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Paul Merrell

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

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

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
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  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
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    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
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    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

The 28 Pages and the War on Terror: Is Congress in a State of Willful Ignorance? | 28 P... - 0 views

  • Today more than ever, Americans are struggling to unravel the Gordian knot of overt and covert alliances that comprise the Middle East’s geostrategic landscape. As they do, politicians and pundits constantly remind them that reaching the correct conclusions about the region is imperative if we are to thwart the menace of terrorism and prevent the next 9/11.
  • As if a thicket of misinformation, hit-and-miss journalism and competing propaganda didn’t make the challenge daunting enough, the American people face an even more formidable barrier in their attempts to reach informed and rational conclusions about U.S. policy in the Middle East: the classification of a 28-page finding on foreign government support of the 9/11 hijackers—classification that continues over the objections of the chairman and vice-chairman of the 9/11 Commission and the former senator who co-chaired the inquiry that produced the 28 pages. Preventing a hypothetical “next 9/11″ starts with a clear understanding of what enabled the actual one—yet, even as the U.S. military prepares for the next chapter in the seemingly perpetual War on Terror, Americans continue to be denied critical knowledge about how the September 11 attacks were planned and funded. Reflecting on that disconnect, Kentucky Congressman Thomas Massie recently told Slate, “Until we know what enabled or caused 9/11, we shouldn’t be talking about starting a third war to prevent another 9/11.”
  • For everyday Americans, ignorance about what lies within the 28 pages is imposed; for apparently far too many in Congress, that ignorance is willful. You see—unlike the citizens they represent—when it comes to reading or not reading the 28 pages, legislators enjoy the luxury of a choice: After securing permission through their respective intelligence committee, representatives and senators can venture into a guarded, soundproof room at the Capitol and read the classified findings on foreign government assistance to the 9/11 hijackers in their entirety. Astonishingly—given what’s at stake for the country and for the lives of servicemembers and civilians alike—there are indications only a slim minority have bothered to do so. Rep. Walter Jones North Carolina’s Walter Jones is one congressman who did take the initiative to learn what lies in the 28 pages. Later, he said, “I was absolutely shocked by what I read. What was so surprising was that those whom we thought we could trust really disappointed me.” He added, “The information is critical to our foreign policy moving forward and should thus be available to the American people.”
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  • On January 8th of this year, by way of a “Dear Colleague” letter, Jones and Massachusetts Congressman Stephen Lynch urged every one of their fellow House representatives to read the 28 pages for themselves. Among those who heeded their call was Rep. Massie. At a March 11 press conference in which he joined Jones and Lynch in imploring peers to examine the redacted finding, Massie offered a striking description of his reaction to the revelations within the 28 pages, saying: “It was a really disturbing event for me to read those. I had to stop every two or three pages and rearrange my perception of history. And it’s that fundamental…it certainly changes your view of the Middle East.”
  • in what could well emerge as a national security scandal that engulfs much of Congress, there are indications that, when it comes to acquiring essential knowledge to shape policies that safeguard the country, a majority of legislators have thus far made a conscious decision to remain ignorant: As of this writing, 13 of the House’s 432 representatives have joined as cosponsors of a Jones-authored resolution urging the president to declassify the 28 pages. A source on the Hill who is familiar with the declassification effort is personally unaware of any representative who has read the 28 pages over the last several months who didn’t emerge from the experience as a supporter of declassification. When you overlay one of those observations on the other, the result points to a woefully low level of interest among the nation’s legislators in learning what “shocking,” “surprising” and “history-rearranging” facts are contained in the classified passage.
  • Those indications paint a bleak—albeit, tentative—portrait of Congressional diligence in overseeing national security policy. What’s needed now is a precise, name-by-name accounting of which representatives and senators have read the 28 pages and which have not. To that end, 28Pages.org urges constituents, journalists and transparency advocacy organizations to help bring accountability to this essential issue of national security job performance by contacting legislators and asking them two simple, yes-or-no questions: Have you read the 28 pages? If not, have you asked permission from your intelligence committee to do so? Shortly, 28Pages.org will announce its own contribution to this national exercise in Congressional accountability. However, a thorough accounting will only be achieved with the participation of citizens, journalists and transparency advocates. And with every House and 36 Senate seats up for election on Nov. 4, the faster the country collectively assembles a name-by-name roster of 28-pages readership on the Hill, the better position voters will be in to evaluate incumbents using this potent indicator of their attentiveness to matters of national security.
  • We provide a wealth of resources to help citizens do their part, and journalists are encouraged to contact us for insights on this issue.
Paul Merrell

