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Paul Merrell

Watchdog: OPM ignored warnings about online background check system | TheHill - 0 views

  • The Office of Personnel Management (OPM) had known since 2012 about security flaws in its online submission system, roughly three years before the agency finally shut down the system to repair it.“OPM has known about vulnerabilities in the system for years, but has not corrected them,” Michael Esser, the assistant inspector general for audits at the OPM, told a House subcommittee on Wednesday.ADVERTISEMENTIn late June, the OPM said it was suspending the Web-based platform, known as e-QIP, after a security review conducted in the wake of massive hacks at the agency uncovered significant defects.The OPM data breach has likely exposed upwards of 18 million people’s sensitive information and is raising pointed questions about why the agency hasn't moved more expediently over the years to correct glaring problems with its networks.The agency’s inspector general has said OPM officials repeatedly failed to heed its warnings, even refusing to shut down several of its weakest computer systems as recommended.
  • On Wednesday, Esser accused the agency of also not responding to alerts about the e-QIP system, which is used to file the background checks for security clearances.  The agency’s oversight arm detailed 18 security vulnerabilities starting in 2012, he said.“I do not know if those vulnerabilities were related to the reason the system was shut down last week,” Esser added.OPM Director Katherine Archuleta has maintained she always takes into account the watchdog’s recommendations. The agency kept the deficient computer systems running, she said, in order to avoid gaps in delivering employee's paychecks and benefits.
Paul Merrell

Is there a second NSA leaker after Snowden? | TheHill - 0 views

  • Top experts say there could be a new person leaking details about the National Security Agency, in addition to former contractor Edward Snowden.Glenn Greenwald, the journalist most closely associated to Snowden, said he suspects someone else has been involved in leaking out new documents, and other experts have backed up the claim.ADVERTISEMENTThe existence of a second leaker “seems clear at this point,” Greenwald wrote on Twitter over the weekend. “The lack of sourcing to Snowden on this & that last [Der Spiegel] article seems petty telling,” he added, after German broadcasters reported that the NSA was tracking people searching for details about privacy software. 
  • Neither the Der Spiegel article from December nor last week’s story, both of which were partly written by privacy advocate and security researcher Jacob Appelbaum, specifically mentioned that the information emanated from leaks by Snowden.“That's particularly notable given that virtually every other article using Snowden documents - including der Spiegel - specifically identified him as the source,” Greenwald said in an email to The Hill on Monday.Other people who have seen Snowden’s trove of documents have agreed that the documents revealed by German outlets seem to indicate a second source.
  • Bruce Schneier, a cryptologist and cybersecurity expert who has helped the Guardian review Snowden’s disclosures, said he did “not believe that this came from the Snowden documents.”“I think there’s a second leaker out there,” he wrote in a blog post last week. If true, it could add another headache for the NSA, which has struggled for more than a year to contain the fallout from Snowden’s revelations. Defenders of the NSA say that the disclosures have hurt U.S. security and empowered terrorists and other enemies abroad.Among other internal reforms, the spy agency has beefed up its clearance procedures to prevent another employee from passing along secret documents to journalists or governments in Beijing and Moscow.
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  • “If in fact this is a post-Snowden NSA leak, then it’s probably just proof that you can always build a bigger mousetrap; that doesn’t mean you’re going to catch the mice,” said Stephen Vladeck, a law professor at American University who specializes in national security issues.Vladeck added that leaks about controversial national security programs are in many ways inevitable, and may not be tied to Snowden’s leaks in any way.For Greenwald, however, a second leaker would be affirmation of Snowden’s actions.“I've long thought one of the most significant and enduring consequences of Snowden's successful whistleblowing will be that he will inspire other leakers to come forward,” he told The Hill. 
Paul Merrell

