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

  • Fifty years ago, exactly one month after John Kennedy was killed, the Washington Post published an op-ed titled “Limit CIA Role to Intelligence.” The first sentence of that op-ed on Dec. 22, 1963, read, “I think it has become necessary to take another look at the purpose and operations of our Central Intelligence Agency.” It sounded like the intro to a bleat from some liberal professor or journalist. Not so. The writer was former President Harry S. Truman, who spearheaded the establishment of the CIA 66 years ago, right after World War II, to better coordinate U.S. intelligence gathering. But the spy agency had lurched off in what Truman thought were troubling directions.
  • Is this why the President feels he cannot fire his clumsily devious Director of National Intelligence James Clapper, who had to apologize to Congress for giving “clearly erroneous” testimony in March? Is this why he allows National Security Agency Director Keith Alexander and counterparts in the FBI to continue to mislead the American people, even though the intermittent snow showers from Snowden show our senior national security officials to have lied — and to have been out of control? This may be small solace to President Obama, but there is no sign that the NSA documents that Snowden’s has released include the Senate Intelligence Committee’s 6,300-page report on CIA torture. Rather, that report, at least, seems sure to be under Obama’s and Senate Intelligence Committee chair Dianne Feinstein’s tight control.
  • But Kennedy stuck to his guns, so to speak. He fired Dulles and his co-conspirators a few months after the abortive invasion, and told a friend that he wanted to “splinter the CIA into a thousand pieces and scatter it into the winds.” The outrage was very obviously mutual.
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  • Truman concluded the op-ed with an admonition that was as clear as the syntax was clumsy: “I would like to see the CIA restored to its original assignment as the intelligence arm of the President, and that whatever else it can properly perform in that special field – and that its operational duties be terminated or properly used elsewhere.” The importance and prescient nature of that admonition are even clearer today, a half-century later.
  • After Kennedy was murdered in Dallas, the patrician, well-connected Dulles got himself appointed to the Warren Commission and took the lead in shaping the investigation of JFK’s assassination. Documents in the Truman Library show that Dulles also mounted a small domestic covert action of his own to neutralize any future airing of Truman’s and Souers’s warnings about covert action.
  • As the de facto head of the Warren Commission, Dulles was perfectly positioned to protect himself and his associates, were any commissioners or investigators — or journalists — tempted to question whether Dulles and the CIA played a role in killing Kennedy. And so, the question: Did Allen Dulles and other “cloak-and-dagger” CIA operatives have a hand in John Kennedy’s assassination and in then covering it up? In my view, the best dissection of the evidence pertaining to the murder appeared in James Douglass’s 2008 book, JFK and the Unspeakable. After updating and arraying the abundant evidence, and conducting still more interviews, Douglass concludes that the answer is Yes.
  • The mainstream media had an allergic reaction to Douglass’s book and gave it almost no reviews. It is, nevertheless, still selling well. And, more important, it seems a safe bet that President Barack Obama knows what it says and maybe has even read it. This may go some way toward explaining why Obama has been so deferential to the CIA, NSA, FBI and the Pentagon. Could this be at least part of the reason he felt he had to leave the Cheney/Bush-anointed torturers, kidnappers and black-prison wardens in place, instructing his first CIA chief Leon Panetta to become, in effect, the agency’s lawyer rather than leader.
  • Sadly, those concerns that Truman expressed in that op-ed — that he had inadvertently helped create a Frankenstein monster — are as valid today as they were 50 years ago, if not more so.
  • But the timorous President has a big problem. He is acutely aware that, if released, the Senate committee report would create a firestorm – almost certainly implicating Obama’s CIA Director John Brennan and many other heavy-hitters of whom he appears to be afraid. And so Obama has allowed Brennan to play bureaucratic games, delaying release of the report for more than a year, even though its conclusions are said to closely resemble earlier findings of the CIA’s own Inspector General and the Constitution Project (see below).
  • Hat tip to the New Yorker’s Jane Mayer, who took the trouble to read the play-by-play of testimony to the Senate Intelligence Committee by former CIA General Counsel (2009-2013) Stephen W. Preston, nominated (and now confirmed) to be general counsel at the Department of Defense. Under questioning by Sen. Mark Udall, D-Colorado, Preston admitted outright that, contrary to the CIA’s insistence that it did not actively impede congressional oversight of its detention and interrogation program, “briefings to the committee included inaccurate information related to aspects of the program of express interest to Members.”
  • That “inaccurate information” apparently is thoroughly documented in the Senate Intelligence Committee report which, largely because of the CIA’s imaginative foot-dragging, cost taxpayers $40 million. Udall has revealed that the report (which includes 35,000 footnotes) contains a very long section titled “C.I.A. Representations on the C.I.A. Interrogation Program and the Effectiveness of the C.I.A.’s Enhanced Interrogation Techniques to Congress.” Preston also acknowledged that the CIA inadequately informed the Justice Department on interrogation and detention. He said, “CIA’s efforts fell well short of our current practices when it comes to providing information relevant to [the Office of Legal Counsel]’s legal analysis.”
  • As Katherine Hawkins, the senior investigator for last April’s bipartisan, independent report by the Constitution Project’s Task Force on Detainee Treatment, noted in an Oct. 18, 2013 posting, the memos from acting OLC chief, Steven Bradbury, relied very heavily on now-discredited CIA claims that “enhanced interrogation” saved lives, and that the sessions were carefully monitored by medical and psychological personnel to ensure that detainees’ suffering would not rise to the level of torture. According to Hawkins, Udall complained – and Preston admitted – that, in providing the materials requested by the committee, “the CIA removed several thousand CIA documents that the agency thought could be subjected to executive privilege claims by the President, without any decision by Obama to invoke the privilege.”
  • Worse still for the CIA, the Senate Intelligence Committee report apparently destroys the agency’s argument justifying torture on the grounds that there was no other way to acquire the needed information save through brutalization. In his answers to Udall, Preston concedes that, contrary to what the agency has argued, it can and has been established that legal methods of interrogation would have yielded the same intelligence. Is anyone still wondering why our timid President is likely to sit on the Senate Intelligence Committee report for as long as he can? Or why he will let John Brennan redact it to a fare-thee-well, if he is eventually forced to release some of it by pressure from folks who care about things like torture?
  • It does appear that the newly taciturn CIA Director Brennan has inordinate influence over the President in such matters – not unlike the influence that both DNI Clapper and NSA Director Alexander seem able to exert. In this respect, Brennan joins the dubious company of the majority of his predecessor CIA directors, as they made abundantly clear when they went to inordinate lengths to prevent their torturer colleagues from being held accountable. (Also, see “CIA Torturers Running Scared,” Sept. 20, 2009; or “Are Presidents Afraid of the CIA?” Dec. 29, 2009)
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What Obama Told Us At West Point -- Paul Craig Roberts - PaulCraigRoberts.org - 0 views