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

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

Did Certain Foreign Governments Facilitate the 9/11 Attacks? by Justin Raimondo -- Anti... - 0 views

  • Some thirteen years after the event, the shadow of the 9/11 terrorist attacks on the World Trade Center in Manhattan and the Pentagon still darkens our world. The legacy of that terrible day has impacted not only our foreign policy, bequeathing to a new generation an apparently endless "war on terrorism," it also has led directly to what is arguably the most massive assault on our civil liberties since the Alien and Sedition Acts. Getting all the information about what happened that day – and why it happened – is key to understanding the course we have taken since. This was supposed to have been the purpose of the 9/11 Commission, whose massive report is now looked to as the primary source on the subject. Yet there is another, far more specific investigative report, the one issued by the intelligence committees of both houses of Congress, entitled "Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001." If you actually take the time to read the report, all goes along swimmingly (except for occasional redactions) until you get to p. 369, whereupon the text is blacked out for the next twenty-eight pages.
  • Some thirteen years after the event, the shadow of the 9/11 terrorist attacks on the World Trade Center in Manhattan and the Pentagon still darkens our world. The legacy of that terrible day has impacted not only our foreign policy, bequeathing to a new generation an apparently endless "war on terrorism," it also has led directly to what is arguably the most massive assault on our civil liberties since the Alien and Sedition Acts. Getting all the information about what happened that day – and why it happened – is key to understanding the course we have taken since. This was supposed to have been the purpose of the 9/11 Commission, whose massive report is now looked to as the primary source on the subject. Yet there is another, far more specific investigative report, the one issued by the intelligence committees of both houses of Congress, entitled "Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001." If you actually take the time to read the report, all goes along swimmingly (except for occasional redactions) until you get to p. 369, whereupon the text is blacked out for the next twenty-eight pages.
  • Do you get the impression someone has something to hide? The censored section is entitled "Finding, Discussion and Narrative Regarding Certain Sensitive National Security Matters," and the introduction – left largely intact – is instructive: "Through its investigation, the Joint Inquiry developed information suggesting specific sources of foreign support for some of the September 11 hijackers while they were in the United States. The Joint Inquiry’s review confirmed that the Intelligence Community also has information, much of which has yet to be independently verified, concerning these potential sources of support. In their testimony, neither CIA nor FBI officials were able to address definitively the extent of such support for the hijackers globally or within the United States or the extent to which such support, if it exists, is knowing or inadvertent in nature."
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  • What’s in the 28 censored pages of the Joint Inquiry into 9/11? We don’t know for sure – but if Israel is involved, then we do know why they won’t let us read those pages. Representatives Jones, Lynch, and Massie have sparked a movement to declassify the 28 pages: go here for more information. This is a fight we need to win – but we can only do it by raising a huge stink. Call or write your congressional representatives and urge them to join the three congressmen who are fighting for your right to know. And spread the word.
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    Eloquent essay on the 60 Israeli "students" swept up by the FBI right after 9/11 then as swiftly shuttled onto airliners bound for Israel. It's a plea for the declassification of the 28 pages censored from the public version of the Congressional Intelligence Committees joint report on "Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001." The essay's theme is wrapped around the preface to the censored pages mention of plural "sources of foreign support for some of the September 11 hijackers[.]" And it uses reported information about the  60 "students" and some statements by members of Congress who have read the 28 pages to argue there is a strong whiff that Israel was one of those plural sources of support. But the essay otherwise does not address the large mound of circumstantial evidence of Israel's involvement. I've got a lot of notes and links on that issue, so may blog about that later.
Paul Merrell