Hacker claims to have breached CIA director's personal email - 0 views

  • An anonymous hacker claims to have breached CIA Director John Brennan's personal email account and has posted documents online, including a list of email addresses purportedly from Brennan's contact file. The CIA said it referred the matter to the proper authorities, but would not comment further. The hacker spoke to the New York Post, which described him in an article published Sunday as "a stoner high school student," motivated by his opposition to U.S. foreign policy and support for Palestinians. His Twitter account, @phphax, includes links to files that he says are Brennan's contact list, a log of phone calls by then-CIA deputy director Avril Haines, and other documents.
  • The hacker also claimed to have breached a Comcast account belonging to Homeland Security Secretary Jeh Johnson, and released what appeared to be personal information. One document purporting to come from Brennan's AOL email account contains a spreadsheet of people, including senior intelligence officials, along with their Social Security numbers, although the hacker redacted the numbers in the version he posted on Twitter. It's unclear why Brennan would have stored such a document in his private email account. Based on the titles, the document appears to date from 2009 or before. When people visit the White House and other secure facilities, they are required to supply their Social Security numbers. Brennan could have been forwarding a list of invitees to the White House when he was President Barack Obama's counter terrorism adviser, the job he held before he became CIA director in 2013.
  • The hacker told the Post he had obtained a 47-page version of Brennan's application for a security clearance, known as an SF86. That document — millions of which were stolen from the federal personnel office last year by hackers linked to China — contains detailed information about past jobs, foreign contacts, finances and other sensitive personal details. No such document appears to be posted on the hacker's Twitter account, but it's not clear whether the hacker posted it elsewhere.
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    Got to love it. I can think of few people more deserving of getting their email accounts cracked.
Paul Merrell

How the David Petraeus Prosecution Backfired - The Daily Beast - 0 views

  • The sordid tale of marital infidelity, cyber-stalking, and spilled secrets surrounding former CIA director David Petraeus is scheduled to come to a close Thursday, when the former four-star general is sentenced for his crimes. But Petraeus’s punishment will likely have lasting ramifications on future leak cases, national security lawyers said. They argue the government is cutting its own throat by offering him a more lenient sentence in the wake of harsher penalties to other leakers and creating a double standard that can be exploited by defense attorneys in future cases.“This is a horrible choice by the government,” said Mark Zaid, a national security lawyer for more than two decades. “I think it is going to have a negative impact. The judges who are going to be truly objective are going to look at the Petraeus case. Going forward, it is going to hurt the government’s cases.”
  • The hearing Thursday to sentence Petraeus for giving his former girlfriend and biographer highly classified information will happen only a few miles from her home in North Carolina. Petraeus will enter his plea on one misdemeanor count of unauthorized removal and retention of classified material before U.S. Magistrate Judge David Keesler in Charlotte. Petraeus is the second director of the CIA to be convicted for actions while leading the agency. President Nixon’s director, Richard Helms, was convicted in 1978 of lying to Congress about the CIA’s role in overthrowing President Salvador Allende of Chile. He received a two-year suspended sentence and a $2,000 fine.
  • And after John M. Deutsch, who served under President Clinton, left office, he was accused of mishandling classified information on his laptop. He lost his security clearance, but he was never prosecuted. Clinton pardoned him on his last day as president. Petraeus has the distinction, however, of being the only director forced to resign because of misdeeds while serving,
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  • In October 2012, Petraeus, then director of the CIA, praised the Kiriakou conviction.“Oaths do matter, and there are indeed consequences for those who believe they are above the laws that protect our fellow officers and enable American intelligence agencies to operate with the requisite degree of secrecy,” he said in a statement.Petraeus isn’t facing any jail time, however. His misdemeanor charge carries with it a one-year prison sentence, but prosecutors have suggested a sentence of two years’ probation and a $40,000 fine in return for a guilty plea. Judge Keesler is free to reject the prosecutors’ recommendation, but it rarely happens.
  • Petraeus can easily make $40,000 in one speaking engagement and likely makes seven figures as a partner at KKR, an equity firm, Zaid said. Indeed, Petraeus’s star hasn’t fallen far despite the charges, a very public affair, and his resignation from the CIA. He is advising the National Security Council on the self-proclaimed Islamic State, according to the White House. He is also a visiting professor at two universities.
Paul Merrell

