoff, according to current and former U.S. and Israeli officials. U.S. officials said Israel has long topped the list of countries that aggressively spy on the U.S., along with China, Russia and France. The U.S. expends more counterintelligence resources fending off Israeli spy operations than any other close ally, U.S. officials said.
  • A senior official in the prime minister’s office said Monday: “These allegations are utterly false. The state of Israel does not conduct espionage against the United States or Israel’s other allies. The false allegations are clearly intended to undermine the strong ties between the United States and Israel and the security and intelligence relationship we share.” Current and former Israeli officials said their intelligence agencies scaled back their targeting of U.S. officials after the jailing nearly 30 years ago of American Jonathan Pollard for passing secrets to Israel. While U.S. officials may not be direct targets, current and former officials said, Israeli intelligence agencies sweep up communications between U.S. officials and parties targeted by the Israelis, including Iran. Americans shouldn’t be surprised, said a person familiar with the Israeli practice, since U.S. intelligence agencies helped the Israelis build a system to listen in on high-level Iranian communications.
  • As secret talks with Iran progressed into 2013, U.S. intelligence agencies monitored Israel’s communications to see if the country knew of the negotiations. Mr. Obama didn’t tell Mr. Netanyahu until September 2013. Israeli officials, who said they had already learned about the talks through their own channels, told their U.S. counterparts they were upset about being excluded. “ ‘Did the administration really believe we wouldn’t find out?’ ” Israeli officials said, according to a former U.S. official.
  • The episode cemented Mr. Netanyahu’s concern that Mr. Obama was bent on clinching a deal with Iran whether or not it served Israel’s best interests, Israeli officials said. Obama administration officials said the president was committed to preventing Iran from developing nuclear weapons. Mr. Dermer started lobbying U.S. lawmakers just before the U.S. and other powers signed an interim agreement with Iran in November 2013. Mr. Netanyahu and Mr. Dermer went to Congress after seeing they had little influence on the White House. Before the interim deal was made public, Mr. Dermer gave lawmakers Israel’s analysis: The U.S. offer would dramatically undermine economic sanctions on Iran, according to congressional officials who took part. After learning about the briefings, the White House dispatched senior officials to counter Mr. Dermer. The officials told lawmakers that Israel’s analysis exaggerated the sanctions relief by as much as 10 times, meeting participants said.
  • When the next round of negotiations with Iran started in Switzerland last year, U.S. counterintelligence agents told members of the U.S. negotiating team that Israel would likely try to penetrate their communications, a senior Obama administration official said. The U.S. routinely shares information with its European counterparts and others to coordinate negotiating positions. While U.S. intelligence officials believe secured U.S. communications are relatively safe from the Israelis, they say European communications are vulnerable. Mr. Netanyahu and his top advisers received confidential updates on the Geneva talks from Undersecretary of State for Political Affairs Wendy Sherman and other U.S. officials, who knew at the time that Israeli intelligence was working to fill in any gaps. The White House eventually curtailed the briefings, U.S. officials said, withholding sensitive information for fear of leaks. Current and former Israeli officials said their intelligence agencies can get much of the information they seek by targeting Iranians and others in the region who are communicating with countries in the talks. In November, the Israelis learned the contents of a proposed deal offered by the U.S. but ultimately rejected by Iran, U.S. and Israeli officials said. Israeli officials told their U.S. counterparts the terms offered insufficient protections.
  • U.S. officials urged the Israelis to give the negotiations a chance. But Mr. Netanyahu’s top advisers concluded the emerging deal was unacceptable. The White House was making too many concessions, Israeli officials said, while the Iranians were holding firm. Obama administration officials reject that view, saying Israel was making impossible demands that Iran would never accept. “The president has made clear time and again that no deal is better than a bad deal,” a senior administration official said. In January, Mr. Netanyahu told the White House his government intended to oppose the Iran deal but didn’t explain how, U.S. and Israeli officials said. On Jan. 21, House Speaker John Boehner (R., Ohio) announced Mr. Netanyahu would address a joint meeting of Congress. That same day, Mr. Dermer and other Israeli officials visited Capitol Hill to brief lawmakers and aides, seeking a bipartisan coalition large enough to block or amend any deal. Most Republicans were already prepared to challenge the White House on the negotiations, so Mr. Dermer focused on Democrats. “This deal is bad,” he said in one briefing, according to participants.
  • A spokesman for the Israeli embassy in Washington, Aaron Sagui, said Mr. Dermer didn’t launch a special campaign on Jan 21. Mr. Dermer, the spokesperson said, has “consistently briefed both Republican and Democrats, senators and congressmen, on Israel’s concerns regarding the Iran negotiations for over a year.” Mr. Dermer and other Israeli officials over the following weeks gave lawmakers and their aides information the White House was trying to keep secret, including how the emerging deal could allow Iran to operate around 6,500 centrifuges, devices used to process nuclear material, said congressional officials who attended the briefings. The Israeli officials told lawmakers that Iran would also be permitted to deploy advanced IR-4 centrifuges that could process fuel on a larger scale, meeting participants and administration officials said. Israeli officials said such fuel, which under the emerging deal would be intended for energy plants, could be used to one day build nuclear bombs. The information in the briefings, Israeli officials said, was widely known among the countries participating in the negotiations. When asked in February during one briefing where Israel got its inside information, the Israeli officials said their sources included the French and British governments, as well as their own intelligence, according to people there.
  • “Ambassador Dermer never shared confidential intelligence information with members of Congress,” Mr. Sagui said. “His briefings did not include specific details from the negotiations, including the length of the agreement or the number of centrifuges Iran would be able to keep.” Current and former U.S. officials confirmed that the number and type of centrifuges cited in the briefings were part of the discussions. But they said the briefings were misleading because Israeli officials didn’t disclose concessions asked of Iran. Those included giving up stockpiles of nuclear material, as well as modifying the advanced centrifuges to slow output, these officials said. The administration didn’t brief lawmakers on the centrifuge numbers and other details at the time because the information was classified and the details were still in flux, current and former U.S. officials said. Unexpected reaction The congressional briefings and Mr. Netanyahu’s decision to address a joint meeting of Congress on the emerging deal sparked a backlash among many Democratic lawmakers, congressional aides said.
  • On Feb. 3, Mr. Dermer huddled with Sen. Joe Manchin, a West Virginia Democrat, who said he told Mr. Dermer it was a breach of protocol for Mr. Netanyahu to accept an invitation from Mr. Boehner without going through the White House. Mr. Manchin said he told Mr. Dermer he would attend the prime minister’s speech to Congress, but he was noncommittal about supporting any move by Congress to block a deal. Mr. Dermer spent the following day doing damage control with Sen. Kirsten Gillibrand, a New York Democrat, congressional aides said. Two days later, Mr. Dermer met with Sen. Dianne Feinstein of California, the top Democrat on the SenateIntelligence Committee, at her Washington, D.C., home. He pressed for her support because he knew that she, too, was angry about Mr. Netanyahu’s planned appearance. Ms. Feinstein said afterward she would oppose legislation allowing Congress to vote down an agreement.
  • Congressional aides and Israeli officials now say Israel’s coalition in Congress is short the votes needed to pass legislation that could overcome a presidential veto, although that could change. In response, Israeli officials said, Mr. Netanyahu was pursuing other ways to pressure the White House. This week, Mr. Netanyahu sent a delegation to France, which has been more closely aligned with Israel on the nuclear talks and which could throw obstacles in Mr. Obama’s way before a deal is signed. The Obama administration, meanwhile, is stepping up its outreach to Paris to blunt the Israeli push. “If you’re wondering whether something serious has shifted here, the answer is yes,” a senior U.S. official said. “These things leave scars.”
  • Paul Merrell on 24 Mar 15
     
    Obama is moving preemptively to blunt Israel's influence in Congress on the Iran negotiation.
Paul Merrell