  • At West Point Obama told us, to the applause of West Point cadets, that “American exceptionalism” is a doctrine that justifies whatever Washington does. If Washington violates domestic and international law by torturing “detainees” or violates the Nuremberg standard by invading countries that have undertaken no hostile action against the US or its allies, “exceptionalism” is the priest’s blessing that absolves Washington’s sins against law and international norms. Washington’s crimes are transformed into Washington’s affirmation of the rule of law. Here is Obama in his own words: “I believe in American exceptionalism with every fiber of my being. But what makes us exceptional is not our ability to flout international norms and the rule of law; it is our willingness to affirm them through our actions.” Actions indeed. In the 21st century “American exceptionalism” has destroyed seven countries in whole or in part. Millions of people are dead, maimed, and displaced, and all of this criminal destruction is evidence of Washington’s reaffirmation of international norms and the rule of law. Destruction and murder are merely collateral damage from Washington’s affirmation of international norms.
  • “American exceptionalism” also means that US presidents can lie through their teeth and misrepresent those they choose to demonize. Listen to Obama’s misrepresentations of the Putin and Assad governments: “Russia’s aggression towards former Soviet states unnerves capitals in Europe . . . In Ukraine, Russia’s recent actions recall the days when Soviet tanks rolled into Eastern Europe .” Obama misrepresents Assad as “a dictator who bombs and starves his own people.” Did any of the cadets in Obama’s West Point audience wonder why, if Assad is a brutal dictator who bombs and starves his own people, the Syrian people are supporting Assad instead of the American-backed “liberation forces,” the combination of imported jihadists and al Qaeda fighters who object to Assad’s government because it is secular? The US military is taught to respect its civilian commander-in-chief, but if West Point cadets actually do obtain an education, it is remarkable that Obama’s audience did not break out in laughter.
  • Obama’s speech is probably the most disingenuous ever given by a Western politician. We could have fun for hours with all the crimes that Washington commits but buries in rhetoric directed at others. Perhaps my favorite is Obama evoking a world in which “individuals aren’t slaughtered because of political belief.” I am sure Obama was thinking of this just world when he murdered without due process of law four American citizens “outside of areas of active hostilities.” Another favorite is the way Obama flushed the US Constitution of its meaning. Obama said, with reference to bringing the Guantanamo prisoners to the US, that “American values and legal traditions don’t permit the indefinite detention of people beyond our borders.” No, Obama, the US Constitution prevents the indefinite detention of US citizens by the US government anywhere on earth, especially within our borders. By detaining and by murdering US citizens without due process of law, Obama has violated his oath of office and should be impeached. It was only a short time ago that President Bill Clinton was impeached by the US House of Representatives (the Senate saved him from conviction) for lying about his sexual affair with a White House intern. How times change. Today a president who violates his oath of office to protect the Constitution from enemies foreign and domestic gets a free ride. The Constitution has lost its power to protect citizens from the arbitrary power of government. The US is the Constitution. Without the Constitution the US ceases to exist, and the country becomes a tyranny, both at home and abroad.Today the US is a tyranny cloaked in the garb of “freedom and democracy.”
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  • Instead of laughing our way through Obama’s ridiculous speech to what apparently was a dumbed-down West Point graduating class, lets pay attention to Obama’s bottom line: “America must always lead on the world stage. . . . The military is, and always will be, the backbone of that leadership.” In other words, Washington doesn’t use diplomacy. Washington uses coercion. The favorite threat is: “Do as you are told or we will bomb you into the Stone Age.” Obama’s speech is a justification of Washington’s criminal actions on the grounds that Washington acts for the exceptional Americans whose exceptionalism places them and, thereby, their government above law and international norms. In this way of thinking, only the failure to prevail constitutes failure. Americans are the new ubermensch, the new master race. Inferior humans can be bombed, invaded, and sanctioned. Obama’s West Point speech asserts American superiority over all others and Washington’s determination to continue this superiority by preventing the rise of other powers. This arrogant hubris was not enough for the Washington Post editorial board. The newspaper’s editorial damned Obama for binding US power and limiting its use to “a narrow set of core interest,” such as direct threats to America.
  • The American “liberal media” object that Obama’s claim of exceptionalism is not broad enough for Washington’s purposes. Obama’s address, the Washington Post wrote, bound “US power” and “offered scant comfort” to those militarists who want to overthrow Syria, Iran, Russia, and China. The world should take note that the most militarily aggressive American president in history is considered a wimp by the neoconized American media. The media drives wars, and the American media, firmly allied with the military/security complex, is driving the world to the final war.
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    Obama's speech at West Point was indeed a gigantic slap in the face at international law and at the Constitution. http://goo.gl/icJGDz The Rule of Law is no longer a guiding light in the White House, now only an obligatory nod of nominal respect. The Imperial Presidency has announced that we are now citizens of post-constitutional America.  
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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." 
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Int'l Criminal Court's Examination of U.S. Treatment of Detainees Takes Shape | Just Se... - 0 views

