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Paul Merrell

Why Won't the FBI Tell the Public About its Drone Program? | Electronic Frontier Founda... - 0 views

www.eff.org/...public-about-its-drone-program

surveillance state FBI domestic drones drones

shared by Paul Merrell on 21 Jun 13 - No Cached
  • Today we’re publishing—for the first time—the FBI’s drone licenses and supporting records for the last several years. Unfortunately, to say that the FBI has been less than forthcoming with these records would be a gross understatement. Just yesterday, Wired broke the story that the FBI has been using drones to surveil Americans. Wired noted that, during an FBI oversight hearing before the Senate Judiciary Committee, FBI Director Robert Mueller let slip that the FBI flies surveillance drones on American soil. Mueller tried to reassure the senators that FBI’s drone program “is very narrowly focused on particularized cases and particularized leads.” However, there’s no way to check the Director on these statements, given the Bureau’s extreme lack of transparency about its program.
  • EFF received these records as a result of our Freedom of Information lawsuit against the Federal Aviation Administration (FAA) for the licenses the FAA issues to all public entities wishing to fly drones in the national airspace. As detailed in prior posts and on our drone map, we have already received tens of thousands of pages of valuable information about local, state and federal agencies’ drone flights. However, unlike other federal agencies, including the US Air Force, the Bureau has withheld almost all information within its documents—even including the dates the FAA’s Certificates of Authorization (COAs) were issued. As you can see from the two examples linked below—the first from the Air Force and the second from the FBI—the FBI is withholding information, including something as basic as the city and state of the Bureau’s point of contact, that could in no way be expected to risk circumvention of the law (the applicable test under FOIA, 5 U.S.C. § 552 (b)(7)(E)).
  • The FBI has even withheld information from standard documents that all agencies file with the FAA to support their COA applications, many of which come directly from the drone manufacturer. (Compare, for example, the Air Force’s “LOST_LINK_MISSION” or “AIRCRAFT_SYSTEM” documents with the FBI’s versions of the same documents.) One interesting fact is that the Bureau has withheld most of the records under several statutes and regulations related to the arms exports and the International Traffic in Arms Regulations (ITAR) (see statutes and regulations here, here, and here.) This is surprising because, although ITAR does apply explicitly to drones, not even the US Military has claimed these statutes in withholding information from its drone records. Given the FBI’s past abuses and the information recently revealed about how the Bureau exploits specious interpretations of federal law to help out the NSA’s spying program, we have good reason to be concerned about the FBI’s lack of transparency here. We hope Senator Feinstein will follow up on her concerns about the FBI’s apparent lack of “strictures” in place to protect Americans’ privacy in connection to FBI drone use and demand a full accounting of how, when, where and why the Bureau has been using drones to monitor the public. Download the zip files of the documents here, here, and here.
Paul Merrell

Israeli Drone Feeds Hacked By British and American Intelligence - 0 views

theintercept.com/...tish-and-american-intelligence

surveillance state NSA GCHQ Israeli-drones

shared by Paul Merrell on 01 Feb 16 - No Cached
  • MERICAN AND BRITISH INTELLIGENCE secretly tapped into live video feeds from Israeli drones and fighter jets, monitoring military operations in Gaza, watching for a potential strike against Iran, and keeping tabs on the drone technology Israel exports around the world. Under a classified program code-named “Anarchist,” the U.K.’s Government Communications Headquarters, or GCHQ, working with the National Security Agency, systematically targeted Israeli drones from a mountaintop on the Mediterranean island of Cyprus. GCHQ files provided by former NSA contractor Edward Snowden include a series of “Anarchist snapshots” — thumbnail images from videos recorded by drone cameras. The files also show location data mapping the flight paths of the aircraft. In essence, U.S. and British agencies stole a bird’s-eye view from the drones.
  • Several of the snapshots, a subset collected in 2009 and 2010, appear to show drones carrying missiles. Although they are not clear enough to be conclusive, the images offer rare visual evidence to support reports that Israel flies attack drones — an open secret that the Israeli government won’t acknowledge. “There’s a good chance that we are looking at the first images of an armed Israeli drone in the public domain,” said Chris Woods, author of Sudden Justice, a history of drone warfare. “They’ve gone to extraordinary lengths to suppress information on weaponized drones.” The Intercept is publishing a selection of the drone snapshots in an accompanying article.
  • Additionally, in 2012, a GCHQ analyst reported “regular collects of Heron TP carrying weapons,” referring to a giant drone made by the state-owned Israel Aerospace Industries, known as IAI. Anarchist operated from a Royal Air Force installation in the Troodos Mountains, near Mount Olympus, the highest point on Cyprus. The Troodos site “has long been regarded as a ‘Jewel in the Crown’ by NSA as it offers unique access to the Levant, North Africa, and Turkey,” according to an article from GCHQ’s internal wiki. Last August, The Intercept published a portion of a GCHQ document that revealed that NSA and GCHQ tracked weapons signals from Troodos, and earlier reporting on the Snowden documents indicated that the NSA targeted Israeli drones and an Israeli missile system for tracking, but the details of the operations have not been previously disclosed. “This access is indispensable for maintaining an understanding of Israeli military training and operations and thus an insight to possible future developments in the region,” a GCHQ report from 2008 enthused. “In times of crisis this access is critical and one of the only avenues to provide up to the minute information and support to U.S. and Allied operations in the area.”
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  • The documents highlight the conflicted relationship between the United States and Israel and U.S. concerns about Israel’s potentially destabilizing actions in the region. The two nations are close counterterrorism partners, and have a memorandum of understanding, dating back to 2009, that allows Israel access to raw communications data collected by the NSA. Yet they are nonetheless constantly engaged in a game of spy versus spy. Last month, the Wall Street Journal reported that, although President Obama had pledged to stop spying on friendly heads of state, the White House carved out an exception for Israeli Prime Minister Benjamin Netanyahu and other top Israeli officials. Michael Hayden, former head of the CIA and NSA, told the Journal that the intelligence relationship with Israel was “the most combustible mixture of intimacy and caution that we have.”
Paul Merrell

