Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged redactions

Rss Feed Group items tagged

Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Fronti... - 0 views

  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
Gary Edwards

The Black Banners : Six Questions for Ali Soufan-By Scott Horton (Harper's Magazine) - 0 views

  •  
    3. The major still-unanswered question from 9/11 may be this: Why did the CIA keep information about Khalid Al-Mihdhar - the 9/11 team member who was identified before the attacks as having a U.S. visa and tracked into the United States - secret from the FBI and other law enforcement agencies? Clearly this information could have been used to stop the 9/11 plot, yet CIA officials lied about it repeatedly, and have never been held to account either for their failure to inform or their lies. Do you have an answer? My hands started shaking. I didn't know what to think. "They just sent these reports," the [CIA chief of station*] said, seeing my reaction. I walked out of the room, sprinted down the corridor to the bathroom, and fell to the floor next to a stall. There I threw up. I sat on the floor for a few minutes, although it felt like hours. What I had just seen went through my mind again and again. The same thought kept looping back: "If they had all this information since January 2000, why the hell didn't they pass it on?" My whole body was shaking… I got myself to the sink, washed out my mouth, and splashed some water on my face. I covered my face with a paper towel for a few moments. I was still trying to process the fact that the information I had requested about major al-Qaeda operatives, information the CIA had claimed they knew nothing about, had been in the agency's hands since January 2000. The SWAT agent asked, "What's wrong, bud? What the hell did he tell you?" "They knew, they knew." -From The Black Banners: The Inside Story of 9/11 and the War Against al-Qaeda. (*Redacted in original - text restored by Harper's). Reprinted by permission of W.W. Norton & Co., © 2011 Ali Soufan. Sadly no. To date we've never been told why the information wasn't passed to the team investigating the USS Cole attack, the State Department, or the Immigration and Naturalization Service, nor why he wasn't put on a no-fly list, al
Paul Merrell

The Daily Dot - How a major bank and the U.S. government joined forces to spy on Anonymous - 0 views

  • New details have surfaced regarding the surveillance protocols used by Bank of America to keep tabs on social activists. Last year, Anonymous hacktivists published 14 gigabytes of private emails and spreadsheets which revealed that Bank of America was monitoring social media and other online services used by activists for basic communication. This time however, information about the bank’s recent surveillance activities were obtained legally through a public records request by a single petitioner. The newly published documents reveal a coordinated effort by Bank of America, the Washington State Patrol (WSP), and federal counterterrorism agencies, to monitor activists as they prepared for a public demonstration in Olympia, Wash. Over 230 people originally signed up to attend the “Million Mask March” event, which was organized by the Anonymous movement and took place on November 5, 2013. Although an official report by the WSP described the event as a “peaceful protest” being organized by activists who had made “no threats of violence,” those involved were still monitored by the department before the event took place. Information gathered about the potential protesters was then shared with Bank of America. Furthermore, Bank of America solicited information about activists from various federal agencies, including the Federal Bureau of Investigation.
  • According to Andrew Charles Hendricks, an activist who originally acquired the documents, the emails included the home address of a demonstration organizer. Hendricks claims he redacted the address before publishing the documents online. The relationship between Bank of America and the WSP, as well as their long-term investment in surveillance, is highlighted by an email sent on September 23, 2013. Kim Triplett-Kolerich, an intelligence analyst for Bank of America requested that WSP share any intelligence gathered on activists taking part in the Million Mask March with the bank. She began the email by identifying herself as a former officer and provided her former rank. “From time to time I will see items that I believe will be of use to my friends at WSP—especially during session,” she told the officer. “May Day I will pick your brain for intel and I will give you a lot also,” she wrote.
  • The next week, Triplett-Kolerich emailed the same WSP sergeant again about the march. “Sorry for not getting back to you sooner—hectic weeks lately with foreclosures and this MMM,” Triplett-Kolerich wrote. She then notified the sergeant that Bank of America has been in contact with “the Fusion Center and JTTF” regarding the Anonymous march. JTTF refers to the Joint Terrorism Task Force, which is a group comprised of local law enforcement agencies, the Federal Bureau of Investigation (with whom it shares a website) and the Homeland Security department. The Fusion Center is a state-level counterterrorism agency, which coordinates “national intelligence” between various local law enforcement and public safety departments. In addition, the Fusion Center provides for “the effective communication of locally generated threat-related information to the federal government.”
  • ...2 more annotations...
  • Triplett-Kolerich concluded her email by boasting that the surveillance tactics used by Bank of America to monitor activists online was superior to that of the WSP. “I will most likely find it first as social media trolling is not what WSP does best. Bank of America has a team of 20 people and that’s all they do all day and then pass it to us around the country!!!” On October 24, an email was sent by a sergeant at the WSP’s Special Operations Division to an executive aide at the Thurston County Sheriff’s Office. The sergeant notified the office that a large number of arrests may take place during the Million Mask March, which could impact the jail. Attached to the letter was a message written by an Anonymous activist, and a link to its Facebook event page where the names of those planning to attend the march could be seen.
  • Unbeknownst to the crowd, the supervisor of a local transit company had dropped off an Olympia city bus nearby at the request of the WSP. According to recently published emails, it was parked on the west side of an administration building close to the demonstration, just in case they needed to move in and haul a large group of disorderly protesters off to jail—but they didn’t. The Daily Dot reached out to Triplett-Kolerich and three Bank of America media relations contacts requesting a comment for this article, but received no response. 
  •  
    More evidence of the cozy relationship between the banksters and the "anti-terrorism" folk in the U.S. Of particular interest BofA has a 20-person unit that spends their days trolling social media for intelligence.
Paul Merrell

Secret pre-Iraq War talks between Blair and Bush to be published - RT News - 0 views

