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Paul Merrell

Running for Cover: A Sham Air Force Summit Can't Fix the Close Air Support Gap Created ... - 0 views

  • “I can’t wait to be relieved of the burdens of close air support,” Major General James Post, the vice commander of Air Combat Command (ACC), allegedly told a collection of officers at a training session in August 2014. As with his now notorious warning that service members would be committing treason if they communicated with Congress about the successes of the A-10, Major General Post seems to speak for the id of Air Force headquarters’ true hostility towards the close air support (CAS) mission. Air Force four-stars are working hard to deny this hostility to the public and Congress, but their abhorrence of the mission has been demonstrated through 70 years of Air Force headquarters’ budget decisions and combat actions that have consistently short-changed close air support. For the third year in a row (many have already forgotten the attempt to retire 102 jets in the Air Force’s FY 2013 proposal), the Air Force has proposed retiring some or all of the A-10s, ostensibly to save money in order to pay for “modernization.” After failing to convince Congress to implement their plan last year (except for a last minute partial capitulation by retiring Senate and House Armed Services Committee chairmen Senator Carl Levin (D-MI) and Representative Buck McKeon (R-CA)) and encountering uncompromising pushback this year, Air Force headquarters has renewed its campaign with more dirty tricks.
  • First, Air Force headquarters tried to fight back against congressional skepticism by releasing cherry-picked data purporting to show that the A-10 kills more friendlies and civilians than any other U.S. Air Force plane, even though it actually has one of the lowest fratricide and civilian casualty rates. With those cooked statistics debunked and rejected by Senate Armed Services Chairman Senator John McCain (R-AZ), Air Force headquarters hastily assembled a joint CAS “Summit” to try to justify dumping the A-10. Notes and documents from the Summit meetings, now widely available throughout the Air Force and shared with the Project On Government Oversight’s Center for Defense Information (CDI), reveal that the recommendations of the Summit working groups were altered by senior Air Force leaders to quash any joint service or congressional concerns about the coming gaps in CAS capabilities. Air Force headquarters needed this whitewash to pursue, yet again, its anti-A-10 crusade without congressional or internal-Pentagon opposition.
  • The current A-10 divestment campaign, led by Air Force Chief of Staff Mark Welsh, is only one in a long chain of Air Force headquarters’ attempts by bomber-minded Air Force generals to get rid of the A-10 and the CAS mission. The efforts goes as far back as when the A-10 concept was being designed in the Pentagon, following the unfortunate, bloody lessons learned from the Vietnam War. For example, there was a failed attempt in late-1980s to kill off the A-10 by proposing to replace it with a supposedly CAS-capable version of the F-16 (the A-16). Air Force headquarters tried to keep the A-10s out of the first Gulf War in 1990, except for contingencies. A token number was eventually brought in at the insistence of the theater commander, and the A-10 so vastly outperformed the A-16s that the entire A-16 effort was dismantled. As a reward for these A-10 combat successes, Air Force headquarters tried to starve the program by refusing to give the A-10 any funds for major modifications or programmed depot maintenance during the 1990s. After additional combat successes in the Iraq War, the Air Force then attempted to unload the A-10 fleet in 2004.
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  • To ground troops and the pilots who perform the mission, the A-10 and the CAS mission are essential and crucial components of American airpower. The A-10 saves so many troop lives because it is the only platform with the unique capabilities necessary for effective CAS: highly maneuverable at low speeds, unmatched survivability under ground fire, a longer loiter time, able to fly more sorties per day that last longer, and more lethal cannon passes than any other fighter. These capabilities make the A-10 particularly superior in getting in close enough to support our troops fighting in narrow valleys, under bad weather, toe-to-toe with close-in enemies, and/or facing fast-moving targets. For these reasons, Army Chief of Staff General Ray Odierno has called the A-10 “the best close air support aircraft.” Other Air Force platforms can perform parts of the mission, though not as well; and none can do all of it. Senator Kelly Ayotte (R-NH) echoed the troops’ combat experience in a recent Senate Armed Services committee hearing: “It's ugly, it's loud, but when it comes in…it just makes a difference.”
  • In 2014, Congress was well on the way to roundly rejecting the Air Force headquarters’ efforts to retire the entire fleet of 350 A-10s. It was a strong, bipartisan demonstration of support for the CAS platform in all four of Congress’s annual defense bills. But in the final days of the 113th Congress, a “compromise” heavily pushed by the Air Force was tucked into the National Defense Authorization Act for FY 2015. The “compromise” allowed the Air Force to move A-10s into virtually retired “backup status” as long as the Cost Assessment and Program Evaluation (CAPE) office in DoD certified that the measure was the only option available to protect readiness. CAPE, now led by former Assistant Secretary of the Air Force for Financial Management and Comptroller Jamie Morin, duly issued that assessment—though in classified form, thus making it unavailable to the public. In one of his final acts as Secretary of Defense, Chuck Hagel then approved moving 18 A-10s to backup status.
  • The Air Force intends to replace the A-10 with the F-35. But despite spending nearly $100 billion and 14 years in development, the plane is still a minimum of six years away from being certified ready for any real—but still extremely limited—form of CAS combat. The A-10, on the other hand, is continuing to perform daily with striking effectiveness in Afghanistan, Iraq, and Syria—at the insistence of the CENTCOM commander and despite previous false claims from the Air Force that A-10s can’t be sent to Syria. A-10s have also recently been sent to Europe to be available for contingencies in Ukraine—at the insistence of the EUCOM Commander. These demands from active theaters are embarrassing and compelling counterarguments to the Air Force’s plea that the Warthog is no longer relevant or capable and needs to be unloaded to help pay for the new, expensive, more high-tech planes that Air Force headquarters vastly prefers even though the planes are underperforming.
  • So far, Congress has not been any more sympathetic to this year’s continuation of General Welsh’s campaign to retire the A-10. Chairman McCain rejected the Air Force’s contention that the F-35 was ready enough to be a real replacement for the A-10 and vowed to reverse the A-10 retirement process already underway. Senator Ayotte led a letter to Defense Secretary Ashton Carter with Senators Tom Cotton (R-AR), Lindsey Graham (R-SC), Thom Tillis (R-NC), Roger Wicker (R-MS), Mike Crapo (R-ID), Johnny Isakson (R-GA), and Richard Burr (R-NC) rebuking Hagel’s decision to place 18 A-10s in backup inventory. Specifically, the Senators called the decision a “back-door” divestment approved by a “disappointing rubber stamp” that guts “the readiness of our nation’s best close air support aircraft.” In the House, Representative Martha McSally (R-AZ) wrote to Secretary Carter stating that she knew from her own experience as a former A-10 pilot and 354th Fighter Squadron commander that the A-10 is uniquely capable for combat search and rescue missions, in addition to CAS, and that the retirement of the A-10 through a classified assessment violated the intent of Congress’s compromise with the Air Force:
  • Some in the press have been similarly skeptical of the Air Force’s intentions, saying that the plan “doesn’t add up,” and more colorfully, calling it “total bullshit and both the American taxpayer and those who bravely fight our wars on the ground should be furious.” Those reports similarly cite the Air Force’s longstanding antagonism to the CAS mission as the chief motive for the A-10’s retirement.
  • By announcing that pilots who spoke to Congress about the A-10 were “committing treason,” ACC Vice Commander Major General James Post sparked an Inspector General investigation and calls for his resignation from POGO and other whistleblower and taxpayer groups. That public relations debacle made it clear that the Air Force needed a new campaign strategy to support its faltering A-10 divestment campaign. On the orders of Air Force Chief of Staff General Mark Welsh, General Herbert “Hawk” Carlisle—the head of Air Combat Command—promptly announced a joint CAS Summit, allegedly to determine the future of CAS. It was not the first CAS Summit to be held (the most recent previous Summit was held in 2009), but it was the first to receive so much fanfare. As advertised, the purpose of the Summit was to determine and then mitigate any upcoming risks and gaps in CAS mission capabilities. But notes, documents, and annotated briefing slides reviewed by CDI reveal that what the Air Force publicly released from the Summit is nothing more than a white-washed assessment of the true and substantial operational risks of retiring the A-10.
