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Paul Merrell

Secret state: Trevor Paglen documents the hidden world of governmental surveillance, fr... - 0 views

  • Secret prisons, drone bases, surveillance stations, offices where extraordinary rendition is planned: Trevor Paglen takes pictures of the places that the American and British governments don’t want you to know even exist
Paul Merrell

U.S. captures Benghazi suspect in secret raid - The Washington Post - 0 views

  • U.S. Special Operations forces captured one of the suspected ringleaders of the terrorist attacks in Benghazi in a secret raid in Libya over the weekend, the first time one of the accused perpetrators of the 2012 assaults has been apprehended, according to U.S. officials. The officials said Ahmed Abu Khattala was captured Sunday near Benghazi by American troops, working alongside the FBI, following months of planning, and was now in U.S. custody “in a secure location outside Libya.” The officials said there were no casualties in the operation and that all U.S. personnel involved have safely left Libya. Abu Khattala’s apprehension is a major victory for the Obama administration, which has been criticized for having failed so far to bring those responsible for the Benghazi attacks to justice.
  • Speaking at TechShop in Pittsburgh, Pa., President Obama praised U.S. Special Operations forces for “showing incredible courage and precision” in capturing Abu Khattala, who Obama said “is alleged to have been one of the masterminds” of the Benghazi attacks.
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    Absolutely unlawful under international law. Unfortunately, the U.S. judicial system turns a blind eye to kidnapping of criminal suspects in foreign nations.
Paul Merrell

CIA Seeks More Time to Declassify Interrogation Documents - Secrecy News - 0 views

  • The Central Intelligence Agency today asked a court to allow more time to declassify its response to the Senate Select Committee on Intelligence report on CIA rendition, detention and interrogation (RDI) activities, which itself is undergoing a time-consuming declassification review. “This complex process requires the careful review of over 500 pages of highly classified material. In addition, sufficient time must be allowed not only for coordination with other agencies, but — after completion of declassification review — for implementation of security measures to ensure the safety of U.S. personnel and facilities overseas,” according to a May 15 motion filed by the government in a FOIA lawsuit brought by the ACLU. “Due to the fluid nature of this process, aspects of which are beyond the CIA’s control, the Agency does not yet have a firm date by which it can complete the processing of the CIA Response [to the SSCI report] and the so-called Panetta Report, although it hopes the declassification review and accompanying processing of those documents can be completed this summer.” The CIA therefore requested an extension of time to respond, to which the ACLU plaintiffs did not consent.
  • With respect to the Senate Intelligence Committee report itself, the government promised an “expeditious” declassification review of the executive summary, findings, and conclusions. “While all declassification decisions are guided by the need to protect national security interests, the President has expressed a clear intent to declassify as much of the executive summary, findings, and conclusions of the SSCI Report as possible, and intends the declassification process to be expeditious,” the government motion said. According to an April 18 letter from then-White House counsel Katherine Ruemmler, appended to the new motion, “The President supports making public the Committee’s important review of the historical RDI program, as he believes that public scrutiny and debate will help to inform the public understanding of the program and to ensure that such a program will not be contemplated by a future administration.
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    Horse puckey. The quoted article is misleading, attempting to conflate two distinct sets of documents that the Court ordered the CIA to disclose after removing all properly classified information. The duty to disclose segregable portions of  records that are not classified has been in place since the early 70s. It should have been done without a lawsuit having been filed and litigated. I.e.,it was a court order the CIA knew was coming since it first received the FOIA request from the ACLU. One set is the CIA response to the Senate Committee. The other set is the DoJ's Office of Legal Counsel memoranda on the legality of torture techniques. not documents documenting the torture itself and not the CIA response to the Senate Committee. Even if he CIA really needed more time for the documents in the Senate group, the legal memoranda could be shorn of classified information in a mater of hours, not days, weeks, or months.  It's the legal memoranda disclosure that CIA and DOJ are really trying to delay. At least two of them were written and/or signed by a former head of the DoJ Office of Legal Counsel whose nomination to the First Circuit Court of Appeals is now pending in Congress. And it's crystal clear that he signed memoranda arguing that torture was legal, which bears directly on his fitness to become a federal appellate judge. It takes a lawyer without ethics or morality to argue that torture is legal. It's not, under either U.S. law or the Geneva Conventions governing warfare. Neither  is grabbing people and turning them over to other governments for torture.  Those memoranda will establish that the nominee is a war criminal. We know this because we have already had a preview in the form of a white paper on the topic released by the White House last year that it's known the same nominee had worked on. And the legal arguments in that white paper are preposterous.   The delay attempt is transparently in aid of pushing that nomination through Congress before
Paul Merrell