Newly declassified documents reveal how U.S. agreed to Israel's nuclear program - Diplo... - 0 views

  • The Obama administration this week declassified papers, after 45 years of top-secret status, documenting contacts between Jerusalem and Washington over American agreement to the existence of an Israeli nuclear option. The Interagency Security Classification Appeals Panel (ISCAP), which is in charge of approving declassification, had for decades consistently refused to declassify these secrets of the Israeli nuclear program. The documents outline how the American administration worked ahead of the meeting between President Richard Nixon and Prime Minister Golda Meir at the White House in September 1969, as officials came to terms with a three-part Israeli refusal – to sign the Non-Proliferation Treaty; to agree to American inspection of the Dimona nuclear facility; and to condition delivery of fighter jets on Israel’s agreement to give up nuclear weaponry in exchange for strategic ground-to-ground Jericho missiles “capable of reaching the Arab capitals” although “not all the Arab capitals.”
  • The officials – cabinet secretaries and senior advisers who wrote the documents – withdrew step after step from an ambitious plan to block Israeli nuclearization, until they finally acceded, in internal correspondence – the content of the conversation between Nixon and Meir is still classified – to recognition of Israel as a threshold nuclear state. In fact, according to the American documents, the Nixon administration defined a double threshold for Israel’s move from a “technical option” to a “possessor” of nuclear weapons. The first threshold was the possession of “the components of nuclear weapons that will explode,” and making them a part of the Israel Defense Forces operational inventory.
  • The second threshold was public confirmation of suspicions internationally, and in Arab countries in particular, of the existence of nuclear weapons in Israel, by means of testing and “making public the fact of the possession of nuclear weapons.” Officials under Nixon proposed to him, on the eve of his conversation with Meir, to show restraint with regard to the Israeli nuclear program, and to abandon efforts to get Israel to cease acquiring 500-kilometer-range missiles with one-ton warheads developed in the Marcel Dassault factory in France, if it could reach an agreement with Israel on these points.
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  • The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both “explicit and implicit” that “Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.”
  • According to the documents, the Nixon administration believed that Israel’s acquisition of nuclear weapons would spur the Arab countries to acquire their own such weapons within 10 years, through private contracts with scientists and engineers in Europe. Moreover, “deeply rooted in the Arab psyche is the concept that a settlement will be possible only when there is some parity in strength with Israel. A ‘kamikaze’ strike at the Dimona facilities cannot be ruled out,” the document states.
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    "The Johnson and Nixon administrations concluded that, in talks with Rabin, it had been stated in a manner both 'explicit and implicit' that 'Israel wants nuclear weapons, for two reasons: First, to deter the Arabs from striking Israel; and second, if deterrence fails and Israel were about to be overrun, to destroy the Arabs in a nuclear Armageddon.'" Which just goes to show that Israel's leadership was very bit as looney-tunes as the U.S. leadership was with its "MAD" Mutually Assured Destruction strategy. What is there about democracy that permits psychopaths to acquire the power they so insanely crave? Humanity would have far better odds of surviving the next 100 years if all members of Congress now chosen by voting were instead chosen from the general population at random and limited to a single term. Then let Congress choose the President and Vice President from five people also randomly chosen. That would also result in a Congress far more representative of the People's interests. Anyone with a rudimentary understanding of Statistics could prove that mathematically. To boot, that would take care of the campaign finance issues, since there wouldn't be any elections for federal office. Give me 24 hours notice and I'll have the necessary constitutional amendments written. Let's call them the No More Lunatics Running This Asylum Amendments. Or with a bit more thought we could have a name with an acronym that's more descriptive, something like the SANE Amendments. Let's see: the Save America from Nutjobs Evermore Amendments, or ....   Never mind for now. You do the political organizing to get the Amendments adopted and let me know when. I'll crank out the wordsmith work product for the Amendments.  Sheesh! As I've said for years, if it be true that Man was was created in the image of the Creator, that is irrefutable proof that the Creator is as dumb as a doornail and insane to boot. "[I]t it is not really possible to deter Arab leaders when they themse
Paul Merrell