The Legend of the Phoenix - 0 views

www.informationclearinghouse.info/article37154.htm

war & peace drone attacks Phoenix-Program counter-insurgency

shared by Paul Merrell on 21 Dec 13 - No Cached
  • It would seem the CIA has gone back into their archives, blown the dust off the Phoenix Program, and put it into play again as the “Drone War.” The similarities with the Drone War are readily evident to anyone old enough to know of the Phoenix Program. For those who aren’t old enough or who have forgotten, the Phoenix Program is usually referred to as an assassination program and was the subject of investigation by the Senate’s “Church Committee.” Indisputably, thousands of South Vietnamese civilians were killed under this CIA directed program.
  • Phoenix was far more than a mere assassination program , however. It was a Counter-Insurgency, COIN, program, using the tactic of counter-terrorism, including assassination, against the insurgent’s so-called infrastructure. This was the Vietnamese civilian population in which the insurgent, the Viet Cong guerilla, operated and from some of whom they drew their support. To the U.S., these civilians were the Viet Cong Infrastructure, the VCI. And the VCI was the target to be terrorized by any means necessary in the hope that they would turn against the Viet Cong. The VCI would have included the families, close and extended kinship groups, of alleged active Viet Cong combatants, fellow villagers, and other Vietnamese civilians who were not actively opposed to the Viet Cong. Some of this “support” was voluntary and some coerced. As the Phoenix Program went on, with its assassinations, torture practices, and “disappearances,” more support became voluntary as Vietnamese peasants turned against the U.S. and the South Vietnamese government as a result of the program. An error in identification of a victim was irrelevant to those in control of the program, the CIA, as it still served the purpose of terrorizing the civilian population, which was the true purpose of the program.
  • For the Viet Cong, this was a classic example of achieving the guerilla’s goal of having a civilian population turn against a government by a government’s own harsh over-reaction to the guerilla threat. Today, a guerilla and the people whom they are amongst are deemed “terrorists” if they find themselves on the wrong side of a domestic conflict that the U.S. has taken a side in, such as Yemen. As we saw in Libya, and see in Syria, these guerillas can become instant U.S. allies who must be supported, if, or when, the U.S. makes policy changes. But unless those U.S. policy changes occur, these groups remain part of the global terrorist network of “associated forces” with al Qaeda, in the eyes of CIA and military officials, and targeted with drones. From the relatively large number of civilian victims of drone attacks as claimed by residents of Pakistan’s Federally Administered Tribal Areas (FATA) and the political party, Pakistan Tehreek Insaf (PTI), this Drone Program has all the hallmarks of the Phoenix Program.
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  • Without more transparency by the government, no other conclusion can be drawn that the reason we see so many civilians killed by drones, while denying it as John Brennan did, is because we are targeting civilians as the “infrastructure.” While Anwar al-Awlaki was declared to be an “operational leader,” with the extremely elastic category of “infrastructure” as used in Vietnam, his “operational” activity may have only been “spreading antigovernment propaganda and rumors,” as the Rand Corporation put it, which led to his extrajudicial execution. How many other American citizens might that reach?
  • Paul Merrell on 21 Dec 13
     
    Spot on analysis by a retired Navy lawyer who knows his U.S. military history.The striking parallels he points to between contemporary U.S. drone terrorism and the notorious Viet Nam War Phoenix Program terrorism are no accident. Among the super-hawks of the War Party, there has been a persistent meme that the U.S. military suffered no defeat in Viet Nam, that the vaunted "counter-insurgency" strategy and tactics were working, and that the war was lost by politicians and the American public who lost the nerve to continue the war.  If you put your blinders on firmly enough to pretend that the North and South Vietnamese were separate people, there's an element of truth to that myth. The South Vietnamese Viet Cong guerrillas were decimated by 1970. But the North and South Vietnamese were in fact one people of a single nation, who had united to defeat and evict the French military force. The division into two nations was to have been only a one-year thing, prelude to national election of a government for a reunited Viet Nam. It was the U.S. puppet government of the South that, realizing they could not win the election, reneged on allowing it in the South.  Long before the Viet Cong became a shadow of its former force, the Vietnamese from the North had responded to the betrayal of the treaty by sending North Vietnamese regular army troops ("NVA") to the South, spearheaded by the same battle-hardened men who had defeated the French. And the U.S. military was well and truly overwhelmed by the NVA's strategy and tactics, forced to retreat into strongholds from which they ventured only in force. The NVA's Tet Offensive in 1968 failed to succeed in the effort to capture multiple Vietnamese cities concurrently. But the number, weaponry, and power of their force caused Lyndon Johnson to realize that the U.S. generals had been lying to him, that the U.S. was not on the brink of victory, and that there was a very long slog ahead with an unknown outcome if the U.S. continu
Paul Merrell

Under Intense Pressure to Silence Wikileaks, Secretary of State Hillary Clinton Propose... - 0 views

truepundit.com/drone-strike-on-julian-assange

war & peace Wikileaks Assange assassination-plot Hillary

shared by Paul Merrell on 04 Oct 16 - No Cached
  • Clinton’s State Department was getting pressure from President Obama and his White House inner circle, as well as heads of state internationally, to try and cutoff Assange’s delivery of the cables and if that effort failed, then to forge a strategy to minimize the administration’s public embarrassment over the contents of the cables. Hence, Clinton’s early morning November meeting of State’s top brass who floated various proposals to stop, slow or spin the Wikileaks contamination. That is when a frustrated Clinton, sources said, at some point blurted out a controversial query. “Can’t we just drone this guy?” Clinton openly inquired, offering a simple remedy to silence Assange and smother Wikileaks via a planned military drone strike, according to State Department sources. The statement drew laughter from the room which quickly died off when the Secretary kept talking in a terse manner, sources said. Clinton said Assange, after all, was a relatively soft target, “walking around” freely and thumbing his nose without any fear of reprisals from the United States. Clinton was upset about Assange’s previous 2010 records releases, divulging secret U.S. documents about the war in Afghanistan in July and the war in Iraq just a month earlier in October, sources said. At that time in 2010, Assange was relatively free and not living cloistered in in the embassy of Ecuador in London. Prior to 2010, Assange focused Wikileaks’ efforts on countries outside the United States but now under Clinton and Obama, Assange was hammering America with an unparalleled third sweeping Wikileaks document dump in five months. Clinton was fuming, sources said, as each State Department cable dispatched during the Obama administration was signed by her.
  • Following Clinton’s alleged drone proposal, another controversial remedy was floated in the State Department to place a reward or bounty for Assange’s capture and extradition to the United States, sources said. Numbers were discussed in the realm of a $10 million bounty. A State Department source described that staff meeting as bizarre. One minute staffers were inquiring about the Secretary’s blue and black checkered knit sweater and the next minute, the room was discussing the legalities of a drone strike on Assange and financial bounties, sources said. Immediately following the conclusion of the wild brainstorming session, one of Clinton’s top aides, State Department Director of Policy Planning Ann-Marie Slaughter, penned an email to Clinton, Chief of Staff Cheryl Mills, and aides Huma Abebin and Jacob Sullivan at 10:29 a.m. entitled “an SP memo on possible legal and nonlegal strategies re Wikileaks.” “Nonlegal strategies.” How did that phrasing make it into an official State Department email subject line dealing with solving Wikileaks and Assange? Why would the secretary of state and her inner circle be discussing any “nonlegal strategies” for anything whatsoever? Against anyone? Shouldn’t all the strategies discussed by the country’s top diplomat be strictly legal only? And is the email a smoking gun to confirm Clinton was actually serious about pursuing an obvious “nonlegal strategy” proposal to allegedly assassinate Assange? Numerous attempts were made to try and interview and decipher Slaughter’s choice of email wording, however, she could not be reached for comment.
  • Slaughter’s cryptic email also contained an attached document called “SP Wikileaks doc final11.23.10.docx.” That attachment portion of Slaughter’s “nonlegal strategies” email has yet to be recovered by federal investigators and House committee investigators probing Clinton’s email practices while at State. Even Wikileaks does not have the document. Slaughter, however, shed some light on the attachment: “The result is the attached memo, which has one interesting legal approach and I think some very good suggestions about how to handle our public diplomacy.” But did it also include details on the “nonlegal strategies” teased in the subject line? Sources confirm Clinton took the email and attachment with her to the White House for an afternoon meeting with Secretary of Defense Bob Gates and National Security Advisor Tom Donilon prior to an additional evening meeting at the White House. President Obama, sources said, did not attend the early meeting with Gates as he was traveling with Vice President Joe Biden. President Obama did attend the second meeting, however, and Wikileaks and Assange’s planned release of secret cables were discussed at length, sources said. Attending this meeting were President Obama, Clinton, Gates, Donilon, Director of National Intelligence James Clapper, Deputy Secretary of State James Steinberg, Under Secretary of Defense for Policy Michele Flournoy, Chairman of the Joint Chiefs of Staff Admiral “Mike” Mullen, Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright as well as a half dozen or more various policy aides, sources confirmed. Did Clinton also share her alleged morning query of droning Assange with the members of the National Security Council and the President? Was it discussed among the top secret subjects in the meeting? Or was Clinton planning to conduct or hatch her own secret foreign policy in defiance of the President, a likely violation of the Logan Act?
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  • The FBI’s 302 report from Clinton’s email investigation interview, again, specified that Clinton had “many discussions” related to “nominating” drone strikes on individuals: “Clinton could not recall a specific process for nominating a target for a drone strike and recalled much debate pertaining to the concurrence process. Clinton knew there was a role for DOD, State and the CIA but could not provide specifics as to what it was. Due to a disagreement between these agencies, Clinton recalled having many discussions related to nominating an individual for a drone strike. When Clinton exchanged classified information pertaining to the drone program internally at State, it was in her office or on a secure call. When Clinton exchanged classified information pertaining to the drone program externally it was at the White House. Clinton never had a concern with how classified information pertaining to the drone program was handled.” Sources said Clinton’s comments on neutralizing Assange fits a pattern of callousness when combined with the FBI testimony that she often considered droning individuals and then coupled with her reaction to Libyan leader Moammar Gaddafi’s death in Oct. 2011.
  • Unable to legally counter or stop Wikileaks, and likely abandoning any and all legal and “nonlegal strategies,” Clinton and her staff were forced to weather the collateral damage of CableGate. In fact, just five days after Clinton’s meetings on Mahogany Row in the State Department and the White House, Wikileaks began releasing cables to news outlets globally on Sunday November 28, 2010. Shortly after CableGate, the WikiLeaks founder sought refuge from authorities and threats by hiding at the Ecuadorian Embassy in London. Now 45, Assange is in his fifth year living quarantined inside the embassy. Clinton remains the Democratic nominee for the presidency of the United States.
  • Perhaps Democratic political operative Bob Beckel wasn’t a party outlier during this controversial Fox broadcast. Likely, Beckel was projecting what others, including Clinton, had already privately proposed.
Paul Merrell