David Davis' devastating attack on our loss of privacy | Mail Online - 0 views

  • The last time the main parties got together in a closed room, did a deal and told the country there was a need to act urgently, we were on the edge of abandoning 300 years of press freedom.This time our privacy is under threat. In the name of security, the Government is fast-tracking legislation through Parliament that will allow it to collect huge quantities of our personal data. We would do well to remember the advice of Ben Franklin: ‘Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.’
  • The Government has engineered a ‘theatrical emergency’ – in this case terrorism and hidden paedophile rings – to ram the Data Retention and Investigatory Powers Bill through Parliament without proper debate. It is an insult to the supremacy of Parliament, to democracy and to the trust of the public.It was April 8 when the European Court of Justice struck down the Data Retention Directive for being incompatible with human rights. The Home Office has had time to put an alternative in place, so the excuses for why the legislation is being  fast-tracked are laughable.
  • It is a sad state of affairs when European courts are a greater defender of our ancient rights than Parliament and Her Majesty’s Government. Even the German Supreme Court overturned its far less invasive data collection laws for violating the privacy rights of German citizens. How far we have slipped, this birthplace of democracy, that our own judicial safeguards stand by while our hard-fought rights are stripped from us by a Government that has lost its sense of proportion in its fear of making a mistake.
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  • Even the statistics already released are cause for concern.  The 2013 report of the Interception of Communications Commissioner revealed that 514,608 requests were made for data. By comparison, the most requests issued by the FBI in a year is 56,507. How can it be our intelligence agencies made nine times the number of requests for communications data than their US counterparts?
  • After the ‘dodgy dossier’ on weapons of mass destruction, the deceit on rendition and torture, and the debacle over the snooper’s charter, it is hard to be confident.Our Government has claimed that intercepted communications data was the critical evidence in 95 per cent of all serious crime cases. This would seem to go against the experience of the Metropolitan Police, which in evidence to a joint committee stated that ‘communications data is used sparingly, because it is costly and resource intensive, and because of the need to… consider the impact of collateral intrusion on innocent people’.
  • What this Government is chasing is not public security, it is protection from blame if anything goes wrong. Those are not the same thing.One person’s loss of freedom is everybody’s loss of freedom, one person’s loss of privacy is everybody’s loss of privacy. We must stand up for our rights and not succumb to the politics of fear. Otherwise we give those who hate our civilisation an easy victory, without a shot being fired.
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    A UK M.P. critiques the full court press in the House of Commons for new legislation attempting to work around the EU Court of Justice ruling on electronic communication data retention laws.  Very nice essay.
Paul Merrell

OPERATION CONDOR: National Security Archive Presents Trove of Declassified Documentatio... - 0 views