  • Just prior to the Summit, a working group of approximately 40 people, including CAS-experienced Air Force service members, met for three days at Davis-Monthan Air Force Base to identify potential risks and shortfalls in CAS capabilities. But Air Force headquarters gave them two highly restrictive ground rules: first, assume the A-10s are completely divested, with no partial divestments to be considered; and second, assume the F-35 is fully CAS capable by 2021 (an ambitious assumption at best). The working groups included A-10 pilots, F-16 pilots, and Joint Terminal Attack Controllers (JTACs), all with combat-based knowledge of the CAS platforms and their shortfalls and risks. They summarized their findings with slides stating that the divestment would “cause significant CAS capability and capacity gaps for 10 to 12 years,” create training shortfalls, increase costs per flying hour, and sideline over 200 CAS-experienced pilots due to lack of cockpits for them. Additionally, they found that after the retirement of the A-10 there would be “very limited” CAS capability at low altitudes and in poor weather, “very limited” armor killing capability, and “very limited” ability to operate in the GPS-denied environment that most experts expect when fighting technically competent enemies with jamming technology, an environment that deprives the non-A-10 platforms of their most important CAS-guided munition. They also concluded that even the best mitigation plans they were recommending would not be sufficient to overcome these problems and that significant life-threatening shortfalls would remain.
  • General Carlisle was briefed at Davis-Monthan on these incurable risks and gaps that A-10 divestment would cause. Workshop attendees noted that he understood gaps in capability created by retiring the A-10 could not be solved with the options currently in place. General Carlisle was also briefed on the results of the second task to develop a list of requirements and capabilities for a new A-X CAS aircraft that could succeed the A-10. “These requirements look a lot like the A-10, what are we doing here?” he asked. The slides describing the new A-X requirements disappeared from subsequent Pentagon Summit presentations and were never mentioned in any of the press releases describing the summit.
  • At the four-day Pentagon Summit the next week, the Commander of the 355th Fighter Wing, Davis-Monthan Air Force Base, Col. James P. Meger, briefed lower level joint representatives from the Army and the Marine Corps about the risks identified by the group at Davis-Monthan. Included in the briefing was the prediction that divestment of the A-10 would result in “significant capability and capacity gaps for the next ten to twelve years” that would require maintaining legacy aircraft until the F-35A was fully operational. After the presentation, an Army civilian representative became concerned. The slides, he told Col. Meger, suggested that the operational dangers of divestment of the A-10 were much greater than had been previously portrayed by the Air Force. Col. Meger attempted to reassure the civilian that the mitigation plan would eliminate the risks. Following the briefing, Col. Meger met with Lt. Gen. Tod D. Wolters, the Deputy Chief of Staff for Operations for Air Force Headquarters. Notably, the Summit Slide presentation for general officers the next day stripped away any mention of A-10 divestment creating significant capability gaps. Any mention of the need to maintain legacy aircraft, including the A-10, until the F-35A reached full operating capability (FOC) was also removed from the presentation.
  • The next day, Col. Meger delivered the new, sanitized presentation to the Air Force Chief of Staff. There was only muted mention of the risks presented by divestment. There was no mention of the 10- to 12-year estimated capability gap, nor was there any mention whatsoever of the need to maintain legacy aircraft—such as the A-10 or less capable alternatives like the F-16 or F-15E—until the F-35A reached FOC. Other important areas of concern to working group members, but impossible to adequately address within the three days at Davis-Monthan, were the additional costs to convert squadrons from the A-10 to another platform, inevitable training shortfalls that would be created, and how the deployment tempos of ongoing operations would further exacerbate near-term gaps in CAS capability. To our knowledge, none of these concerns surfaced during any part of the Pentagon summit.
  • Inevitably, the Air Force generals leading the ongoing CAS Summit media blitz will point congressional Armed Services and Appropriations committees to the whitewashed results of their sham summit. When they do, Senators and Representatives who care about the lives of American troops in combat need to ask the generals the following questions: Why wasn’t this summit held before the Air Force decided to get rid of A-10s? Why doesn’t the Air Force’s joint CAS summit include any statement of needs from soldiers or Marines who have actually required close air support in combat? What is the Air Force’s contingency plan for minimizing casualties among our troops in combat in the years after 2019, if the F-35 is several years late in achieving its full CAS capabilities? When and how does the Air Force propose to test whether the F-35 can deliver close support at least as combat-effective as the A-10’s present capability? How can that test take place without A-10s? Congress cannot and should not endorse Air Force leadership’s Summit by divesting the A-10s. Instead, the Senate and House Armed Services Committees need to hold hearings that consider the real and looming problems of inadequate close support, the very problems that Air Force headquarters prevented their Summit from addressing. These hearings need to include a close analysis of CAPE’s assessment and whether the decision to classify its report was necessary and appropriate. Most importantly, those hearings must include combat-experienced receivers and providers of close support who have seen the best and worst of that support, not witnesses cherry-picked by Air Force leadership—and the witnesses invited must be free to tell it the way they saw it.
  • If Congress is persuaded by the significant CAS capability risks and gaps originally identified by the Summit’s working groups, they should write and enforce legislation to constrain the Air Force from further eroding the nation’s close air support forces. Finally, if Congress believes that officers have purposely misled them about the true nature of these risks, or attempted to constrain service members’ communications with Congress about those risks, they should hold the officers accountable and remove them from positions of leadership. Congress owes nothing less to the troops they send to fight our wars.
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     Though not touched on in the article, the real problem is that the A10 has no proponents at the higher ranks of the Air Force because it is already bought and paid for; there's nothing in the A10 for the big Air Force aircraft manufacturing defense contractors. The F35, on the other hand is, is a defense contractor wet dream. It's all pie in the sky and big contracts just to get the first one in the air, let alone outfit it with the gear and programming needed to use it to inflict harm. It's been one cost-overrun after another and delay after delay. It's a national disgrace that has grown to become the most expensive military purchase in history. And it will never match the A10 for the close air support role. It's minimum airspeed is too high and its close-in maneuverability will be horrible. The generals, of course, don't want to poison the well for their post-military careers working for the defense contractors by putting a halt to the boondobble. Their answer: eliminate the close air support mission for at least 10-12 years and then attempt it with the F35.   As a former ground troop, that's grounds for the Air Force generals' court-martial and dishonorable discharge. I would not be alive today were it not for close air support. And there are tens of thousands of veterans who can say that in all truth. The A10 wasn't available back in my day, but by all reports its the best close air support weapons platform ever developed. It's a tank killer and is heavily armored, with redundant systems for pilot and aircraft survivability. The A10 is literally built around a 30 mm rotary cannon that fires at 3,900 rounds per minute. It also carries air to ground rockets and is the only close air support aircraft still in the U.S. arsenal. Fortunately, John McCain "get it" on the close air support mission and has managed to mostly protect the A10 from the generals. If you want to learn  more about the F35 scandal, try this Wikipedia article section; although it's enoug
Paul Merrell