Germany is the Tell-Tale Heart of America's Drone War - 0 views

firstlook.org/...ramstein

war & peace drone attacks Ramstein CIA

shared by Paul Merrell on 24 Apr 15 - No Cached
  • This is a joint investigation with the German news magazine Der Spiegel.
  • A TOP-SECRET U.S. intelligence document obtained by The Intercept confirms that the sprawling U.S. military base in Ramstein, Germany serves as the high-tech heart of America’s drone program. Ramstein is the site of a satellite relay station that enables drone operators in the American Southwest to communicate with their remote aircraft in Yemen, Somalia, Afghanistan and other targeted countries. The top-secret slide deck, dated July 2012, provides the most detailed blueprint seen to date of the technical architecture used to conduct strikes with Predator and Reaper drones. Amid fierce European criticism of America’s targeted killing program, U.S. and German government officials have long downplayed Ramstein’s role in lethal U.S. drone operations and have issued carefully phrased evasions when confronted with direct questions about the base. But the slides show that the facilities at Ramstein perform an essential function in lethal drone strikes conducted by the CIA and the U.S. military in the Middle East, Afghanistan and Africa.
  • The slides were provided by a source with knowledge of the U.S. government’s drone program who declined to be identified because of fears of retribution. According to the source, Ramstein’s importance to the U.S. drone war is difficult to overstate. “Ramstein carries the signal to tell the drone what to do and it returns the display of what the drone sees. Without Ramstein, drones could not function, at least not as they do now,” the source said. The new evidence places German Chancellor Angela Merkel in an awkward position given Germany’s close diplomatic alliance with the United States. The German government has granted the U.S. the right to use the property, but only under the condition that the Americans do nothing there that violates German law.
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  • The U.S. government maintains that its drone strikes against al Qaeda and its “associated forces” are legal, even outside of declared war zones. But German legal officials have suggested that such operations are only justifiable in actual war zones. Moreover, Germany has the right to prosecute “criminal offenses against international law … even when the offense was committed abroad and bears no relation to Germany,” according to Germany’s Code of Crimes against International Law, which passed in 2002. This means that American personnel stationed at Ramstein could, in theory, be vulnerable to German prosecution if they provide drone pilots with data used in attacks. While the German government has been reluctant to pursue such prosecutions, it may come under increasing pressure to do so. “It is simply murder,” says Björn Schiffbauer of the Institute for International Law at the University of Cologne. Legal experts interviewed by Der Spiegel claimed that U.S. personnel could be charged as war criminals by German prosecutors.
Paul Merrell

The NSA's Secret Role in the U.S. Assassination Program - The Intercept - 0 views

firstlook.org/...the-nsas-secret-role

war & peace surveillance state NSA drones Obama lies

shared by Paul Merrell on 14 Feb 14 - No Cached
  • The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people. According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere. His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen
  • The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people. According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere. His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen.
  • In his speech at the National Defense University last May, President Obama declared that “before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.” He added that, “by narrowly targeting our action against those who want to kill us and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.” But the increased reliance on phone tracking and other fallible surveillance tactics suggests that the opposite is true. The Bureau of Investigative Journalism, which uses a conservative methodology to track drone strikes, estimates that at least 273 civilians in Pakistan, Yemen and Somalia have been killed by unmanned aerial assaults under the Obama administration. A recent study conducted by a U.S. military adviser found that, during a single year in Afghanistan – where the majority of drone strikes have taken place – unmanned vehicles were 10 times more likely than conventional aircraft to cause civilian casualties.
  • Paul Merrell on 14 Feb 14
     