  • Argentine Newspaper, Pagina 12, Highlights Evidence Presented by Archive Southern Cone Project Director Carlos Osorio Documents given to Court Reveal Condor Precedents; Secret Summary of Inaugural Condor Meeting Introduced into Court for First Time National Security Archive Electronic Briefing Book No. 514
  • The National Security Archive today posted key documents on Operation Condor, presented by its Southern Cone analyst, Carlos Osorio, at a historic trial in Buenos Aires of former military officers. During 10 hours on the witness stand recently, Osorio introduced one hundred documents into evidence for the court proceedings. His testimony was profiled on May 3 in a major feature article published in the Buenos Aires daily, Pagina 12. Operation Condor was an infamous secret alliance between South American dictatorships in the mid and late 1970s - a Southern Cone rendition and repression program - formed to track down and eliminate enemies of their military regimes. The Condor trial charges 25 high-ranking officers, originally including former Argentine presidents Jorge Videla (deceased) and Reynaldo Bignone (aged 87), with conspiracy to "kidnap, disappear, torture and kill" 171 opponents of the regimes that dominated the Southern Cone in the 1970s and 1980s. Among the victims were approximately 80 Uruguayans, 50 Argentines, 20 Chileans and a dozen others from Paraguay, Bolivia, Peru and Ecuador who were targeted by Condor operatives.
  • The tribunal requested Osorio’s testimony, which took place over two days on March 6 and 7, 2015, and included presentation of an Excel data base of 900 documents drawn mostly from U.S. government sources and from the Archive of Terror in Paraguay. Of these, Osorio focused on 100 declassified records selected for the tribunal, which was presided over by Judge Oscar Amirante, president of Federal Tribunal N° 1. The National Security Archive obtained the U.S. documents through the Freedom of Information Act (FOIA), primarily from the Central Intelligence Agency, Defense Intelligence Agency and the State Department. Other notable records originated from the Chilean former secret police, DINA. "We have been working on Operation Condor for years," Osorio said, "sifting through archives in many continents and building a body of knowledge and a trove of documents." The Pagina 12 feature entitled "The Evolution of Condor," described Osorio’s presentation of "dozens" of documents to the tribunal, and the contribution the documents made in educating the judges on the genesis and evolution of coordinated repression in the Southern Cone. Osorio’s testimony covered a range of topics including the breadth of Condor operations, U.S. knowledge of those operations and the authenticity of the records being introduced into evidence.
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  • The article highlighted one document Osorio presented that revealed the bilateral precedent for what would become a multilateral system of regional repression: a secret accord between the Argentine and Paraguayan military intelligence services to "Collaborate in the struggle against subversion…" and the "… internment [of dissenters]…" " The agreement was dated September 12,1972, and signed by Paraguayan intelligence officer Col. Benito Guanes Serrano. Three years later, Guanes would also be one of the five original signatories of the secret Condor accords. Osorio discovered the document in the Archive of Terror in Paraguay. In September 1975, an assessment by a State Department intelligence analyst concluded that "The national security forces of the southern cone surpass the terrorists in cooperation at the international level…" Six weeks later, in Santiago, Chile, intelligence chiefs from Argentina, Bolivia, Chile, Paraguay and Uruguay signed an "Acta" officially establishing Operation Condor. Osorio introduced that pivotal document - provided to the Archive by a source in Chile - into evidence as well.
  • Two declassified U.S. documents presented to the tribunal underscored the contradictory response of high U.S. officials as they became aware of Condor operations in the summer of 1976. One well-known 13-page memorandum of conversation between Secretary of State Henry Kissinger and Argentine Foreign Minister Admiral Cesar Guzzetti dated June 10, 1976, revealed Kissinger’s endorsement of the regional collaboration to repress the left. After Guzzetti informed Kissinger that the Southern Cone regimes were engaged in "joint efforts" to fight "the terrorist problem," Kissinger essentially supported this approach: "If there are things that have to be done, you should do them quickly. But you should get back quickly to normal procedures," according to the declassified transcript Osorio provided to the court. "We want you to succeed. We do not want to harrass [sic] you," Kissinger concluded. "I will do what I can … "
  • After a CIA briefing to Kissinger’s top aides in late July 1976 on the Condor countries’ plans to send assassination teams around the world to eliminate opponents, the Secretary of State authorized a démarche to General Augusto Pinochet in Chile, General Jorge Videla in Argentina, and other military leaders in the region calling on them to cease and desist. "Government planned and directed assassinations within and outside the territory of Condor members has most serious implication which we must face squarely and rapidly," stated the secret August 13, 1976, cable to U.S. ambassadors in those nations. But the démarche was never delivered to any of the Condor regimes. After the U.S. ambassadors raised objections about presenting the démarche to the generals, on September 16, 1976, Kissinger rescinded it, and ordered "that no further action be taken on this matter." In addition to Osorio, the National Security Archive’s Chile Documentation Project director, Peter Kornbluh, testified in the Operation Condor trial for five hours in December 2014. Archive Advisory Board member, professor of journalism and author John Dinges presented evidence in April 2015. Read the Documents
Paul Merrell

Victims File Suit Against CIA Torture Architects for 'Systemic Brutality' | Global Rese... - 0 views