  • Tony Blair and George Bush exchanged voluminous correspondence prior to the start of military operations in Iraq. Now, the UK is moving to declassify details of the talks for an inquiry into Britain’s involvement in the conflict, British media reported. The release, set for the upcoming year, is expected to include more than 100 documents, described as a collection of notes, records of 200 minutes of ministerial level talks, telephone conversations and private meetings between the British prime minister and American president, The Independent reported. This will give the green light for the Chilcot Iraq Inquiry to publish an account of the conflict, where much attention will be given to decisions made by then Prime Minister Tony Blair. Indeed, the files could play a major part in determining Blair’s historical legacy, which critics say has been stained by the Iraq War. Blair has been criticized for failing to challenge then-US President George W. Bush on Iraq’s alleged weapons of mass destruction, specifically chemical and biological weapons, which a Joint Intelligence Committee report said in September 2002 “could be ready for firing in 45 minutes.”
  • A senior government official predicted the results of the inquiry will not do Blair any favors: "In the new year it seems the Chilcot inquiry is going to be published. Everyone will be assuming: bad hair day for Tony Blair and Jack Straw." Straw served as Blair’s secretary of state.
  • There has been some speculation, however, as to how effective the Iraq Inquiry can hope to be in determining the British government’s - not to mention Tony Blair’s - position on jumping on board George W. Bush’s Iraq war bandwagon. UK officials said their “intention is to be as open as possible,” yet the final decision on what will be released will be made by cabinet secretary, Sir Jeremy Heywood, the same individual who fought against publication of the Blair-Bush correspondence in the first place.
  • ...1 more annotation...
  • In September 2004, Kofi Annan, then UN Secretary General, expressed his views on the invasion, saying, "I have indicated it was not in conformity with the UN Charter. From our point of view, from the Charter point of view, it was illegal." The Chilcot Inquiry, named after its chairman, Sir John Chilcot, who pushed for the release of the classified documents, is expected to be released by the end of 2014.
  •  
    Declassification of these documents has been a years-long battle. It would not surprise me to see them released so heavily redacted that little sense can be made of them. 
Paul Merrell

Declassified Docs: NSA Misled Court (and Themselves) About Spying on Americans | Killer... - 1 views

  •  
    The infamous 2011 FISA Court opinion finding that NSA and the FBI were massively violating U.S. citizens' 4th Amendment rights is finally released in heavily redacted form. It is a shocker, repeatedly finding that the Feds had misrepresented facts to the court. 
Paul Merrell

Fisa court documents reveal extent of NSA disregard for privacy restrictions | World ne... - 0 views

  • Newly declassified court documents indicate that the National Security Agency shared its trove of American bulk email and internet data with other government agencies in violation of specific court-ordered procedures to protect Americans’ privacy. The dissemination of the sensitive data transgressed both the NSA’s affirmations to the secret surveillance court about the extent of the access it provided, and prompted incensed Fisa court judges to question both the NSA’s truthfulness and the value of the now-cancelled program to counter-terrorism. While the NSA over the past several months has portrayed its previous violations of Fisa court orders as “technical” violations or inadvertent errors, the oversharing of internet data is described in the documents as apparent widespread and unexplained procedural violations. “NSA’s record of compliance with these rules has been poor,” wrote judge John Bates in an opinion released on Monday night in which the date is redacted.
  • “Most notably, NSA generally disregarded the special rules for disseminating United States person information outside of NSA until it was ordered to report such disseminations and to certify to the [Fisa court] that the required approval had been obtained.” In addition to improperly permitting access to the email and internet data – intended to include information such as the “to” “from” and “BCC” lines of an email – Bates found that the NSA engaged in “systemic overcollection”, suggesting that content of Americans’ communications was collected as well.
  • The court had required the NSA to comply with a longstanding internal procedure for protecting Americans’ sensitive information prior to sharing the data internally within NSA, known as United States Signals Intelligence Directive 18 (USSID 18) and also declassified on Monday night; and additionally required a senior NSA official to determine that any material shared outside the powerful surveillance agency was related to counter-terrorism. Yet in a separate Fisa court document, the current presiding judge, Reggie Walton, blasted the government’s secret declaration that it followed USSID 18 “rather than specifically requiring that the narrower dissemination provision set forth in the Court’s orders in this matter be strictly adhered to”. Walton wrote: “The court understands this to mean that the NSA likely has disseminated US person information derived from the [email and internet bulk] metadata outside NSA without a prior determination from the NSA official designated in the court’s orders that the information is related to counter-terrorism information and is necessary to understand the counter-terrorism information or assess its importance.”
  • ...3 more annotations...
  • In an opinion apparently written in June 2009, Walton said the court was “gravely concerned” that “NSA analysts, cleared and otherwise, have generally not adhered to the dissemination restrictions proposed by the government, repeatedly relied on by the court in authorizing the [email and internet bulk] metadata, and incorporated into the court’s orders in this matter [redacted] as binding on NSA.” Walton said the NSA’s legal team had failed to satisfy the training requirements that NSA frequently points to in congressional testimony as demonstrating its scrupulousness. Walton added that he was “seriously concerned” by the placement of Americans’ email and internet metadata into “databases accessible by outside agencies, which, as the government has acknowledged, violates not only the court’s orders, but also NSA’s minimization and dissemination procedures as set forth in USSID 18.”
  • In 2011, Bates wrote that the “volume and nature” of the NSA’s bulk collection on foreign internet content was “fundamentally different from what the court had been led to believe”. Yet the documents disclosed Monday night, thanks to a transparency lawsuit, show that Bates and Walton permitted the surveillance of Americans’ bulk email and internet metadata to continue under additional restrictions, out of concern for the ongoing terrorism threat.
  • Elizabeth Goitien of the Brennan Center for Justice at New York University said that the declassified opinions raise disturbing questions about the NSA’s truthfulness. “Either the NSA is really trying to comply with the court’s orders and is absolutely incapable of doing so, in which case it’s terrifying that they’re performing this surveillance, or they’re not really trying to comply,” Goitien said. “Neither of those explanations is particularly comforting.”
Paul Merrell

Senate CIA torture report could throw Gitmo hearings into chaos | Al Jazeera America - 0 views

  • The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe. The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system. Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive. In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.
  • But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. “The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.” The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.
  • The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, 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.” Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September. “We have an absolute right to review that and have it produced in discovery,” Wright said.
  • ...4 more annotations...
  • Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.
  • But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.
  • “Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.
  • Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
  •  
    A ray of sunlight ahead in the Gitmo detainee prosecutions?
Paul Merrell

The American Deep State, Deep Events, and Off-the-Books Financing | Global Research - 0 views