BRAZIL: TORTURE TECHNIQUES REVEALED IN DECLASSIFIED U.S. DOCUMENTS - 0 views

  • The Brazilian military regime employed a "sophisticated and elaborate psychophysical duress system" to "intimidate and terrify" suspected leftist militants in the early 1970s, according to a State Department report dated in April 1973 and made public last week. Among the torture techniques used during the military era, the report detailed "special effects" rooms at Brazilian military detention centers in which suspects would be "placed nude" on a metal floor "through which electric current is pulsated." Some suspects were "eliminated" but the press was told they died in "shoot outs" while trying to escape police custody. "The shoot-out technique is being used increasingly," the cable sent by the U.S. Consul General in Rio de Janeiro noted, "in order to deal with the public relations aspect of eliminating subversives," and to "obviate 'death-by-torture' charges in the international press."
  • Peter Kornbluh who directs the National Security Archive's Brazil Documentation Project called the document "one of the most detailed reports on torture techniques ever declassified by the U.S. government." Titled "Widespread Arrests and Psychophysical Interrogation of Suspected Subversives," the document was among 43 State Department cables and reports that Vice President Joseph Biden turned over on June 17 to President Dilma Rousseff during his trip to Brazil for the World Cup competition for use by the Brazilian Truth Commission. The Commission is in the final phase of a two-year investigation of human rights atrocities during the military dictatorship which lasted from 1964 to 1985. On July 2, the Commission posted all 43 documents on its website, accompanied by this statement: "The CNV greatly appreciates the initiative of the U.S. government to make these records available to Brazilian society and hopes that this collaboration will continue to progress." The records range in date from 1967 to 1977. They report on a wide range of human rights-related issues, among them: secret torture detention centers in Sao Paulo, the military's counter-subversion operations, attitudes of the Church on human rights violations, and the regime's hostile reaction in 1977 to the first State Department human rights report on abuses. Some of the documents had been previously declassified under routine release procedures; others, including the April 1973 report on psychophysical torture, were reviewed for declassification as recently as June 5, 2014, in preparation for Biden's trip.
  • During his meeting with President Rousseff, Biden announced that the Obama administration would undertake a broader review of still highly classified U.S. records on Brazil, among them CIA and Defense Department documents, to assist the Commission in finalizing its report. "I hope that in taking steps to come to grips with our past we can find a way to focus on the immense promise of the future," he noted. Since the inception of the Truth Commission in May 2012, the National Security Archive has been assisting the Commissioners in obtaining U.S. records for their investigation, and pressing the Obama administration to fulfill its commitment to a new standard of global transparency and the right-to-know by conducting a special, Brazil declassification project on the military era. "Advancing truth, justice and openness is precisely the way these classified U.S. historical records should be used," according to Kornbluh. "Biden's declassified diplomacy will not only assist the Truth Commission in shedding light on the dark past of Brazil's military era, but also create a foundation for a better and more transparent future in U.S.-Brazilian relations." To call attention to the records and the Truth Commission's work, the Archive is highlighting five key documents from Biden's timely donation.
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    Unmentioned in this article is the U.S. role in instigating a wave of takeovers of Latin American nations by military juntas, including funding, training in torture, operation of "death squads" and the execution of tens of thousands of left-leaning Latin Americans. For a quick and grossly understated  overview, see https://en.wikipedia.org/wiki/Operation_Condor
Paul Merrell