    Glenn Greenwald's initial article in the new online The Intercept. 
Paul Merrell

DailyTech - Pakistani Court Accuses U.S. of War Crimes for Drone Strikes - 0 views

www.dailytech.com/...article31537.htm

war & peace Pakistan drone attacks war crimes

shared by Paul Merrell on 15 May 13 - No Cached
  • In response four petitions by tribal leaders complaining that U.S. drone strikes were killing civilians, Chief Justice Dost Muhammad Khan and the junior judge on Pakistan two-judge Peshawar High Court panel decided that the drone were war crimes as they killed innocent civilians. The panel says that the drone strikes were inhumane and violated the UN Charter on Human Rights.  The court is asking the government of Pakistan to push a UN resolution to condemn the strikes and declare them a war crimes, writing [according to translation by The Press Trust of India, "The government of Pakistan must ensure that no drone strike takes place in the future.  If the US vetoes the resolution, then the country should think about breaking diplomatic ties with the US."
  • Shahzad Akbar, lawyer for victims in the case, is quoted as saying, "This is a landmark judgment. Drone victims in Waziristan will now get some justice after a long wait. This judgment will also prove to be a test for the new government: if drone strikes continue and the government fails to act, it will run the risk of contempt of court."
  • The administration also does have a policy of paying the family of civilians it kills in the Middle East "grief payments" of a few thousand dollars per body. While the current administration may be hesistant to take action in the UN against the U.S. elections are fast approaching.  This Saturday's election sees the Pakistan Muslim League (PML-N) party leading in current polls.  Former Prime Minister Nawaz Sharif, the party's leader, promises a zero-tolerance policy on drone strike civilian deaths.  He comments, "Drone attacks are against the national sovereignty and a challenge for the country's autonomy and independence." The U.S. has often accused hostile regimes like the governments of Syria, Sudan, Iran, and North Korea of war crimes in recent years.  However, it has seldom been on the receiving end of such accusations, despite an aggressive (and expensive) overseas military program.
Paul Merrell

Obama ordered to divulge legal basis for killing Americans with drones | Ars Technica - 0 views

arstechnica.com/...-killing-americans-with-drones

war & peace drone attacks Obama FOIA litigation targeted-killing Due-Process

shared by Paul Merrell on 24 Apr 14 - No Cached
  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas.
  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas. "This is a resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program," ACLU Legal Director Jameel Jaffer said in an e-mail. The so-called targeted-killing program—in which drones from afar shoot missiles at buildings, cars, and people overseas—began under the George W. Bush administration. The program, which sometimes kills innocent civilians, was broadened under Obama to include the killing of Americans.
  • Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF). The Electronic Privacy Information Center (EPIC), which in a friend-of-the court brief urged the three-judge appeals court to rule as it did, said the decision was a boon for citizen FOIA requests. "It's very helpful. We have a number of cases, including one of our oldest FOIA cases, that involves the warrantless wiretapping memos. The basic premise is when OLC writes a legal memo and when that becomes the known basis for a program, that's the law of the executive branch and cannot be withheld," Alan Butler, EPIC's appellate counsel, said in a telephone interview.
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  • The appeals court said the memo may be redacted from revealing which government agencies are behind the attacks, although former CIA Director Leon Panetta has essentially acknowledged that agency's role. Last year, a federal judge blocked the disclosure of the memo. Judge Colleen McMahon of New York said she was ensnared in a "paradoxical situation" in which the law forbade her from ordering the memo's release: The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret.
  • Paul Merrell on 24 Apr 14
     
    Unless the Feds successfully seek en banc review or review by the Supreme Court, we will apparently be able to read the infamous DoJ Office of Legal Counsel explaining the legal arguments why Obama may lawfully order drone strikes on U.S. citizens inside nations with which the U.S. is not at war. Let's keep in mind that DoJ claimed that Obama has the power to do that in the U.S. too. According to the Second Circuit's opinion, the ordered disclosure includes a somewhat lengthy section arguing that 18 U.S.C. 1119 and 956 do not apply to Obama. Section 1119 provides, inter alia: "(b) Offense.- A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113." Section 956 provides in part: "(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). "(2) The punishment for an offense under subsection (a)(1) of this section is- (A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and (B) imprisonment for not more than 35 years if the offense is conspiracy to maim." There should also be a section explaining away the Constitution's Due Process Clause (protecting life, liberty, and property) and Right to Trial by Jury, as well as exempting the President from international law establishing human rights and l
Paul Merrell

Pakistan Charges CIA Officials Over Drone Deaths | Al Jazeera America - 0 views

america.aljazeera.com/...-lawyer-over-drone-deaths.html

war & peace drone attacks Pakistan murder-charges CIA U.S.-foreign-policy

shared by Paul Merrell on 08 Apr 15 - No Cached
  • A Pakistani judge on Tuesday ordered criminal charges to be filed against a former CIA lawyer who oversaw the agency’s drone program and a former station chief in Islamabad over a 2009 strike that killed two people. Former acting general counsel John A. Rizzo and former station chief Jonathan Bank must face charges of murder, conspiracy, waging war against Pakistan and terrorism, ruled Justice Shaukat Aziz Siddiqui of the Islamabad High Court. A court clerk and a lawyer involved in the case, Mirza Shahzad Akbar, confirmed details of the ruling. Rizzo and Bank could not be immediately reached for comment. The CIA declined to comment when contacted by Al Jazeera America. Bank’s cover was blown in late 2010 when a Pakistani man, Kareem Khan, threatened to sue the CIA and others for $500 million over the deaths of his sons Zaenullah Khan and Asif Iqbal in a Dec. 31, 2009, strike in the North Waziristan tribal region.
  • As the outrage over the deaths grew, protesters in Islamabad began carrying placards bearing Bank's name, as listed in the lawsuit, and urging him to leave the country. The CIA pulled Bank from the country on Dec. 16, 2010, when he began receiving death threats. His outing spurred questions at the time of whether Pakistan's spy service might have leaked the information, something Islamabad denied. The disclosure didn't prevent Bank from landing another sensitive job. He became chief of the Iran operations division at CIA headquarters in Virginia. He was removed from that post after CIA officials concluded that he created a hostile work environment in the division. He has since been detailed to the Pentagon's intelligence arm.   Rizzo was the CIA's acting general counsel overseeing its drone program. He later left the agency and wrote a book about his experiences at the CIA.  
  • It is estimated that since 2004, the U.S. has carried out over 400 drone strikes in the country, killing anywhere from 421 to 960 civilians, according to the Bureau of Investigative Journalism, which tracks the U.S. campaign. The foundation says the last U.S. drone strike in Pakistan was on Jan. 29 and killed at least six suspected fighters. It is not clear how the judge's ruling will affect relations between Pakistan and the U.S., especially over the drone program. While Pakistan's government often decries the strikes, many believe it allows them to target the insurgents who threaten it. Massive protests against the drone program previously blocked a land route used by NATO forces to resupply troops in neighboring Afghanistan.   Any legal action stands no chance of success unless U.S. officials cooperate with the court, something highly unlikely, given the secretive nature of the drone program, which the CIA rarely publicly discusses.
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  • Under the judge's order, Pakistan's federal police force must file the charges against Rizzo and Bank, though the police have so far refused, reportedly out of a reluctance to upset the country's diplomatic relations with the U.S.
Paul Merrell