  • It is alleged that some of the bail money that released Sturgis and the other Watergate burglars was drug money from the CIA asset turned drug trafficker, Manuel Artime, and delivered by Artime’s money-launderer, Ramón Milián Rodríguez. After the Iran-Contra scandal went public, Milián Rodríguez was investigated by a congressional committee – not for Watergate, but because, in support of the Contras, he had managed two Costa Rican seafood companies, Frigorificos and Ocean Hunter, that laundered drug money.6
  • In the 1950s Wall Street was a dominating complex. It included not just banks and other financial institutions but also the oil majors whose cartel arrangements were successfully defended against the U.S. Government by the Wall Street law firm Sullivan and Cromwell, home to the Dulles brothers. The inclusion of Wall Street conforms with Franklin Roosevelt’s observation in 1933 to his friend Col. E.M. House that “The real truth … is, as you and I know, that a financial element in the larger centers has owned the Government ever since the days of Andrew Jackson.”18 FDR’s insight is well illustrated by the efficiency with which a group of Wall Street bankers (including Nelson Rockefeller’s grandfather Nelson Aldrich) were able in a highly secret meeting in 1910 to establish the Federal Reserve System – a system which in effect reserved oversight of the nation’s currency supply and of all America’s banks in the not impartial hands of its largest.19 The political clout of the quasi-governmental Federal Reserve Board was clearly demonstrated in 2008, when Fed leadership secured instant support from two successive administrations for public money to rescue the reckless management of Wall Street banks: banks Too Big To Fail, and of course far Too Big To Jail, but not Too Big To Bail.20
  • since its outset, the CIA has always had access to large amounts of off-the books or offshore funds to support its activities. Indeed, the power of the purse has usually worked in an opposite sense, since those in control of deep state offshore funds supporting CIA activities have for decades also funded members of Congress and of the executive – not vice versa. The last six decades provide a coherent and continuous picture of historical direction being provided by this deep state power of the purse, trumping and sometimes reversing the conventional state. Let us resume some of the CIA’s sources of offshore and off-the-books funding for its activities. The CIA’s first covert operation was the use of “over $10 million in captured Axis funds to influence the [Italian] election [of 1948].”25 (The fundraising had begun at the wealthy Brook Club in New York; but Allen Dulles, then still a Wall Street lawyer, persuaded Washington, which at first had preferred a private funding campaign, to authorize the operation through the National Security Council and the CIA.)26 Dulles, together with George Kennan and James Forrestal, then found a way to provide a legal source for off-the-books CIA funding, under the cover of the Marshall Plan. The three men “helped devise a secret codicil [to the Marshall Plan] that gave the CIA the capability to conduct political warfare. It let the agency skim millions of dollars from the plan.”27
  • ...18 more annotations...
  • The international lawyers of Wall Street did not hide from each other their shared belief that they understood better than Washington the requirements for running the world. As John Foster Dulles wrote in the 1930s to a British colleague, The word “cartel” has here assumed the stigma of a bogeyman which the politicians are constantly attacking. The fact of the matter is that most of these politicians are highly insular and nationalistic and because the political organization of the world has under such influence been so backward, business people who have had to cope realistically with international problems have had to find ways for getting through and around stupid political barriers.21
  • In the 1960s and especially the 1970s America began to import more and more oil from the Middle East. But the negative effect on the U.S. balance of payments was offset by increasing arms and aviation sales to Iran and Saudi Arabia. Contracts with companies like Northrop and especially Lockheed (the builder of the CIA’s U-2) included kickbacks to arms brokers, like Kodama Yoshio in Japan and Adnan Khashoggi in Saudi Arabia, who were also important CIA agents. Lockheed alone later admitted to the Church Committee that it had provided $106 million in commissions to Khashoggi between 1970 and 1975, more than ten times what it had paid to the next most important connection, Kodama.31 These funds were then used by Khashoggi and Kodama to purchase pro-Western influence. But Khashoggi, advised by a team of ex-CIA Americans like Miles Copeland and Edward Moss, distributed cash, and sometimes provided women, not just in Saudi Arabia but around the world – including cash to congressmen and President Nixon in the United States.32 Khashoggi in effect served as a “cutout,” or representative, in a number of operations forbidden to the CIA and the companies he worked with. Lockheed, for one, was conspicuously absent from the list of military contractors who contributed illicitly to Nixon’s 1972 election campaign. But there was no law prohibiting, and nothing else to prevent their official representative, Khashoggi, from cycling $200 million through the bank of Nixon’s friend Bebe Rebozo.33
  • The most dramatic use of off-the-books drug profits to finance foreign armies was seen in the 1960s CIA-led campaign in Laos. There the CIA supplied airstrips and planes to support a 30,000-man drug-financed Hmong army. At one point Laotian CIA station chief Theodore Shackley even called in CIA aircraft in support of a ground battle to seize a huge opium caravan on behalf of the larger Royal Laotian Army.30
  • At the time of the Marshall Plan slush fund in Europe, the CIA also took steps which resulted in drug money to support anti-communist armies in the Far East. In my book American War Machine I tell how the CIA, using former OSS operative Paul Helliwell, created two proprietary firms as infrastructure for a KMT army in Burma, an army which quickly became involved in managing and developing the opium traffic there. The two firms were SEA Supply Inc. in Bangkok and CAT Inc. (later Air America) in Taiwan. Significantly, the CIA split ownership of CAT Inc.’s plane with KMT bankers in Taiwan – this allowed the CIA to deny responsibility for the flights when CAT planes, having delivered arms from Sea Supply to the opium-growing army, then returned to Taiwan with opium for the KMT. Even after the CIA officially severed its connection to the KMT Army in 1953, its proprietary firm Sea Supply Inc. supplied arms for a CIA-led paramilitary force, PARU, that also was financed, at least in part, by the drug traffic.28 Profits from Thailand filtered back, in part through the same Paul Helliwell, as donations to members from both parties in Congress. Thai dictator Phao Sriyanon, a drug trafficker who was then alleged to be the richest man in the world, hired lawyer Paul Helliwell…as a lobbyist in addition to [former OSS chief William] Donovan [who in 1953-55 was US Ambassador to Thailand]. Donovan and Helliwell divided the Congress between them, with Donovan assuming responsibility for the Republicans and Helliwell taking the Democrats.29