Obama's pledge of US troops to Sinai next week won Israel's nod for ceasefire - 0 views

  • sraeli Prime Minister Binyamin Netanyahu agreed to a ceasefire for halting the eight-day Israeli Gaza operation Wednesday night, Nov. 21, after President Barack Obama personally pledged to start deploying US troops in Egyptian Sinai next week, debkafile reports. The conversation, which finally tipped the scales for a ceasefire, took place on a secure line Wednesday morning, just hours before it was announced in Cairo.
  • When Secretary of State Hillary Clinton arrived in Jerusalem from Bangkok Tuesday, she tried assuring Netanyahu that President Obama had decided to accelerate the construction of an elaborate US system of electronic security fences along the Suez Canal and northern Sinai. It would also cork up the Philadelphi route through which arms are smuggled into the Gaza Strip.
  • US security and civilian units will need to be deployed in Egyptian Sinai to man the fence system and operate it as an active counter-measure for obstructing the smuggling of Iranian weapons supplies. The prime minister said he welcomed the president’s proposal to expedite the fence project, but it would take months to obtain Egyptian clearance. Meanwhile, the Palestinians would have plenty of time to replenish their weapons stocks after Israel’s Gaza campaign. It was therefore too soon to stop the campaign at this point or hold back a ground incursion. Clinton was sympathetic to this argument. Soon after, President Obama was on the phone to Netanyahu with an assurance that US troops would be in place in Sinai next week, after he had obtained President Morsi’s consent for them to go into immediate action against Iranian smuggling networks. Netanyahu responded by agreeing to a ceasefire being announced in Cairo that night by Clinton and the Egyptian foreign minister, and to holding back the thousands of Israeli reservists on standby on the Gaza border. debkafile’s military sources report that the first air transports carrying US special forces are due to land at Sharm el Sheikh military airfield in southern Sinai in the next 48 hours and go into action against the arms smugglers without delay.
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  • Indeed, Gaza’s Hamas rulers will be forced to watch as US troops in Sinai, just across its border, break up the smuggling rings filling their arsenals and most likely laying hands on the reserve stocks they maintain under the smugglers’ guard in northern Sinai, out of reach of the Israel army. This means that the blockade on Gaza has been extended and the focus of combat has switched from Gaza to the Sinai Peninsula.
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    So according to this article, the U.S. will be conducting  combat operations in the Sinai Peninsula sometime this weekend. 
Paul Merrell

Edward Snowden comes forward as source of NSA leaks - The Washington Post - 0 views