Former Drone Operators Say They Were "Horrified" By Cruelty of Assassination Program - 0 views

theintercept.com/...uelty-of-assassination-program

war & peace drones drone-pilots morale

shared by Paul Merrell on 24 Nov 15 - No Cached
  • U.S. DRONE OPERATORS are inflicting heavy civilian casualties and have developed an institutional culture callous to the death of children and other innocents, four former operators said at a press briefing today in New York. The killings, part of the Obama administration’s targeted assassination program, are aiding terrorist recruitment and thus undermining the program’s goal of eliminating such fighters, the veterans added. Drone operators refer to children as “fun-size terrorists” and liken killing them to “cutting the grass before it grows too long,” said one of the operators, Michael Haas, a former senior airman in the Air Force. Haas also described widespread drug and alcohol abuse, further stating that some operators had flown missions while impaired. In addition to Haas, the operators are former Air Force Staff Sgt. Brandon Bryant along with former senior airmen Cian Westmoreland and Stephen Lewis. The men have conducted kill missions in many of the major theaters of the post-9/11 war on terror, including Iraq, Afghanistan and Pakistan.
  • “We have seen the abuse firsthand,” said Bryant, “and we are horrified.” An Air Force spokesperson did not address the specific allegations but wrote in an email that “the demands placed on the [drone] force are tremendous. A great deal of effort is being taken to bring about relief, stabilize the force, and sustain a vital warfighter capability. … Airmen are expected to adhere to established standards of behavior. Behavior found to be inconsistent with Air Force core values is appropriately looked into and if warranted, disciplinary action is taken.” Beyond the press conference, the group also denounced the program yesterday in an interview with The Guardian and in an open letter addressed to President Obama.
Paul Merrell

US Air Force Seeks $3 Billion Drone Program Expansion - 0 views

sputniknews.com/...s-drone-program-expansion.html

war & peace U.S.-Air-Force drone-program

shared by Paul Merrell on 15 Dec 15 - No Cached
  • Despite a mounting civilian death toll and increased opposition from civil liberties activists, the US Air Force has announced that it plans to double its number of drone squadrons.In October, the Intercept released a report outlining the more secretive aspects of the US drone program. Compiled by a source within the intelligence community, the report offers an in-depth look at who, precisely, the US is targeting – and how accurate those missions really are.
  • "During one five-month period of the operation, according to the documents, nearly 90 percent of the people killed in airstrikes were not the intended targets," the report reads. This, of course, wasn’t the first indication of the drone program’s death toll. Analysis conducted by human rights group Reprieve in 2014 found that in targeting only 41 men, 1,147 people were killed by US airstrikes. But not only is the American drone war not winding down, it’s actually about to double in scope. According to Gen. Herbert Carlisle, head of US Air Combat Command at Langley Air Force Base, the US Air Force is about to double its number of drone squadrons, adding roughly 3,000 personnel to pilot and maintain new UAVs which would be stationed across the globe. The plan calls for an expansion over the next five years, and while it still has to be approved by Congressional lawmakers, the proposal would cost taxpayers $3 billion.
  • Carlisle says the plan is necessary because the Air Force is currently too busy running attack missions and is unable to meet the rising demand for surveillance missions. "Right now, 100% of the time, when a MQ-1 or MQ-9 crew goes in, all they do is combat," he said, according to the LA Times. "So we really have to build the capacity." The proposal includes adding 75 Reapers to the Air Force’s fleet of 175 Reapers and 150 Predators, and could even entail the construction of a new drone operations center in Suffolk, England, pending approval from the British government.
Paul Merrell

Confessions of a drone veteran: Why using them is more dangerous than the government is... - 0 views

www.salon.com/..._the_government_is_telling_you

war & peace drone attacks U.S.-foreign-policy drone-pilot-casualties

shared by Paul Merrell on 26 Sep 14 - No Cached
  • The White House sells drones strikes as legal, ethical and targeted to protect our military and innocent civilians from harm. These are questionable claims, made more dubious by the administration’s selectively leaking details of the drone program to assuage the public when reports arise of flawed legal reasoning, mistaken strikes or vastly underestimated civilian deaths.CIA director John O. Brennan also told the American public that drones “can be a wise choice because they dramatically reduce the danger to U.S. personnel, even eliminating the danger altogether.” Director Brennan is wrong.I know because I am a veteran of the drone program. I served as an Air Force imagery analyst. What I know of drone warfare is that it has dangerous, sometimes devastating, consequences for too many service members participating in the program.
Paul Merrell

DOJ to disclose memo justifying drone strikes on Americans, easing Senate vote on autho... - 0 views

www.foxnews.com/...-memo-to-justify-drone-strikes

war & peace drone attacks Barron

shared by Paul Merrell on 21 May 14 - No Cached
  • In a bid to clear the way for a controversial Senate nominee, the Obama administration signaled it will publicly reveal a secret memo explaining its legal justification for using drones to kill American citizens overseas.  The Justice Department, officials say, has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. ADVERTISEMENTADVERTISEMENT The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. 
  • Sen. Rand Paul, R-Ky., has vowed to fight Barron's confirmation, and some Democratic senators had called for the memo's public release before a final vote. Paul reiterated his opposition on Wednesday.  "I cannot support and will not support a lifetime appointment of anyone who believes it's OK to kill an American citizen not involved in combat without a trial," Paul said in the Senate.  But a key Democratic holdout against Barron's nomination, Sen. Mark Udall D-Colo., announced Tuesday night he will now support Barron because the memo is being released. "This is a welcome development for government transparency and affirms that although the government does have the right to keep national security secrets, it does not get to have secret law," Udall said in a statement.  Sen. Ron Wyden, D-Ore., had also been pushing for public disclosure of Barron's writings and was one of several Democrats who had been refusing to say whether he'd vote for confirmation without it. "That's certainly very constructive," Wyden said when told of the decision not to appeal.
  • Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday. Anwar al-Awlaki, an Al Qaeda leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. The White House had agreed under the pressure to show senators unredacted copies of all written legal advice written by Barron regarding the potential use of lethal force against U.S. citizens in counterterrorism operations. Until now, the administration has fought in court to keep the writings from public view. But administration officials said that Solicitor General Donald Verrilli Jr. decided this week not appeal an April 21 ruling requiring disclosure by the 2nd U.S. Circuit Court of Appeals in New York and that Attorney General Eric Holder concurred with his opinion.
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  • The release could take some time, since the redactions are subject to court approval. And the administration also is insisting that a classified ruling on the case also be redacted to protect information classified for national security, but not the legal reasoning, one of the officials said. The drone strike that killed al-Awlaki also killed another U.S. citizen, Samir Khan, an Al Qaeda propagandist. Al-Awlaki's 16-year-old son, Abdulrahman, was killed the following month in another drone attack. The American Civil Liberties Union and two reporters for The New York Times, Charlie Savage and Scott Shane, filed a FOIA suit. In January 2013, U.S. District Court Judge Colleen McMahon ruled that she had no authority to order the documents disclosed, although she chided the Obama administration for refusing to release them. But a three-judge appeals court panel noted that after McMahon ruled, senior government officials spoke about the subject. The panel rejected the government's claim that the court could not consider official disclosures made after McMahon's ruling, including a 16-page Justice Department white paper on the subject and public comments by Obama in May in which he acknowledged his role in the al-Awlaki killing, saying he had "authorized the strike that took him out."
  • The ACLU urged senators in a letter Tuesday not to move forward on the confirmation vote until they have a chance to see any Barron memos on the administration's drone program, not just those involving U.S. citizens. Paul issued a statement Tuesday saying he still opposes Barron's nomination. "I rise today to say that there is no legal precedent for killing American citizens not directly involved in combat and that any nominee who rubber stamps and grants such power to a president is not worthy of being placed one step away from the Supreme Court," Paul said in remarks prepared for delivery on the Senate floor Wednesday provided by his office.
  • Paul Merrell on 21 May 14
     