  • On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in the Afghanistan conflict is under examination by her office. The statement is included in the Office of the Prosecutor’s (OTP) annual “Report on Preliminary Examination Activities,” released on the eve of the Assembly of States Parties this month.
  • In particular, the OTP is assessing the degree to which national proceedings are underway with respect to the allegations underlying the examination.  Furthermore, an affirmative determination that there is a reasonable basis to proceed with an investigation is far from a finding of strong evidence of criminal wrongdoing. Nevertheless, the appearance of the latter is surely one issue on the minds of administration officials. David Bosco, for instance, reported that “the U.S. delegation urged the court not to publish the allegations, even in preliminary form. They warned that the world would see any ICC mention of possible American war crimes as evidence of guilt, even if the court never brought a formal case.”
  • Here are the key graphs: “94. The Office has been assessing available information relating to the alleged abuse of detainees by international forces within the temporal jurisdiction of the Court. In particular, the alleged torture or ill-treatment of conflict-related detainees by US armed forces in Afghanistan in the period 2003-2008 forms another potential case identified by the Office. In accordance with the Presidential Directive of 7 February 2002, Taliban detainees were denied the status of prisoner of war under article 4 of the Third Geneva Convention but were required to be treated humanely. In this context, the information available suggests that between May 2003 and June 2004, members of the US military in Afghanistan used so-called “enhanced interrogation techniques” against conflict-related detainees in an effort to improve the level of actionable intelligence obtained from interrogations. The development and implementation of such techniques is documented inter alia in declassified US Government documents released to the public, including Department of Defense reports as well as the US Senate Armed Services Committee’s inquiry. These reports describe interrogation techniques approved for use as including food deprivation, deprivation of clothing, environmental manipulation, sleep adjustment, use of individual fears, use of stress positions, sensory deprivation (deprivation of light and sound), and sensory overstimulation.
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  • The Prosecutor proceeds in 4 phases within any preliminary examination: (1) an initial assessment to analyze the seriousness of information received; (2) a jurisdictional analysis – the formal commencement of an examination involving “a thorough factual and legal assessment” of whether there is “a reasonable basis to believe that the alleged crimes fall within the subject-matter jurisdiction of the Court;” (3) an admissibility determination – assessing whether the gravity of the crimes or prospect of national investigations and prosecutions preclude the need for the ICC to proceed ; (4) prudential considerations — determining whether an investigation would serve the “interests of justice.” It appears that the examination of U.S. detention operations has reached the third phase and crossed over the important threshold of a finding that there is a reasonable basis to believe U.S. forces committed war crimes within the jurisdiction of the Court. Heller posited that some aspects of the Prosecutor’s Afghanistan examination had already reached this stage in 2013. The 2014 report provides further corroboration specifically with respect to U.S. detention practices. For example, paragraph 96 of the 2014 report states that the Office of the Prosecutor is now “analysing the relevance and genuineness of national proceedings by the competent national authorities for the alleged conduct described above as well as the gravity of the alleged crimes”—clearly a phase three inquiry. That said, paragraph 96 also states that the Office is “continuing to assess the seriousness and reliability of such allegations”—which sounds like phase two and even phase one.
  • 95. Certain of the enhanced interrogation techniques apparently approved by US senior commanders in Afghanistan in the period from February 2003 through June 2004, could, depending on the severity and duration of their use, amount to cruel treatment, torture or outrages upon personal dignity as defined under international jurisprudence. In addition, there is information available that interrogators allegedly committed abuses that were outside the scope of any approved techniques, such as severe beating, especially beating on the soles of the feet, suspension by the wrists, and threats to shoot or kill. 96. While continuing to assess the seriousness and reliability of such allegations, the Office is analysing the relevance and genuineness of national proceedings by the competent national authorities for the alleged conduct described above as well as the gravity of the alleged crimes.
  • The OTP is considering whether the war crimes of cruel treatment, torture or outrages upon personal dignity were committed by U.S. forces. Article 8 of the ICC statute places something of a qualification on the jurisdiction of the Court over war crimes. It states that the Court shall have jurisdiction over war crimes “in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.” In 2013, the Prosecutor’s annual report stated that the Office “continues to seek information to determine whether there is any reasonable basis to believe any such alleged acts, which could amount to torture or humiliating and degrading treatment, may have been committed as part of a policy.” That reference to the “as a part of policy” qualification does not appear in the 2014 report. And, on the contrary, the 2014 report highlights elements that indicate the existence of a policy such as the Presidential Directive of 7 February 2002 on the determination of POW status and the senior US commanders’ approval of interrogation techniques.
  • Will bilateral agreements between the US and Afghanistan preclude the ICC from investigating or prosecuting “U.S. persons”? One final question that might arise from these proceedings is the legal viability of the bilateral agreement between the United States and Afghanistan regarding the surrender of persons to the International Criminal Court (full text).  Since the case arises out of Afghanistan’s status under the ICC treaty, the United States might try to claim that the bilateral agreement provides US nationals and employees immunity for actions that took place in Afghanistan. I have briefly discussed the legal viability of such article 98 agreements in an  earlier post at Just Security.
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Senate Foreign Relations Committee Approves ISIL AUMF and Sunset of 2001 AUMF | Just Se... - 0 views

  • On Thursday, the Senate Foreign Relations Committee approved a draft authorization for the use of military force (AUMF) against ISIL (full text) by a margin of 10-8 along party lines. The text also includes an amendment that would sunset the 2001 AUMF in three-years. Most of today’s news headlines will be focused on the authorization to fight ISIL—and we will have plenty of discussion about it at Just Security. But the sunset of the 2001 AUMF is highly significant in its own right – and it should be welcome news to a wide range of national security law experts across the political spectrum, as Jack Goldsmith, Steve Vladeck, and I discussed in an  Op-Ed in the Washington Post. (Indeed, a sunset of the 2001 AUMF is endorsed by the Principles for drafting an ISIL AUMF published at Just Security and a proposed AUMF published at Lawfare.)
  • The action on the 2001 sunset was a bit of a surprise because  Sen. Menendez’s draft ISIL AUMF did not originally include a provision to sunset the 2001 AUMF. Nor did Sen. Tim Kaine’s similar draft AUMF. Both Senators Menendez and Kaine, however, spoke strongly in favor of the amendment today (and I applaud them for that). The action on the 2001 AUMF is significant as a potential turning point in the armed conflict with Al Qaeda. In his National Defense University speech in May 2013, President Obama called for refining and eventually repealing the 2001 AUMF when conditions permit. He stated: “I look forward to engaging Congress and the American people in efforts to refine, and ultimately repeal, the [2001] AUMF’s mandate.” Placing a sunset on the 2001 AUMF has been a key plank in Harold Koh’s position, in testimony and in Just Security posts (here and here), outlining how the President can bring an eventual end to the “Forever War.” Another part of that roadmap includes disengaging from Afghanistan. It is notable that today’s decision on the 2001 sunset also comes on the heels of yesterday’s news of the closure of the detention facility at the Bagram Airfield in Afghanistan. At least these aspects of the armed conflict with Al Qaeda and the Taliban may be winding down or narrowing, albeit while the conflict with ISIL heats up.
  • Increase transparency. Neither Congress nor the American public has a clear idea whom the United States is fighting or where, especially when it comes to forces associated with al-Qaeda. Any new AUMF should require the president to identify the groups against which force is used, along with related details, regularly in a report to Congress and, unless strictly required by national security, the American people. The president should also share with Congress, and the public to the extent possible, the administration’s legal rationales for using force. Such transparency rules should also be imposed on the 2001 AUMF … Congress should also consider imposing these transparency requirements on uses of force against terrorists under the president’s Article II powers. 3) Geographic limits on ISIL AUMF Sen. Rand Paul proposed an amendment to limit the ISIL AUMF so that the authorization to use force does not apply “outside of the geographic boundaries of Iraq and Syria.” He explained that if ISIL moves some of its forces outside of Iraq and Syria, the administration could return to Congress for additional authorities. That amendment was defeated in a separate vote. With a group of seven other national security law experts, I have supported geographic limits on an ISIL AUMF, but not as restrictive as the limits that Sen. Paul proposes. Our set of Principles recommend Congress to authorize force in Iraq and Syria as well as “any other locations from which ISIL forces actively plan and/or launch attacks against the United States or Iraq.” As Sen. Paul noted, a recent study found that 60 percent of congressional force authorizations have contained geographic limitations.
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  • Three points deserve special mention: 1) A caveat: “revise” not “repeal” Senators who spoke during the Committee’s meeting in favor of the amendment to sunset the 2001 AUMF did not describe the provision as an opportunity to repeal the AUMF but to “refine,” “reevaluate,” or reconsider it three years from now. 2. A missed opportunity for transparency? The ISIL AUMF includes a robust set of transparency and reporting requirements. This is good news. But, while we are in the business of applying such reporting requirements to the fight with ISIL, what’s the possible justification for not applying them to the fight with Al-Qaeda as well? As Jack Goldsmith, Steve Vladeck and I wrote in our Op-Ed (emphasis added):
  • Although Congress will likely not vote on today’s initiative before the end of the current term, there is no mistaking today’s historically significant moment with respect to both the limit on the 2001 AUMF and the authority to use force against ISIL more broadly. Today’s approval of the draft ISIL AUMF places an important marker for discussions in the 114th Congress.
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The Mysterious Case of Prisoner 212 - The Intercept - 0 views