Security fears loom over CIA report | TheHill - 0 views

  • Security concerns are complicating the release of a controversial report on “enhanced interrogations techniques,” with officials fearing the document could inflame the Arab Street and put Americans in danger.The White House and the CIA are working on final redactions to a 481-page executive summary of the investigation, which was conducted by Democrats on the Senate Intelligence Committee but boycotted by Republicans, who dispute its findings.ADVERTISEMENTA congressional staffer said the report wouldn’t be ready for a “couple of weeks,” while the CIA said the declassification process should be finished by August 29th. 
  • In a June 20 court document, the CIA said it would need time before the report is released for the “implementation of security measures to ensure the safety of U.S. personnel and facilities overseas.” The White House said it is looking to get the report out as “expeditiously as possible” but would be assessing the security situation.
  • The State Department reportedly warned the White House last year that the release of the report could strain diplomatic relations and put lives at risk. State was particularly fearful that the committee would expose which countries hosted the secret “black sites” where the CIA took prisoners for interrogations, according to The Daily Beast.
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  • Not everyone is convinced that the report will pose a security threat.Reuel Marc Gerecht, a former CIA case officer who supports aggressive interrogations, said warnings about violent protests overseas are "make-believe." "Given the Middle east is cracking up, this [report] will not even measure on the Richter scale," he said. 
Paul Merrell

WASHINGTON: Citing redactions, Feinstein delays release of report on CIA interrogations... - 0 views

  • The Obama administration censored significant portions of the findings of an investigation into the CIA’s use of harsh interrogation methods on suspected terrorists, forcing the chairwoman of the Senate Intelligence Committee to delay their release “until further notice.”The postponement late Friday added to serious frictions over the investigation between the administration and lawmakers, who have been pressing for the swiftest, most extensive publication of the findings on one of darkest chapters in the CIA’s 65-year history.Feinstein announced the delay only hours after the White House returned the document to her after it completed its declassification review
  • “A preliminary review of the report indicates that there have been significant redactions. We need additional time to understand the basis for these redactions and determine their justification,” Sen. Dianne Feinstein, D-Calif., said in a statement.Sen. Mark Udall, D-Colo., a member of the committee who’s been fiercely critical of the CIA interrogation program, also decried the blackouts, saying President Barack Obama had pledged to ensure a release of the findings.“I am concerned about the excessive redactions Chairman Feinstein referenced in her statement, especially given the president’s unequivocal commitment to declassifying the Senate Intelligence Committee’s study,” Udall said. “I promised earlier this year to hold the president to his word and I intend to do so.”Udall vowed to work with Feinstein to declassify the findings “to the fullest extent possible, correct the record on the CIA’s brutal and ineffective detention and interrogation program, and ensure the CIA learns from its past mistakes.”
  • Reacting to Feinstein’s announcement, Director of National Intelligence James Clapper said that more than 85 percent of the report had been declassified and half of the redactions were in footnotes. “The redactions were the result of an extensive and unprecedented inter-agency process, headed up by my office, to protect sensitive classified information,” Clapper said in a statement. “We are confident that the declassified document delivered to the committee will provide the public with a full view of the committee’s report on the detention and interrogation program, and we look forward to a constructive dialogue with the committee.”
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    The Great CIA Torture Cover-up Continues, now in its 12th year. And even the summary of the Senate report, sanitized by the Senate Intelligence Committee for complete public release, now gets axed by CIA. Our great-great-grandchildren might even get to read the full report, long after everyone involved in these war crimes has died.  
Paul Merrell

Letter from Retired Military Leaders to President Obama on CIA and the Release of the T... - 0 views