Saudi Arabia warns of shift away from U.S. over Syria, Iran | Reuters - 1 views

www.reuters.com/...audi-usa-idUSBRE99L0K120131022

shared by Paul Merrell on 23 Oct 13 - No Cached
  • (Reuters) - Upset at President Barack Obama's policies on Iran and Syria, members of Saudi Arabia's ruling family are threatening a rift with the United States that could take the alliance between Washington and the kingdom to its lowest point in years. Saudi Arabia's intelligence chief is vowing that the kingdom will make a "major shift" in relations with the United States to protest perceived American inaction over Syria's civil war as well as recent U.S. overtures to Iran, a source close to Saudi policy said on Tuesday.Prince Bandar bin Sultan told European diplomats that the United States had failed to act effectively against Syrian President Bashar al-Assad and the Israeli-Palestinian conflict, was growing closer to Tehran, and had failed to back Saudi support for Bahrain when it crushed an anti-government revolt in 2011, the source said."The shift away from the U.S. is a major one," the source close to Saudi policy said. "Saudi doesn't want to find itself any longer in a situation where it is dependent."It was not immediately clear whether the reported statements by Prince Bandar, who was the Saudi ambassador to Washington for 22 years, had the full backing of King Abdullah.
  • Saudi Arabia's intelligence chief is vowing that the kingdom will make a "major shift" in relations with the United States to protest perceived American inaction over Syria's civil war as well as recent U.S. overtures to Iran, a source close to Saudi policy said on Tuesday.Prince Bandar bin Sultan told European diplomats that the United States had failed to act effectively against Syrian President Bashar al-Assad and the Israeli-Palestinian conflict, was growing closer to Tehran, and had failed to back Saudi support for Bahrain when it crushed an anti-government revolt in 2011, the source said."The shift away from the U.S. is a major one," the source close to Saudi policy said. "Saudi doesn't want to find itself any longer in a situation where it is dependent."It was not immediately clear whether the reported statements by Prince Bandar, who was the Saudi ambassador to Washington for 22 years, had the full backing of King Abdullah.The growing breach between the United States and Saudi Arabia was also on display in Washington, where another senior Saudi prince criticized Obama's Middle East policies, accusing him of "dithering" on Syria and Israeli-Palestinian peace.
  • In unusually blunt public remarks, Prince Turki al-Faisal called Obama's policies in Syria "lamentable" and ridiculed a U.S.-Russian deal to eliminate Assad's chemical weapons. He suggested it was a ruse to let Obama avoid military action in Syria."The current charade of international control over Bashar's chemical arsenal would be funny if it were not so blatantly perfidious. And designed not only to give Mr. Obama an opportunity to back down (from military strikes), but also to help Assad to butcher his people," said Prince Turki, a member of the Saudi royal family and former director of Saudi intelligence.The United States and Saudi Arabia have been allies since the kingdom was declared in 1932, giving Riyadh a powerful military protector and Washington secure oil supplies.The Saudi criticism came days after the 40th anniversary of the October 1973 Arab oil embargo imposed to punish the West for supporting Israel in the Yom Kippur war.That was one of the low points in U.S.-Saudi ties, which were also badly shaken by the September 11, 2001, attacks on the United States. Most of the 9/11 hijackers were Saudi nationals.
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  • Saudi Arabia gave a clear sign of its displeasure over Obama's foreign policy last week when it rejected a coveted two-year term on the U.N. Security Council in a display of anger over the failure of the international community to end the war in Syria and act on other Middle East issues.Prince Turki indicated that Saudi Arabia will not reverse that decision, which he said was a result of the Security Council's failure to stop Assad and implement its own decision on the Israeli-Palestinian conflict."There is nothing whimsical about the decision to forego membership of the Security Council. It is based on the ineffectual experience of that body," he said in a speech to the Washington-based National Council on U.S.-Arab Relations.
  • Prince Bandar is seen as a foreign policy hawk, especially on Iran. The Sunni Muslim kingdom's rivalry with Shi'ite Iran, an ally of Syria, has amplified sectarian tensions across the Middle East.A son of the late defense minister and crown prince, Prince Sultan, and a protégé of the late King Fahd, he fell from favor with King Abdullah after clashing on foreign policy in 2005.But he was called in from the cold last year with a mandate to bring down Assad, diplomats in the Gulf say. Over the past year, he has led Saudi efforts to bring arms and other aid to Syrian rebels."Prince Bandar told diplomats that he plans to limit interaction with the U.S.," the source close to Saudi policy said."This happens after the U.S. failed to take any effective action on Syria and Palestine. Relations with the U.S. have been deteriorating for a while, as Saudi feels that the U.S. is growing closer with Iran and the U.S. also failed to support Saudi during the Bahrain uprising," the source said.The source declined to provide more details of Bandar's talks with the diplomats, which took place in the past few days.
  • But he suggested that the planned change in ties between the energy superpower and the United States would have wide-ranging consequences, including on arms purchases and oil sales.Saudi Arabia, the world's biggest oil exporter, ploughs much of its earnings back into U.S. assets. Most of the Saudi central bank's net foreign assets of $690 billion are thought to be denominated in dollars, much of them in U.S. Treasury bonds."All options are on the table now, and for sure there will be some impact," the Saudi source said.He said there would be no further coordination with the United States over the war in Syria, where the Saudis have armed and financed rebel groups fighting Assad.The kingdom has informed the United States of its actions in Syria, and diplomats say it has respected U.S. requests not to supply the groups with advanced weaponry that the West fears could fall into the hands of al Qaeda-aligned groups.Saudi anger boiled over after Washington refrained from military strikes in response to a poison gas attack in Damascus in August when Assad agreed to give up his chemical weapons arsenal.
  • Paul Merrell on 23 Oct 13
     
    This lengthy article from Reuters deserves attention. The peace initiatives by Russia/Syria and by Iran are forcing realignment of foreign policies throughout the Mideast. The U.S. is no longer perceived as being on the side of only Sunni Muslim states. One of the most visible changes (after cancellation of the U.S. military strike on Syria) is a go-it-alone declaration by the House of Saud that parallels the stance taken by Israel's ruling right-wing coalition. Both Israel and the Saudis had very successfully isolated the U.S. from the non-Sunni Arab nations, fueling and deepening a religious divide within the Arab nations. It remains to be seen whether the declarations by the House of Saud and Bibi Netanyahu will translate into effective military action against Iran and Syria, although Saudi money and weapons will continue to flow into Syria for the foreseeable future. Both nations will continue attempts to undo the looming Iran-U.S. thaw in relations. Predictably, the Zionist/Neocon hawks in Congress are pushing legislation to put a big freeze back on the Iran-U.S. thaw in relations, including a bill to stiffen economic sanctions on Iran and authorize military strikes against Syria. But that legislation seems to be going nowhere; the mood of the U.S. population (and thus of those up for election next year) has shifted to profoundly anti-war, at least as applied to Syria and Iran. It would be ironic if Russia/Syria and Iran's peace initiatives actually resulted in a lasting U.S. shift away from the Zionist/Neocon strategy to destabilize all of Israel's neighboring states except Egypt, Lebanon, and Jordan (those three have already been destabilized and swept into Israel's influence). If so, Obama might yet leave a positive legacy.
Paul Merrell

Hackers Stole Secrets of U.S. Government Workers' Sex Lives - The Daily Beast - 0 views