  • Researchers and reporters had long counted the total number of prisoners who cycled through Guantanamo at 779, but the Senate intelligence committee’s report on CIA torture revealed that there was one more previously unknown detainee. Ibn al-Shaykh al-Libi, also known as prisoner 212, was held at a secret black site at Guantanamo Bay, according to the report, bringing the total number of detainees to 780. That al-Libi was held by the CIA is long established.  After all, al-Libi’s name is notorious as the source of bad information used by the Bush administration to tie Saddam Hussein to Al-Qaeda to support the US invasion of Iraq — information he provided while being tortured in Egyptian custody, and later recanted. More than a single digit change in the tally, al-Libi’s hitherto unknown presence at Guantanamo underscores how much remains unknown about the total number of detainees and their fates. The Senate report includes a list of 119 men– a rare official disclosure of the individuals held and in many cases tortured by the CIA. Only a fraction of those had previously been acknowledged as CIA detainees, though journalists and human rights groups had pieced together the population of prisoners from disclosures about Guantanamo, leaked documents, and court proceedings.
  • The black sites in the Senate report are identified by color code names, but journalists and human rights groups quickly identified them. As the Miami Herald’s Carol Rosenberg first noted, the report confirms that al-Libi was at one of Guantanamo’s black sites—“Maroon” and “Indigo” in the report. Al-Libi was secreted away from Guantanamo in 2004 along with four other so-called high value detainees, before the Supreme Court determined that prisoners at the naval base had the right to challenge their detention. Disappearing those detainees gave the CIA leeway to continue secret interrogations outside the view of any court system. Al-Libi ultimately ended up in prison in Libya, where he died in 2009. The Senate report doesn’t cover everyone caught up in the CIA’s net. The Open Society Foundations, for example, published a report last year detailing 136 cases of individuals suspected to have been detained or rendered by the CIA. The Senate report misses some high-profile cases, however, because it didn’t include rendition — when the CIA handed prisoners over to third countries for interrogation or imprisonment. (As the Intercept’s Peter Maass noted last week, it also doesn’t touch on detainee abuse by the military.)
  • According to the Intercept’s research, there are still 50 former CIA prisoners named by Senate investigators whose fates are unknown, and who have not, to our knowledge, spoken to the media or human rights groups. If you have any information about the names listed here, email the authors at cora.currier@theintercept.com or margot.williams@theintercept.com, or communicate with us anonymously via SecureDrop.
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The Woman at the Center of the C.I.A.'s Torture Report - 0 views

  • or the past eight months, there has been a furious battle raging behind closed doors at the White House, the C.I.A., and in Congress. The question has been whether the Senate Select Committee on Intelligence would be allowed to use pseudonyms as a means of identifying characters in the devastating report it released last week on the C.I.A.’s abusive interrogation and detention program. Ultimately, the committee was not allowed to, and now we know one reason why. The NBC News investigative reporter Matthew Cole has pieced together a remarkable story revealing that a single senior officer, who is still in a position of high authority over counterterrorism at the C.I.A.—a woman who he does not name—appears to have been a source of years’ worth of terrible judgment, with tragic consequences for the United States. Her story runs through the entire report. She dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.
  • Had the Senate Intelligence Committee been permitted to use pseudonyms for the central characters in its report, as all previous congressional studies of intelligence failures, including the widely heralded Church Committee report in 1975, have done, it might not have taken a painstaking, and still somewhat cryptic, investigation after the fact in order for the American public to hold this senior official accountable. Many people who have worked with her over the years expressed shock to NBC that she has been entrusted with so much power. A former intelligence officer who worked directly with her is quoted by NBC, on background, as saying that she bears so much responsibility for so many intelligence failures that “she should be put on trial and put in jail for what she has done.” Instead, however, she has been promoted to the rank of a general in the military, most recently working as the head of the C.I.A.’s global-jihad unit. In that perch, she oversees the targeting of terror suspects around the world. (She was also, in part, the model for the lead character in “Zero Dark Thirty.”)
  • Amazingly, perhaps, more than thirteen years after the 9/11 attacks, no one at the C.I.A. has ever been publicly held responsible for this failure. Evidently, the C.I.A. was adamant in its negotiations with the White House and the Senate Intelligence Committee that the American public never learn the names of anyone directly involved in this failure.
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  • According to sources in the law-enforcement community who I have interviewed over the years, and who I spoke to again this week, this woman—whose name the C.I.A. has asked the news media to withhold—had supervision over an underling at the agency who failed to share with the F.B.I. the news that two of the future 9/11 hijackers had entered the United States prior to the terrorist attacks.
  • As NBC recounts, this egregious chapter was apparently only the first in a long tale, in which the same C.I.A. official became a driving force in the use of waterboarding and other sadistic interrogation techniques that were later described by President Obama as “torture.” She personally partook in the waterboarding of Khalid Sheikh Mohammed, the architect of the 9/11 attacks, at a black site in Poland. According to the Senate report, she sent a bubbly cable back to C.I.A. headquarters in 2003, anticipating the pain they planned to inflict on K.S.M. in an attempt to get him to confirm a report from another detainee, about a plot to use African-American Muslims training in Afghanistan for future terrorist attacks. “i love the Black American Muslim at AQ camps in Afghanuistan (sic). … Mukie (K.S.M.) is going to be hatin’ life on this one,” she wrote, according to the report. But, as NBC notes, she misconstrued the intelligence gathered from the other detainee. Somehow, the C.I.A. mistakenly believed that African-American Muslim terrorists were already in the United States. The intelligence officials evidently pressed K.S.M. so hard to confirm this, under such physical duress, that he eventually did, even though it was false—leading U.S. officials on a wild-goose chase for black Muslim Al Qaeda operatives in Montana. According to the report, the same woman oversaw the extraction of this false lead, as well as the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity. Later, in 2007, she accompanied then C.I.A. director Michael Hayden to brief Congress, where she insisted forcefully that the torture program had been a tremendous and indispensable success.
  • Readers can speculate on how the pieces fit together, and who the personalities behind this program are. But without even pseudonyms, it is exceedingly hard to connect the dots. It seems entirely possible—though, again, one can only speculate—that the C.I.A. overcompensated for its pre-9/11 intelligence failures by employing overly harsh measures later. Once they’d made a choice that America had never officially made before—of sanctioning torture—it seems possible that they felt they had to defend its efficacy, despite mounting evidence to the contrary. If so, this would be worth learning. But without names, or even pseudonyms, it is almost impossible to piece together the puzzle, or hold anyone in the American government accountable. Evidently, that is exactly what the C.I.A. was fighting for during its eight-month-long redaction process, behind all those closed doors.
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Meet Alfreda Bikowsky, the Senior Officer at the Center of the CIA's Torture Scandals -... - 0 views

  • NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous. The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency. The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.
  • The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.” NBC, while withholding her identity, noted that the same unnamed officer “also participated in ‘enhanced interrogations’ of self-professed 9/11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.” The New Yorker‘s Jane Mayer, writing yesterday about the NBC article, added that the officer “is still in a position of high authority over counterterrorism at the C.I.A.” This officer, Mayer noted, is the same one who “dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.” Mayer also wrote that the officer is “the same woman” identified in the Senate report who oversaw “the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity.”
  • Both news outlets withheld the name of this CIA officer even though her identity is widely known among journalists, and her name has been used by various media outlets in connection with her work at the CIA. Both articles cited requests by the CIA not to identify her, even though they provided details making her identity clear. In fact, earlier this year, The Washington Post identified Bikowsky by name, describing her as a CIA analyst “who was tied to a critical intelligence-sharing failure before the Sept. 11, 2001, attacks and the botched 2003 ‘rendition’ of an innocent German citizen thought to be an al-Qaeda operative.” That Post report led to both McClatchy and independent journalist Marcy Wheeler raising questions about the propriety of Bikowsky’s former personal lawyer, Robert Litt, playing a key role in his current capacity as a top government lawyer in deciding which parts of the torture report should be released. The McClatchy article identified Bikowsky by name as the officer who “played a central role in the bungled rendition of Khaled el-Masri. El-Masri, who was revealed to be innocent, claimed to have been tortured by the agency.” El-Masri, a German citizen who was kidnapped from Macedonia and tortured by the CIA in Afghanistan, was released in 2003 after it was revealed he was not involved in al Qaeda.
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Al Nusrah Front announces detention of 45 UN peacekeepers - The Long War Journal - 0 views

  • In a statement released on its official Twitter feed on Aug. 30, the Al Nusrah Front announced its responsibility for the detention of 45 members of the United Nations Disengagement Observer Force (UNDOF). The peacekeepers were captured during recent fighting at the Quneitra border crossing, which connects Syria to the Israeli-controlled portion of the Golan Heights. The key crossing was captured by a coalition of rebel forces, including the Al Nusrah Front, earlier this week. The announcement by Al Nusrah, which is al Qaeda's official branch in Syria, was first obtained and translated by the SITE Intelligence Group. Al Nusrah attempts to justify the capture of the men by arguing that the UN has failed to support the Syrian people during the rebellion against Bashar al Assad's regime. The al Qaeda branch also accuses the UN of looking the other way when it comes to Assad's crimes.
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    Much more detail in the article. War Party content alert: the article appears on a web site operated as a project of a non-profit organization whose chairman of the board is ex-CIA director R. James Woolsey. a War Party stalwart. 
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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
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The disappeared: Chicago police detain Americans at abuse-laden 'black site' | US news ... - 0 views

  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
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  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • Brian Jacob Church, a protester known as one of the “Nato Three”, was held and questioned at Homan Square in 2012 following a police raid. Officers restrained Church for the better part of a day, denying him access to an attorney, before sending him to a nearby police station to be booked and charged.
  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • “Homan Square is definitely an unusual place,” Church told the Guardian on Friday. “It brings to mind the interrogation facilities they use in the Middle East. The CIA calls them black sites. It’s a domestic black site. When you go in, no one knows what’s happened to you.”
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution. “This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution.
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Confession of Former Russian Officer in Nemtsov Slaying could prompt Mole-Hunt | nsnbc ... - 0 views