  • On your second day in office, you led the country forward by issuing executive orders banning torture and other forms of abusive interrogation. Many of us were in the Oval Office that day, proud to stand behind you as you signaled an end to the misguided policies of the post-9/11 period. As retired generals and admirals, we have worked since that day to build a stronger, more durable consensus against torture in our country so that, at a future moment when our nation is tested, the American people will reject calls to resort to such abuses. We welcomed your public support for declassification of the Senate Select Intelligence Committee’s study on the CIA’s rendition, detention, and interrogation program. We believe that the American people must understand fully what the program entailed, how it came to be, and what was gained—and lost— because of it. We write to you today because we believe your strong record against torture is being undermined by members of your own administration. In part because there has been so little transparency about the torture program, some former government officials continue to claim that so-called “enhanced” interrogation techniques were necessary to disrupt terrorist plots and save lives. Now one of the key proponents of this false narrative that “torture works,” the former CIA director George Tenet, is reportedly coordinating with the current leadership of the CIA to discredit the Senate intelligence committee’s report. CIA Director John Brennan recently told the Wall Street Journal that he plans to "take issue” with parts of the report that he “believe[s] are inaccurate or misleading."
  • It is understandable that current and former employees of the CIA feel protective of the agency’s reputation and embarrassed by what the Senate study contains. The U.S. military’s examination of torture in its ranks after the Abu Ghraib scandal was painful; it was also necessary to the health of the institution. The stakes are too high to allow the intelligence community to circle the wagons and launch a concerted campaign to undermine the report’s credibility. Ultimately, an American public that understands the high costs of torture is the best guarantee against a future president rescinding your executive order and treating torture as a viable policy option. There is no substitute for leadership from the top on an issue like this. You have set the direction for your administration that torture is unacceptable. But for that leadership to have a lasting impact on the direction of our country, beyond your administration, you must act to ensure that Americans learn the right lessons from our past. We urge you to make clear in no uncertain terms that you expect CIA Director John Brennan to support an expansive declassification of the report and an honest reckoning with its findings.
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    Signed by a whole bunch of retired generals and admirals. 
Paul Merrell

Video: CIA Veteran Ray McGovern on the 28 Pages and HRes 428 | 28Pages.org - 0 views

  • At a November 22 speaking engagement hosted by the Schiller Institute in New York City, former CIA analyst Ray McGovern endorsed House Resolution 428 and discussed the secret, 28-page finding on foreign government involvement in the 9/11 attacks. In remarks spanning more than 20 minutes, McGovern—who helped launch Veteran Intelligence Professionals for Sanity (VIPS)—puts the 28 pages in the context of the intelligence community’s advance awareness of the presence of 9/11 hijackers and its withholding of that knowledge from the FBI. He also shares interesting insights into the constraints placed on both the joint House/Senate intelligence inquiry that produced the 28 pages and the 9/11 Commission as well.
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    Ray McGovern riffs on the still-classifed 28 pages missing from the House/Senate 9-11 Report. He sees their declassification and publication as key to learning what really happened on 9-11 and preventing another such occurrence by holding those in government who failed to account.
Paul Merrell

CIA Will Place Its CREST Database Online | - 0 views

  • The Central Intelligence Agency said this week that it will post its database of declassified CIA documents online, making them broadly accessible to all interested users. The database, known as CREST (for CIA Records Search Tool), contains more than 11 million pages of historical Agency records that have already been declassified and approved for public release. Currently, however, CREST can only be accessed through computer terminals at the National Archives in College Park, MD. This geographic restriction on availability has been a source of frustration and bafflement to researchers ever since the digital collection was established in 2000. (See CIA’s CREST Leaves Cavity in Public Domain, Secrecy News, April 6, 2009; Inside the CIA’s (Sort of) Secret Document Stash, Mother Jones, April 3, 2009). But that is finally going to change. The entire contents of the CREST system will be transferred to the CIA website, said CIA spokesperson Ryan Trapani on Tuesday. “When loaded on the website they will be full-text searchable and have the same features currently available on the CREST system at NARA,” he said. CIA was not able to provide a date for completion of the transfer, but “we are moving out on the plan to make the transition,” Mr. Trapani said. In the meantime, “The CREST database housed at NARA will remain up and running at least until the website is fully functioning,” he said.
Paul Merrell