www.thedailybeast.com/...ernment-workers-sex-lives.html

surveillance state OPM-computer-breach Snowden China

shared by Paul Merrell on 26 Jun 15 - No Cached
  • It was already being described as the worst hack of the U.S. government in history. And it just got much worse.A senior U.S. official has confirmed that foreign hackers compromised the intimate personal details of an untold number of government workers. Likely included in the hackers’ haul: information about workers’ sexual partners, drug and alcohol abuse, debts, gambling compulsions, marital troubles, and any criminal activity.Those details, which are now presumed to be in the hands of Chinese spies, are found in the so-called “adjudication information” that U.S. investigators compile on government employees and contractors who are applying for security clearances. The exposure suggests that the massive computer breach at the Office of Personnel Management is more significant and potentially damaging to national security than officials have previously said.
  • Three former U.S. intelligence officials told The Daily Beast that the adjudication information would effectively provide dossiers on current and former government employees, as well as contractors. It gives foreign intelligence agencies a roadmap for finding people with access to the government’s most highly classified secrets.Obama administration officials had previously acknowledged the breach of information that applicants voluntarily disclose on a routine questionnaire, called Standard Form 86, but the theft of the more detailed and wide-ranging adjudication information appears to have gone overlooked.
  • “Whoever compromised the adjudication information is going to have clear knowledge, beyond what’s in the SF86, about who the best targets for espionage are in the United States,” Michael Adams, a computer security expert who served more than two decades in the U.S. Special Operations Command, told The Daily Beast. “This is the most successful cyber attack in the history of the United States,” owing to the amount and quality of the information that was stolen, Adams said. U.S. intelligence officers spend years trying to recruit foreign spies to gather the kinds of details and insights that are contained in adjudication information, one former senior U.S. official said. This official, who requested anonymity, added that adjudication information would give foreign intelligence services “enormous leverage” over U.S. personnel whom they might forcibly interrogate for information or try to recruit.
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  • The adjudication process had a broad scope, taking into account the SF86 questionnaire, reports from background investigations, interviews with the applicant's family members and associates, his or her employment history, and for people seeking high-level clearances, the results of polygraph investigations.Seymour said such records “span an employee’s career” and could stretch back as far as 30 years. Officials have said that as many as 18 million people may have been affected by the breach. Asked specifically what information the hackers had obtained, Seymour told lawmakers that she preferred to answer later in a “classified session.” Seymour didn’t specify how many people’s information was stolen. But the OPM oversees background investigations, which comprise a key part of the adjudication process, for more than 90 percent of security clearance applicants, according to the Congressional Research Service. An OPM spokesman didn’t respond to a request for comment in time for publication.
  • A former senior U.S. intelligence official, who asked to remain anonymous, said the OPM breach would cause more damage to national security operations and personnel than the leaks by Edward Snowden about classified surveillance by the National Security Agency.“This is worse than Snowden, because at least programs that were running before the leaks could be replaced or rebuilt,” the former official said. “But OPM, that’s the gift that keeps on giving. You can’t rebuild people.”Adjudicators are in a powerful position because in deciding whether to recommend granting a security clearance, they have access to the entire scope of an applicant’s file and are told to make a subjective analysis.“The adjudication process is the careful weighing of a number of variables known as the whole-person concept,” according to official guidelines. “Available, reliable information about the person, past and present, favorable and unfavorable, should be considered in reaching a determination.”
  • By design, adjudication is an invasive process, meant to unearth risk factors including drug and alcohol abuse, extramarital affairs, a history of violence, and other events that speak to a person’s “trustworthiness” and their susceptibility to blackmail or being recruited to spy for a foreign government.For instance, “compulsive gambling is a concern, as it may lead to financial crimes including espionage,” the guidelines say. Adjudicators are told to note “a pattern of compulsive, self-destructive, or high risk sexual behavior,” “relapse after diagnosis of alcohol abuse,” and “emotionally unstable, irresponsible, dysfunctional, violent, paranoid, or bizarre behavior,” among other warning signs in 13 categories. Some of the embarrassing personal details found in some adjudications have been made public. That’s what happens after an applicant who was denied a security clearance launched an appeal.
  • Armed with such intimate details of a person’s worst moments, foreign spies would have unprecedented advantage against their U.S. adversaries. And the news is especially bad for people who hold the highest levels of clearance, which require more rigorous background checks, noted Adams, the computer security expert. “The higher up you go in your sensitivity levels, the more data that’s in your adjudication file,” he said.
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

verdict.justia.com/...ubious-state-secrets-privilege

Dark-State state-secrets government secrecy Restis DoJ Holder

shared by Paul Merrell on 19 Sep 14 - No Cached
  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
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  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  • Paul Merrell on 19 Sep 14
     
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Paul Merrell

What GOP Senators Don't Understand About Iran | Al Jazeera America - 0 views

america.aljazeera.com/...not-understand-about-iran.html

war & peace U.S.-foreign-policy Iranian-nukes-myth Security Council Obama negotiations

shared by Paul Merrell on 13 Mar 15 - No Cached
  • There’s a charming naiveté to the open letter [PDF] by 47 Republican senators that condescendingly seeks to explain features of the U.S. constitutional system to Iran’s leaders that they otherwise “may not fully understand.” The missive warns that, with respect to “your nuclear negotiations with our government ... any agreement regarding your nuclear-weapons program that is not approved by the Congress” could be revoked by the next president “with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”
  • Beyond the amusing inaccuracies about U.S. parliamentary order, it seems there are some features of the nuclear negotiations that the signatory senators don’t fully understand — not only on the terms of the deal, but also on who would be party to an agreement. There are no negotiations on Iran’s “nuclear-weapons program” because the world’s intelligence agencies (including those of the U.S. and Israel) do not believe Iran is currently building nuclear weapons, nor has it made a strategic decision to use its civilian nuclear infrastructure to produce a bomb. An active Iranian nuclear-weapons program would render moot the current negotiations, because Iran would be in fundamental violation of the Nuclear Non-Proliferation Treaty (NPT). As things stand, Tehran remains within the terms of the NPT, which allows nuclear technology for peaceful purposes, but monitors member states to prevent weaponization. Tehran and the IAEA remain in dispute over full compliance with all transparency requirements of the NPT, particularly over alleged previous research into weapons design. But Iran’s nuclear facilities remain under constant monitoring by international inspectors who certify that no nuclear material is being diverted.
  • The current negotiations are focused on strengthening verifiable safeguards against weaponization over-and-above those required by the NPT, yet the Republican-led Congress, egged on by Israeli Prime Minister Benjamin Netanyahu, is warning that those goals are insufficient, and the terms and time-frame of the deal are unacceptable. The key element missing from the GOP Senators’ letter, however, is that the deal is not being negotiated between Iran and the United States; it is being negotiated between Iran and the P5+1 group, in which the U.S. is joined by Britain, France, Germany, Russia and China. Even if the U.S. is the key player in that group, the deal being pursued reflects an international consensus — the same consensus that has made sanctions against Iran so effective. This was likely in the mind of Iran’s foreign minister, Javad Zarif, who dismissed the letter as “of no legal value” and a “propaganda ploy.” Zarif noted that the deal would indeed be an international agreement adopted by the U.N. Security Council, which a new administration would be obliged to uphold — and that any attempt by the White House or Congress to abrogate, unilaterally modify or impede such an agreement would be a breach of U.S. obligations. 
  • Paul Merrell on 13 Mar 15
     
    "Zarif noted that the deal would indeed be an international agreement adopted by the U.N. Security Council, which a new administration would be obliged to uphold - and that any attempt by the White House or Congress to abrogate, unilaterally modify or impede such an agreement would be a breach of U.S. obligations." Apparently, I was wrong. I thought Obama would work around the demand for Congressional input by letting the other P5+1 members ink the deal but the U.S. not signing. But a U.N. Security Council Resolution is even stronger medicine for the War Party, since the SC has the power to forbid economic sanctions as well. Take that, Mr. Netanyahu and Mr. Boehner!
  • Paul Merrell on 13 Mar 15
     
    Could anything make it more clear that Netanyahu's speech to Congress was only to aid in his reelection in Israel? Israel has been briefed on the negotiations all along, so Netanyahu surely knew that the goal was a Security Council resolution that Congress could not affect. And while admittedly, the fact that it was a Security Council Resolution in the making was not widely known, are we to believe that the Speaker of the House of Representatives did not know that too? So are now not down to the entire spectacle of Netanyahu's speech being political, Netanyahu electioneering and Boehner mud-slinging the President?
Paul Merrell

BERLIN: German expose of America's "Secret War" attracts quick, strong U.S. rebuttal | ... - 0 views

www.mcclatchydc.com/...expose-of-americas-secret.html

surveillance state U.S. Germany drone attacks NSA-blowback

shared by Paul Merrell on 18 Nov 13 - No Cached
  • BERLIN — To appreciate the scope and impact of a joint investigative series by the highly regarded German newspaper Sueddeutsche Zeitung and German public television station NDR on the depth of American trespasses in this country, you don’t even have to read a word of the reports, or watch the videos.All you really have to do is take a look at the U.S. Embassy rebuttal of the series. The multi-part, multi-media series was put on line beginning Friday morning, though some parts weren’t up until evening. And others are said to be coming during the coming weeks. The U.S. Embassy in Germany press office statement came out just after 3 p.m.
  • News report charges U.S. with conducting illegal operations from German soil
  • The newspaper reaction to that reaction: "The American Embassy also comments and rejects the reports as innuendo. They are stating the the United States "are not kidnapping and torturing on principal." This is a daring claim. Only seven months ago a commission made up of Democrats and Republicans called it "undeniable" that the United States tortured inmates following the terror attacks of 2001. Even President Barack Obama said in 2009 that the American practice of water boarding was torture." The website does note that almost 20 reporters started gathering this series more than a year ago.So it doesn't look as if the newspaper and television station will be backing away from their reporting just yet.In any case, the U.S. embassy makes a strong statement, and takes on some of Germany's most respected journalists.Why? One piece of the SZ English language version of the series begins:“Tapping Germany’s Chancellor Angela Merkel’s phone would seem like an outrageous breach of trust—except that there have been so many other, deadlier and lesser-known, breaches of trust wrought by the U.S. in Germany in recent years.
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  • “Where to begin? There’s the worldwide secret drone war—a massive break with international law. Then there’s the large and growing shadow army of private spies. And, finally, the asylum seekers, whose knowledge is unwittingly used to drop bombs in their home countries.“The worst part? Germany doesn't even seem to mind.”The series goes on at great detail in each of these areas. At times, it advances with videos, including one showing it's reporter being stopped from shooting video near the U.S. Embassy in Berlin, or near a number of bases, and allegedly secret bases, of both the United States and the United Kingdom around Germany.The series reports that the $3 billion a year the United States spends in Germany pay for everything from bases for the 43,000 U.S. soldiers stationed here to the American drone campaign in Africa. According to the newspaper’s English language version, that drone program works like this:
  • “First they practice with their 57 drones getting ready for the real thing. When they receive intelligence on potential targets and suspected terrorists, they deliver that information to U.S. intelligence officers, also based in Germany. And these soldiers are responsible when innocent civilians in Africa die as a result. Moral issues aside, the fact remains: without these bases in Germany, the U.S.’s ‘war on terror’ would not be the well-oiled machine it is now. Germany acts as the headquarters for secret wars in Africa, the European hub for CIA operations and the training ground for drone attacks worldwide. And Germany’s location is indispensable.”There is much, much more, here. And the website notes that stories will be coming out during the next several weeks. 
  • Paul Merrell on 18 Nov 13
     