  • The Moscow Basmanny Court, on Sunday, sanctioned the detention of three additional suspects in the case of the murder of Russian politician Boris Nemtsov. Meanwhile, Daur Dadayev , a former Chechen officer pleaded guilty for his involvement. The developments prompt the President of the Russian Federation’s Republic of Chechnya, Ramzan Kadyrov, to launch a probe into the republics security services and a probe to identify what may have motivated Dadayev, whom he knew as a loyal officer, to get involved in the crime. The three additional suspects whose arrest was sanctioned by Moscow’s Basmanny Court are Khamzad Bakhayev, Tamerlan Eskerkhanov and Shagid Gubashev, reported the Russian Tass news agency.
  • The Court stated that it reached the conclusion to support the investigators’ request after having reviewed the materials presented to the court. Gubachev was arrested on March 7 while Eskerkhanov and Bakhayev were arrested on March 8. The three were charged under Articles 105 and 222 of the Russian Federation’s Criminal Code, involving the murder committed by a group of persons, in collusion, and for reasons of money, as well as with robbery, extortion and banditry and the illegal possession or transfer of weapons. The Court justifies their detention on the grounds that the suspects could flee and possibly attempt to destroy evidence.
  • Judge Natalya Mushnikova was quoted by Tass as saying that “Zaur Dadayev’s involvement has been confirmed by his confession”. The Court would not provide details about Dadayev’s alleged or confessed role in the murder of RPR-Psarnas party Co-Chair Boris Nemtsov during the night from February 27 to 28. Dadayev’s arrest and confession prompted the President of the Russian Federation’s Republic of Chechnya, Ramzan Kadyrov, to order an investigation into the Dadayev’s past. President Kadyrov stressed that he remembered Dadayev as a true Russian patriot. The Tass news agency quoted the Chechen Republic’s President as stating: “I have known Zaur as a true patriot of Russia. … Zaur was one of the bravest men in the regiment. … He displayed particular courage in an operation against a large group of terrorists near Benoi. He was awarded the Order of Courage, and medals For Bravery and For Services to the Chechen Republic. I am certain that he was sincerely dedicated to Russia and prepared to give his life for the Motherland. The real reasons and motives behind Dadayev’s dismissal from the Russian Interior Ministry troops are unclear to me.
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  • … I have instructed Chechnya’s Security Council Secretary Vakhit Usmayev to conduct a thorough investigation of Zaur Dadayev’s resignation and to scrutinize his behavior and morale on the eve of leaving the service. … In any case, if Dadayev’s guilt is established in court, it will have to be admitted that by taking a human life he committed a grave crime. But I must say once again that he would have never taken a single step against Russia, for the sake of which he had risked his own life for many years. Beslan Shavanov, the man killed during an attempt to detain him, was a brave soldier, too. We hope that a thorough investigation will follow to show if Dadayev is really guilty, and if yes, what was the real reason behind his actions.”.
  • Western and Arab Support of Terrorists could justify a Mole-Hunt in the Russian Federation’s Security Services. Chechen and Ingushetian Islamist terrorist organizations are known for their close ties to foreign intelligence services. In 2013 the then Chief of Saudi Arabia’s Intelligence, Prince Bandar admitted that Saudi Arabia uses and controls Chechen and other Caucasian terrorists promising President Putin “a safe Winter Olympic Games in Sochi” in exchange for Russian willingness to have a Saudi-friendly regime installed in Syria. The released minutes of the meeting between Putin and Bandar quote Bandar as saying: “I can give you a guarantee to protect the Winter Olympics in the city of Sochi on the Black Sea next year. The Chechen groups that threaten the security of the games are controlled by us, and they will not move in the direction of the Syrian territory without coordinating with us. These groups don´t scare us. We use them in the face of the Syrian regime but they will have no role or influence in Syria´s political future”.
  • Chechen President Ramzan Kadyrov, for his part, has previously accused U.S. intelligence officials, including David Petraeus, for involvement in “flipping” detainees at Camp Bucca and at black CIA sites, including Caliph Ibrahim of the self-proclaimed Islamic State (ISIS / ISIL) Al-Baghdadi, a.k.a. Al-Badri or Caliph Ibrahim. In Helsinki, the capital of Finland the Kavkaz Center is maintaining a “pro-Caucasus Emirate” website. The Center provided PR support to the now deceased terrorist leader Doku Umarov and his terrorist network. Umarov would threaten to disrupt the 2014 Sochi Winter Olympic Games before he was killed in an explosion. U.S. Civil Society organizations as well as CIA and JSOC fronts like USAID and the National Endowment for Democracy (NED) are known for their support of “Caucasian Rebels or Freedom Fighters”.
  • A shortlist of the civil society organizations which have been implicated in supporting Russian terrorist organizations includes the Jamestown Foundation, the United States-Chechen Republic Alliance Inc., the American Committee for Peace in the Caucasus (ACPC), Freedom House, the Open Society Foundation, funded by George Soros, among many others.
  • he former U.S. National Security Adviser Zbigniev Brzezinski is generally known as one of the main enablers and sponsors of the “Chechen Representation in the United States” led by Alisher Usmanov. Brzezinsky, for his part, is strongly supported by Rockefeller Foundation money. Brzezinski is according to several analysts pathologically obsessed with dividing Russia into at least six separate States” to reign in Moscow under the umbrella of a U.S. hegemony. It is noteworthy that Boris Nemtsov and the RPR-Psarnas party had close ties to the National Endowment of Democracy (NED). In 2012, Russian President Vladimir Putin would state that “he knows as a meter of fact” that especially foreign-backed organizations, over the last ten years, have used the strategy to sacrifice one of their own to create a martyr”. (see video)
  • The alleged involvement of Chechen and Ingushetian nationals in the murder of Boris Nemtsov and the confession of the former Interior Ministry officer Dadayev is not unlikely to prompt in-depth “mole-hunt” operations in the federal and national Russian, Chechen, Ingushetian and other security forces as well as mole-hunts in foreign-backed NGO’s.
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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.  
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Africa's possible Exit from the ICC | nsnbc international - 0 views

  • Several African nations, first and foremost South Africa, have signaled that AU member States have no advantage from being bound by the Rome Statutes and the International Criminal Court (ICC). The development comes in response to what a growing number of African policy makers denounce as the ICC’s selective prosecution and the ICC being an impediment to conflict resolution.
  • South Africa’s governing African National Congress is trailblazing a development that could result in South Africa’s and eventually African Union (AU) member States’ withdrawal from the Rome Statute and the International Criminal Court (ICC). This month, former South African President Thabo Mbeki gave a lecture at the 2015 Tmali Alumni Forum that reflects a growing consensus among African nations. That is, that the ICC is notorious for selective prosecution, and especially for the prosecution of African and other political leaders and nationals from States with a policy that opposes the western neo-colonialist discourse.
  • Mbeki would also stress that the ICC is an impediment to conflict resolution on the African continent. Mbeki stressed the example of the ousted Ivorian President Laurent Gbagbo. Gbagbo was ousted by a clearly French-backed coup d’état in 2010. Gbagbo has since been extradited to The Hague.
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  • The ousted President is still being held in pre-trial detention. Mbeki stressed that the presence of Gbagbo was crucial for national reconciliation in Ivory Coast. Mbeki would add that there are several indicators that suggest that a civil war could erupt during the upcoming elections in the country, and that the ICC’s detention of Gbagbo threatens the country’s stability and is an impediment to national reconciliation. It is noteworthy that Ivory Coast, as a former French colony, is a member of the UMEOA (UEMOA). The economies of the monetary union’s African constituents is dominated and to a large degree dictated by France. Several analysts argue that Gbagbo’s downfall came due to his ambitions to set an end to what is widely known a French Finance Nazism. One of the latest controversies between South Africa, the ICC and several dominant western powers focused on what the ICC touted as South Africa’s failure to arrest and extradite Sudanese President Omar al-Bashir. The South African and multiple other African governments in return, would argue that al-Bashir traveled to South Africa as President and representative of Sudan, enjoying diplomatic immunity. Another widely voiced objection to the ICC is that core permanent UN Security Council members USA, Russia and China are not subject to the provisions of the Rome Statute while the USA is among the first to call for prosecutions at the ICC. The ICC is, arguably, the plaything of superpowers and an extension of both colonialism and of Yalta.
  • AU member States, quitting the Rome Statute and ICC membership would be one step into a direction that may lead to increased independence from superpowers. Historical precedence has shown that it is a hazardous undertaking to challenge any superpower. The question is, how will South Africa and the AU play their cards and whether they play them in a manner that leads to sovereignty, or whether they play them in a manner that continues the post-Yalta hegemonic world that is euphemistically sold as a multi-polar world.
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Shaker Aamer, Last British Guantanamo Detainee Released - 0 views