    But still they push ahead, with a plan for a final vote on Barron's nomination Thursday, before the public gets to see the memos [plural].
Paul Merrell

The Assassination Complex - 0 views

theintercept.com/...the-assassination-complex

war & peace drones leaked-docs U.S.-foreign-policy

shared by Paul Merrell on 17 Oct 15 - No Cached
  • The Intercept has obtained a cache of secret slides that provides a window into the inner workings of the U.S. military’s kill/capture operations at a key time in the evolution of the drone wars — between 2011 and 2013. The documents, which also outline the internal views of special operations forces on the shortcomings and flaws of the drone program, were provided by a source within the intelligence community who worked on the types of operations and programs described in the slides. The Intercept granted the source’s request for anonymity because the materials are classified and because the U.S. government has engaged in aggressive prosecution of whistleblowers. The stories in this series will refer to the source as “the source.” The source said he decided to provide these documents to The Intercept because he believes the public has a right to understand the process by which people are placed on kill lists and ultimately assassinated on orders from the highest echelons of the U.S. government. “This outrageous explosion of watchlisting — of monitoring people and racking and stacking them on lists, assigning them numbers, assigning them ‘baseball cards,’ assigning them death sentences without notice, on a worldwide battlefield — it was, from the very first instance, wrong,” the source said.
  • The articles in The Drone Papers were produced by a team of reporters and researchers from The Intercept that has spent months analyzing the documents. The series is intended to serve as a long-overdue public examination of the methods and outcomes of America’s assassination program. This campaign, carried out by two presidents through four presidential terms, has been shrouded in excessive secrecy. The public has a right to see these documents not only to engage in an informed debate about the future of U.S. wars, both overt and covert, but also to understand the circumstances under which the U.S. government arrogates to itself the right to sentence individuals to death without the established checks and balances of arrest, trial, and appeal.
  • How the president authorizes targets for assassination
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  • Assassinations depend on unreliable intelligence and hurt intelligence gathering
  • Strikes often kill many more than the intended target
  • The military labels unknown people it kills as “enemies killed in action”
  • The number of people targeted for drone strikes and other finishing operations
  • How geography shapes the assassination campaign
  • Inconsistencies with White House statements about targeted killing
  • Paul Merrell on 17 Oct 15
     
    Large group of articles based on documents leaked from very deep in the Deep State.
Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

www.mintpressnews.com/...212684

surveillance state Fresno citizen-threat-ranking Intrado Beware trade-secrets

shared by Paul Merrell on 12 Jan 16 - No Cached
  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
  • Paul Merrell on 12 Jan 16
     
    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
Paul Merrell

The Money Trail: How the US Fostered Yemen's Separatist Movement / Sputnik International - 0 views

sputniknews.com/...1020102698.html

war & peace Yemen U.S.-foreign-policy color-revolutions Saudis

shared by Paul Merrell on 30 Mar 15 - No Cached
  • As Saudi Arabia and its allies have begun the bombing campaign against Yemen, in the south, a separatist movement calling for a "State of South Arabia" is emerging. Fostered by the US, it will leave the Houthis with two hostile states at their borders and locked access to the sea, if it succeeds.
  • Welcome to phase two of US regime change operations. After Yemen's 2011 revolution failed and Houthi militias overthrew President Hadi, forces trained and sponsored by the US government are being activated as a separatist movement. The Southern People's Committees (SPC), founded around 2007 although USAID has been conducting political workshops as part of a $695,000 project and actively grooming leadership in Yemen since 2005. (Also in 2007, weekly protests began, organized by women's organizations, fostered by the workshops.) The SPC were similar to many color revolution movements such as Serbia's Otpor in that they did not have a central leadership, but rather an autonomous cell-based organization. In addition, they were very capable in the use of social media technologies, text messaging and the circumventing the government's internet censorship to organize protests.
  • Meanwhile, the Yemen Center for Human Rights Studies, which received $193,000 from the EU and US-funded Foundation for the Future in 2009, conducted a poll in January 2010, which found that 70 percent of southern Yemenis favored secession. Another USAID-funded project, the $43 million Responsive Governance Project (RGP), launched in May 2010, conducted "New Social Media training for Youth leaders to equip Yemeni youth groups in the use of media to enhance their participation in formulating public issues." The project focuses on establishing contacts with the Yemeni government and providing "leadership and civic education training to youth NGOs."
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  • At the same time, USAID funded a $3.58 million project called Promoting Youth for Civic Engagement (PYCE) to train Aden youth " in PACA [political activity training], first aid, self-defense, photography, calligraphy and various other topics," including "media skills," according to an evaluation report of the PYCE Project, conducted in 2012. The project was constrained to Aden and did not conduct workshops in the northern capital, Sanaa, after reportedly receiving threats.
  • The project is presented as a youth "sports program," and although it does include basketball, handball and chess, these were not the primary goal, as the report shows. At the same time, first aid, self-defense, photography and calligraphy (making protest signs) sound a lot more like protest tactics than sports. The program, initially planned to last for two years, did not make any progress reports after March 2012, when President Hadi assumed power. After the 2011 revolution, the SPC became more of a military outfit and took part in a fight against al-Qaeda in Yemen, which coincided with the CIA's expanded drone campaign in the area. This is also where the organization fades from public view when it comes to USAID expense reports, as the organization appeared to lose interest in developing democracy in the country. In a June 4, 2012 a field commander of the People's Committees gave an interview to the Yemen Times, in which he described the group's fight against the Ansar al-Sharia Islamists together with the government.
  • However, the group reappeared in public view on September 23 2014, two days after Houthis took control of Sanaa, and issued a statement in which they call on security forces to "undertake its historical role in providing security and maintaining people's property because it is in order to preserve the revolution, which is the most important accomplishment achieved by the Yemeni people." At the same time, in southern Yemen, the People's Committee has been very active on Facebook and Twitter since around October 2014. The Facebook and Twitter pages publish slick anti-Houthi propaganda and call for separatism and a "State of South Arabia," within the bounds of former South Yemen, and using South Yemen's flag
  • Since mid-March, the SPC have been fighting against Houthis and see Saudi Arabia as an ally of convenience, although some of their social media accounts, Saudi Arabia's King Salman and other royal family figures are glorified. However, the splitting of Yemen benefits Saudi Arabia, as it secludes the Houthis to a smaller Northern Yemen, which would be surrounded by two hostile states, with Saudi Arabia to the north and the new South Arabia to the south, which would also control access to the sea at the Gulf of Aden. The current situation has considerable parallels with Ukraine, which has led the Russian Foreign Minister Sergei Lavrov to call the situation one of "obvious double standards, but we clearly did not want neither what is happening in Ukraine, nor what is happening in Yemen."
  • Indeed, while Russia has been repeatedly accused of helping Donbas independence supporters, the US has openly fostered the south Yemen separatist movement. At the same time, while Ukraine's President Yanukovych was called illegitimate by the US after fleeing the country, Yemen's Hadi has remained "legitimate" and has even called for a Saudi Arabian military operation against the people who ousted him. The ongoing conflict in Yemen is currently at the second phase of US regime change operations, rebel conflict. The first stage, the color revolution, has failed, and now the last stop, foreign intervention and ground invasion remains. Saudi Arabia and its Gulf allies have already begun the airstrikes, and the South Arabia movement has begun its separatist campaign.
  • Paul Merrell on 30 Mar 15
     