    German journalists are doing their own digging on U.S. abuse of that nation as a major base for spying and waging war against Africa. In the last line of the quoted article, there is a link to a site that is translating the German reports. 
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

www.reuters.com/...ications-idUSBREA331W820140404

surveillance state NSA EU EU-cloud USTR WTO digital-privacy

shared by Paul Merrell on 08 Apr 14 - No Cached
  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
  • Paul Merrell on 08 Apr 14
     
    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Paul Merrell

Germany Opens Criminal Investigation On Alleged NSA Merkel Phone Tap - 0 views

www.mintpressnews.com/...191918

surveillance state NSA Germany criminal-investigation

shared by Paul Merrell on 05 Jun 14 - No Cached
  • German prosecutors have opened an investigation into the alleged monitoring of Chancellor Angela Merkel’s cellphone by the U.S. National Security Agency, officials said Wednesday, in a move that could again complicate diplomatic relations between the two allies. It was not immediately clear what the new investigation might mean in terms of possible prosecutions of Americans. Documents provided by National Security Agency leaker Edward Snowden indicated in October that the U.S. was monitoring Merkel’s cellphone conversations, as well as those of 35 other foreign leaders. Merkel expressed outrage and accused Washington of a grave breach of trust. In the ensuing diplomatic fallout, President Barack Obama acknowledged Germany’s anger and promised that new guidelines would cut back on such monitoring, except in the case of a national security interest. “The leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them rather than turning to surveillance,” Obama said at the time.
  • Following the news of the German probe, Obama’s deputy national security adviser, Ben Rhodes, said the U.S. believes direct dialogue between the two countries rather than an investigation is the best way to address Germany’s concerns. “We believe we have an open line and good communication” with Merkel and her team, Rhodes told reporters aboard Air Force One as Obama flew to Brussels for a meeting of the Group of Seven nations. After mulling for months whether to open a formal probe, Chief Federal Prosecutor Harald Range determined “that sufficient factual evidence exists that unknown members of U.S. intelligence services spied on the mobile phone of Chancellor Angela Merkel,” his office said. In a similarly thorny diplomatic case, Germany got as far as issuing warrants for 13 unidentified CIA agents suspected of kidnapping a German terrorism suspect and taking him to a detention center in Afghanistan. The case was shelved in 2007 after the U.S. Justice Department said extraditing the agents would harm “American national interests.”
  • In his Wednesday announcement, Range’s office said he was not opening a formal investigation of wider allegations of blanket surveillance of telecommunications data in Germany by U.S. and British intelligence, saying that there was not yet sufficient factual evidence of concrete crimes. His office said that will remain under consideration. Merkel’s spokesman, Steffen Seibert, declined to comment on Range’s decision or on whether the government fears it will weigh on relations with the U.S. The government didn’t exert any influence on the prosecutor, Seibert told reporters. “I am not going to evaluate here the decision he has made,” he said. Separately, the German Parliament earlier this year set up a committee to investigate the scope of spying by the NSA and other intelligence services in Germany.
  • Paul Merrell on 05 Jun 14
     
    There's a bit of comedy beneath the surface here. When Edward Snowden was in Hong Kong and news of the NSA leak hit, the U.S. Dept. of Justice promptly filed a criminal espionage charge against Snowden and attempted to extradite him from Hong Kong. Snowden left Hong Kong before the extradition paperwork was processed enough to result in his arrest.  Now with a pending criminal investigation of the NSA's espionage activities aimed at Germany's chancellor, the Obama White House says it wants dialog, not a criminal investigation. Would the U.S. honor its extradition treaty with Germany if NSA officials or the Director of Intelligence were charged with espionage in Germany? One might suspect that a dual-standard would be deployed, in effect saying that only espionage charges that the U.S. lodges can justify extradition. Or at least that's the way it worked when Italy tried and convicted in absentia several CIA officials and an Air Force officer of espionage activities, relating to the kidnapping and "extraordinary rendition" of a gentleman in Italy.       But this incident serves as a reminder that when the NSA officials conduct foreign intelligence activities, they will in most cases be deliberately violating the criminal laws of other nations. And the same activity aimed at U.S. citizens is also criminal, which is undoubtedly why Sen. Ron Wyden asked Director of Intelligence Clapper if the NSA had taken account of the Computer Fraud and Abuse Act in its processing of domestic digital communications. Clapper said he would get back to Wyden on that in writing. So far as I'm aware, Wyden is still waiting for that answer. There are lots of comedians in Washington, D.C. Most of them have no idea that they are comedians.   
Paul Merrell

European Lawmakers Demand Answers on Phone Key Theft - The Intercept - 0 views

firstlook.org/...gemalto-heist-shocks-europe

surveillance state Gemalto SIM-card-keys

shared by Paul Merrell on 24 Feb 15 - No Cached
  • European officials are demanding answers and investigations into a joint U.S. and U.K. hack of the world’s largest manufacturer of mobile SIM cards, following a report published by The Intercept Thursday. The report, based on leaked documents provided by NSA whistleblower Edward Snowden, revealed the U.S. spy agency and its British counterpart Government Communications Headquarters, GCHQ, hacked the Franco-Dutch digital security giant Gemalto in a sophisticated heist of encrypted cell-phone keys. The European Parliament’s chief negotiator on the European Union’s data protection law, Jan Philipp Albrecht, said the hack was “obviously based on some illegal activities.” “Member states like the U.K. are frankly not respecting the [law of the] Netherlands and partner states,” Albrecht told the Wall Street Journal. Sophie in ’t Veld, an EU parliamentarian with D66, the Netherlands’ largest opposition party, added, “Year after year we have heard about cowboy practices of secret services, but governments did nothing and kept quiet […] In fact, those very same governments push for ever-more surveillance capabilities, while it remains unclear how effective these practices are.”
  • “If the average IT whizzkid breaks into a company system, he’ll end up behind bars,” In ’t Veld added in a tweet Friday. The EU itself is barred from undertaking such investigations, leaving individual countries responsible for looking into cases that impact their national security matters. “We even get letters from the U.K. government saying we shouldn’t deal with these issues because it’s their own issue of national security,” Albrecht said. Still, lawmakers in the Netherlands are seeking investigations. Gerard Schouw, a Dutch member of parliament, also with the D66 party, has called on Ronald Plasterk, the Dutch minister of the interior, to answer questions before parliament. On Tuesday, the Dutch parliament will debate Schouw’s request. Additionally, European legal experts tell The Intercept, public prosecutors in EU member states that are both party to the Cybercrime Convention, which prohibits computer hacking, and home to Gemalto subsidiaries could pursue investigations into the breach of the company’s systems.
  • According to secret documents from 2010 and 2011, a joint NSA-GCHQ unit penetrated Gemalto’s internal networks and infiltrated the private communications of its employees in order to steal encryption keys, embedded on tiny SIM cards, which are used to protect the privacy of cellphone communications across the world. Gemalto produces some 2 billion SIM cards a year. The company’s clients include AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers. “[We] believe we have their entire network,” GCHQ boasted in a leaked slide, referring to the Gemalto heist.
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  • While Gemalto was indeed another casualty in Western governments’ sweeping effort to gather as much global intelligence advantage as possible, the leaked documents make clear that the company was specifically targeted. According to the materials published Thursday, GCHQ used a specific codename — DAPINO GAMMA — to refer to the operations against Gemalto. The spies also actively penetrated the email and social media accounts of Gemalto employees across the world in an effort to steal the company’s encryption keys. Evidence of the Gemalto breach rattled the digital security community. “Almost everyone in the world carries cell phones and this is an unprecedented mass attack on the privacy of citizens worldwide,” said Greg Nojeim, senior counsel at the Center for Democracy & Technology, a non-profit that advocates for digital privacy and free online expression. “While there is certainly value in targeted surveillance of cell phone communications, this coordinated subversion of the trusted technical security infrastructure of cell phones means the US and British governments now have easy access to our mobile communications.”
  • For Gemalto, evidence that their vaunted security systems and the privacy of customers had been compromised by the world’s top spy agencies made an immediate financial impact. The company’s shares took a dive on the Paris bourse Friday, falling $500 million. In the U.S., Gemalto’s shares fell as much 10 percent Friday morning. They had recovered somewhat — down 4 percent — by the close of trading on the Euronext stock exchange. Analysts at Dutch financial services company Rabobank speculated in a research note that Gemalto could be forced to recall “a large number” of SIM cards. The French daily L’Express noted today that Gemalto board member Alex Mandl was a founding trustee of the CIA-funded venture capital firm In-Q-Tel. Mandl resigned from In-Q-Tel’s board in 2002, when he was appointed CEO of Gemplus, which later merged with another company to become Gemalto. But the CIA connection still dogged Mandl, with the French press regularly insinuating that American spies could infiltrate the company. In 2003, a group of French lawmakers tried unsuccessfully to create a commission to investigate Gemplus’s ties to the CIA and its implications for the security of SIM cards. Mandl, an Austrian-American businessman who was once a top executive at AT&T, has denied that he had any relationship with the CIA beyond In-Q-Tel. In 2002, he said he did not even have a security clearance.
  • AT&T, T-Mobile and Verizon could not be reached for comment Friday. Sprint declined to comment. Vodafone, the world’s second largest telecom provider by subscribers and a customer of Gemalto, said in a statement, “[W]e have no further details of these allegations which are industrywide in nature and are not focused on any one mobile operator. We will support industry bodies and Gemalto in their investigations.” Deutsche Telekom AG, a German company, said it has changed encryption algorithms in its Gemalto SIM cards. “We currently have no knowledge that this additional protection mechanism has been compromised,” the company said in a statement. “However, we cannot rule out this completely.”
  • Update: Asked about the SIM card heist, White House press secretary Josh Earnest said he did not expect the news would hurt relations with the tech industry: “It’s hard for me to imagine that there are a lot of technology executives that are out there that are in a position of saying that they hope that people who wish harm to this country will be able to use their technology to do so. So, I do think in fact that there are opportunities for the private sector and the federal government to coordinate and to cooperate on these efforts, both to keep the country safe, but also to protect our civil liberties.”
  • Paul Merrell on 24 Feb 15
     