  • Shaker Aamer, the last British resident in Guantanamo Bay, was released on Friday after being detained without charge for almost 14 years.On September 25th, U.S. and U.K. authorities confirmed that Aamer was to be returned to the U.K. within days. The release comes after Aamer endured well over a decade of torture, detention without charge or trial, and solitary confinement. Aamer’s high profile case has highlighted everything that is wrong with the war on terror — detention without charge or trial, government complicity in torture and lack of accountability for war crimes, gross obstruction of justice, and the humiliating and dehumanising treatment of detainees.A keen community worker and U.K. resident, Aamer is married to a British woman and four British children living in London. He was volunteering for a charity in Afghanistan in 2001 when he was abducted and sold for a bounty to U.S. forces. He was tortured, eventually cracking and agreeing to his captors’ accusations against him. Satisfied with the confession of an abused and broken man, U.S. forces took him to Guantánamo Bay on Valentine’s Day 2002.In a September Daily Mail piece entitled “Torture and the man who could expose Britain’s dirtiest secrets,” journalist Peter Oborne said, “My view is that Mr Aamer may have paid the price for knowing too much. The CIA had very good reason to be terrified of what he might reveal when he emerged from jail.”
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    "And the King will answer them, 'Truly, I say to you, as you did it to one of the least of these my brothers, you did it to me." --- Matthew 25:40. 
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Sweden Drops Rape Investigation Of Julian Assange - 0 views

  • Swedish prosecutors dropped the rape investigation into WikiLeaks founder Julian Assange on Friday, saying the investigation had not been able to proceed because of legal obstacles. “We are not making a statement about his guilt,” Swedish Chief Prosecutor Marianne Ny said. Assange, 45, has lived in the Ecuadorean Embassy in London since 2012 when he took refuge to avoid extradition to Sweden over the rape allegations. He feared Sweden would hand him over to the United States to face prosecution for information leaks as thousand of classified military and diplomatic documents were published by WikiLeaks. Ecuador’s government welcomed the decision by Sweden, but said it was long overdue.
  • Assange’s lawyer Per Samuelson said the drop of the investigation is a “total victory” for them.   “The preliminary investigation has been dropped and the detention order has been withdrawn, and from Sweden’s point of view this is now over,” Samuelson told Reuters. Ny added that the investigation could be reopened if Assange came to Sweden before the statute of limitations deadline for rape allegation in 2020. After a 7-year stand-off with Sweden, Assange may still not be able to leave the Ecuadorean embassy. British police said if Assange were to leave the embassy, it was still their obligation to arrest him. But the British government has not commented on whether the United States had made a request to extradite Assange. “Given that the European arrest warrant no longer holds, Ecuador will now be intensifying its diplomatic efforts with the U.K. so that Julian Assange can gain safe passage in order to enjoy his asylum in Ecuador,” said Long. “Westminster Magistrates’ Court issued a warrant for the arrest of Julian Assange following him failing to surrender to the court on the 29 June 2012,” British police said. “The Metropolitan Police Service is obliged to execute that warrant should he leave the Embassy.” The United Nations has decried the unfair treatment of Assange, declaring that he was being arbitrarily detained and that his human rights were being violated. Professor Mads Andenas, chair of the U.N. Working Group on Arbitrary Detention, also welcomed the decision to drop the investigation. “This is a victory for the rule of law,” said Andenas. “The warrant was contestable.”
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Washington Gets Explicit: Its 'War on Terror' is Permanent - 0 views

  • On Thursday, the Senate Armed Services Committee held a hearing on whether the statutory basis for this "war" - the 2001 Authorization to Use Military Force (AUMF) - should be revised (meaning: expanded). This is how Wired's Spencer Ackerman (soon to be the Guardian US's national security editor) described the most significant exchange: "Asked at a Senate hearing today how long the war on terrorism will last, Michael Sheehan, the assistant secretary of defense for special operations and low-intensity conflict, answered, 'At least 10 to 20 years.' . . . A spokeswoman, Army Col. Anne Edgecomb, clarified that Sheehan meant the conflict is likely to last 10 to 20 more years from today - atop the 12 years that the conflict has already lasted. Welcome to America's Thirty Years War." That the Obama administration is now repeatedly declaring that the "war on terror" will last at least another decade (or two) is vastly more significant than all three of this week's big media controversies (Benghazi, IRS, and AP/DOJ) combined. The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of "endless war". Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.
  • It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war - justified in the name of stopping the threat of terrorism - that is the single greatest cause of that threat.
  • I wrote that the "war on terror" cannot and will not end on its own for two reasons: (1) it is designed by its very terms to be permanent, incapable of ending, since the war itself ironically ensures that there will never come a time when people stop wanting to bring violence back to the US (the operational definition of "terrorism"), and (2) the nation's most powerful political and economic factions reap a bonanza of benefits from its continuation. Whatever else is true, it is now beyond doubt that ending this war is the last thing on the mind of the 2009 Nobel Peace Prize winner and those who work at the highest levels of his administration. Is there any way they can make that clearer beyond declaring that it will continue for "at least" another 10-20 years? The genius of America's endless war machine is that, learning from the unplesantness of the Vietnam war protests, it has rendered the costs of war largely invisible. That is accomplished by heaping all of the fighting burden on a tiny and mostly economically marginalized faction of the population, by using sterile, mechanized instruments to deliver the violence, and by suppressing any real discussion in establishment media circles of America's innocent victims and the worldwide anti-American rage that generates. Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms, as Americans are told they must sacrifice Social Security and Medicare benefits and place their children in a crumbling educational system, the Pentagon remains the world's largest employer and continues to militarily outspend the rest of the world by a significant margin. The mythology of the Reagan presidency is that he induced the collapse of the Soviet Union by luring it into unsustainable military spending and wars: should there come a point when we think about applying that lesson to ourselves?
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  • Then there are the threats to Americans' security. Having their government spend decades proudly touting itself as "A Nation at War" and bringing horrific violence to the world is certain to prompt more and more people to want to attack Americans, as the US government itself claims took place just recently in Boston (and as clearly took place multiple other times over the last several years). And then there's the most intangible yet most significant cost: each year of endless war that passes further normalizes the endless rights erosions justified in its name. The second term of the Bush administration and first five years of the Obama presidency have been devoted to codifying and institutionalizing the vast and unchecked powers that are typically vested in leaders in the name of war. Those powers of secrecy, indefinite detention, mass surveillance, and due-process-free assassination are not going anywhere. They are now permanent fixtures not only in the US political system but, worse, in American political culture. Each year that passes, millions of young Americans come of age having spent their entire lives, literally, with these powers and this climate fixed in place: to them, there is nothing radical or aberrational about any of it. The post-9/11 era is all they have been trained to know. That is how a state of permanent war not only devastates its foreign targets but also degrades the population of the nation that prosecutes it.
  • Just to convey a sense for how degraded is this Washington "debate": Obama officials at yesterday's Senate hearing repeatedly insisted that this "war" is already one without geographical limits and without any real conceptual constraints. The AUMF's war power, they said, "stretches from Boston to the [tribal areas of Pakistan]" and can be used "anywhere around the world, including inside Syria, where the rebel Nusra Front recently allied itself with al-Qaida's Iraq affiliate, or even what Sen. Lindsey Graham (R-SC) called 'boots on the ground in Congo'". The acting general counsel of the Pentagon said it even "authorized war against al-Qaida's associated forces in Mali, Libya and Syria". Newly elected independent Sen. Angus King of Maine said after listening to how the Obama administration interprets its war powers under the AUMF: This is the most astounding and most astoundingly disturbing hearing that I've been to since I've been here. You guys have essentially rewritten the Constitution today."
  • In response to that, the only real movement in Congress is to think about how to enact a new law to expand the authorization even further. But it's a worthless and illusory debate, affecting nothing other than the pretexts and symbols used to justify what will, in all cases, be a permanent and limitless war. The Washington AUMF debate is about nothing other than whether more fig leafs are needed to make it all pretty and legal. The Obama administration already claims the power to wage endless and boundless war, in virtually total secrecy, and without a single meaningful check or constraint. No institution with any power disputes this. To the contrary, the only ones which exert real influence - Congress, the courts, the establishment media, the plutocratic class - clearly favor its continuation and only think about how further to enable it. That will continue unless and until Americans begin to realize just what a mammoth price they're paying for this ongoing splurge of war spending and endless aggression.
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The Torture Chronicle | The American Conservative - 0 views