  • The two psychologists credited with creating the brutal, post-9/11 Central Intelligence Agency (CIA) torture regime are being sued by three victims of their program on charges that include “human experimentation” and “war crimes.” The American Civil Liberties Union (ACLU) on Tuesday filed the suit against CIA contractors James Mitchell and Bruce Jessen, on behalf of torture survivors Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, as well as the family of Gul Rahman, who died of hypothermia in his cell as result of the torture he endured. The suit, which is the first to rely on the findings of the Senate Intelligence Committee report on CIA torture, charges Mitchell and Jessen under the Alien Tort Statute for “their commission of torture, cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes,” all of which violate international law. The pair, both former U.S. military psychologists, earned more than $80 million for “designing, implementing, and personally administering” the program, which employed “a pseudo-scientific theory of countering resistance that justified the use of torture,” that was based on studies in which researchers “taught dogs ‘helplessness’ by subjecting them to uncontrollable pain,” according to the suit.
  • “These psychologists devised and supervised an experiment to degrade human beings and break their bodies and minds,” said Dror Ladin, a staff attorney with the ACLU National Security Project. “It was cruel and unethical, and it violated a prohibition against human experimentation that has been in place since World War II.” In a lengthy report, the ACLU describes each plaintiff’s journey.
  • According to the report, the torture regime designed and implemented by Mitchell and Jessen “ensnared at least 119 men, and killed at least one—a man named Gul Rahman who died in November 2002 of hypothermia after being tortured and left half naked, chained to the wall of a freezing-cold cell.” Gul’s family has never been formally notified of his death, nor has his body been returned to them for a dignified burial, the ACLU states. Further, no one has been held accountable for his murder. But the report notes, “An unnamed CIA officer who was trained by Jessen and who tortured Rahman up until the day before he was found dead, however, later received a $2,500 bonus for ‘consistently superior work.’” The ACLU charges that the theories devised by Mitchell and Jessen and employed by the CIA, “had never been scientifically tested because such trials would violate human experimentation bans established after Nazi experiments and atrocities during World War II.” Yet, they were the basis of “some of the worst systematic brutality ever inflicted on detainees in modern American history.” Despite last year’s release of the Senate Torture Report, the government has prosecuted only a handful of low-level soldiers and one CIA contractor for prisoner abuse. Meanwhile, the architects of the CIA’s torture program, which include Mitchell and Jessen, have escaped any form of accountability.
Paul Merrell

Details of Illegal Torture That the CIA Doesn't Want You to Know About - Atlantic Mobile - 0 views

  • The Senate report on CIA torture is still being suppressed. But details are leaking out, according to a report by Jason Leopold. Citing Intelligence Committee staffers, he writes that "at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department." In addition, "harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received."  The notion that Bush-era interrogations were lawful has always been highly dubious. This latest news plucks away even the fig leaf afforded by Bush Administration attorneys. Some say it would be unfair to prosecute anyone told that a tactic was permitted.  Will they call for a criminal investigation of these incidents? The CIA seems to agree that these details are important. It is seeking new assurances that the report won't lead to criminal investigations, according to Leopold's sources:
  • When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.” But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation. Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation. Any agreement to refrain from investigating torture as a criminal offense would itself violate the law. The UN Convention Against Torture, signed by Ronald Reagan and later ratified by the U.S. Senate, compels signatories to investigate torture and "submit the case to its competent authorities for the purpose of prosecution." Perhaps the U.S. will one day adhere to the law.
Paul Merrell

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

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

The Woman at the Center of the C.I.A.'s Torture Report - 0 views

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

As Yemen Crumbled, a Disappeared US Detainee Called Home in Fear for His Life | VICE News - 0 views