    Watch for massive class action product defect litigation to be filed against the phone companies.and mobile device manufacturers.  In most U.S. jurisdictions, proof that the vendors/manufacturers  knew of the product defect is not required, only proof of the defect. Also, this is a golden opportunity for anyone who wants to get out of a pricey cellphone contract, since providing a compromised cellphone is a material breach of warranty, whether explicit or implied..   
Paul Merrell

Western Spy Agencies Secretly Rely on Hackers for Intel and Expertise - The Intercept - 0 views

firstlook.org/...-nsa-gchq-rely-intel-expertise

surveillance state NSA-targets hackers

shared by Paul Merrell on 05 Feb 15 - No Cached
  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
  • By looking out for hacking conducted “both by state-sponsored and freelance hackers” and riding on the coattails of hackers, Western intelligence agencies have gathered what they regard as valuable content: Recently, Communications Security Establishment Canada (CSEC) and Menwith Hill Station (MHS) discovered and began exploiting a target-rich data set being stolen by hackers. The hackers’ sophisticated email-stealing intrusion set is known as INTOLERANT. Of the traffic observed, nearly half contains category hits because the attackers are targeting email accounts of interest to the Intelligence Community. Although a relatively new data source, [Target Offices of Primary Interest] have already written multiple reports based on INTOLERANT collect. The hackers targeted a wide range of diplomatic corps, human rights and democracy activists and even journalists: INTOLERANT traffic is very organized. Each event is labeled to identify and categorize victims. Cyber attacks commonly apply descriptors to each victim – it helps herd victims and track which attacks succeed and which fail. Victim categories make INTOLERANT interesting: A = Indian Diplomatic & Indian Navy B = Central Asian diplomatic C = Chinese Human Rights Defenders D = Tibetan Pro-Democracy Personalities E = Uighur Activists F = European Special Rep to Afghanistan and Indian photo-journalism G = Tibetan Government in Exile
  • In those cases, the NSA and its partner agencies in the United Kingdom and Canada were unable to determine the identity of the hackers who collected the data, but suspect a state sponsor “based on the level of sophistication and the victim set.” In instances where hacking may compromise data from the U.S. and U.K. governments, or their allies, notification was given to the “relevant parties.” In a separate document, GCHQ officials discuss plans to use open source discussions among hackers to improve their own knowledge. “Analysts are potentially missing out on valuable open source information relating to cyber defence because of an inability to easily keep up to date with specific blogs and Twitter sources,” according to one document. GCHQ created a program called LOVELY HORSE to monitor and index public discussion by hackers on Twitter and other social media. The Twitter accounts designated for collection in the 2012 document:
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  • These accounts represent a cross section of the hacker community and security scene. In addition to monitoring multiple accounts affiliated with Anonymous, GCHQ monitored the tweets of Kevin Mitnick, who was sent to prison in 1999 for various computer and fraud related offenses. The U.S. Government once characterized Mitnick as one of the world’s most villainous hackers, but he has since turned security consultant and exploit broker. Among others, GCHQ monitored the tweets of reverse-engineer and Google employee, Thomas Dullien. Fellow Googler Tavis Ormandy, from Google’s vulnerability research team Project Zero, is featured on the list, along with other well known offensive security researchers, including Metasploit’s HD Moore and James Lee (aka Egypt) together with Dino Dai Zovi and Alexander Sotirov, who at the time both worked for New York-based offensive security company, Trail of Bits (Dai Zovi has since taken up a position at payment company, Square). The list also includes notable anti-forensics and operational security expert “The Grugq.” GCHQ monitored the tweets of former NSA agents Dave Aitel and Charlie Miller, and former Air Force intelligence officer Richard Bejtlich as well as French exploit vendor, VUPEN (who sold a one year subscription for its binary analysis and exploits service to the NSA in 2012).
  • Documents published with this article: LOVELY HORSE – GCHQ Wiki Overview INTOLERANT – Who Else Is Targeting Your Target? Collecting Data Stolen by Hackers – SIDtoday  HAPPY TRIGGER/LOVELY HORSE/Zool/TWO FACE – Open Source for Cyber Defence/Progress NATO Civilian Intelligence Council – Cyber Panel – US Talking Points
  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
Gary Edwards

A Victory for All of Us - Liberty in the Breach - 0 views

www.paulcraigroberts.org/...a-victory-for-all-of-us

Paul-Craig-Roberts Liberty-Tryanny Liberty-in-the-breach NDAA

shared by Gary Edwards on 11 Jul 12 - No Cached
  • Gary Edwards on 11 Jul 12
     
    Details of how a federal Judge came to rule that the insideous NDAA law is un Constitutional. excerpt: Posted on May 18, 2012 By Chris Hedges In January, attorneys Carl Mayer and Bruce Afran asked me to be the lead plaintiff in a lawsuit against President Barack Obama and Defense Secretary Leon Panetta that challenged the harsh provisions of the National Defense Authorization Act (NDAA). We filed the lawsuit, worked for hours on the affidavits, carried out the tedious depositions, prepared the case and went to trial because we did not want to be passive in the face of another egregious assault on basic civil liberties, because resistance is a moral imperative, and because, at the very least, we hoped we could draw attention to the injustice of the law. None of us thought we would win. But every once in a while the gods smile on the damned. U.S. District Judge Katherine Forrest, in a 68-page opinion, ruled Wednesday that Section 1021 of the NDAA was unconstitutional. It was a stunning and monumental victory. With her ruling she returned us to a country where-as it was before Obama signed this act into law Dec. 31-the government cannot strip a U.S. citizen of due process or use the military to arrest him or her and then hold him or her in military prison indefinitely. She categorically rejected the government's claims that the plaintiffs did not have the standing to bring the case to trial because none of us had been indefinitely detained, that lack of imminent enforcement against us meant there was no need for an injunction and that the NDAA simply codified what had previously been set down in the 2001 Authorization to Use Military Force Act. The ruling was a huge victory for the protection of free speech. Judge Forrest struck down language in the law that she said gave the government the ability to incarcerate people based on what they said or wrote. Maybe the ruling won't last. Maybe it will be overturned. But we and other Americans are
  • Paul Merrell on 12 Jul 12
Paul Merrell