  • A 29-year-old man who says he is a former undercover CIA employee said Sunday that he was the principal source of recent disclosures about ­top-secret National Security Agency programs, exposing himself to possible prosecution in an acknowledgment that had little if any precedent in the long history of U.S. intelligence leaks. Edward Snowden, a tech specialist who has contracted for the NSA and works for the consulting firm Booz Allen Hamilton, unmasked himself as a source after a string of stories in The Washington Post and the Guardian that detailed previously unknown U.S. surveillance programs. He said he disclosed secret documents in response to what he described as the systematic surveillance of innocent citizens.In an interview Sunday, Snowden said he is willing to face the consequences of exposure.“I’m not going to hide,” Snowden told The Post from Hong Kong, where he has been staying. “Allowing the U.S. government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest.”
  • Asked whether he believes that his disclosures will change anything, he said: “I think they already have. Everyone everywhere now understands how bad things have gotten — and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.”Snowden said nobody had been aware of his actions, including those closest to him. He said there was no single event that spurred his decision to leak the information, but he said President Obama has failed to live up to his pledges of transparency.“My sole motive is to inform the public as to that which is done in their name and that which is done against them,” he said in a note that accompanied the first document he leaked to The Post.The Guardian was the first to publicly identify Snowden, at his request.The White House said late Sunday that it would not have any comment on the matter.
  • In a brief statement, a spokesman for the Office of the Director of National Intelligence said the intelligence community is “reviewing the damage” the leaks have done. “Any person who has a security clearance knows that he or she has an obligation to protect classified information and abide by the law,” said the spokesman, Shawn Turner.Snowden said he is seeking “asylum from any countries that believe in free speech and oppose the victimization of global privacy,” but the law appears to provide for his extradition from Hong Kong, a semiautonomous territory of China, to the United States.
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  • Snowden’s name surfaced as top intelligence officials in the Obama administration and Congress pushed back against the journalists responsible for revealing the existence of sensitive surveillance programs and called for an investigation into the leaks.Clapper, in an interview with NBC that aired Saturday night, condemned the leaker’s actions but also sought to spotlight the journalists who first reported the programs, calling their disclosures irresponsible and full of “hyperbole.” Earlier Saturday, he issued a statement accusing the media of a “rush to publish.”“For me, it is literally — not figuratively — literally gut-wrenching to see this happen because of the huge, grave damage it does to our intelligence capabilities,” Clapper said.
  • A chief critic of the efforts, Sen. Rand Paul (R-Ky.), said he is considering filing a lawsuit against the government and called on 10 million Americans to join in.“I’m going to be asking all the Internet providers and all of the phone companies, ask your customers to join me in a class-action lawsuit,” Paul said on “Fox News Sunday.”
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    A new national hero springs forth, Edward Snowden. In related news, those who conduct surveillance for the government seem to object for some reason to being surveilled themselves. 
Paul Merrell

GCHQ taps fibre-optic cables for secret access to world's communications | UK news | gu... - 0 views