  • The power exerted by Khashoggi was not limited to his access to funds and women. By the 1970s, Khashoggi and his aide Edward Moss owned the elite Safari Club in Kenya.34 The exclusive club became the first venue for another and more important Safari Club: an alliance between Saudi and other intelligence agencies that wished to compensate for the CIA’s retrenchment in the wake of President Carter’s election and Senator Church’s post-Watergate reforms.35
  • As former Saudi intelligence chief Prince Turki bin Faisal once told Georgetown University alumni, In 1976, after the Watergate matters took place here, your intelligence community was literally tied up by Congress. It could not do anything. It could not send spies, it could not write reports, and it could not pay money. In order to compensate for that, a group of countries got together in the hope of fighting Communism and established what was called the Safari Club. The Safari Club included France, Egypt, Saudi Arabia, Morocco, and Iran.36 Prince Turki’s candid remarks– “your intelligence community was literally tied up by Congress. …. In order to compensate for that, a group of countries got together … and established what was called the Safari Club.” – made it clear that the Safari Club, operating at the level of the deep state, was expressly created to overcome restraints established by political decisions of the public state in Washington (decisions not only of Congress but also of President Carter).
  • Specifically Khashoggi’s activities involving corruption by sex and money, after they too were somewhat curtailed by Senator Church’s post-Watergate reforms, appear to have been taken up quickly by the Bank of Credit and Commerce International (BCCI), a Muslim-owned bank where Khashoggi’s friend and business partner Kamal Adham, the Saudi intelligence chief and a principal Safari Club member, was a part-owner.37 In the 1980s BCCI, and its allied shipping empire owned by the Pakistani Gokal brothers, supplied financing and infrastructure for the CIA’s (and Saudi Arabia’s) biggest covert operation of the decade, support for the Afghan mujahedin. To quote from a British book excerpted in the Senate BCCI Report: “BCCI’s role in assisting the U.S. to fund the Mujaheddin guerrillas fighting the Soviet occupation is drawing increasing attention. The bank’s role began to surface in the mid-1980′s when stories appeared in the New York Times showing how American security operatives used Oman as a staging post for Arab funds. This was confirmed in the Wall Street Journal of 23 October 1991 which quotes a member of the late General Zia’s cabinet as saying ‘It was Arab money that was pouring through BCCI.’ The Bank which carried the money on from Oman to Pakistan and into Afghanistan was National Bank of Oman, where BCCI owned 29%.”38
  • In 1981 Vice-president Bush and Saudi Prince Bandar, working together, won congressional approval for massive new arms sales of AWACS (airborne warning and control system) aircraft to Saudi Arabia. In the $5.5 billion package, only ten percent covered the cost of the planes. Most of the rest was an initial installment on what was ultimately a $200 billion program for military infrastructure through Saudi Arabia.41 It also supplied a slush fund for secret ops, one administered for over a decade in Washington by Prince Bandar, after he became the Saudi Ambassador (and a close friend of the Bush family, nicknamed “Bandar Bush”). In the words of researcher Scott Armstrong, the fund was “the ultimate government-off-the-books.” Not long after the AWACS sale was approved, Prince Bandar thanked the Reagan administration for the vote by honoring a request by William Casey that he deposit $10 million in a Vatican bank to be used in a campaign against the Italian Communist Party. Implicit in the AWACS deal was a pledge by the Saudis to fund anticommunist guerrilla groups in Afghanistan, Angola, and elsewhere that were supported by the Reagan Administration.42 The Vatican contribution, “for the CIA’s long-time clients, the Christian Democratic Party,” of course continued a CIA tradition dating back to 1948.
  • The activities of the Safari Club were exposed after Iranians in 1979 seized the records of the US Embassy in Tehran. But BCCI support for covert CIA operations, including Iran-Contra, continued until BCCI’s criminality was exposed at the end of the decade. Meanwhile, with the election of Ronald Reagan in 1980, Washington resumed off-budget funding for CIA covert operations under cover of arms contracts to Saudi Arabia. But this was no longer achieved through kickbacks to CIA assets like Khashoggi, after Congress in 1977 made it illegal for American corporations to make payments to foreign officials. Instead arrangements were made for payments to be returned, through either informal agreements or secret codicils in the contracts, by the Saudi Arabian government itself. Two successive arms deals, the AWACS deal of 1981 and the al-Yamamah deal of 1985, considerably escalated the amount of available slush funds.
  • It is reported in two books that the BCCI money flow through the Bank of Oman was handled in part by the international financier Bruce Rappaport, who for a decade, like Khashoggi, kept a former CIA officer on his staff.39 Rappaport’s partner in his Inter Maritime Bank, which interlocked with BCCI, was E.P. Barry, who earlier had been a partner in the Florida money-laundering banks of Paul Helliwell.40
  • After a second proposed major U.S. arms sale met enhanced opposition in Congress in 1985 from the Israeli lobby, Saudi Arabia negotiated instead a multi-billion pound long-term contract with the United Kingdom – the so-called al-Yamamah deal. Once again overpayments for the purchased weapons were siphoned off into a huge slush fund for political payoffs, including “hundreds of millions of pounds to the ex-Saudi ambassador to the US, Prince Bandar bin Sultan.”43 According to Robert Lacey, the payments to Prince Bandar were said to total one billion pounds over more than a decade.44 The money went through a Saudi Embassy account in the Riggs Bank, Washington; according to Trento, the Embassy’s use of the Riggs Bank dated back to the mid-1970s, when, in his words, “the Saudi royal family had taken over intelligence financing for the United States.”45 More accurately, the financing was not for the United States, but for the American deep state.
  • This leads me to the most original and important thing I have to say. I believe that these secret funds from BCCI and Saudi arms deals – first Khashoggi’s from Lockheed and then Prince Bandar’s from the AWACS and al-Yamamah deals – are the common denominator in all of the major structural deep events (SDEs) that have afflicted America since the supranational Safari Club was created in l976. I am referring specifically to 1) the covert US intervention in Afghanistan (which started about 1978 as a Safari Club intervention, more than a year before the Russian invasion), 2) the 1980 October Surprise, which together with an increase in Saudi oil prices helped assure Reagan’s election and thus give us the Reagan Revolution, 3) Iran-Contra in 1984-86, 4) and – last but by no means least – 9/11. That is why I believe it is important to analyze these events at the level of the supranational deep state. Let me just cite a few details.