Greenwald: Snowden's Files Are Out There if "Anything Happens" To Him - The Daily Beast - 0 views

www.thedailybeast.com/...f-anything-happens-to-him.html

surveillance state NSA leaked-docs Greenwald

shared by Paul Merrell on 26 Jun 13 - No Cached
  • Glenn Greenwald, the Guardian journalist who Snowden first contacted in February, told The Daily Beast on Tuesday that Snowden “has taken extreme precautions to make sure many different people around the world have these archives to insure the stories will inevitably be published.” Greenwald added that the people in possession of these files “cannot access them yet because they are highly encrypted and they do not have the passwords.” But, Greenwald said, “if anything happens at all to Edward Snowden, he told me he has arranged for them to get access to the full archives.” The fact that Snowden has made digital copies of the documents he accessed while working at the NSA poses a new challenge to the U.S. intelligence community that has scrambled in recent days to recover them and assess the full damage of the breach. Even if U.S. authorities catch up with Snowden and the four classified laptops the Guardian reported he brought with him to Hong Kong the secrets Snowden hopes to expose will still likely be published.
  • A former U.S. counterintelligence officer following the Snowden saga closely said his contacts inside the U.S. intelligence community “think Snowden has been planning this for years and has stashed files all over the Internet.” This source added, “At this point there is very little anyone can do about this.” The arrangement to entrust encrypted archives of his files with others also sheds light on a cryptic statement Snowden made on June 17 during a live chat with The Guardian. In the online session he said, “All I can say right now is the U.S. government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped.”
  • Greenwald said that he himself has thousands of documents from Snowden that he is continuing to examine. That figure is considerably higher than the 200 documents that Sen. Dianne Feinstein, the chairwoman of the Senate Select Committee, said over the weekend that she was told Snowden possessed. “I don’t know for sure whether [Snowden] has more documents than the ones he has given me,” Greenwald said. “I believe he does. He was clear he did not want to give to journalists things he did not think should be published.”
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  • However, Greenwald said that in his dealings with Snowden the 30-year-old systems administrator was adamant that he and his newspaper go through the document and only publish what served the public’s right to know. “Snowden himself was vehement from the start that we do engage in that journalistic process and we not gratuitously publish things,” Greenwald said. “I do know he was vehement about that. He was not trying to harm the U.S. government; he was trying to shine light on it.” Greenwald said Snowden for example did not wish to publicize information that gave the technical specifications or blueprints for how the NSA constructed its eavesdropping network. “He is worried that would enable other states to enhance their security systems and monitor their own citizens.” Greenwald also said Snowden did not wish to repeat the kinds of disclosures made famous a generation ago by former CIA spy, Philip Agee—who published information after defecting to Cuba that outed undercover CIA officers. “He was very insistent he does not want to publish documents to harm individuals or blow anyone’s undercover status,” Greenwald said. He added that Snowden told him, “Leaking CIA documents can actually harm people, whereas leaking NSA documents can harm systems.”
  • For now, Greenwald said he is taking extra precautions against the prospect that he is a target of U.S. surveillance. He said he began using encrypted email when he began communicating with Snowden in February after Snowden sent him a YouTube video walking him through the procedure to encrypt his email. “When I was in Hong Kong, I spoke to my partner in Rio via Skype and told him I would send an electronic encrypted copy of the documents,” Greenwald said. “I did not end up doing it. Two days later his laptop was stolen from our house and nothing else was taken. Nothing like that has happened before. I am not saying it’s connected to this, but obviously the possibility exists.” When asked if Greenwald believed his computer was being monitored by the U.S. government. “I would be shocked if the U.S. government were not trying to access the information on my computer. I carry my computers and data with me everywhere I go.”
Paul Merrell

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

www.nytimes.com/...o-encrypted-communication.html

encryption government-backdoors expert-report

shared by Paul Merrell on 08 Jul 15 - No Cached
  • 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.”
  • Paul Merrell on 08 Jul 15
     
    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

U.S. expands secret facility in Iraq - Pittsburgh Post-Gazette - 0 views

www.post-gazette.com/...201407120083

war & peace Iraq Kurds CIA

shared by Paul Merrell on 13 Jul 14 - No Cached
  • IRBIL, Iraq — A supposedly secret but locally well-known CIA station on the outskirts of Irbil’s airport is undergoing rapid expansion as the United States considers whether to engage in a war against Islamist militants who have seized control of half of Iraq in the past month. Western contractors hired to expand the facility and a local intelligence official confirmed the construction project, which is visible from the main highway linking Irbil to Mosul, the city whose fall June 9 triggered the Islamic State’s sweep through northern and central Iraq. Residents around the airport say they can hear daily what they suspect are U.S. drones taking off and landing at the facility. Expansion of the facility comes as it seems all but certain that the autonomous Kurdish regional government and the central government in Baghdad, never easy partners, are headed for an irrevocable split — complicating any U.S. military hopes of coordinating the two entities’ efforts against the Islamic State.
  • Overnight, Kurdish troops seized oil fields operated by Iraq’s Northern Oil Co., whose exports had been controlled by the central government, “These two are among the main wells producing oil in Iraq,” said Assam Jihad, the Oil Ministry spokesman. “They are the spine of Iraq’s oil wealth and produce 400,000 barrels a day.” Oil industry publications said they had produced a little less than half that in recent months, but nonetheless represent a significant share of Iraq’s oil production. In 2012, Iraq produced on average of 3 million barrels of oil per day, according to the Organization of Petroleum Exporting Countries. “Half of this production goes to the local market, and the other half goes for export,” said Mr. Jihad, criticizing the Kurds’ seizure of the field as a “constitutional breach” and “violation of Iraq’s sovereignty.”
  • The developments all come as the United States, which has said it won’t come to Iraq’s assistance unless Mr. Maliki takes steps to make his government more inclusive, is expected to announce early next week its assessment of the military situation in the country. Pentagon officials said the assessment might be made public as soon as Monday. But U.S. officials have known for some time that it was likely that they would need to coordinate any steps taken in Baghdad and in Irbil, where the peshmerga has worked closely over the years with the CIA, U.S. special forces and the Joint Special Operations Command, the military’s most secretive task force, which has become a bulwark of counterterrorism operations. Peshmerga forces already are manning checkpoints and bunkers to protect the facility, which sits just a few hundred yards from the highway.
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  • Other contractors who deal extensively with moving heavy equipment through Irbil’s airport, which has supported a rapidly expanding oil and gas drilling industry, said they were aware of the expansion. One British oil executive said he’d detected a “low-key but steady stream of men, equipment and supplies for an obvious expansion of the facility.” The local Kurdish intelligence official described what was taking place as a “long-term relationship with the Americans.” In a statement July 3, U.S. Secretary of Defense Chuck Hagel announced that Irbil would host such a center, in addition to one being set up in Baghdad, and suggested that it had already begun operating. “We have personnel on the ground in Irbil, where our second joint operations center has achieved initial operating capability,” he said then.
  • “It’s no secret that the American special forces and CIA have a close relationship with the peshmerga,” said the Kurdish official, who spoke only on condition of anonymity because he was discussing covert military operations. He added that the facility had operated even “after the Americans were forced out of Iraq by Maliki,” a reference to the 2011 U.S. troop withdrawal after the Obama administration and the Iraqi government couldn’t agree on a framework for U.S. forces remaining in the country. The official refused to directly identify the location of the facility but when he was shown the blurred-out location on an online satellite-mapping service he joked, “The peshmerga do not have the influence to make Google blur an area on these maps. I will leave the rest to your conclusions.”
  • Paul Merrell on 13 Jul 14
     
    Two CIA drone bases in Iraq; what could be wrong with that? Remember that CIA staff and contractors, being civilians, aren't included in the head count of American boots on the ground. And the CIA is rather notorious these days for operating drones that kill, not the observation drones that the Pentagon said it would be flying over Iraq.  Smells like Obama has decided to run a hot war in Iraq, at least of the covert variety. 
Paul Merrell