Intel Contractors Give Millions to Lawmakers Overseeing Government Surveillance | MapLi... - 0 views

  • In response to documents leaked by former National Security Agency contractor Edward J. Snowden, the congressional committees in charge of overseeing the government's intelligence operations have come to the defense of the surveillance and data collection programs, and the agencies that administer them. The House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have rejected attempts to reform the programs while advancing legislation to bolster their legal status and providing a funding boost to the National Security Agency (NSA) to protect their secrecy. The U.S. intelligence budget for 2013 is $52.6 billion. According to the Washington Post, "top secret spending" is divided into four main spending categories: data collection, data analysis, management, facilities and support, and data processing and exploitation. Seventy percent of the intelligence budget is used to pay private contractors. Several of the companies receiving intelligence contracts are major donors to members of the intelligence committees, including L-3 Communications, General Dynamics, Lockheed Martin, Northrop Grumman, and Honeywell International. Data: MapLight analysis of campaign contributions from political action committees (PACs) and individuals from the top 20 intelligence services contractors working with the Department of Defense, ranked by total value of contracts received, to members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence. Data source: Federal Election Commission from January 1, 2005 - October 4, 2013. Department of Defense intelligence services contracts source: USASpending (contract totals as of September 26, 2013)
  • In total, members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $3.7 million from top intelligence services contractors since January 1, 2005. Members of the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence from Maryland -- home of NSA headquarters -- led the committees in money received from top intelligence contractors. Representative C.A. "Dutch" Ruppersberger, D-Md., is the largest recipient, having received $363,600 since January 1, 2005. Senator Barbara Mikulski, D-Md., is the second largest recipient, having received $210,150. Republican members of House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence have received $1.86 million since January 1, 2005, while Democrat members have received $1.82 million over the same time period. Members of the House Permanent Select Committee on Intelligence have received $2.2 million since January 1, 2005 from top intelligence services contractors, while members of the Senate Select Committee on Intelligence have received $1.5 million. Lockheed Martin has given $798,910 to members the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence since January 1, 2005, more than any of the other top 20 intelligence service contractors. Northrop Grumman has given $753,101, the second highest amount, and Honeywell has given $714,913, the third highest amount.
  • TOP 20 INTELLIGENCE SERVICES CONTRACTORS CONTRIBUTIONS TO CONGRESSIONAL INTELLIGENCE COMMITTEES
Paul Merrell

Supreme Court Strikes Out KBR - 0 views

  • The U.S. Supreme Court came out in favor of contractor accountability this week, rejecting attempts by KBR and its former parent company, Halliburton, to dismiss three lawsuits accusing them of harming service members and civilians in Iraq and Afghanistan. (KBR, one of the largest reconstruction and logistics contractors in Iraq and Afghanistan, was part of Halliburton until 2007.) The Supreme Court, which denied the companies’ petitions without comment, left intact lower court rulings allowing these lawsuits to proceed to trial:
  • Metzgar v. KBR Dozens of U.S. military personnel and civilian employees claim they suffered harm as a result of KBR’s waste disposal and water treatment practices on military bases in Iraq and Afghanistan. The case involves KBR’s Logistics Civil Augmentation Program (LOGCAP) III contract. The plaintiffs allege that the company burned large quantities of solid waste in toxin-spewing open-air burn pits and provided contaminated water. Harris v. KBR Cheryl Harris seeks to hold KBR and Halliburton accountable for the death of her son, Staff Sergeant Ryan Maseth, who was electrocuted in 2008 while showering at his base in Iraq. KBR’s responsibility for maintaining the shower facilities was also part of the LOGCAP III contract.
  • McManaway v. KBR American and British soldiers allege KBR knowingly exposed them to the hazardous chemical sodium dichromate while they were posted at the Qarmat Ali water treatment facility in Iraq in 2003. The soldiers were protecting KBR employees who were restoring the facility. This case involves the Restore Iraqi Oil (RIO) contract, which contained a provision requiring the government to indemnify KBR for any property damage, injury, or death occurring on the contract and all related legal expenses. The government is refusing to indemnify KBR for Qarmat Ali litigation, which has already resulted in an $81 million judgment against the company in a case filed in Oregon. Both the indemnification decision and the Oregon judgment are still mired in appeals, despite Congress urging the Pentagon last year to “take control of the litigation process” and hasten its conclusion. “With KBR’s immunity petitions rejected by the Supreme Court in three separate cases, the wait for the veterans’ cases to proceed to trial has finally ended,” attorney Michael Doyle, who represents the plaintiffs in in the Metzgar and McManaway cases, told the Project On Government Oversight. “There can’t be a place in American law for blanket immunity for military contractor misconduct harming our troops and others, and we look forward to the next trial soon.”
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  • The plaintiffs are suing the contractors because the government is generally immune from personal injury lawsuits. Contingency operation contractors like KBR and Halliburton argue they are also immune because they function essentially as an extension of the military. Ever since the first bombs fell on Afghanistan more than 13 years ago, contractor civil and criminal liability in war zones has been a hotly debated and litigated issue. However, recent decisions by the Supreme Court and the federal circuit courts give us hope that this area of law is becoming more settled and contractor accountability cases will have an easier time getting to trial.
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    There's an error in the article where it states that "the government is generally immune from personal injury lawsuits." In fact the federal government generally can be sued for personal injury under the Federal Tort Claims Act, but there is an exception created by the Supreme Court in Feres v. United States: the federal government has no liabllity for personal injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. See for an overview, https://en.wikipedia.org/wiki/Feres_v._United_States However, veterans are entitled in such circumstances to Department of Veteran Affairs disability benefits and medical treatment. Military contractors are very fond of trying to piggy-back onto the Feres Doctrine but it rarely works. I've read a fair bit about KBR's conduct involved. KBR even had multi-million-dollar incinerators there for waste disposal that the government paid for (and their transport to the war zones) to safely dispose of wastes without endangering soldiers, but never set them up. That is pretty solid evidence that they knew of the hazard from using open burn pits. And it's also pretty strong proof that our military auditors in charge of checking contract compliance gave KBR a pass. Did money change hands between KBR and the auditors? War profiteering at its finest. "There is such a thirst for gain [among military suppliers]... that it is enough to make one curse their own Species, for possessing so little virtue and patriotism." George Washington.
Paul Merrell

Pentagon report: scope of intelligence compromised by Snowden 'staggering' | World news... - 0 views