  • 1) the 1980 October Surprise. According to Robert Parry, Alexandre de Marenches, the principal founder of the Safari Club, arranged for William Casey (a fellow Knight of Malta) to meet with Iranian and Israeli representatives in Paris in July and October 1980, where Casey promised delivery to Iran of needed U.S. armaments, in exchange for a delay in the return of the U.S. hostages in Iran until Reagan was in power. Parry suspects a role of BCCI in both the funding of payoffs for the secret deal and the subsequent flow of Israeli armaments to Iran.46 In addition, John Cooley considers de Marenches to be “the Safari Club player who probably did most to draw the US into the Afghan adventure.”47 2) the Iran-Contra scandal (including the funding of the Contras, the illegal Iran arms sales, and support for the Afghan mujahideen There were two stages to Iran-Contra. For twelve months in 1984-85, after meeting with Casey, King Fahd of Saudi Arabia, in the spirit of the AWACS deal, supported the Nicaraguan Contras via Prince Bandar through a BCCI bank account in Miami. But in April 1985, after the second proposed arms sale fell through, McFarlane, fearing AIPAC opposition, terminated this direct Saudi role. Then Khashoggi, with the help of Miles Copeland, devised a new scheme in which Iranian arms sales involving Israel would fund the contras. The first stage of Iran-Contra was handled by Prince Bandar through a BCCI account in Miami; the second channel was handled by Khashoggi through a different BCCI account in Montecarlo. The Kerry-Brown Senate Report on BCCI also transmitted allegations from a Palestinian-American businessman, Sam Bamieh, that Khashoggi’s funds from BCCI for arms sales to Iran came ultimately from King Fahd of Saudi Arabia, who “was hoping to gain favor with Ayatollah Ruhollah Khomeini.”48
  • 3) 9/11 When the two previously noted alleged hijackers or designated culprits, al-Mihdhar and al-Hazmi, arrived in San Diego, a Saudi named Omar al-Bayoumi both housed them and opened bank accounts for them. Soon afterwards Bayoumi’s wife began receiving monthly payments from a Riggs bank account held by Prince Bandar’s wife, Princess Haifa bint Faisal.49 In addition, Princess Haifa sent regular monthly payments of between $2,000 and $3,500 to the wife of Osama Basnan, believed by various investigators to be a spy for the Saudi government. In all, “between 1998 and 2002, up to US $73,000 in cashier cheques was funneled by Bandar’s wife Haifa … – to two Californian families known to have bankrolled al-Midhar and al-Hazmi.”50 Although these sums in themselves are not large, they may have been part of a more general pattern. Author Paul Sperry claims there was possible Saudi government contact with at least four other of the alleged hijackers in Virginia and Florida. For example, “9/11 ringleader Mohamed Atta and other hijackers visited s home owned by Esam Ghazzawi, a Saudi adviser to the nephew of King Fahd.”51
  • But it is wrong to think of Bandar’s accounts in the Riggs Bank as uniquely Saudi. Recall that Prince Bandar’s payments were said to have included “a suitcase containing more than $10 million” that went to a Vatican priest for the CIA’s long-time clients, the Christian Democratic Party.52 In 2004, the Wall Street Journal reported that the Riggs Bank, which was by then under investigation by the Justice Department for money laundering, “has had a longstanding relationship with the Central Intelligence Agency, according to people familiar with Riggs operations and U.S. government officials.”53 Meanwhile President Obiang of Equatorial Guinea “siphoned millions from his country’s treasury with the help of Riggs Bank in Washington, D.C.”54 For this a Riggs account executive, Simon Kareri, was indicted. But Obiang enjoyed State Department approval for a contract with the private U.S. military firm M.P.R.I., with an eye to defending offshore oil platforms owned by ExxonMobil, Marathon, and Hess.55 Behind the CIA relationship with the Riggs Bank was the role played by the bank’s overseas clients in protecting U.S. investments, and particularly (in the case of Saudi Arabia and Equatorial Guinea), the nation’s biggest oil companies.
  • The issue of Saudi Embassy funding of at least two (and possibly more) of the alleged 9/11 hijackers (or designated culprits) is so sensitive that, in the 800-page Joint Congressional Inquiry Report on 9/11, the entire 28-page section dealing with Saudi financing was very heavily redacted.56 A similar censorship occurred with the 9/11 Commission Report: According to Philip Shenon, several staff members felt strongly that they had demonstrated a close Saudi government connection to the hijackers, but a senior staff member purged almost all of the most serious allegations against the Saudi government, and moved the explosive supporting evidence to the report’s footnotes.57 It is probable that this cover-up was not designed for the protection of the Saudi government itself, so much as of the supranational deep state connection described in this essay, a milieu where American, Saudi, and Israeli elements all interact covertly. One sign of this is that Prince Bandar himself, sensitive to the anti-Saudi sentiment that 9/11 caused, has been among those calling for the U.S. government to make the redacted 28 pages public.58
  • This limited exposure of the nefarious use of funds generated from Saudi arms contracts has not created a desire in Washington to limit these contracts. On the contrary, in 2010, the second year of the Obama administration, The Defense Department … notified Congress that it wants to sell $60 billion worth of advanced aircraft and weapons to Saudi Arabia. The proposed sale, which includes helicopters, fighter jets, radar equipment and satellite-guided bombs, would be the largest arms deal to another country in U.S. history if the sale goes through and all purchases are made.59 The sale did go through; only a few congressmen objected.60 The deep state, it would appear, is alive and well, and impervious to exposures of it. It is clear that for some decades the bottom-upwards processes of democracy have been increasingly supplanted by the top-downwards processes of the deep state.
  • But the deeper strain in history, I would like to believe, is in the opposite direction: the ultimate diminution of violent top-down forces by the bottom-up forces of an increasingly integrated civil society.61 In the last months we have had Wikileaks, then Edward Snowden, and now the fight between the CIA and its long-time champion in Congress, Dianne Feinstein. It may be time to see a systemic correction, much as we did after Daniel Ellsberg’s release of the Pentagon Papers, which was followed by Watergate and the Church Committee reforms. I believe that to achieve this correction there must be a better understanding of deep events and of the deep state. Ultimately, however, whether we see a correction or not will depend, at least in part, on how much people care.
Paul Merrell