  • If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions. Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.
  • The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.
  • What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce. The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror.
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  • There are also other good reasons to oppose torture and torture by proxy through CIA rendition. Most people and governments worldwide believe that torture is immoral, a view that is generally shared by most Americans. Legally there is also a long tradition condemning torture. German and Japanese officers were executed after the Second World War for torturing prisoners and the principle was firmly established that torture, specifically including waterboarding, is a war crime. The US is signatory to the UN’s anti-torture convention and both the United States Code and specific acts of congress require prosecution of any government employee engaging in such activity. In practical terms, torture also opens up a door that should never be opened by anyone who genuinely cares about US soldiers, diplomats, and intelligence officers stationed at their peril around the world. To put it succinctly, if we do it to them, they will do it to us.
  • Torture advocates have assiduously cultivated a number of myths, most prominent of which is the “ticking time bomb.” This is a particular favorite of the redoubtable Alan Dershowitz and a number of prominent neocons. It goes like this – a terrorist is captured who has knowledge of an impending attack on a major civilian target, but he won’t cooperate. How to get the information?  Simple. Get an accommodating judge to issue a legal finding that enables you to torture him until he talks, thereby saving lives of innocent civilians. The only problem with the Dershowitz narrative is that there has never been an actual ticking time bomb. No terrorist has ever been captured, subjected to torture, and provided information that foiled an attack, not even in Israel where routine torture of suspected terrorists captured in flagrante used to be the case (but is now illegal). Advocating a policy of torture, with all that entails, based on a “what if” is fighting evil with more evil, not a solution.
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    The "ticking time bomb" justification for extraordinary rendition and torture holds no water under the U.S. Constitution. Consider the situation of a person suspected of kidnapping a child who may still be alive; might government lawfully discard the suspect's right to remain silent, the presumption of innocence, and the right to trial by jury in order to torture the suspect for information about the child's whereabouts? Our Constitution commands otherwise. 
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MoD pays out millions to Iraqi torture victims | Law | The Guardian - 0 views

  • The Ministry of Defence has paid out £14m in compensation and costs to hundreds of Iraqis who complained that they were illegally detained and tortured by British forces during the five-year occupation of the south-east of the country.Hundreds more claims are in the pipeline as Iraqis become aware that they are able to bring proceedings against the UK authorities in the London courts.
  • Lawyers representing former prisoners of the British military say that more than 700 further individuals are likely to make claims next year.Most of those compensated were male civilians who said they had been beaten, deprived of sleep and threatened before being interrogated by British servicemen and women who had detained them on suspicion of involvement in the violent insurgency against the occupation. Others said that they suffered sexual humiliation and were forced into stress positions for prolonged periods.
  • Many of the complaints arise out of the actions of a shadowy military intelligence unit called the Joint Forward Interrogation Team (Jfit) which operated an interrogation centre throughout the five-year occupation. Officials of the International Committee of the Red Cross complained about the mistreatment of detainees at Jfit not long after it was first established.Despite this, the interrogators shot hundreds of video films in which they captured themselves threatening and abusing men who can be seen to be bruised, disoriented, complaining of starvation and sleep deprivation and, in some cases, too exhausted to stand unaided.
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  • During proceedings brought before the high court in London, lawyers representing the former Jfit prisoners suggested the interrogation centre could be regarded as "Britain's Abu Ghraib".
  • Next month, the high court will hear a judicial review of the MoD's refusal to hold a public inquiry into the abuses. Human rights groups and lawyers for the former prisoners say the UK government is obliged to hold an inquiry to meet its obligations under the European convention on human rights – and particularly under article three of the convention, which protects individuals from torture.After a hearing, the high court highlighted matters supporting the allegations of systemic abuse. These included:• The same techniques being used at the same places for the same purpose: to assist interrogation.• The facilities being under the command of an officer.• Military doctors examining each prisoner at various stages in their detention.• Investigations by the Royal Military police that were concluded without anyone being held to account.
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    The Brits at least have the decency to attempt to make amends for its soldiers who tortured prisoners. Not so in the U.S. *Every* "war on terror" detainee who has filed a case for damages in the U.S. has been thrown out of court at the government's request, usually on grounds of the State Secrets privilege. It is a sad situation that our courts allow government secrecy about unlawful conduct to trump individual rights to redress for injury. 
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Iraqi PM orders release of female prisoners to appease protesters - 0 views

  • Iraqi Prime Minister Nuri al-Maliki ordered on Sunday the release of female prisoners, who were arrested for terrorism charges without judicial warrants or because of terror crimes committed by their relatives, to appease to protesters who want to see the scrapping of anti-terrorism measures in the country, a local website reported.
  • On Friday, tens of thousands of demonstrators in Anbar’s city, Ramadi, 100 km (62 miles) west of Baghdad, want Maliki to abolish anti-terrorism laws they say are used to persecute them. Part of the anti-terrorism measure, Maliki’s government arrested some females following the detention of their male relatives under terrorism charges.
  • The Arab League described recent developments as “worrying” and called for dialogue in a statement released on Friday.
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    Interesting that Iraqi citizens are marching in streets protesting their nation's war on terror -- and getting results from their government -- while here in the Land of the Free the politics of fear goes virtually unchallenged. 
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