Germany asks CIA station chief to leave over spying allegations - The Washington Post - 0 views

www.washingtonpost.com/...4-8a6a-19355c7e870a_story.html

surveillance state Germany CIA-station-chief

shared by Paul Merrell on 10 Jul 14 - No Cached
  • The German government ordered the CIA’s top officer in Berlin to leave the country Thursday in an extraordinary escalation of a conflict between the two allies over American espionage. The move amounts to a high-profile expression of German anger over alleged CIA operations uncovered by German investigators in recent weeks, as well as continued public outrage over the exposure last year of widespread U.S. surveillance programs whose targets included Chancellor Angela Merkel. A spokesman for the German government, Steffen Seibert, confirmed the expulsion of the CIA station chief in a statement that made clear Berlin regards U.S. espionage efforts as a breach of trust.
  • The decision means that the United States will be forced to withdraw an officer who oversees U.S. spying programs in Germany but also serves as the main point of contact with German intelligence services — exchanging information on subjects ranging from terrorist plots to Iranian nuclear ambitions. In ordering the CIA station chief to leave, Germany resorted to a form of retaliation that is occasionally employed by determined espionage adversaries — such as the United States and Russia — but rarely by such a close ally.
  • Before ordering him out, Germany “had to make a calculation of what they were going to lose — they get a substantial amount of intelligence from us,” said a senior former U.S. intelligence official who worked closely with Berlin and spoke on the condition of anonymity because of the sensitivity of the subject. “There will be people in the [U.S.] intelligence community who will want to say, ‘That’s it.’ ” Former U.S. officials said the agency pulled back on certain spying operations last year amid concern about the fallout from the Edward Snowden leaks. At the same time, the former officials said, the latest arrest and raids indicate that Germany has stepped up its defenses and efforts to root out U.S. spies. Even before the expulsion, U.S. officials said espionage-related frictions with Germany had hurt diplomatic relations with an ally the United States has relied on for support in a series of security matters, including efforts to contain Russian aggression in Ukraine.
  • Paul Merrell on 10 Jul 14
     
    O.K. Now how do we boot the CIA out of America?
Gary Edwards

Arnold Ahlert: Russia Would Love a Third Obama Term - The Patriot Post - 0 views

patriotpost.us/43984

Hillary

shared by Gary Edwards on 09 Aug 16 - No Cached
  • New York Post columnist John Crudele obliterates the despicable word-parsing. “Clinton was so careless when using her BlackBerry that the Russians stole her password,” he writes. “All Russian President Vladimir Putin’s gang had to do was log into Clinton’s account and read whatever they wanted.” When it comes to the DNC hack, “The Russians did it” is the theme-du-jour. Clinton campaign manager, Robby Mook stated Sunday that “experts are telling us that Russian state actors broke into the DNC, stole these emails, [and are] releasing these emails for the purpose of helping Donald Trump.” The campaign itself echoed that assertion. “This is further evidence the Russian government is trying to influence the outcome of the election.”
  • The reliably leftist Politico — so far left that reporter Ken Vogel remains employed there despite sending a story to the DNC before he sent it to his own editor — is quite comfortable advancing that agenda, using it as a vehicle to buff up Clinton’s tenure as secretary of state. “Former U.S. officials who worked on Russia policy with Clinton say that Putin was personally stung by Clinton’s December 2011 condemnation of Russia’s parliamentary elections, and had his anger communicated directly to President Barack Obama,” Politico reports. “They say Putin and his advisers are also keenly aware that, even as she executed Obama’s ‘reset’ policy with Russia, Clinton took a harder line toward Moscow than others in the administration. And they say Putin sees Clinton as a forceful proponent of ‘regime change’ policies that the Russian leader considers a grave threat to his own survival.” Yet even Politico is forced to admit the payback angle is “speculation,” and that some experts remain “unconvinced that Putin’s government engineered the DNC email hack or that it was meant to influence the election in Trump’s favor as opposed to embarrassing DNC officials for any number of reasons.”
  • Americans would also be wise to remain highly skeptical of this claim for any number of reasons. WikiLeaks founder Julian Assange asserts there is “there is no proof whatsoever” Russia is behind the hack and that “this is a diversion that’s being pushed by the Hillary Clinton campaign.” To be fair, Assange is a Russian sympathizer, and leftists aren’t the only ones attributing the hack to the Russians. The same FBI that gave Clinton a pass will be investigating the DNC hack, and at some point the bureau will reach a conclusion. In the meantime, it might be worth considering that this smacks of a carefully orchestrated disinformation campaign similar to the one Clinton and several other Obama administration officials engineered with regard to Benghazi. While Clinton was never held personally or legally accountable for the deaths of four Americans, it is beyond dispute that she lied unabashedly about a video causing the attack, while sending her daughter a damning email at 11:12 p.m. on Sept. 11, 2012, admitting the administration knew “the attack had nothing to do with the film. It was a planned attack, not a protest.” The theme of this coordinated narrative? Clinton campaign chair John Podesta referred Monday night to “a kind of bromance going on” between Putin and Trump. Clinton campaign manager Robby Mook echoed that assertion, insisting the email dump comes on the heels of “changes to the Republican platform to make it more pro-Russian.”
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  • The Leftmedia were equally obliging. “The theory that Moscow orchestrated the leaks to help Trump … is fast gaining currency within the Obama administration because of the timing of the leaks and Trump’s own connections to the Russian government,” reports the Daily Beast. Other Leftmedia examples abound. “Until Friday, that charge, with its eerie suggestion of a Kremlin conspiracy to aid Donald J. Trump, has been only whispered,” shouted the New York Times. “Because the leaks are widely suspected of being the result of a Russian hacking operation, they can be used to reinforce the narrative that Russian President Vladimir Putin is rooting for Trump and that Trump, in turn, would be too accommodating to Moscow,” adds the Los Angeles Times. “Why would Russian President Vladimir Putin want to help Donald Trump win the White House?” asks NPR. “If you want to indulge in a bit of conspiracy theory, remember that Russian President Vladimir Putin has praised candidate Trump as recently as June,” states the Burlington Free Press.
  • Ultimately, here’s the question: If the Russians could access the DNC server, they could certainly access Clinton’s unsecure server. And if they could access Clinton’s server, including the 33,000 emails she deleted (maybe some were about how the Clintons profited from selling American uranium to Russia), ask yourself who they’d rather have in the Oval Office: Donald Trump, who professed admiration for Putin but remains a highly unpredictable individual — or Hillary Clinton, who could be subjected to blackmail for as long as eight years? Russia’s clear objective would be to have the weakest American leadership they can get. Blackmail aside, what would be weaker than an extension of Obama’s presidency?
  • Moreover, it is just as likely a number of the so-called “experts” as well as Clinton’s useful idiot media apparatchiks have considered the blackmail possibility and are trying to divert attention from it with a phony Trump connection story. Democrats can theorize, complain and blame to their hearts' content, but none of it obscures the reality that the DNC — and by extension Hillary Clinton and the entire Democrat Party — are a conglomeration of morally bereft, utterly incompetent individuals wholly ill-equipped to handle internal security, much less national security. And they are aided and abetted by an equally corrupt media, more than willing to abide that potentially catastrophic reality as long as it gets a Democrat in the Oval Office. WikiLeaks has promised additional dumps with be forthcoming. How much deeper Democrats sink is anyone’s guess.
  • Gary Edwards on 09 Aug 16
     
    "If one lives by the vulnerable server, one dies by the vulnerable server. As the week unfolds, America is witnessing the ultimate unmasking of the Democrat Party, an entity whose self-aggrandizing claims of unity, fairness and intellectual honesty have been revealed as utterly fraudulent by a flood of DNC emails released by WikiLeaks. Moreover, a stunning level of hypocrisy attends the entire exposure, as DNC Chairwoman Debbie Wasserman Schultz is sent packing for this breach of confidential party information, while Hillary Clinton, whose equally accessible private server contained far more critical top-secret information, officially became the party's standard-bearer. But not to worry, assured FBI Director James Comey, who insisted there was no direct evidence that Clinton's server had been hacked by hostile actors - before adding it was possible that hostile actors "gained access" to Clinton's accounts. Clinton was equally adept at making semantical distinctions. "If you go by the evidence, there is no evidence that the system was breached or hacked successfully," Clinton said. "And I think that what's important here is follow the evidence. And there is no evidence. And that can't be said about a lot of other systems, including government systems.""
Paul Merrell

Hacker claims to have breached CIA director's personal email - 0 views

bigstory.ap.org/...d-cia-directors-personal-email

surveillance state CIA DHS email-hacks spying-on-spies

shared by Paul Merrell on 20 Oct 15 - No Cached
  • An anonymous hacker claims to have breached CIA Director John Brennan's personal email account and has posted documents online, including a list of email addresses purportedly from Brennan's contact file. The CIA said it referred the matter to the proper authorities, but would not comment further. The hacker spoke to the New York Post, which described him in an article published Sunday as "a stoner high school student," motivated by his opposition to U.S. foreign policy and support for Palestinians. His Twitter account, @phphax, includes links to files that he says are Brennan's contact list, a log of phone calls by then-CIA deputy director Avril Haines, and other documents.
  • The hacker also claimed to have breached a Comcast account belonging to Homeland Security Secretary Jeh Johnson, and released what appeared to be personal information. One document purporting to come from Brennan's AOL email account contains a spreadsheet of people, including senior intelligence officials, along with their Social Security numbers, although the hacker redacted the numbers in the version he posted on Twitter. It's unclear why Brennan would have stored such a document in his private email account. Based on the titles, the document appears to date from 2009 or before. When people visit the White House and other secure facilities, they are required to supply their Social Security numbers. Brennan could have been forwarding a list of invitees to the White House when he was President Barack Obama's counter terrorism adviser, the job he held before he became CIA director in 2013.
  • The hacker told the Post he had obtained a 47-page version of Brennan's application for a security clearance, known as an SF86. That document — millions of which were stolen from the federal personnel office last year by hackers linked to China — contains detailed information about past jobs, foreign contacts, finances and other sensitive personal details. No such document appears to be posted on the hacker's Twitter account, but it's not clear whether the hacker posted it elsewhere.
  • Paul Merrell on 20 Oct 15
     