How Secret Partners Expand NSA's Surveillance Dragnet - The Intercept - 0 views

  • Huge volumes of private emails, phone calls, and internet chats are being intercepted by the National Security Agency with the secret cooperation of more foreign governments than previously known, according to newly disclosed documents from whistleblower Edward Snowden. The classified files, revealed today by the Danish newspaper Dagbladet Information in a reporting collaboration with The Intercept, shed light on how the NSA’s surveillance of global communications has expanded under a clandestine program, known as RAMPART-A, that depends on the participation of a growing network of intelligence agencies.
  • It has already been widely reported that the NSA works closely with eavesdropping agencies in the United Kingdom, Canada, New Zealand, and Australia as part of the so-called Five Eyes surveillance alliance. But the latest Snowden documents show that a number of other countries, described by the NSA as “third-party partners,” are playing an increasingly important role – by secretly allowing the NSA to install surveillance equipment on their fiber-optic cables. The NSA documents state that under RAMPART-A, foreign partners “provide access to cables and host U.S. equipment.” This allows the agency to covertly tap into “congestion points around the world” where it says it can intercept the content of phone calls, faxes, e-mails, internet chats, data from virtual private networks, and calls made using Voice over IP software like Skype.
  • The secret documents reveal that the NSA has set up at least 13 RAMPART-A sites, nine of which were active in 2013. Three of the largest – codenamed AZUREPHOENIX, SPINNERET and MOONLIGHTPATH – mine data from some 70 different cables or networks. The precise geographic locations of the sites and the countries cooperating with the program are among the most carefully guarded of the NSA’s secrets, and these details are not contained in the Snowden files. However, the documents point towards some of the countries involved – Denmark and Germany among them. An NSA memo prepared for a 2012 meeting between the then-NSA director, Gen. Keith Alexander, and his Danish counterpart noted that the NSA had a longstanding partnership with the country’s intelligence service on a special “cable access” program. Another document, dated from 2013 and first published by Der Spiegel on Wednesday, describes a German cable access point under a program that was operated by the NSA, the German intelligence service BND, and an unnamed third partner.
  • ...2 more annotations...
  • The program, which the secret files show cost U.S. taxpayers about $170 million between 2011 and 2013, sweeps up a vast amount of communications at lightning speed. According to the intelligence community’s classified “Black Budget” for 2013, RAMPART-A enables the NSA to tap into three terabits of data every second as the data flows across the compromised cables – the equivalent of being able to download about 5,400 uncompressed high-definition movies every minute. In an emailed statement, the NSA declined to comment on the RAMPART-A program. “The fact that the U.S. government works with other nations, under specific and regulated conditions, mutually strengthens the security of all,” said NSA spokeswoman Vanee’ Vines. “NSA’s efforts are focused on ensuring the protection of the national security of the United States, its citizens, and our allies through the pursuit of valid foreign intelligence targets only.”
  • The Danish and German operations appear to be associated with RAMPART-A because it is the only NSA cable-access initiative that depends on the cooperation of third-party partners. Other NSA operations tap cables without the consent or knowledge of the countries that host the cables, or are operated from within the United States with the assistance of American telecommunications companies that have international links. One secret NSA document notes that most of the RAMPART-A projects are operated by the partners “under the cover of an overt comsat effort,” suggesting that the tapping of the fiber-optic cables takes place at Cold War-era eavesdropping stations in the host countries, usually identifiable by their large white satellite dishes and radomes. A shortlist of other countries potentially involved in the RAMPART-A operation is contained in the Snowden archive. A classified presentation dated 2013, published recently in Intercept editor Glenn Greenwald’s book No Place To Hide, revealed that the NSA had top-secret spying agreements with 33 third-party countries, including Denmark, Germany, and 15 other European Union member states:
  •  
    Don't miss the slide with the names of the NSA-partner nations. Lots of E.U. member nations.
Paul Merrell

FOIA Reform Bill on Senate Judiciary Agenda, State Secrets, and Much More: FRINFORMSUM ... - 0 views

  • Finally, this week’s #tbt document pick – and recently picked up by Reddit’s TIL feed – is a March 1967 CIA report entitled “Views on Trained Cats [Redacted] for [Redacted] Use,” more popularly known as the CIA’s “acoustic kitty” project. In what the CIA described as a “remarkable scientific achievement,” though later conceding it was not a “practical eavesdropping device,” the CIA stuffed a live cat with electronic spying equipment and attempted to train it to become a Cold War spy. After the cat had batteries and wires placed inside of it and an antenna inserted into its tail, several CIA agents took it outside to a park to see if it would, well, work. The cat was promptly hit by a taxi instead. The project cost 15$ million.
Paul Merrell

State Dept. turns up thousands of emails from top Clinton aide | TheHill - 0 views

  • State Department officials have uncovered thousands of emails between Philippe Reines, a top Hillary Clinton aide, and members of the media, they previously said did not exist.In a court filing last Thursday, the State Department estimated that a recent search turned up more than 81,000 emails from Reines’s official account while at the State Department. And 17,855 potentially fall within a Freedom of Information Act (FOIA) lawsuit filed by Gawker earlier this year.ADVERTISEMENTThat is a reversal from 2013, when the State Department said a thorough search turned up no responsive records for Gawker’s request. In 2012, Gawker requested all emails between Reines and reporters from 34 media outlets.The State Department did not explain the reversal in the court document, nor did it return a request for comment.It will begin releasing a tranche of Reines's emails by the end of September.
  • fter it was revealed earlier this year that Clinton, and potentially some of her aides, used personal email accounts for official business, Gawker sued the State Department over its initial request for communications between Reines and reporters.Gawker asserted the search must not have been exhaustive if it turned up no emails between the press and a State Department spokesman, who regularly communicated with the media.In March, Reines said reporters would have to ask the State Department about the apparent discrepancy.In last week’s court filing, the State Department estimated it would begin releasing some of those emails that do not fall within an exemption on Sept. 30. It will release more every 30 days as they are reviewed.The agency said it does not know how many of the 17,855 are exempt from disclosure and will have to be redacted or handed over to other agencies for redaction
Paul Merrell

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

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

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • ...6 more annotations...
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

Most Agencies Falling Short on Mandate for Online Records - 0 views

  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
  • ...9 more annotations...
  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
Paul Merrell

Britain faces exposure over links to CIA secret torture sites | World news | The Observer - 0 views

  • US Senate report may confirm that Diego Garcia was used for extraordinary rendition after 9/11
  • The government stands accused of seeking to conceal Britain's role in extraordinary rendition, ahead of the release of a declassified intelligence report that exposes the use of torture at US secret prisons around the world.
  • Now, in a letter to the human rights group Reprieve, former foreign secretary William Hague has confirmed that the UK government has held discussions with the US about what it intends to reveal in the report which, according to al-Jazeera, acknowledges that the British territory of Diego Garcia was used for extraordinary rendition."We have made representations to seek assurances that ordinary procedures for clearance of UK material will be followed in the event that UK material provide[d] to the Senate committee were to be disclosed," Hague wrote.Cori Crider, a director at Reprieve, accused the UK government of seeking to redact embarrassing information: "This shows that the UK government is attempting to censor the US Senate's torture report. In plain English, it is a request to the US to keep Britain's role in rendition out of the public domain."
  • ...2 more annotations...
  • Lawyers representing a number of terrorist suspects held at Guantánamo Bay believe their clients were rendered via Diego Garcia. Papers found in Libya indicated that the US planned to transport Abdul-Hakim Belhaj, an opponent of Muammar Gaddafi, and his wife via the territory, an atoll in the Indian Ocean leased by Britain to the US. The government has denied Belhaj was rendered via Diego Garcia, but there are suspicions that others were held on the atoll.Crider said the UK's attempts to lobby the US into redacting parts of the report "turns the government's defence in the Libyan renditions case of Abdul-Hakim Belhaj and his wife entirely on its head".The government has consistently sought to block Belhaj from bringing a case against it.
  • "The government protested America would be angered if this kidnap case ever went to trial – and now we learn the British government is leaning on the Americans not to air Britain's dirty laundry. It exposes their litigation stance as mere posturing," she added.Confirmation that a British territory was involved in extraordinary rendition could leave the government vulnerable to legal action. Last month the European court of human rights ruled that the Polish government actively assisted the CIA's European "black site" programme, which saw detainees interrogated in secret prisons across the continent.The court concluded it was "established beyond reasonable doubt" that Abu Zubaydah, a Guantánamo detainee the US mistakenly believed to be a senior member of al-Qaida, was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.The judges concluded that not only was Poland "informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory", but also "for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it", prompting lawyers to ask what else it has been used for since.
Paul Merrell