  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
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  • Mobley was shot in the leg during his abduction, and interrogated by FBI agents and representatives of the US Department of Defense while in hospital on January 30, 2010 — but never charged with terrorism. Instead, Yemeni authorities later charged him with the murder of a guard during a failed escape attempt, for which he now faces the death penalty. His lawyer was never formally notified of the charges against him.While his trial is ongoing, Mobley hasn't been seen in court since February 2014. In sporadic, frantic calls made from the cell phone of the occasional sympathetic guard, he has reportedly told his wife that he is being tortured and threatened. On his last call, two days before Yemen's president resigned, plunging the country into political chaos, Mobley once again told his wife that he fears for his life.
  • Mobley's lawyer, Cori Crider — the legal director of Reprieve, a UK-based legal aid group — told us that Islam is "really, really scared right now." "There is no trial process anymore, it hasn't happened for ages," said Crider, who hasn't been told where her client is and hasn't been able to speak with him in nearly a year. "[The US] really needs to renegotiate with what remains of the Yemeni state to get this guy deported and back to where he's gonna be safe, because he's really at risk right now."Crider and Islam said that US officials know where Mobley is — but that they won't tell them.
  • Mobley's whereabouts over the last year have not been confirmed — including by US officials who claimed to have visited him and found him "in good health and with  no major complaints," as reported by the Guardian. Mobley was believed to be in the hands of Yemen's Specialized Criminal Court — a secretive national security court known for its record of human rights abuse and targeting of political opponents and journalists.At some point last year, Mobley was believed to be detained at a Sana'a military base. A number of Sana'a's official facilities have recently passed under the control of Houthi rebels — including one seized Thursday, where US officials had previously trained Yemeni security forces on counter-terrorism tactics.
  • "They won't tell me and they won't tell his family," she added. "Even though they know, they refuse to tell us where their citizen is held at a time when the country is going into total chaos."Under America's Privacy Act, the state department cannot reveal any information related to a US citizen's "location, welfare, intentions, or problems" to anyone without that person's permission — this includes relatives and members of Congress.But Crider believes the US government may not only know where Sharif is, but she says they may also have had something to do with his disappearance.
  • US agents backed Mobley's initial arrest, Crider said, but they may have also been behind his subsequent disappearance. An unnamed Yemeni security source told NBC News that Mobley had been transferred in coordination with the US and that American officials have participated in his interrogation."We are very disturbed by recent reports that suggest that they are in some way implicated in the second disappearance," Crider said, adding that she has been fighting the government to disclose more information, including through government records requests. "If that's right, that's a problem of a totally different magnitude."
  • A State Department official told VICE News that there are no current plans for the US to directly evacuate Americans and that the US does not evacuate prisoners in a crisis situation, but declined to discuss Mobley's case, citing privacy laws. That's the same reasoning US officials have given to Crider — who has been fighting for months to find her client."I was like, guys, I'm this person's attorney," she said. "He has a right to see his legal representative — that is basic under Yemeni law just like it would be under US law. So you know where he is, you know he has a right to an attorney, what are you doing? Where is he?"
  • In previous calls to his wife, Mobley said that his captors had forced him to drink from bottles that had previously contained urine, and sprayed him with mace when he asked to speak with embassy officials. Lawyers with Reprieve said that during his detention he was beaten, chained to a bed, and dragged down the stairs.
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    The State Department's Privacy Act excuse for withholding the location of Sharif Mobley is a load of bull puckey intended for media consumption, not as a serious legal argument. The Privacy Act has an exception for just such situations: "(b) Conditions of Disclosure.- No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, *unless disclosure of the record would be-* ... (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;" 5 U.S.C. 552a(b), http://www.law.cornell.edu/uscode/text/5/552a. This is an outrageous cover-up!
Paul Merrell

After Brit spies 'snoop' on families' lawyers, UK govt admits: We flouted human rights ... - 0 views