  • • Classified assessment describes impact of leaks as 'grave' • Report does not include specific detail to support conclusions• 12 of 39 heavily redacted pages released after Foia request• Read the full Defense Intelligence Agency report
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”.The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.”But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower.The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk.
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  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian.Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows.
  • The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m. Nor does the declassified portion of the report identify Snowden by name.“[Redacted] a former NSA contractor compromised [redacted] from NSA Net and the Joint Worldwide Intelligence Communications System (JWICS),” the report says. “On 6 June 2013, media groups published the first stories based on this material, and on 9 June 2013 they identified the source as an NSA contractor who had worked in Hawaii.”JWICS is identified as a “24 hour a day network designed to meet the requirements for secure [top-secret/sensitive compartmented information] multi-media intelligence communications worldwide. The Defense Intelligence Agency (DIA) has directed that all Special Security Offices (SSOs) will install the JWICS.”The Washington Post, quoting anonymous sources, reported last October that Snowden “lifted the documents from a top-secret network run by the Defense Intelligence Agency and used by intelligence arms of the Army, Air Force, Navy and Marines.” The Post further claimed that Snowden “took 30,000 documents that involve the intelligence work of one of the services” and that he gained access to the documents through JWICS.
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”. The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.” But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.
  • Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year. Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, questioned the decision to withhold specific details. "The essence of the report is contained in the statement that 'the scope of the compromised knowledge related to US intelligence capabilities is staggering'. But all elaboration of what this striking statement means has been withheld," he said. The assessment excluded NSA-related information and dealt exclusively with non-NSA defense materials. The report was distributed to multiple US military commands around the world and all four military branches.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower. The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk. In January, Rogers asserted that the report concluded that most of the documents Snowden took "concern vital operations of the US Army, Navy, Marine Corps and Air Force". "This report confirms my greatest fears — Snowden’s real acts of betrayal place America’s military men and women at greater risk. Snowden’s actions are likely to have lethal consequences for our troops in the field," Rogers said in a statement at the time.
  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian. Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows. The declassified portion of the report obtained by the Guardian says only that DIA “assesses with high confidence that the information compromise by a former NSA contractor [redacted] and will have a GRAVE impact on US national defense”. The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m.
  • No evidence has surfaced to support persistent claims from pundits and lawmakers that Snowden has provided any of the NSA documents he obtained to a “foreign adversary”. Ben Wizner, Snowden’s attorney at the American Civil Liberties Union, said: "This report, which makes unsubstantiated claims about alleged harm to national security, is from December of 2013. Just this month, Keith Alexander admitted in an interview that he doesn’t 'think anybody really knows what he [Snowden] actually took with him, because the way he did it, we don’t have an accurate way of counting'. In other words, the government’s so-called damage assessment is based entirely on guesses, not on facts or evidence."
  • Steven Aftergood, of the Federation of American Scientists, pointed out that the report's finding that the Snowden leaks had a "grave" impact did not follow any of the levels defined in the annex. "That is a bit odd," he said, adding: "Within this hierarchy, it is not clear where 'grave impact' would fall."
Paul Merrell

Loopholes Exclude Intelligence Contractors Like Snowden From Whistleblower Protections - 0 views

  • Due to carve-outs in federal law, U.S. whistle-blowers who work as contract employees for the intelligence community -- like confessed leaker Edward Snowden -- have virtually no protections.
  • There is a complex anatomy of whistle-blower protections depending on whether an employee works for an intelligence agency and whether he or she is a contractor or an employee of the government. But nowhere is the difference more stark than in the intelligence community, where contractors lack protections afforded to their government employee counterparts. Whistle-blower advocates actually fear that this lack of protections could lead to more leaks. “I would say that there is a gaping loophole for intelligence community contractors,” said Angela Canterbury, director of public policy at the Project on Government Oversight. “The riskiest whistle-blowing that you can possibly do on the government is as an intelligence contractor.”
  • Though whistle-blower advocates have actually won increased protections in recent months, intelligence contractors have repeatedly been left out. Intelligence workers are not covered by the Whistle-blower Protection Act. When Congress passed the Whistle-blower Protection Enhancement Act last fall, at the request of the U.S. House Intelligence Committee, the law’s protections didn’t apply to the intelligence community workers -- both contract and government employees. When Congress added whistle-blower protections specifically for contract employees to the National Defense Reauthorization Act of 2013, intelligence contractors were again excluded. To fill the void, President Obama issued Public Policy Directive (PPD) 19 in October 2012 to extend protections to national security workers. However, his directive made no mention of contractors. Because PPD-19 was initially classified and is actually being implemented in secret, advocates are unsure how strong the protections for government intelligence workers actually are. The directive made no mention of contract workers specifically and Canterbury said she would be “actually shocked and astounded” if the directive were interpreted to apply to contractors.
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  • In terms of Snowden's rights, he could have legally raised his concerns with either the office of the intelligence community inspector general or a congressional intelligence committee, but he would have had no protections against any form of retaliation, including losing his job and security clearance. “The ramification [of excluding intelligence contractors] is that a whistle-blower in their right mind would make a public disclosure if they wanted [to bring attention] to wrongdoing because blowing the whistle internally would be very dangerous for their careers,” Canterbury said. “In the case of Snowden, he calculated that his career was over in any case,” Canterbury added. “I’m sure that internal whistle-blowing was not high on the list of ways to get accountability to the issue.
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    So much for the much publicized government propaganda that Snowden should have gone through channels rather than leaking.  
Paul Merrell

Pentagon: 9/11 defense team linguist was CIA asset | The Miami Herald The Miami Herald - 0 views

  • The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.
  • Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”
  • Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.
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  • “We will be filing motions for discovery regarding the former CIA interpreter utilized by Mr. Bin al Shibh’s defense team,” said attorney Cheryl Bormann, defending the alleged terror trainer Walid bin Attash, 36, who she said was shaken at seeing someone from a black site.Bormann also said she would be seeking a court order from Judge Pohl similar to the one Pohl styled after disclosure that FBI agents were investigating and questioning members of the 9/11 defense team: Instructing the defense team members to disclose if they worked for the CIA or a CIA contractor, absolving them of any Non Disclosure Order they signed with the CIA.“If people aren’t truthful about their background,” Bormann said, “there’s really no way for us to determine whether or not they are inappropriately assigned to our team.”
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    So, it sounds like the CIA was trying to sneak an agent who understands Arabic into the GITMO defendants' defense team. This, after the FBI was caught interrogating a defense team member. Time to dismiss the charges and free the defendants, I think. These men can't get a fair trial. 
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo d... - 0 views

  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
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    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Paul Merrell

Israel's "Qualitative Military Edge": Blank Checks, No Balance? « LobeLog.com - 0 views