Disclosure of FISA Court Opinions: Legal Issues (CRS) - Secrecy News - 0 views

  • Could Congress legally compel the executive branch to disclose classified opinions of the Foreign Intelligence Surveillance Court?  Maybe not, a new analysis from the Congressional Research Service concludes. The CRS report — entitled “Disclosure of FISA Court Opinions: Select Legal Issues” — has little to do with FISA Court opinions in particular. It is an analysis of the overlapping authorities of the three branches of government to classify or disclose national security information. “The central issue is the extent to which Congress may regulate control over access to national security information, including mandating that the executive branch disclose specific materials — a question not definitively resolved by the courts,” the report says. This is not a new question, but it is usefully reviewed and summarized by the CRS report.
  • The issue arises because “The executive branch has argued that the Commander-in-Chief clause bestows the President with independent power to control access to national security information. As such, according to this line of reasoning, Congress’s generally broad ability to require disclosure of agency documents may be constrained when it implicates national security.” Although no statute regulating classification has ever been ruled unconstitutional, “Congress’s power to compel the release of information held by the executive branch might have limits,” CRS said. “There may be a limited sphere of information that courts will protect from public disclosure,” just as they have exempted properly classified information in FOIA cases, and state secrets in other cases.
  • The new CRS report has a couple of other noteworthy omissions. It does not mention the authority claimed by the congressional intelligence committees to publicly disclose classified information without executive branch approval. (See Section 8 of Senate Resolution 400 of the 94th Congress, 1976.)  Though this authority has never yet been exercised, it remains available in principle. The report also does not mention some recent instances when Congress has successfully compelled executive branch declassification while also navigating around potential constitutional obstacles.
Paul Merrell

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

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

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

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

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

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

U.S. reasserts need to keep domestic surveillance secret - The Washington Post - 0 views

  • The Obama administration Friday reasserted its claim of ­state-secrets privilege to try to block a court from ruling on the constitutionality of the National Security Agency’s interception of e-mails and phone calls on U.S. soil without a warrant. The reassertion of the privilege in two long-running lawsuits comes despite recent disclosures about the NSA’s programs and as President Obama is considering curbs to the NSA’s programs based on recommendations by a review panel he appointed.
  • The Obama administration Friday reasserted its claim of ­state-secrets privilege to try to block a court from ruling on the constitutionality of the National Security Agency’s interception of e-mails and phone calls on U.S. soil without a warrant. The reassertion of the privilege in two long-running lawsuits comes despite recent disclosures about the NSA’s programs and as President Obama is considering curbs to the NSA’s programs based on recommendations by a review panel he appointed.
  • “In my judgment, disclosure of still-classified details regarding these intelligence-gathering activities, either directly or indirectly, would seriously compromise, if not destroy, important and vital ongoing intelligence operations,” Director of National Intelligence James R. Clapper said in a declaration filed in U.S. District Court in Northern California on Friday.In court filings, the government also acknowledged for the first time that sweeping collections of Americans’ phone and Internet metadata began under the Bush administration, in concert with a program of intercepting phone and e-mail content without warrants — programs that operated for years solely under executive power before being brought under court and congressional oversight. Clapper said in his declaration that President George W. Bush authorized the collection efforts on Oct. 4, 2001, after the Sept. 11 terrorist attacks.
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  • Jewel is suing on behalf of all AT&T customers, and Shubert is suing on behalf of all Americans.
  • At issue is the NSA’s program to intercept phone and e-mail communications without a warrant, which was placed under court supervision in 2007 and then authorized by Congress in 2007 and 2008. Jewel also is challenging the agency’s collection of Americans’ phone metadata, or call logs that include numbers dialed and call lengths and times. That program was placed under court supervision in 2006 on the basis of a statute that has been reauthorized several times since then. Its existence was revealed in June following a leak by former NSA contractor Edward Snowden. The government has already suffered a setback in the case. U.S. District Judge Jeffrey S. White in July ruled that the government could not assert a state-secrets privilege when the underlying law, the Foreign Intelligence Surveillance Act, offers a process to hear classified evidence in closed chambers.
  • The declassification of the Bush administration’s authorization of the programs came in response to White’s order to the government to review declarations filed in the case. The judge wanted to see what could be declassified in light of Snowden’s revelations as well as subsequent disclosures made by the government. The government also declassified eight other declarations filed in the litigation by senior intelligence officials alleging national security would be harmed by disclosing program information.
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    Ooh. Reasserting the State Secrets privilege when Congress has already waived it and the judge has already ruled that it doesn't apply. That's the U.S. Justice Department in action. No argument to frivolous to raise.
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    Also deserving of notice: The Feds had the right to take an immediate appeal from the judge's order to declassify but chose not to do so. Also, the finding that the State Secrets privilege did not apply was limited to the FISA section 215 bulk metadata collection. It's still in play for the search of communication content. Perhaps the "reassertion" was not a reassertion but an assertion involving another class of records.
Paul Merrell