  • The British government has admitted that its practice of spying on confidential communications between lawyers and their clients was a breach of the European Convention on Human Rights (ECHR). Details of the controversial snooping emerged in November: lawyers suing Blighty over its rendition of two Libyan families to be tortured by the late and unlamented Gaddafi regime claimed Her Majesty's own lawyers seemed to have access to the defense team's emails. The families' briefs asked for a probe by the secretive Investigatory Powers Tribunal (IPT), a move that led to Wednesday's admission. "The concession the government has made today relates to the agencies' policies and procedures governing the handling of legally privileged communications and whether they are compatible with the ECHR," a government spokesman said in a statement to the media, via the Press Association. "In view of recent IPT judgments, we acknowledge that the policies applied since 2010 have not fully met the requirements of the ECHR, specifically Article 8. This includes a requirement that safeguards are made sufficiently public."
  • The guidelines revealed by the investigation showed that MI5 – which handles the UK's domestic security – had free reign to spy on highly private and sensitive lawyer-client conversations between April 2011 and January 2014. MI6, which handles foreign intelligence, had no rules on the matter either until 2011, and even those were considered void if "extremists" were involved. Britain's answer to the NSA, GCHQ, had rules against such spying, but they too were relaxed in 2011. "By allowing the intelligence agencies free rein to spy on communications between lawyers and their clients, the Government has endangered the fundamental British right to a fair trial," said Cori Crider, a director at the non-profit Reprieve and one of the lawyers for the Libyan families. "For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years."
  • Crider said it now seemed probable that UK snoopers had been listening in on the communications over the Libyan case. The British government hasn't admitted guilt, but it has at least acknowledged that it was doing something wrong – sort of. "It does not mean that there was any deliberate wrongdoing on the part of the security and intelligence agencies, which have always taken their obligation to protect legally privileged material extremely seriously," the government spokesman said. "Nor does it mean that any of the agencies' activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings. The agencies will now work with the independent Interception of Communications Commissioner to ensure their policies satisfy all of the UK's human rights obligations." So that's all right, then.
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    If you follow the "November" link you'[l learn that yes, indeed, the UK government lawyers were happily getting the content of their adversaries privileged attorney-client communications. Conspicuously, the promises of reform make no mention of what is surely a disbarment offense in the U.S. I doubt that it's different in the UK. Discovery rules of procedure strictly limit how parties may obtain information from the other side. Wiretapping the other side's lawyers is not a permitted from of discovery. Hopefully, at least the government lawyers in the case in which the misbehavior was discovered have been referred for disciplinary action.  
Paul Merrell

ITAR-TASS: World - Foreign Ministry outraged by Russian citizen's detention by US secre... - 0 views

  • Russia considers the detention of the Russian citizen Roman Seleznyov by US secret services as Washington's unfriendly step, the Russian Foreign Ministry said on Tuesday. “As it became known, July 5, Russian citizen Roman Seleznyov was detained in the international airport of the city of Male, the capital of Maldives,” the ministry recalled. “On the same day, he was forced by agents of American secret service into a private jet and delivered to Guam Island. This fact has been already confirmed by the US Department of Homeland Security.” “We consider the incident as another Washington’s unfriendly step,” the Russian Ministry of Foreign Affairs stressed.
  • “It is not the first time that the US kidnaps a Russian citizen ignoring the 1999 mutual legal assistance agreement,” the ministry said. “In particular, the same occurred with Viktor Bout and Konstantin Yaroshenko, who were brought by force in the USA from third countries and convicted on questionable charges.” “Noteworthy that we are not informed about the claims lodged against our compatriots, furthermore, as in Seleznyov’s case, they don’t even inform Russia’s diplomatic agencies about their detention,” the ministry emphasized.
  • State Duma member representing the Liberal Democratic Party (LDPR)  Valery Seleznyov has confirmed his son Roman had been detained by US secret service in the Maldives. “I am now in negotiations with the Russian Foreign Ministry. Kidnapping is a crime,” he told ITAR-TASS on Tuesday. “The country must protect its citizens, and Roman should go back to Russia.” Earlier on Tuesday, Valery Seleznyov dubbed a provocation media reports saying that his son Roman was allegedly arrested in the USA on suspicion of a cyber attack, data theft and computer-related fraud.
Paul Merrell

Maldives denies US kidnapped Russian credit card fraudster - The Rakyat Post - The Raky... - 0 views

  • The Maldives has said it acted alone to expel a Russian national suspected by the US of being one of the world’s most prolific traffickers of stolen credit cards. President Abdulla Yameen denied a claim by Moscow that the United States had abducted Roman Seleznev from the Maldives and taken him to the American territory of Guam. Yameen told reporters that Maldives police, acting on an Interpol arrest warrant, had moved against 30-year-old Seleznev during the weekend.
  • he US Justice Department said on Monday that Seleznev was arrested and taken to Guam, although the details of his seizure were not known. He is charged with hacking into retail computer systems and installing malicious software to steal credit card numbers in a scheme that operated between October 2009 and February 2011. Seleznev and his partners stole over 200,000 credit card numbers, with bank losses from the scheme estimated at over US$1.1 million, according to a 2011 indictment.
  • The Russian foreign ministry said Seleznev’s detention was a “hostile step”, adding that Russian diplomatic missions had not been notified of his arrest.
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  • The Maldivian Home Ministry, in a brief statement, said the suspect was “sent from the Maldives” in response to an Interpol red notice for his arrest. “Since the Maldives is a member state of Interpol… the Maldives attaches the utmost importance to the ‘red notices’ issued by the organisation,” it said.
Paul Merrell