Tomgram: Engelhardt, Who Rules Washington? | TomDispatch - 0 views

  • As every schoolchild knows, there are three check-and-balance branches of the U.S. government: the executive, Congress, and the judiciary. That’s bedrock Americanism and the most basic high school civics material. Only one problem: it’s just not so. During the Cold War years and far more strikingly in the twenty-first century, the U.S. government has evolved.  It sprouted a fourth branch: the national security state, whose main characteristic may be an unquenchable urge to expand its power and reach.  Admittedly, it still lacks certain formal prerogatives of governmental power.  Nonetheless, at a time when Congress and the presidency are in a check-and-balance ballet of inactivity that would have been unimaginable to Americans of earlier eras, the Fourth Branch is an ever more unchecked and unbalanced power center in Washington.  Curtained off from accountability by a penumbra of secrecy, its leaders increasingly are making nitty-gritty policy decisions and largely doing what they want, a situation illuminated by a recent controversy over the possible release of a Senate report on CIA rendition and torture practices.
  • All of this is or should be obvious, but remains surprisingly unacknowledged in our American world. The rise of the Fourth Branch began at a moment of mobilization for a global conflict, World War II.  It gained heft and staying power in the Cold War of the second half of the twentieth century, when that other superpower, the Soviet Union, provided the excuse for expansion of every sort.  Its officials bided their time in the years after the fall of the Soviet Union, when “terrorism” had yet to claim the landscape and enemies were in short supply.  In the post-9/11 era, in a phony “wartime” atmosphere, fed by trillions of taxpayer dollars, and under the banner of American “safety,” it has grown to unparalleled size and power.  So much so that it sparked a building boom in and around the national capital (as well as elsewhere in the country).  In their 2010 Washington Post series “Top Secret America,” Dana Priest and William Arkin offered this thumbnail summary of the extent of that boom for the U.S. Intelligence Community: “In Washington and the surrounding area,” they wrote, “33 building complexes for top-secret intelligence work are under construction or have been built since September 2001. Together they occupy the equivalent of almost three Pentagons or 22 U.S. Capitol buildings -- about 17 million square feet of space.”  And in 2014, the expansion is ongoing.
  • In this century, a full-scale second “Defense Department,” the Department of Homeland Security, was created.  Around it has grown up a mini-version of the military-industrial complex, with the usual set of consultants, K Street lobbyists, political contributions, and power relations: just the sort of edifice that President Eisenhower warned Americans about in his famed farewell address  in 1961.  In the meantime, the original military-industrial complex has only gained strength and influence. Increasingly, post-9/11, under the rubric of “privatization,” though it should more accurately have been called “corporatization,” the Pentagon took a series of crony companies off to war with it.  In the process, it gave “capitalist war” a more literal meaning, thanks to its wholesale financial support of, and the shrugging off of previously military tasks onto, a series of warrior corporations. Meanwhile, the 17 members of the U.S. Intelligence Community -- yes, there are 17 major intelligence outfits in the national security state -- have been growing, some at prodigious rates.  A number of them have undergone their own versions of corporatization, outsourcing many of their operations to private contractors in staggering numbers, so that we now have “capitalist intelligence” as well.  With the fears from 9/11 injected into society and the wind of terrorism at their backs, the Intelligence Community has had a remarkably free hand to develop surveillance systems that are now essentially “watching” everyone -- including, it seems, other branches of the government.
  • ...4 more annotations...
  • From the Pentagon to the Department of Homeland Security to the labyrinthine world of intelligence, the rise to power of the national security state has been a spectacle of our time.  Whenever news of its secret operations begins to ooze out, threatening to unnerve the public, the White House and Congress discuss “reforms” which will, at best, modestly impede the expansive powers of that state within a state.  Generally speaking, its powers and prerogatives remain beyond constraint by that third branch of government, the non-secret judiciary.  It is deferred to with remarkable frequency by the executive branch and, with the rarest of exceptions, it has been supported handsomely with much obeisance and few doubts by Congress. And also keep in mind that, of the four branches of government, only two of them -- an activist Supreme Court and the national security state -- seem capable of functioning in a genuine policymaking capacity at the moment.
  • In that light, let’s turn to a set of intertwined events in Washington that have largely been dealt with in the media as your typical tempest in a teapot, a catfight among the vested and powerful.  I’m talking about the various charges and countercharges, anger, outrage, and irritation, as well as news of acts of seeming illegality now swirling around a 6,300-page CIA “torture report” produced but not yet made public by the Senate Intelligence Committee.  This ongoing controversy reveals a great deal about the nature of the checks and balances on the Fourth Branch of government in 2014.
  • Fourteen years into the twenty-first century, we’re so used to this sort of thing that we seldom think about what it means to let the CIA -- accused of a variety of crimes -- be the agency to decide what exactly can be known by the public, in conjunction with a deferential White House.  The Agency’s present director, it should be noted, has been a close confidant and friend of the president and was for years his key counterterrorism advisor.  To get a sense of what all this really means, you need perhaps to imagine that, in 2004, the 9/11 Commission was forced to turn its report over to Osama bin Laden for vetting and redaction before releasing it to the public.  Extreme as that may sound, the CIA is no less a self-interested party. And this interminable process has yet to end, although the White House is supposed to release something, possibly heavily redacted, as early as this coming week or perhaps in the dog days of August.
  • The fact is that, for the Fourth Branch, this remains the age of impunity.  Hidden in a veil of secrecy, bolstered by secret law and secret courts, surrounded by its chosen corporations and politicians, its power to define policy and act as it sees fit in the name of American safety is visibly on the rise.  No matter what setbacks it experiences along the way, its urge to expand and control seems, at the moment, beyond staunching.  In the context of the Senate’s torture report, the question at hand remains: Who rules Washington?
  •  
    The indefatigable and perceptive Tom Englehardt finds formally secret features of the Dark State revealed in the ongoing political jockeying involving the CIA's torture, black prisons, and extarordinary rendition program. 
Paul Merrell