  • Two years ago, Congress passed the United States-Israel Enhanced Security Cooperation Act (P.L. 112-150), which reiterated, as a matter of policy, the US commitment “to help the Government of Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation.” It expressed the non-binding “sense of Congress” favoring various possible avenues of cooperation: providing Excess Defense Articles to Israel; enhanced operational, intelligence, and political-military coordination; expediting the sale of specific weaponry including F-35 joint strike fighter aircraft, refueling tankers, and “bunker buster” bombs; as well as an US-Israel cooperative missile defense program and additional aid for Israel’s Iron Dome anti-rocket system.
  • Iron Dome, a dual mission system built by Israeli defense contractor Rafael Advanced Defense Systems, which doubles as a very short range air defense system and an interceptor of incoming rockets, mortars and artillery, has received $720 million in American funding since the program’s inception in 2011. Israel currently has nine batteries, each costing about $100 million. The price tag for every Tamir missile fired by the Iron Dome system costs an estimated minimum of $50,000, with two missiles responding to every incoming rocket that is considered a threat to Israeli lives and property. US support for Iron Dome will soon surpass $1 billion. In March, the Pentagon asked for $176 million for the program for Fiscal Year 2015, which begins Oct. 1, but the Senate Appropriations defense subcommittee raised the Iron Dome appropriation to $351 million on July 15—more than half the $621.6 million it had appropriated for Israeli missile defense for the upcoming year. A week later, Defense Secretary Chuck Hagel sent a letter to Senate leaders and key committee chairpersons relaying the Israeli government’s request for an immediate $285 million of emergency allocation for Iron Dome. On Aug. 1—a Friday afternoon—the House (398-8) and Senate both approved adding an additional $285 million to Iron Dome’s funding, which was followed by President Obama’s signature the following Monday morning.
  • After Israel’s bombing of the UN school in Gaza, and more than 2,000 civilian Palestinian deaths since the war began on July 8, the Obama administration apparently became aware that it was uninformed about, and had very little control over US military assistance to Israel. Indeed, the Wall Street Journal reported Aug. 14 that President Obama had just discovered that the US military was authorizing and providing weapons shipments to Israel without his knowledge. Unknown to many policy makers, Israel was moving on a separate track to replenish supplies of lethal munitions being used in Gaza and to expedite the approval of the Iron Dome funds on Capitol Hill. On July 20, Israel’s defense ministry asked the US military for a range of munitions, including 120-mm mortar shells and 40-mm illuminating rounds, which were already stored at a pre-positioned weapons stockpile in Israel.
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  • The request was approved through military channels three days later but not made public. Under the terms of the deal, the Israelis used US financing to pay for $3 million in tank rounds. No presidential approval or signoff by the secretary of state was required or sought, according to officials.
  • One senior US official said the decision to tighten oversight and require the pre-approval of higher-ranking officials for shipments was intended to make clear to Israel that there is no “blank check” from Washington in regards to the US-made weapons that the Israel Defense Forces (IDF) uses in Gaza.
Paul Merrell

Guantánamo hearing halted by supposed CIA 'black site' worker serving as war ... - 0 views

  • The 9/11 trial judge abruptly recessed the first hearing in the case since August on Monday after some of the alleged Sept. 11 plotters said they recognized a war court linguist as a former secret CIA prison worker.Alleged plot deputy Ramzi bin al Shibh, 42, made the revelation just moments into the hearing by informing the judge he had a problem with his courtroom translator. The interpreter, Bin al Shibh claimed, worked for the CIA during his 2002 through 2006 detention at a so-called “Black Site.”“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” he said.This week’s is the first hearing for the five men accused of conspiring in the Sept. 11, 2001 attacks — that killed nearly 3,000 people in New York, the Pentagon and Pennsylvania — since the public release of portions of a sweeping Senate Intelligence Committee study of the agency’s secret prisons known as “The Torture Report.”
  • Instead the issue became, apparently, a stony-faced translator who was sitting alongside Bin al Shibh in court when the hearing started. Lawyers for the alleged mastermind, Khalid Sheik Mohammed, 49, and his nephew, Ammar al Baluchi, 37, said they learned about the recognition just as court began. The judge ordered a quick recess, excused Campoamor-Sanchez and summoned the chief prosecutor, Army Brig. Gen. Mark Martins, for questioning.Court resumed briefly with the linguist missing. Martins sought, and got, a continuing recess until 9 a.m. Wednesday, to look into the issue and file a written pleading with the court. Pleadings are sealed for at least 15 days for intelligence agencies’ scrub of secret information.Mohammed’s attorney, David Nevin, asked Pohl to order the suspected CIA worker to not leave this remote base in southeast Cuba and to submit to defense questioning.
  • Cheryl Bormann, attorney for another alleged plotter, Walid bin Attash, 36, told the judge, Army Col. James L. Pohl, that her client “was visibly shaken” at recognizing a man in the maximum-security war court.“My client relayed to me this morning that there is somebody in this courtroom who was participating in his illegal torture,” she said.Bormann said it was either “the biggest coincidence ever” or “part of the pattern of the infiltration of defense teams.” Monday’s hearing was supposed to start with a presentation by a Justice Department lawyer, Fernando Campoamor-Sanchez, on FBI agents secretly questioning members of the Bin al Shibh defense team. The Sept. 11 legal defense teams have called the FBI’s action spying on privileged attorney-client conversations.
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  • War court translators are provided by one of two Defense Department contractors paid by the Pentagon unit that runs the war court, called the Office of the Convening Authority for Military Commissions. It’s run by retired Marine Maj. Gen. Vaughn Ary, a former military lawyer. The contractors are Leidos and All World.Ary’s office provides a list of qualified translators to the Office of Military Commissions Defense unit, and, in the capital cases, each one gets a dedicated translator assigned to the team. Teams can object to the choice, and have done so in the past, as unsuitable, according to earlier war court sessions.The war court’s Chief Defense Counsel, Air Force Col. Karen Mayberry, said after the court session Monday that the translator sitting with Bin al Shibh in court was not permanently assigned to his team, or the 9/11 case. The Bin al Shibh team had lost its translator after an FBI investigation secretly questioned Sept. 11 defense team members. Monday’s translator, the one that Bin al Shibh said he recognized from a CIA prison, had worked for years on war court defense teams, but none with the Sept. 11 death-penalty case, according to Mayberry. Monday’s translator was filling in for this session because, although the Bin al Shibh team had chosen a new team translator, the new permanent translator had not yet gotten a security clearance, which can be a lengthy process.
  • Bin al Shibh and the other four men are accused of helping to orchestrate, train, and arrange travel for the 19 men who hijacked four U.S. passenger aircraft on Sept. 11, 2001. The prosecutor is seeking their execution, if they are convicted. The CIA held and interrogated them for three to four years in secret overseas prisons before they were brought to Guantánamo in September 2006. But even once they got here, they continued to be in CIA custody, according to the Senate report. Jay Connell, attorney for Baluchi, 37, said Sunday it is still not known when the agency relinquished control of the men, who are held in a secret prison called Camp 7.
Paul Merrell

McCain, Thornberry: Trump's Proposed Defense Spending Hike Not Enough | Military.com - 0 views

  • The Republican chairmen of the Senate and House armed services committees said Monday that President Donald Trump's proposal to boost defense spending by $54 billion for fiscal year 2018 is not enough. Sen. John McCain, R-Ariz., and Rep. Mac Thornberry, R-Texas, are pushing for a $640-billion base defense budget and said the $603-billion proposal unveiled by the White House will not reverse the decline in recent years in spending and military readiness.
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    Of course, why didn't I realize that ... So with 100 million Amercians living in povery, we need more to shove more dollars into the pockets of defense contractors to bring us monstroties like the F-35 program? Of course, why didn't I realize that ...?
Paul Merrell