  • Britain's spy agency GCHQ has secretly gained access to the network of cables which carry the world's phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).The sheer scale of the agency's ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.One key innovation has been GCHQ's ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.
  • GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user's access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.The existence of the programme has been disclosed in documents shown to the Guardian by the NSA whistleblower Edward Snowden as part of his attempt to expose what he has called "the largest programme of suspicionless surveillance in human history"."It's not just a US problem. The UK has a huge dog in this fight," Snowden told the Guardian. "They [GCHQ] are worse than the US."
  • However, on Friday a source with knowledge of intelligence argued that the data was collected legally under a system of safeguards, and had provided material that had led to significant breakthroughs in detecting and preventing serious crime.Britain's technical capacity to tap into the cables that carry the world's communications – referred to in the documents as special source exploitation – has made GCHQ an intelligence superpower.By 2010, two years after the project was first trialled, it was able to boast it had the "biggest internet access" of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand.UK officials could also claim GCHQ "produces larger amounts of metadata than NSA". (Metadata describes basic information on who has been contacting whom, without detailing the content.)By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: "We have a light oversight regime compared with the US".
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  • When it came to judging the necessity and proportionality of what they were allowed to look for, would-be American users were told it was "your call".The Guardian understands that a total of 850,000 NSA employees and US private contractors with top secret clearance had access to GCHQ databases.
  • For the 2 billion users of the world wide web, Tempora represents a window on to their everyday lives, sucking up every form of communication from the fibre-optic cables that ring the world.The NSA has meanwhile opened a second window, in the form of the Prism operation, revealed earlier this month by the Guardian, from which it secured access to the internal systems of global companies that service the internet.The GCHQ mass tapping operation has been built up over five years by attaching intercept probes to transatlantic fibre-optic cables where they land on British shores carrying data to western Europe from telephone exchanges and internet servers in north America.This was done under secret agreements with commercial companies, described in one document as "intercept partners".The papers seen by the Guardian suggest some companies have been paid for the cost of their co-operation and GCHQ went to great lengths to keep their names secret. They were assigned "sensitive relationship teams" and staff were urged in one internal guidance paper to disguise the origin of "special source" material in their reports for fear that the role of the companies as intercept partners would cause "high-level political fallout".
  • "The criteria are security, terror, organised crime. And economic well-being. There's an auditing process to go back through the logs and see if it was justified or not. The vast majority of the data is discarded without being looked at … we simply don't have the resources."However, the legitimacy of the operation is in doubt. According to GCHQ's legal advice, it was given the go-ahead by applying old law to new technology. The 2000 Regulation of Investigatory Powers Act (Ripa) requires the tapping of defined targets to be authorised by a warrant signed by the home secretary or foreign secretary.However, an obscure clause allows the foreign secretary to sign a certificate for the interception of broad categories of material, as long as one end of the monitored communications is abroad. But the nature of modern fibre-optic communications means that a proportion of internal UK traffic is relayed abroad and then returns through the cables.
  • The categories of material have included fraud, drug trafficking and terrorism, but the criteria at any one time are secret and are not subject to any public debate. GCHQ's compliance with the certificates is audited by the agency itself, but the results of those audits are also secret.An indication of how broad the dragnet can be was laid bare in advice from GCHQ's lawyers, who said it would be impossible to list the total number of people targeted because "this would be an infinite list which we couldn't manage".There is an investigatory powers tribunal to look into complaints that the data gathered by GCHQ has been improperly used, but the agency reassured NSA analysts in the early days of the programme, in 2009: "So far they have always found in our favour".
  • Historically, the spy agencies have intercepted international communications by focusing on microwave towers and satellites. The NSA's intercept station at Menwith Hill in North Yorkshire played a leading role in this. One internal document quotes the head of the NSA, Lieutenant General Keith Alexander, on a visit to Menwith Hill in June 2008, asking: "Why can't we collect all the signals all the time? Sounds like a good summer project for Menwith."By then, however, satellite interception accounted for only a small part of the network traffic. Most of it now travels on fibre-optic cables, and the UK's position on the western edge of Europe gave it natural access to cables emerging from the Atlantic.
  • The processing centres apply a series of sophisticated computer programmes in order to filter the material through what is known as MVR – massive volume reduction. The first filter immediately rejects high-volume, low-value traffic, such as peer-to-peer downloads, which reduces the volume by about 30%. Others pull out packets of information relating to "selectors" – search terms including subjects, phone numbers and email addresses of interest. Some 40,000 of these were chosen by GCHQ and 31,000 by the NSA. Most of the information extracted is "content", such as recordings of phone calls or the substance of email messages. The rest is metadata.
  • The GCHQ documents that the Guardian has seen illustrate a constant effort to build up storage capacity at the stations at Cheltenham, Bude and at one overseas location, as well a search for ways to maintain the agency's comparative advantage as the world's leading communications companies increasingly route their cables through Asia to cut costs. Meanwhile, technical work is ongoing to expand GCHQ's capacity to ingest data from new super cables carrying data at 100 gigabits a second. As one training slide told new users: "You are in an enviable position – have fun and make the most of it."
  • British spy agency collects and stores vast quantities of global email messages, Facebook posts, internet histories and calls, and shares them with NSA, latest documents from Edward Snowden reveal
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    Note particularly that the Brit criteria adds economic data to the list of categories categories the NSA trawls for and shares its data with the U.S. NSA. Both agencies claim to be targeting foreigners, so now we're into the "we surveil your citizens; you surveil our citizens, then we'll share the results" scenario that leaves both sides of the pond with a superficial excuse to say "we don't surveil our own citizens, just foreigners." But it's just ring-around-the-rosy. 850,000 NSA employees and U.S. private contractors with access to GCHQ surveillance databases.  Lots more in the article that I didn't highlight.
Paul Merrell

NYPD Blows Whistle on New Hillary Emails: Money Laundering, Sex Crimes with Children, C... - 1 views