    Looks like Obama's drone attacks in Yemen were not enough to do the job.
  • Paul Merrell on 30 Mar 15
     
    Turns out that the U.S. has been covertly rocking Yemen heavily at least since the Clinton Administration, including naval bombardment, drone strikes, cruise missiles, et cet.: Ongoing detailed compilations of U.S. covert and military actions in Yemen. (Publication dates are for first entry in compilations.) Methodology: http://www.thebureauinvestigates.com/2011/08/10/pakistan-drone-strikes-the-methodology2/ Drones Team, Yemen: reported US covert actions 2001-2011, The Bureau of Investigative Journalism (29 March 2012), http://www.thebureauinvestigates.com/2012/03/29/yemen-reported-us-covert-actions-since-2001/ (includes data through 2014). Jack Serle, Yemen: Reported US covert actions 2015, The Bureau of Investigative Journalism (26 January 2015),http://www.thebureauinvestigates.com/2015/01/26/yemen-reported-us-covert-actions-2015/
Paul Merrell

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

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

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

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

Show Us the Drone Memos - NYTimes.com - 0 views

www.nytimes.com/...show-us-the-drone-memos.html

tyranny Obama 5th-Amendment 4th Amendment assassinations Rand Paul drones

shared by Paul Merrell on 12 May 14 - No Cached
  • I BELIEVE that killing an American citizen without a trial is an extraordinary concept and deserves serious debate. I can’t imagine appointing someone to the federal bench, one level below the Supreme Court, without fully understanding that person’s views concerning the extrajudicial killing of American citizens.But President Obama is seeking to do just that. He has nominated David J. Barron, a Harvard law professor and a former acting assistant attorney general, to a seat on the United States Court of Appeals for the First Circuit.
  • I believe that all senators should have access to all of these opinions. Furthermore, the American people deserve to see redacted versions of these memos so that they can understand the Obama administration’s legal justification for this extraordinary exercise of executive power. The White House may invoke national security against disclosure, but legal arguments that affect the rights of every American should not have the privilege of secrecy.I agree with the A.C.L.U. that “no senator can meaningfully carry out his or her constitutional obligation to provide ‘advice and consent’ on this nomination to a lifetime position as a federal appellate judge without being able to read Mr. Barron’s most important and consequential legal writing.” The A.C.L.U. cites the fact that in modern history, a presidential order to kill an American citizen away from a battlefield is unprecedented.The Bill of Rights is clear. The Fifth Amendment provides that no one can be “deprived of life, liberty, or property, without due process of law.” The Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, by an impartial jury,” as well as the right to be informed of all charges and have access to legal counsel. These are fundamental rights that cannot be waived with a presidential pen.
  • In battle, combatants engaged in war against America get no due process and may lawfully be killed. But citizens not in a battlefield, however despicable, are guaranteed a trial by our Constitution.
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  • While he was an official in the Justice Department’s Office of Legal Counsel, Mr. Barron wrote at least two legal memos justifying the execution without a trial of an American citizen abroad. Now Mr. Obama is refusing to share that legal argument with the American people. On April 30, I wrote to the Senate majority leader, Harry Reid, urging him to delay this nomination, pending a court-ordered disclosure of the first memo I knew about. Since that letter, I have learned more. The American Civil Liberties Union sent a letter to all senators on May 6, noting that in the view of the Senate Intelligence Committee chairwoman, Dianne Feinstein, “there are at least eleven OLC opinions on the targeted killing or drone program.” It has not been established whether Mr. Barron wrote all those memos, but we do know that his controversial classified opinions provided the president with a legal argument and justification to target an American citizen for execution without a trial by jury or due process.
  • No one argues that Americans who commit treason shouldn’t be punished. The maximum penalty for treason is death. But the Constitution specifies the process necessary to convict.Continue reading the main story Continue reading the main story AdvertisementAnwar al-Awlaki was an American citizen who was subject to a kill order from Mr. Obama, and was killed in 2011 in Yemen by a missile fired from a drone. I don’t doubt that Mr. Awlaki committed treason and deserved the most severe punishment. Under our Constitution, he should have been tried — in absentia, if necessary — and allowed a legal defense. If he had been convicted and sentenced to death, then the execution of that sentence, whether by drone or by injection, would not have been an issue. Continue reading the main story 526 Comments But this new legal standard does not apply merely to a despicable human being who wanted to harm the United States. The Obama administration has established a legal justification that applies to every American citizen, whether in Yemen, Germany or Canada.
  • Defending the rights of all American citizens to a trial by jury is a core value of our Constitution. Those who would make exceptions for killing accused American citizens without trial should give thought to the times in our history when either prejudice or fear allowed us to forget due process. During World War I, our nation convicted and imprisoned Americans who voiced opposition to the war. During World War II, the government interned Japanese-Americans.The rule of law exists to protect those who are minorities by virtue of their skin color or their beliefs. That is why I am fighting this nomination. And I will do so until Mr. Barron frankly discusses his opinions on executing Americans without trial, and until the American people are able to participate in one of the most consequential debates in our history. Rand Paul is a Republican senator from Kentucky.
Paul Merrell