    Got to love it. I can think of few people more deserving of getting their email accounts cracked.
Paul Merrell

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

www.mcclatchydc.com/...se-of-harsh-interrogation.html

war & peace torture CIA lies Senate-Intelligence_Committee-Report

shared by Paul Merrell on 14 Apr 14 - No Cached
  • A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.
  • The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.
  • Some of the report’s other conclusions, which were obtained by McClatchy, include:_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters._ The agency impeded effective White House oversight and decision-making regarding the program._ The CIA actively evaded or impeded congressional oversight of the program._ The agency hindered oversight of the program by its own Inspector General’s Office.
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  • The investigation determined that the program produced very little intelligence of value and that the CIA misled the Bush White House, the Congress and the public about the effectiveness of the interrogation techniques, committee members have said.The techniques included waterboarding, which produces a sensation of drowning, stress positions, sleep deprivation for up to 11 days at a time, confinement in a cramped box, slaps and slamming detainees into walls. The CIA held detainees in secret “black site” prisons overseas and abducted others who it turned over to foreign governments for interrogation.The CIA, which contends that it gained intelligence from the program that helped identify al Qaida terrorists and averted plots against the United States, agreed with some of the report’s findings but disputed other conclusions in an official response sent to the committee in June 2013.
  • Some current and former U.S. officials and military commanders, numerous experts and foreign governments have condemned the harsh interrogation methods as violations of international and U.S. laws against torture, a charge denied by the CIA and the Bush administration.They’ve based their defense on a series of top-secret legal opinions issued by the Justice Department beginning in August 2002. At that time, the agency sought advice on whether using the harsh techniques on Zayn al Abidin Muhammad Husayn, a close aide to Osama bin Laden who went by the nom de guerre Abu Zubaydah, would violate U.S. law against torture.The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.
  • “The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.Several human rights experts said the conclusion called into question the program’s legal foundations.“If the CIA fundamentally misrepresented what it was doing and that was what led (Justice Department) lawyers to conclude that the conduct was legal, then the legal conclusions themselves were inaccurate,” said Andrea Prasow, senior national security counsel for Human Rights Watch. “The lawyers making those assessments were relying on the facts that were laid before them.”“This just reinforces the view that everyone who has said the torture program was legal has been selling a bill of goods and it’s time to revisit the entire conventional wisdom being pushed by those who support enhanced interrogation that this program was safe, humane and lawful,” said Raha Wala, a lawyer with Human Rights First’s Law and Public Safety Program.
  • Among other findings, the report said that CIA personnel used interrogation methods that weren’t approved by the Justice Department or their headquarters.The conclusion that the CIA provided inaccurate information to the Justice Department reflects the findings of a top-secret investigation of the program by the CIA Inspector General’s Office that was triggered by allegations of abuse.The CIA inspector general’s May 7, 2004, report, which was declassified, found that in waterboarding Zubaydah and Khalid Sheikh Mohammad, deemed the chief architect of the 9/11 attacks, the CIA went beyond the parameters it outlined to the Justice Department’s Office of Legal Counsel, which wrote the legal opinions.Zubaydah was waterboarded 83 times, while Mohammad underwent the procedure 183 times.Those cases clashed with the CIA’s assertion _ outlined in the now-declassified top-secret August 2002 Office of Legal Counsel opinion _ that repetition of the methods “will not be substantial because the techniques generally lose their effectiveness after several repetitions.”
  • The Office of Legal Counsel opinion stated that its finding that the harsh interrogation techniques didn’t constitute torture was based on facts provided by the CIA, and that “if these facts were to change, this advice would not necessarily apply.”The CIA inspector general’s report found that the “continued applicability of the DOJ opinion” was in question because the CIA told the Justice Department that it would use waterboarding in the same way that it was used in training U.S. military personnel to evade capture and resist the enemy. In fact, the inspector general’s report continued, the CIA used waterboarding in a “manner different” from U.S. military training.The CIA also failed to keep track of the number of individuals it captured under the program, the Senate report concluded. Moreover, it said, the agency held people who didn’t meet the legal standard for detention. The report puts that number at 26, McClatchy has learned.
  • “The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained and held individuals who did not meet the legal standard for detention,” it found. “The CIA’s claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.”“The CIA’s records were hazy, inconsistent and at times inaccurate,” said the former U.S. official.
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

www2.gwu.edu/...20140324

surveillance state NSA Rosemary-Award Obama Clapper Alexander

shared by Paul Merrell on 24 Mar 14 - No Cached
  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
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  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
Paul Merrell

AP Interview: MSF says bombing of Afghan hospital no mistake - 0 views

bigstory.ap.org/...ing-afghan-hospital-no-mistake

war & peace Afghanistan Konduz hospitals war crimes U.S.-foreign-policy

shared by Paul Merrell on 20 Oct 15 - No Cached
  • The head of an international medical charity whose hospital in northern Afghanistan was destroyed in a U.S. airstrike says the "extensive, quite precise destruction" of the bombing raid casts doubt on American military assertions that it was a mistake. The Oct. 3 attack on the compound in Kunduz city, which killed at least 22 patients and hospital staff, should be investigated as a possible war crime, said Christopher Stokes, general director of Doctors Without Borders, which is also known by its French abbreviation MSF. The trauma hospital was bombed during a firefight between Taliban and government troops, as U.S. advisers were helping Afghan forces retake the city after the insurgents overran it and seized control on Sept. 28. Afghan authorities say they are now largely back in control of Kunduz.
  • According to Associated Press reporting, American special operations analysts were scrutinizing the Afghan hospital days before it was destroyed because they believed it was being used by a Pakistani operative to coordinate Taliban activity. The analysts knew it was a medical facility, according to a former intelligence official who is familiar with some of the documents describing the site. It's unclear whether that information ever got to commanders who unleashed the AC-130 gunship on the hospital. "The hospital was repeatedly hit both at the front and the rear and extensively destroyed and damaged, even though we have provided all the coordinates and all the right information to all the parties in the conflict," Stokes said, standing in the burned-out main hospital building. "The extensive, quite precise destruction of this hospital ... doesn't indicate a mistake. The hospital was repeatedly hit," Stokes said. The bombing went on for more than an hour, despite calls to Afghan, U.S. and NATO to call if off, MSF has said.
  • tokes, who has called for an independent inquiry into the incident, told The Associated Press in an interview in the remains of the hospital on Friday that MSF wanted a "clear explanation because all indications point to a grave breach of international humanitarian law, and therefore a war crime." Afghan authorities have refused to comment before investigations are complete. President Ashraf Ghani's deputy spokesman, Zafar Hashemi, told reporters on Saturday that the Afghan government has "faith" in investigations being conducted by the U.S. military, and by a joint Afghan-NATO team. MSF has denied there were any armed Taliban on the hospital grounds at the time of the attack. "The compound was not entered by Taliban soldiers with weapons," Stokes said. "What we have understood from our staff and guards is that there was very strong, very good control of what was happening in and around the compound and they reported no firing in the hours preceding the destruction of the hospital." More than 70 staff members were on duty, tending to more than 100 patients at the time, he said. According to its policy, MSF treats government troops and insurgent combatants equally. Hospitals are regarded as protected sites in war.
  • Paul Merrell on 20 Oct 15
     
    "During an attack the gunship performs a pylon turn, flying in a large circle around a target, allowing it to fire for far longer than conventional attack aircraft. The AC-130H Spectre was armed with two 20 mm M61 Vulcan cannons, one Bofors 40mm autocannon, and one 105 mm M102 cannon; after 1994 the 20 mm cannons were removed for most missions." https://en.wikipedia.org/wiki/Lockheed_AC-130  The 40 mm cannons are descendants of the WWII "ack-ack" anti-aircraft "pom-poms." It's projectile is substantially larger than the 30 mm cannon used by the U.S. Warthog close air support tank killer aircraft. The 105 mm cannon is howitzer class, also used as a field artillery weapon. I've seen these weapons platforms in use in Viet Nam. They rain devastation. 
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