  • New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence “to put Hillary (Clinton) and her crew away for life,” NYPD sources told True Pundit. NYPD sources said Clinton’s “crew” also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday.
  • But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department’s highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. “What’s in the emails is staggering and as a father, it turned my stomach,” the NYPD Chief said. “There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that.”
  • The NYPD Chief said once Comey saw the alarming contents of the emails he was forced to reopen a criminal probe against Clinton. “People are going to prison,” he said. Meanwhile, FBI sources said Abedin and Weiner were cooperating with federal agents, who have taken over the non-sexting portions the case from NYPD. The husband-and-wife Clinton insiders  are both shopping for separate immunity deals, sources said. “If they don’t cooperate they are going to see long sentences,” a federal law enforcement source said. NYPD sources said Weiner or Abedin stored all the emails in a massive Microsoft Outlook program on the laptop. The emails implicate other current and former members of Congress and one high-ranking Democratic Senator as having possibly engaged in criminal activity too, sources said. Prosecutors in the office of US Attorney Preet Bharara have issued a subpoena for Weiner’s cell phones and travel records, law enforcement sources confirmed. NYPD said it planned to order the same phone and travel records on Clinton and Abedin, however, the FBI said it was in the process of requesting the identical records. Law enforcement sources are particularly interested in cell phone activity and travel to the Bahamas, U.S. Virgin Islands and other locations that sources would not divulge.
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  • The new emails contain travel documents and itineraries indicating Hillary Clinton, President Bill Clinton, Weiner and multiple members of Congress and other government officials accompanied convicted pedophile billionaire Jeffrey Epstein on his Boeing 727 on multiple occasions to his private island in the U.S Virgin Islands, sources said. Epstein’s island has also been dubbed Orgy Island or Sex Slave Island where Epstein allegedly pimps out underage girls and boys to international dignitaries. Both NYPD and FBI sources confirm based on the new emails they now believe Hillary Clinton traveled as Epstein’s guest on at least six occasions, probably more when all the evidence is combed, sources said. Bill Clinton, it has been confirmed in media reports spanning recent years, that he too traveled with Epstein over 20 times to the island.
  • According to other uncovered emails, Abedin and Clinton both sent and received thousands of classified and top secret documents to personal email accounts including Weiner’s unsecured campaign web site which is managed by Democratic political consultants in Washington D.C. Weiner maintained little known email accounts that the couple shared on the website anthonyweiner.com. Weiner, a former seven-term Democratic Congressman from New York, primarily used that domain to campaign for Congress and for his failed mayoral bid of New York City. At one point, FBI sources said, Abedin and Clinton’s classified and top secret State Department documents and emails were stored in Weiner’s email on a server shared with a dog grooming service and a western Canadian bicycle shop. However, Weiner and Abedin, who is Hillary Clinton’s closest personal aide, weren’t the only people with access to the Weiner’s email account. Potentially dozens of unknown individuals had access to Abedin’s sensitive State Department emails that were stored in Weiner’s email account, FBI sources confirmed. FEC records show Weiner paid more than $92,000 of congressional campaign funds to Anne Lewis Strategies LLC to manage his email and web site. According to FBI sources, the D.C.-based political consulting firm has served as the official administrator of the anthonyweiner.com domain since 2010, the same time Abedin was working at the State Department. This means technically Weiner and Abedin’s emails, including top secret State Department emails, could have been accessed, printed, discussed, leaked, or distributed by untold numbers of personnel at the Anne Lewis consulting firm because they can control where the website and it emails are pointed, FBI sources said.
  • According to FBI sources, the bureau’s newly-minted probe into Clinton’s use and handling of emails while she served as secretary of state, has also been broadened to include investigating new email-related revelations, including: Abedin forwarded classified and top secret State Department emails to Weiner’s email Abedin stored emails, containing government secrets, in a special folder shared with Weiner warehousing over 500,000 archived State Department emails. Weiner had access to these classified and top secret documents without proper security clearance to view the records Abedin also used a personal yahoo address and her Clintonemail.com address to send/receive/store classified and top secret documents A private consultant managed Weiner’s site for the last six years, including three years when Clinton was secretary of state, and therefore, had full access to all emails as the domain’s listed registrant and administrator via Whois email contacts. Because Weiner’s campaign website is managed by the third-party consultant and political email guru, FBI agents are burdened with the task of trying to decipher just how many people had access to Weiner’s server and emails and who were these people. Or if the server was ever compromised by hackers, or other actors.
  • Abedin told FBI agents in an April interview that she didn’t know how to consistently print documents or emails from her secure Dept. of State system. Instead, she would forward the sensitive emails to her yahoo, Clintonemail.com and her email linked to Weiner. Abedin said, according to FBI documents, she would then access those email accounts via webmail from an unclassified computer system at the State Dept. and print the documents, many of which were classified and top secret, from the largely unprotected webmail portals. Clinton did not have a computer in her office on Mahogany Row at the State Dept. so she was not able to read timely intelligence unless it was printed out for her, Abedin said. Abedin also said Clinton could not operate the secure State Dept. fax machine installed in her Chappaqua, NY home without assistance. Perhaps more alarming, according to the FBI’s 302 Report detailing its interview with Abedin, none of the multiple FBI agents and Justice Department officials who conducted the interview pressed Abedin to further detail the email address linked to Weiner. There was never a follow up, according to the 302 report. But now, all that has changed, with the FBI’s decision to reopen the Clinton email investigation and the husband and wife seeking immunity deals to testify against Clinton and other associates about the contents of the laptop’s emails.
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    "New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence "to put Hillary (Clinton) and her crew away for life," NYPD sources told True Pundit. NYPD sources said Clinton's "crew" also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday. But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department's highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. "What's in the emails is staggering and as a father, it turned my stomach," the NYPD Chief said. "There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that." The NYPD
Paul Merrell