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

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

Who owns space? US asteroid-mining act is dangerous and potentially illegal - 0 views

  • Nope, a flag is not enough to make the moon a colony.
  • An event of cosmic proportions occurred on November 18 when the US congress passed the Space Act of 2015 into law. The legislation will give US space firms the rights to own and sell natural resources they mine from bodies in space, including asteroids. Although the act, passed with bipartisan support, still requires President Obama’s signature, it is already the most significant salvo that has been fired in the ideological battle over ownership of the cosmos. It goes against a number of treaties and international customary law which already apply to the entire universe. The new law is nothing but a classic rendition of the “he who dares wins” philosophy of the Wild West. The act will also allow the private sector to make space innovations without regulatory oversight during an eight-year period and protect spaceflight participants from financial ruin. Surely, this will see private firms begin to incorporate the mining of asteroids into their investment plans.
  • Supporters argue that the US Space Act is a bold statement that finally sets private spaceflight free from the heavy regulation of the US government. The misdiagnosis begins here. Space exploration is a universal activity and therefore requires international regulation. The act represents a full-frontal attack on settled principles of space law which are based on two basic principles: the right of states to scientific exploration of outer space and its celestial bodies and the prevention of unilateral and unbriddled commercial exploitation of outer-space resources. These principles are found in agreements including the Outer Space Treaty of 1967 and the Moon Agreement of 1979. The US House Committee on Science, Space and Technology denies there is anything in the act which violates the US’s international obligations. According to this body, the right to extract and use resources from celestial bodies “is affirmed by State practice and by the US State Department in Congressional testimony and written correspondence”. Crucially, there is no specific reference to international law in this statement. Simply relying on US legislation and policy statements to justify the plans is obviously insufficient.
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  • Gbenga Oduntan is the author of Sovereignty and Jurisdiction in Airspace and Outer Space: Legal Criteria for Spatial Delimitation. London: Routledge-Cavendish 2012. https://www.routledge.com/products/9780415562126
  • Ever since NASA discovered signs of liquid water on Mars, concerns have been raised about the risk of contaminating the red planet.
  • So what’s at stake? We can assume that the list of states that have access to outer space – currently a dozen or so – will grow. These states may also shortly respond with mining programmes of their own. That means that the pristine conditions of the cradle of nature from which our own Earth was born may become irrevocably altered forever – making it harder to trace how we came into being. Similarly, if we started contaminating celestial bodies with microbes from Earth, it could ruin our chances of ever finding alien life there. Mining minerals in space could also damage the environment around the Earth and eventually lead to conflict over resources. Indeed what right has the second highest polluter of the Earth’s environment got to proceed with some of the same corporations in a bid to plunder outer space? While we’re not there yet, developments towards actual space mining may begin to occur within a decade.
  • Ultimately, the US plans must be understood in the light of existing rules of space law. Money is not a dirty word in space – the total value of the satellite telecommunications industry in 2013 was more than $195bn. Free market principles also apply to the operations of the International Space Station. So, let’s get down to the nitty-gritty.
  • Currently corporations can exploit outer space in a number of ways, including for space tourism and scientific training. Companies may also be allowed to extract certain resources, but the very first provision of the Outer Space Treaty (1967), to which the US is a signatory, is that such exploration and use shall be carried out for the benefit and in the interests of all countries. This therefore prevents the sale of space-based minerals for profit. The treaty also states that outer space shall be the “province of all mankind … and that states shall avoid harmful contamination of space". Meanwhile, the Moon Agreement (1979) has in effect forbidden states to conduct commercial mining on planets and asteroids until there is an international regime for such exploitation. While the US has refused to sign up to this, it is binding as customary international law. The idea that American companies can on the basis of domestic laws alone systematically exploit mineral resources in space, despite huge environmental risks, really amounts to the audacity of greed. The Romans had this all correctly figured out in their legal maxim: “What concerns all must be decided upon by all.”
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