US criticised by UN for human rights failings on NSA, guns and drones | World news | th... - 0 views

  • The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.
  • But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.
  • This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”
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  • Among the other issues that came under the committee’s withering gaze were:· the proliferation of stand-your-ground gun laws· enduring racial disparities in the justice system, including large numbers of black prisoners serving longer sentences than whites;· mistreatment of mentally-ill and juvenile prisoners;· segregation in schools;· high levels of homelessness and criminalization of homeless people;· racial profiling by police, including the mass surveillance of Muslim communities by the New York police department.
Paul Merrell

Exclusive: US blocks publication of Chilcot's report on how Britain went to war with Ir... - 0 views

  • Washington is playing the lead role in delaying the publication of the long-awaited report into how Britain went to  war with Iraq, The Independent has learnt. Although the Cabinet Office has been under fire for stalling the progress of the four-year Iraq Inquiry by Sir John Chilcot, senior diplomatic sources in the US and Whitehall indicated that it is officials in the White House and the US Department of State who have refused to sanction any declassification of critical pre- and post-war communications between George W Bush and Tony Blair.Without permission from the US government, David Cameron faces the politically embarrassing situation of having to block evidence, on Washington’s orders, from being included in the report of an expensive and lengthy British inquiry.Earlier this year, The Independent revealed that early drafts of the report challenged the official version of events leading up to the Iraq war, which saw Mr Blair send in 45,000 troops to overthrow Saddam Hussein’s regime.
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    According to The Independent, John Kerry's State Department is busily stifling the report of the U.K.'s four-year Iraq Inquiry into how the U.K. was drawn into the Iraq War, on secrecy grounds. Obama's campaign promise to have the most transparent U.S. administration in history is long forgotten. Government secrecy trumps any investigation into war crimes by prior presidents, even though the U.S. agreed by treaty to investigate and prosecute all war crimes committed by U.S. officials.  Not only that, the Obama Administration now includes a criminal conspiracy to suppress evidence of the commission of war crimes.
Paul Merrell

"Disreputable if Not Outright Illegal": The National Security Agency versus Martin Luth... - 0 views

  • Washington, D.C., September 25, 2013 – During the height of the Vietnam War protest movements in the late 1960s and early 1970s, the National Security Agency tapped the overseas communications of selected prominent Americans, most of whom were critics of the war, according to a recently declassified NSA history. For years those names on the NSA's watch list were secret, but thanks to the decision of an interagency panel, in response to an appeal by the National Security Archive, the NSA has released them for the first time. The names of the NSA's targets are eye-popping. Civil rights leaders Dr. Martin Luther King and Whitney Young were on the watch list, as were the boxer Muhammad Ali, New York Times journalist Tom Wicker, and veteran Washington Post humor columnist Art Buchwald. Also startling is that the NSA was tasked with monitoring the overseas telephone calls and cable traffic of two prominent members of Congress, Senators Frank Church (D-Idaho) and Howard Baker (R-Tennessee). The NSA history, American Cryptology during the Cold War, is a multi-volume study that covers the intersection of secret communications intelligence with Cold War history. The National Security Archive filed the initial mandatory declassification review request for the histories in 2006. The next year, when the NSA denied significant information from the histories the Archive filed an appeal. The Agency declassified more information in 2008 and the Archive posted the first three volumes on its Web site in 2008, with commentary by Matthew Aid. The NSA had denied so much, however, that the Archive filed a final appeal with the Interagency Security Classification Appeals Panel (ISCAP) that same year. Book I remains under appeal. Five years after the Archive's appeal, the ISCAP has compelled the NSA to release more information from Books II and III.
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    Much more on the linked site, including the declassified documents themselves. 
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