12 Things to Keep in Mind When You Read the Torture Report - The Intercept - 0 views

  • The Senate Intelligence Committee’s torture report will be released “in a matter of days,” a committee staffer tells The Intercept. The report, a review of brutal CIA interrogation methods during the presidency of George W. Bush, has been the subject of a contentious back-and-forth, with U.S. intelligence agencies and the White House on one side pushing for mass redactions in the name of national security and committee staffers on the other arguing that the proposed redactions render the report unintelligible. Should something emerge, here are some important caveats to keep in mind:
Paul Merrell

Senator blasts CIA for censoring 'torture' report - 0 views

  • Sen. Ron Wyden says the CIA is trying to blunt the impact of an upcoming Senate report examining the harsh treatment of al-Qaida detainees by insisting on censoring the pseudonyms used for agency officers mentioned in the document. "The intelligence leadership doing everything they can to bury the facts," said Wyden, D-Ore., a Senate Intelligence Committee member who has been a frequent critic of the spy agency.
  • President Barack Obama and other senior officials have said the CIA's use of waterboarding, stress positions, sleep deprivation and other harsh techniques on some detainees constituted torture. Many current and former CIA officers dispute that. The Senate report asserts that the harsh treatment didn't work and that CIA officials misled Congress and other government agencies about it. Also to be released is a CIA response, and a separate one by Senate Republicans, which challenge the report's conclusions. CIA officials say they fear the publication of officer pseudonyms — often just a first name such as "Roger"— would lead to the unmasking of undercover officers. Readers could track the same person in different jobs and places, making it easier to discover their identity. Without the pseudonyms, Wyden says, the report would be much harder to understand because readers wouldn't be able to distinguish different CIA officers. Readers wouldn't know, for example, whether same CIA official had been accused of lying multiple times.
  • Wyden pointed out that the 9/11 Commission Report and a 2004 report into abuses at Iraq's Abu Ghraib prison used pseudonyms for CIA officers. "I think it is appropriate to redact specific identifying information so the identities of undercover officers are not publicly exposed," Wyden told The Associated Press. Wyden said the Senate report documents "falsehoods, misdeeds and mistakes" by the CIA. Asked about Wyden's remarks, CIA spokesman Dean Boyd said, "Pseudonyms are redacted to keep individual intelligence officers from being identified and potentially harmed. Making public those pseudonyms associated with individual officers, as well as dates, locations and other identifying information related to those officers, dramatically increases the likelihood that they will be exposed and potentially subject to threats or violence."
  •  
    But if we put the torturers in prison for the rest of their lives where they belong, we wouldn't need to worry about them being under cover or being identified. We could just use their real names. 
Paul Merrell

The CIA Just Declassified the Document That Supposedly Justified the Iraq Invasion | VI... - 0 views

  • Thirteen years ago, the intelligence community concluded in a 93-page classified document used to justify the invasion of Iraq that it lacked "specific information" on "many key aspects" of Iraqi President Saddam Hussein's weapons of mass destruction (WMD) programs.But that's not what top Bush administration officials said during their campaign to sell the war to the American public. Those officials, citing the same classified document, asserted with no uncertainty that Iraq was actively pursuing nuclear weapons, concealing a vast chemical and biological weapons arsenal, and posing an immediate and grave threat to US national security. Congress eventually concluded that the Bush administration had "overstated" its dire warnings about the Iraqi threat, and that the administration's claims about Iraq's WMD program were "not supported by the underlying intelligence reporting." But that underlying intelligence reporting — contained in the so-called National Intelligence Estimate (NIE) that was used to justify the invasion — has remained shrouded in mystery until now.
  • The CIA released a copy of the NIE in 2004 in response to a Freedom of Information Act (FOIA) request, but redacted virtually all of it, citing a threat to national security. Then last year, John Greenewald, who operates The Black Vault, a clearinghouse for declassified government documents, asked the CIA to take another look at the October 2002 NIE to determine whether any additional portions of it could be declassified.The agency responded to Greenewald this past January and provided him with a new version of the NIE, which he shared exclusively with VICE News, that restores the majority of the prewar Iraq intelligence that has eluded historians, journalists, and war critics for more than a decade. (Some previously redacted portions of the NIE had previously been disclosed in congressional reports.)
  • For the first time, the public can now read the hastily drafted CIA document [pdf below] that led Congress to pass a joint resolution authorizing the use of military force in Iraq, a costly war launched March 20, 2003 that was predicated on "disarming" Iraq of its (non-existent) WMD, overthrowing Saddam Hussein, and "freeing" the Iraqi people.A report issued by the government funded think-tank RAND Corporation last December titled "Blinders, Blunders and Wars" said the NIE "contained several qualifiers that were dropped…. As the draft NIE went up the intelligence chain of command, the conclusions were treated increasingly definitively."
  • ...1 more annotation...
  • Thirteen years ago, the intelligence community concluded in a 93-page classified document used to justify the invasion of Iraq that it lacked "specific information" on "many key aspects" of Iraqi President Saddam Hussein's weapons of mass destruction (WMD) programs.But that's not what top Bush administration officials said during their campaign to sell the war to the American public. Those officials, citing the same classified document, asserted with no uncertainty that Iraq was actively pursuing nuclear weapons, concealing a vast chemical and biological weapons arsenal, and posing an immediate and grave threat to US national security. 
  •  
    Confirmation that the intelligence was being fixed around the goal, but also that Bush2 and his administration stretched even that intelligence report beyond recognition. 
Gary Edwards

The Empire Takes a Hit: NSA Update - 2 views

........................................................................................ NSA Conversation with retired lawyer and Open Source legal expert, "Marbux". ...........................

Federal-Reserve-Bankster-Cartel NSA

started by Gary Edwards on 15 Jun 13 no follow-up yet
‹ Previous 21 - 40 of 109 Next › Last »
Showing 20 items per page