New Disclosures Highlight Ashton Carter's Ties to Investors - 0 views

  • Ashton Carter, President Obama’s nominee for Secretary of Defense, received $20,000 last year from one of the top consulting firms offering political intelligence to investors. And his wife’s investments in the defense industry may at times require him to stay on the sidelines while he serves at the Pentagon. Those are among the tidbits revealed in new disclosure reports posted online by the Office of Government Ethics. Last week, the Project On Government Oversight wrote that Carter, “[w]hile working in the private sector...has held plum positions on government advisory boards that called for reforms with potential ramifications for his defense industry clients and other companies that receive [Department of Defense] dollars.” Like many members of Washington’s policy establishment, he has straddled the public and private sectors, keeping a foot in both worlds with the potential to gain inside information on, and influence over, government policy. Carter’s latest ethics disclosures show another way for former government officials to cash in: giving speeches sponsored by companies in the investment world. The new disclosures detail Carter’s consulting and speaking engagements since he stepped down as Deputy Secretary of Defense in late 2013.
  • Several years ago, while serving as the Pentagon’s chief weapons buyer, he spoke to investors about mergers in the defense industry. “He told the assemblage that the Pentagon would frown on mergers among the five giant military contractors—the so-called primes: Lockheed Martin, General Dynamics, Raytheon, Northrop-Grumman and Boeing,” according to a 2011 article by New York Times business columnist Joe Nocera. “However, he added, the Defense Department was going to encourage mergers among smaller military contractors. And, he said, ‘we will be attentive’ to innovative smaller companies that provide services (as opposed to weapons systems) to the Pentagon.” “For the last few months, beginning with a secret meeting last October, Defense Department officials have been making the rounds of analysts and investors,” Nocera wrote. “Their main message, to put it bluntly, is that even in an era of tighter budgets, the Pentagon is going to make sure the military industry remains profitable. ‘Taxpayers and shareholders are aligned,’ Mr. Carter intoned” in his remarks.
  • Carter, his wife, the Gerson Lehrman Group, and a Pentagon spokesperson did not respond to POGO’s requests for comment, but we will update this post with any comments they provide. Carter’s confirmation hearing is set to take place in early February, according to Politico.
Paul Merrell

U.S. Defense Industry Outperforms S&P by 100 Percent | The Fiscal Times - 0 views

  • story in The New York Times over the weekend raised the possibility of a new arms race in the Middle East, as increased sectarian fighting and proxy wars in Yemen, Syria, and Iraq create new demand for advanced weapons and weapon systems.The article pointed out, as others have, that the primary beneficiaries of the increased demand for planes, missile, tanks, and other military hardware will be U.S. military contractors – the Lockheed-Martins, General Atomics, and Boeings of the world. But the expected increase in orders from Middle Eastern countries looking to control jihadist groups like ISIS, and rebel groups such as Yemen’s Houthi tribe, will be more of an extension of a gravy train that’s already rolling than some sort of new start.
  • Just how well have U.S. defense firms done in the past few years? To put it in context, in the past 24 months, the U.S. stock market has been on a nearly unprecedented tear. Since April of 2013, the Standard & Poor’s 500 index has soared, increasing in value by more than 30 percent.Compared to a broad index of the defense industry, the S&P 500 looks like a bad investment. Since April of 2013, the Dow Jones U.S. Aerospace and Defense Total Stock Market Index has grown at double the rate of the S&P, increasing in value by 60 percent.Making the performance of defense firms even more remarkable is the fact that their share prices continued to surge even as the U.S. Budget sequester took hold, slashing the Pentagon’s budget by tens of billions of dollars. In 2014, for example, U.S. military spending fell by 6.5 percent, according to the Stockholm International Peace Research Institute.The reason for defense firms’ continued success, according to a report issued this month by SIPRI, is that the U.S. has been the outlier in that respect recently. “Excluding the USA, total military expenditure for the ‘rest of the world’ has increased continuously since 1998 and was up by 3.1 per cent in 2014,” the report concluded.
  • In the Middle East in particular, defense spending has continued at a strong pace, with several countries in the region dedicating more than 5 percent of their GDP to defense spending, while Oman and Saudi Arabia both spend more than 10 percent of GDP on national security.A huge share of that money goes toward buying sophisticated weaponry from developed countries, particularly U.S. firms, when it comes to countries allied with the U.S. policy toward jihadist and terrorist groups.As ISIS continues to pillage Iraq and Syria, and the Houthis rage across Yemen, it seems the arms business will be a profitable one for the foreseeable future.
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    George Washington: "There is such a thirst for gain [among military suppliers]... that it is enough to make one curse their own Species, for possessing so little virtue and patriotism."
Paul Merrell

U.S. gives big, secret push to Internet surveillance - CNET - 0 views

  • Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws. The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors' Internet links. Since then, however, the program has been expanded by President Obama to cover all critical infrastructure sectors including energy, healthcare, and finance starting June 12. "The Justice Department is helping private companies evade federal wiretap laws," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week. "Alarm bells should be going off." Those documents show the National Security Agency and the Defense Department were deeply involved in pressing for the secret legal authorization, with NSA director Keith Alexander participating in some of the discussions personally. Despite initial reservations, including from industry participants, Justice Department attorneys eventually signed off on the project.
  • The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as "2511 letters," a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books. The Wiretap Act limits the ability of Internet providers to eavesdrop on network traffic except when monitoring is a "necessary incident" to providing the service or it takes place with a user's "lawful consent." An industry representative told CNET the 2511 letters provided legal immunity to the providers by agreeing not to prosecute for criminal violations of the Wiretap Act. It's not clear how many 2511 letters were issued by the Justice Department. In 2011, Deputy Secretary of Defense William Lynn publicly disclosed the existence of the original project, called the DIB Cyber Pilot, which used login banners to inform network users that monitoring was taking place. In May 2012, the pilot was turned into an ongoing program -- broader but still voluntary -- by the name of Joint Cybersecurity Services Pilot, with the Department of Homeland Security becoming involved for the first time. It was renamed again to Enhanced Cybersecurity Services program in January, and is currently being expanded to all types of companies operating critical infrastructure.
  • Paul Rosenzweig, a former Homeland Security official and founder of Red Branch Consulting, compared the NSA and DOD asking the Justice Department for 2511 letters to the CIA asking the Justice Department for the so-called torture memos a decade ago. (They were written by Justice Department official John Yoo, who reached the controversial conclusion that waterboarding was not torture.) "If you think of it poorly, it's a CYA function," Rosenzweig says. "If you think well of it, it's an effort to secure advance authorization for an action that may not be clearly legal." A report (PDF) published last month by the Congressional Research Service, a non-partisan arm of Congress, says the executive branch likely does not have the legal authority to authorize more widespread monitoring of communications unless Congress rewrites the law. "Such an executive action would contravene current federal laws protecting electronic communications," the report says.
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  • Another e-mail message from a Justice Department attorney wondered: "Will the program cover all parts of the company network -- including say day care centers (as mentioned as a question in a [deputies committee meeting]) and what are the policy implications of this?" The deputies committee includes the deputy secretary of defense, the deputy director of national intelligence, the deputy attorney general, and the vice chairman of the Joint Chiefs of Staff. "These agencies are clearly seeking authority to receive a large amount of information, including personal information, from private Internet networks," says EPIC staff attorney Amie Stepanovich, who filed a lawsuit against Homeland Security in March 2012 seeking documents relating to the program under the Freedom of Information Act. "If this program was broadly deployed, it would raise serious questions about government cybersecurity practices." In January, the Department of Homeland Security's privacy office published a privacy analysis (PDF) of the program saying that users of the networks of companies participating in the program will see "an electronic login banner [saying] information and data on the network may be monitored or disclosed to third parties, and/or that the network users' communications on the network are not private."
  • An internal Defense Department presentation cites as possible legal authority a classified presidential directive called NSPD 54 that President Bush signed in January 2008. Obama's own executive order , signed in February 2013, says Homeland Security must establish procedures to expand the data-sharing program "to all critical infrastructure sectors" by mid-June. Those are defined as any companies providing services that, if disrupted, would harm national economic security or "national public health or safety."
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    Article is from April 2013, before the Snowden disclosures. 
Paul Merrell