ACLU files new lawsuit over Obama administration drone 'kill list' | World news | The G... - 0 views

www.theguardian.com/...administration-drone-kill-list

war & peace U.S.-foreign-policy drone attacks Obama criteria FOIA litigation ACLU

shared by Paul Merrell on 17 Mar 15 - No Cached
  • As the US debates expanding its campaign against the Islamic State beyond Iraq and Syria, the leading US civil liberties group is intensifying its efforts to force transparency about lethal US counterterrorism strikes and authorities. On Monday, the American Civil Liberties Union (ACLU) will file a disclosure lawsuit for secret Obama administration documents specifying, among other things, the criteria for placement on the so-called “kill list” for drone strikes and other deadly force. Information sought by the ACLU includes long-secret analyses establishing the legal basis for what the administration terms its “targeted killing program” and the process by which the administration determines that civilians are unlikely to be killed before launching a strike, as well as verification mechanisms afterward to establish if the strike in fact has caused civilian deaths.
  • “Over the last few years, the US government has used armed drones to kill thousands of people, including hundreds of civilians. The public should know who the government is killing, and why it’s killing them,” Jameel Jaffer, deputy legal director for the ACLU, told the Guardian.
  • The ACLU suit proceeds after the Obama administration disclosed none of the lethal counterterrorism documentation through a Freedom of Information Act request the civil liberties group launched in October 2013. According to the new lawsuit, the departments of state, justice and defense, as well as the CIA, have stonewalled the ACLU’s requests for nearly 18 months. Recent legal history suggests the ACLU is in for an uphill court struggle. The Obama administration, which has called itself the most transparent in history, has thus far repelled or delayed ACLU lawsuits for disclosure around drone strikes and the 2011 assassination of Anwar al-Awlaki, a US citizen and al-Qaida propagandist. Additionally, the administration is fighting the ACLU on the legality of its bulk surveillance activities and to prevent the release of thousands of graphic photographs detailing Bush-era torture by the CIA and military. Yet the administration has seen the courts chip away at its blanket denials of documents sought by the ACLU. Most of the intelligence community’s disclosures of surveillance memos since Edward Snowden’s revelations have followed the administration’s courtroom losses to the ACLU and other civil-liberties groups. In June, the second circuit court of appeals forced the Department of Justice to release much of a critical 2010 memo blessing the killing of Awlaki. (The ACLU is seeking the release of 10 more major intelligence memos related to targeted killing.)
Paul Merrell

The White House Has Been Covering Up the Presidency's Role in Torture for Years - The I... - 0 views

firstlook.org/...esidencys-role-torture-4-years

war & peace torture CIA Obama-coverup Bush-II Senate-Intelligence-Committee ACLU FOIA war crimes

shared by Paul Merrell on 15 Mar 14 - No Cached
  • On May 10, 2013, John Brennan presented CIA’s response to the Senate Intelligence Committee Torture Report to the President. Official White House Photo by Pete Souza. The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House. Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday? We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
  • As Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, noted  in 2009 – shortly after Hayden revealed that torture started as a covert operation – this means there should be a paper trail implicating President Bush in the torture program. “[T]here should be a Presidential ‘finding’ authorizing the program,” he said, “and [] such a finding should have been provided to Congressional overseers.” The National Security Act dictates that every covert operation must be supported by a written declaration finding that the action is necessary and important to the national security. The Congressional Intelligence committees – or at least the Chair and Ranking Member – should receive notice of the finding. But there is evidence that those Congressional overseers were never told that the finding the president signed on September 17, 2001 authorized torture. For example, a letter from then ranking member of the House Intelligence Committee, Jane Harman, to the CIA’s General Counsel following her first briefing on torture asked: “Have enhanced techniques been authorized and approved by the President?” The CIA’s response at the time was simply that “policy as well as legal matters have been addressed within the Executive Branch.”
  • Nevertheless, the finding does exist. The CIA even disclosed its existence in response to the ACLU FOIA, describing it as “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists.” In an order in the ACLU suit, Judge Alvin K. Hellerstein confirmed that the declaration was “intertwined with” the administration’s effort to keep the language in the Tenet document hidden. When the administration succeeded in keeping that short phrase secret, all effort to release the declaration also ended.
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  • Enduring confusion about this particular finding surely exists because of its flexible nature. As Bob Woodward described in Bush at War, CIA Director Tenet asked President Bush to sign “a broad intelligence order permitting the CIA to conduct covert operations without having to come back for formal approval for each specific operation.” As Jane Mayer described in The Dark Side, such an order not only gave the CIA flexibility, it also protected the President. “To give the President deniability, and to keep him from getting his hands dirty, the finding called for the President to delegate blanket authority to Tenet to decide on a case-by-case basis whom to kill, whom to kidnap, whom to detain and interrogate, and how.” When George Tenet signed written guidelines for the CIA’s torture program in 2003, however, he appeared to have deliberately deprived the President of that deniability by including the source of CIA’s authorization – presumably naming the President – in a document interrogators would see. You can’t blame the CIA Director, after all; Tenet signed the Guidelines just as CIA’s Inspector General and DOJ started to review the legality of the torture tactics used against detainees like Abd al-Rahim al-Nashiri, who was threatened with a drill and a gun in violation of DOJ’s ban on mock executions.
  • The White House’s fight to keep the short phrase describing Bush’s authorization of the torture program hidden speaks to its apparent ambivalence over the torture program. Even after President Obama released the DOJ memos authorizing torture – along with a damning CIA Inspector General Report and a wide range of documents revealing bureaucratic discussions within the CIA about torture – the White House still fought the release of the phrase that would have made it clear that the CIA conducted this torture at the order of the president. And it did so with a classified declaration from Jones that would have remained secret had Judge Hellerstein not insisted it be made public. As Aftergood noted, such White House intervention in a FOIA suit is rare. “The number of times that a national security advisor has filed a declaration in a FOIA lawsuit is vanishingly small,” he said. “It almost never happens.” But as ACLU Deputy Legal Director Jameel Jaffer noted of the finding, “It was the original authority for the CIA’s secret prisons and for the agency’s rendition and torture program, and apparently it was the authority for the targeted killing program as well.  It was the urtext.  It’s remarkable that after all this time it’s still secret.”
  • President Obama’s willingness to go to such lengths to hide this short phrase may explain the White House’s curious treatment of potentially privileged documents with the Senate now – describing President Bush’s authorization of the torture program and its seemingly contradictory stance supporting publishing the Torture Report while thwarting its completion by withholding privileged documents. After all, the documents in question, like the reference to the presidential finding, may deprive the President of plausible deniability. Furthermore, those documents may undermine one of the conclusions of the Torture Report. According to Senator Ron Wyden, the Senate Torture Report found that “the CIA repeatedly provided inaccurate information about its interrogation program to the White House.” Perhaps the documents reportedly withheld by the White House undermine this conclusion, and instead show that the CIA operated with the full consent and knowledge of at least some people within the White House. Finally, the White House’s sensitivity about documents involved in the torture program may stem from the structure of the finding. As John Rizzo made clear, the finding authorizes not just torturing, but killing, senior al Qaeda figures. Bob Woodward even reported that that CIA would carry out that killing using Predator drones, a program CIA still conducts. And in fact, when the Second Circuit ultimately ruled to let the White House to keep the authorization phrase secret, it did so because the phrase also relates to “a highly classified, active intelligence activity” and “pertains to intelligence activities unrelated to the discontinued [torture] program.” Given what we know about the September 17, 2001 finding, that may well refer to President Obama’s still active drone program.
  • In any case, the White House’s seemingly contradictory statements about the Torture Report might best be understood by its past treatment of CIA documents. By releasing the DOJ memos and other materials, the White House provided what seemed to be unprecedented transparency about what the CIA had done. But all the while it was secretly hiding language describing what the White House has done.
  • Paul Merrell on 15 Mar 14
     
    See also U.N. Convention Against Torture, which the U.S. is a party to. http://www.un.org/documents/ga/res/39/a39r046.htm
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