House Intelligence Bill Fumbled Transparency - Federation Of American Scientists - 0 views

  • Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.
  • But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.
  • The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.
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  • However, a more focused classification reform program may be in the works. Rep. Bennie Thompson (D-MS), the ranking member of the House Homeland Security Committee, said that he would introduce “a comprehensive security clearance reform bill” that would also address the need to shrink the national security classification system. The Thompson bill, which is to be introduced “in the coming weeks,” would “greatly expand the resources and responsibilities of the Public Interest Declassification Board,” Rep. Thompson said during the House floor debate on the intelligence bill on May 30. “A well-resourced and robust Board is essential to increasing accountability of the intelligence community,” he said.
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    I don't agree that whistleblowers need a secret system for their complaints. Secrecy is the problem, not the solution.In a supposedly democratic republic, every bit of government secrecy runs directly contrary to the citizen's right to be know what their government is up to.  All of the NSA reform measures in Congress share a fundamental flaw: they focus on what the NSA is allowed to do in secret. Any sane legislative approach would begin by identifying and clarifying what digital privacy rights citizens have and the obligation of government agencies and the private sector to report violations to their victims. Then one can proceed to examine how intelligence agencies might function within those parameters.  But the approach in Congress has been a catfight over "NSA reform" with secrecy accepted as the norm and without consideration of citizens' privacy rights, not even their Constitutional rights. But it is our privacy laws and their enforcement that needs attention, not directions to the Dark Government that is still allowed to remain in the dark. In other words, it is the public that should be informed of whistleblowers' revelations, not selected members of Congress, not secret courts, not some Privacy and Civil Liberties Oversight Board whose public reports are only summaries with all data they examine hid from view.  Bring that Dark Government into the sunlight and then real reform can happen but not before.
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    +1 The Constitutional and Natural rights of citizens come first. The legality of the NSA activities as well as other gov ops follows. This is an excellent point you make Paul! I hope others take up the cross and realize what an important point you are making in your comment.
Paul Merrell