Trump floats ban on defense firms hiring military procurement officials | Reuters - 0 views

  • U.S. President-elect Donald Trump on Friday said he was considering imposing a lifetime ban on U.S. military procurement officials going to work for defense contractors, a move that could dramatically reshape the defense industry.Three days after publicly rebuking Boeing Co over the cost of the next-generation Air Force One presidential aircraft, Trump floated the idea of such a ban at a rally for Republican supporters in Baton Rouge, Louisiana."I think anybody that gives out these big contracts should never ever, during their lifetime, be allowed to work for a defense company, for a company that makes that product," Trump said. "I don't know, it makes sense to me."He added that he "got the idea yesterday" as he thought about "massive" cost overruns for military equipment but needed to "check this out" first before making any decisions.Trump said such a ban would make "a big, big difference because the purchasing in this country is out of control, for everything, not only military."
Paul Merrell

Two Navy admirals suspended as military cracks down on misconduct - Washington Times - 0 views

  • The Navy has suspended two admirals in a broadening bribery scandal that already has ensnared three senior naval officials.Involving charges of prostitution and payoffs, the scandal is the U.S. military’s highest-profile case of officer misconduct this year — part of a trend that has caused deep concern among Pentagon officials. The number of substantiated cases of misconduct has increased steadily since 2008, according to statistics by the Defense Department’s inspector general.The Navy is investigating Vice Adm. Ted Branch, director of naval intelligence, and Rear Adm. Bruce Loveless, director of intelligence operations, on accusations of “illegal and improper relations” with a defense contractor who scammed the Navy of millions of dollars and bribed naval officials with hookers and gifts over several years.Neither admiral has been charged with a crime or violation, but the Navy said the accusations against them involve “inappropriate conduct prior to their current assignments and flag officer rank.”So far, three Navy officials have been arrested and charged with giving classified information to Malaysian defense contractor Leonard Glenn Francis in exchange for concert tickets, prostitutes and other illicit gifts.
  • The contractor’s company, Glenn Defense Marine Asia Ltd., serviced naval ships in Southeast Asia, and the classified information helped him win Navy contracts worth hundreds of millions of dollars. The information included ship movements and scheduled port visits, and data about internal Navy investigations of the company.
Paul Merrell

9/11 judge 'pulls plug' on trial over Pentagon order | Miami Herald Miami Herald - 0 views

  • The 9/11 trial judge on Wednesday froze pretrial hearings in a death-penalty case over a controversial Pentagon order requiring the judges to move permanently to this remote outpost until their cases are over.In a 10-page order, Army Col. James L. Pohl abated the prosecution of alleged 9/11 mastermind Khalid Sheik Mohammed and four accused accomplices until the Pentagon rescinds its move-in order.He ruled that the circumstances surrounding the controversial Jan. 7 relocation order “raise the issue of Unlawful Influence by creating the appearance of improper pressure on the military judge to adjust the pace of the litigation.”Defense lawyers in both the Sept. 11 and USS Cole death-penalty cases have alleged the move is an attempt to illegally rush justice, describing it as a pressure play designed to exile the military judges to Cuba, cut short pretrial hearings and move straight to trial. Unlawful Command Influence, or commanders meddling in the judicial function, is a crime in the U.S. military.
  • Prosecutors have defended the order, designed by a retired Marine general functioning as a war court overseer, as part of an effort to improve resourcing at the crude compound here called Camp Justice.Deputy Secretary of Defense Robert Work signed it within a month of getting a recommendation from the overseer, retired Marine Maj. Gen. Vaughn A. Ary. It stripped military judges hearing Guantánamo cases of their other duties, including presiding at U.S. service members’ courts martial, without consultation with the top lawyers of the Army, Navy and Air Force.So far none of the judges has obeyed it pending clarifications from their overall commanders, called The Judge Advocates General.
  • One 9/11 defense attorney, Jay Connell, said that Pohl “was right to pull the plug on the case” — and recited what he saw as a pattern of government interference.“The FBI has infiltrated a defense team, a former CIA contractor became a defense interpreter, and the Deputy Secretary of Defense has unlawfully attempted to influence the military judge,” said Connell, the death-penalty defender of Mohammed’s nephew, Ammar al Baluchi.
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  • The development came as defense lawyers for the alleged USS Cole bombing mastermind, Abd al Rahim al Nashiri, a Saudi, were questioning the war court overseer, Ary, on what he meant when he proposed the rule change Dec. 9, saying “the status quo does not support the pace of litigation necessary to bring these cases to their just conclusion.”Ary, testifying from his Pentagon headquarters, said that he believed the order to move the war court judges to Guantánamo and strip them of their court martial duties was “influence neutral.”He said he didn’t anticipate the order sidelining progress in the hearings. “Knowing what I knew then, I didn’t believe that it would have this effect, no,” he said, adding, “I stand by that recommendation.”
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    Nice. The judge ordered the proceedings be halted until the order for the judges to move to GITMO is rescinded. If not rescinded promptly, the judge will cosider other relief, i.e., dismissing the charges. 
Paul Merrell

Stavridis: Shill for Military Contractor? « LobeLog - 0 views

  • On Tuesday, The New York Times reported that Retired Admiral James Stavridis is on Hillary Clinton’s shortlist for a vice presidential candidate alongside Sen. Tim Kaine (D-VA). We’ve previously reported on Stavridis’s opposition to the Iran deal and his friendly relationship with anti-Muslim activist Frank Gaffney. But a review of his columns for ForeignPolicy.com (FP) reveal the retired admiral regularly promoting defense spending and weapons systems that could benefit defense contractors like Northrop Grumman, where Stavridis chairs the company’s international advisory board. None of Stavridis’s columns on FP, or elsewhere, identifies his connection to the defense contractor. Instead, his FP bio describes him as “a retired four-star admiral and NATO supreme allied commander who serves today as the dean of the Fletcher School of Law and Diplomacy at Tufts University.”
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    So Hillary is seriously considering a neocon running mate from the military-industrial complex. That's just peachy keen. What could possibly go wrong?
Paul Merrell

Lt. Gen. Bogdan Hedges on Operational Testing - 0 views

  • Several weeks ago, the Project On Government Oversight announced its cautious optimism upon learning the Director of Operational Test & Evaluation (DOT&E) planned to conduct a close air support (CAS) fly-off between the proven A-10 and the yet-to-be proved F-35. The cautious aspect of that optimism has been proven to be warranted. Under questioning by Representative Martha McSally (R-AZ), a former A-10 pilot, F-35 program executive officer Lt. Gen. Christopher Bogdan (USAF) dismissed the idea of a comparative test as irrelevant. The exchange occurred during a House Armed Services subcommittee hearing on updates to the Joint Strike Fighter program. General Bogdan’s remarks echo earlier comments by Air Force Chief of Staff Gen. Mark Welsh, who described the proposed test as a “silly exercise.” Dr. Michael Gilmore, Director of Operational Test & Evaluation, said in late August, “The comparison tests on the close-air support mission will reveal how well the F-35 performs and whether there are gaps, or improvements in capability, compared to the A-10.”
  • When asked by Rep. McSally to comment about the comparative tests, Lt. Gen. Bogdan acknowledged the F-35 would not do as well as the A-10 in such a test. He smugly compared the test to a decathlete competing against a champion sprinter in a 100 meter race. “I don’t have to run that race to know who is going to win it,” he said. “What I prefer to do is test the F-35 in its close air support role as the Air Force sees the requirements for that mission for the F-35,” the General said. The test envisioned by the Air Force would be conducted in the manner it wants to conduct close air support missions in the future, not in the way decades of experience has proven it must be conducted in order to be effective on the battlefield. The Air Force wants these missions to be conducted from high altitudes using digital communications and precision munitions. In other words, it wants to accomplish the mission only through high-tech means from a distance, rather than getting low to the ground where pilots and ground controllers are able to coordinate in a way which has been used to great effect for decades.
  • In a recent documentary, an A-10 pilot talked about the sensors available to help them correlate targets on the ground to ensure a precision strike. But in nearly the same breath, he described their shortcomings as well. “That will never replace just looking right, outside of my cockpit and looking at the battlespace. What am I seeing out there, big-picture?” That level of situational awareness only develops when a pilot is able to fly low and slow over the battlefield.  That will be lost by F-35 pilots who will be restricted to much higher altitudes and speed. They will be forced there because, as Michael Gilmore said while testifying at an earlier hearing, “The (F-35) has some vulnerabilities that you would expect a high performance aircraft to have. The A-10 is going to be able to, can take, hits an F-35 couldn’t take.” The United States has already been through this process before and learned painful and expensive lessons by ignoring proven methods of designing effective weapons systems. Pierre Sprey, a veteran of many bureaucratic battles while designing effective aircraft, says the correct approach to this process is to first understand the mission the system is to perform: you’ve “got to start with what really happens in combat,” Sprey said in a recent interview.
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  • Sprey, one of the principle designers of the A-10, said an effective close air support aircraft is one that can “be able to get in close enough to see [friendly troops on the ground] and what they’re opposing and what their dangers are, how they’re about to be ambushed, what tanks they’re facing, what machine gun nests they’re facing.” “You come flashing by there at 500 miles an hour, you’re hopeless and useless,” Sprey said, referring to traditional fighters designed for air-to-air combat. He and the rest of the A-10 design team began that process by interviewing many veteran pilots with experience flying CAS missions. They then matched technology with the way the aircraft would actually be used. This was a radical approach then, and now. What Lt. Gen. Bogdan admitted in his testimony was the F-35 has been engineered to incorporate favored technology. The technology is dictating how troops will be able to fight rather than battlefield experience shaping the technology incorporated in the aircraft. Rep. McSally sees dangers ahead with such an approach. “I think us envisioning that we’re never going to have close air support where guys are on the run, they’re out of ammo, they’re doing a mirror flash into your eye, they don’t have time to do stand-off CAS because of the conflict circumstances, if we think that’s never going to happen again, I think we’re lying to ourselves.”
  • The debate about the proposed tests will continue for some time. The F-35 is still years away from having the ability to go through these tests because the software needed to employ the necessary weapons will not be complete until 2017 at the earliest. In the intervening years, it is essential for Congress to continue reaffirming annually its commitment to the troops on the ground by mandating a completely intact A-10 force until another platform is proven to perform this vital mission at least as well as the Warthog.
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    The A-10 has one major vulnerability; it's bought and paid for. Defense contractors don't get paid as much to manufacture spare parts for it as they are getting from the F-35 program, the most expensive weapons platform in U.S. history. But the F-35 can't do close air support, something the A-10 excels at. But Air Force generals are willing to have troops on the ground be killed to keep the F-35 boondoggle going. They've tried to retire the A-10 repeatedly, only to be blocked by members of Congress who understand the importance of the ground support mission. "By 2014, the program was "$163 billion over budget [and] seven years behind schedule."[19] Critics further contend that the program's high sunk costs and political momentum make it "too big to kill." https://en.wikipedia.org/wiki/Lockheed_Martin_F-35_Lightning_II
Paul Merrell

Britain commits to NATO 2 percent defense spending target for next five years | Reuters - 0 views

  • The British government said on Wednesday it would commit to NATO's defense spending pledge of two percent of GDP for the next five years, a decision which will help ease U.S. fears about their future ability to rely on a close military ally.The United States immediately welcomed the pledge and urged all NATO members to do the same.Britain has reduced defense spending by about 8 percent in real terms since 2010 to help cut a record budget deficit, shrinking the size of the armed forces by around one sixth.
  • Several top U.S. military figures, including U.S. Army Chief of Staff General Raymond Odierno, had also expressed concern about declining defense spending by Britain, which still spends more on defense than any other European NATO member.
  • Shares of BAE Systems, Britain's biggest defense contractor, traded up 3 percent on the day, making the company one of the top risers on Britain's bluechip index.
Paul Merrell

Wolf Blitzer Is Worried Defense Contractors Will Lose Jobs if U.S. Stops Arming Saudi A... - 0 views

  • Sen. Rand Paul’s expression of opposition to a $1.1 billion U.S. arms sale to Saudi Arabia — which has been brutally bombing civilian targets in Yemen using U.S.-made weapons for more than a year now — alarmed CNN’s Wolf Blitzer on Thursday afternoon. Blitzer’s concern: That stopping the sale could result in fewer jobs for arms manufacturers. “So for you this is a moral issue,” he told Paul during the Kentucky Republican’s appearance on CNN. “Because you know, there’s a lot of jobs at stake. Certainly if a lot of these defense contractors stop selling war planes, other sophisticated equipment to Saudi Arabia, there’s going to be a significant loss of jobs, of revenue here in the United States. That’s secondary from your standpoint?” Paul stayed on message. “Well not only is it a moral question, its a constitutional question,” Paul said. “Our founding fathers very directly and specifically did not give the president the power to go to war. They gave it to Congress. So Congress needs to step up and this is what I’m doing.” Watch the exchange:
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