Whistleblowers File $100 Million Suit against NSA, FBI - WhoWhatWhy - 0 views

  • In a $100 million lawsuit that has garnered virtually no public attention, five National Security Agency (NSA) whistleblowers are accusing the federal government of illegally retaliating against them for alerting the NSA and Congress to a waste of taxpayer funds that benefitted a well-connected contractor.The lawsuit tells the story of the infancy of the NSA’s efforts to surveil the Internet. Back then, there were two programs for the spying agency to choose from — and the first was called ThinThread. It had been developed internally, was comparatively inexpensive, had been tested and proven to be effective, and included safeguards preventing the spying on Americans without a court warrant. The other was called Trailblazer. It did not include such safeguards, had not yet been shown to be effective, and cost 1,000 times more than ThinThread. Instead of being developed internally, it was to be outsourced to Science Applications International Corporation (SAIC), a politically connected contractor.The NSA chose Trailblazer.
  • In response, four NSA employees who had worked on ThinThread, as well as a congressional staffer, alerted Congress and the Office of the Inspector General of the NSA that the agency was wasting taxpayer funds. That is when their troubles began, according to the lawsuit.It alleges that the defendants, which include the NSA, FBI, and the Department of Justice, as well as individuals associated with them, “knowingly and intentionally fabricated” a claim that the plaintiffs leaked classified information to New York Times reporters Eric Lichtblau and James Risen.“[The defendants] used this fabricated claim for retaliation, illegal searches and seizures, physical invasion of their residences and places of business, temporary false imprisonment, the confiscation of their property, cancellation of security clearances leading to the loss of their jobs and employment, intentional infliction of emotional distress, harassment and intimidation,” the lawsuit alleges.It also states that the defendants should have known that the plaintiffs were not the leaks because the NSA “was tracking all domestic telephone calls for the supposed purpose of protecting national security.”
  • The plaintiffs are former NSA employees Thomas Drake, Ed Loomis, J. Kirk Wiebe, William Binney, and former congressional staffer Diane Roark. They seek “punitive damages in excess of $100 million because of Defendants [sic] callous and reckless indifference and malicious acts …” as well as well as an additional $15 million for lost wages and to cover costs.Larry Klayman, the prominent conservative public interest attorney and founder of Judicial Watch, filed the suit on August 20th. However, it is expected to be amended this week, and it is possible that additional publicity for the case will be sought then.
Paul Merrell

Indictment Looms For Hillary As FBI Declares 22 Home-Server Emails "Top Secret" - 0 views

  • Indictment Looms For Hillary As FBI Declares 22 Home-Server Emails “Top Secret” The leaking of the Clinton emails has been compared to as the next “Watergate”. By ZeroHedge.com | January 30, 2016 Share this article! targ
  • The State Department will release more emails from Clinton’s time as secretary of state later Friday. But The Associated Press has learned that 7 email chains are being withheld in full for containing “top secret” material. The 37 pages include messages recently described by a key intelligence official as concerning so-called “special access programs” — a highly restricted subset of classified material that could point to confidential sources or clandestine programs like drone strikes or government eavesdropping. Department officials wouldn’t describe the substance of the emails, or say if Clinton had sent any herself. Spokesman John Kirby tells the AP that no judgment on past classification was made. But the department is looking into that, too.
  • For those that Clinton only read, and didn’t write or forward, she still would have been required to report classification slippages that she recognized. Possible responses for classification infractions include counseling, warnings or other action, State Department officials said, though they declined to say if these applied to Clinton or senior aides who’ve since left the department. The officials weren’t authorized to speak on the matter and spoke on condition of anonymity. However, as we previously noted, the implications are tough for The DoJ – if they indict they crush their own candidate’s chances of the Presidency, if they do not – someone will leak the details and the FBI will revolt… The leaking of the Clinton emails has been compared to as the next “Watergate” by former U.S. Attorney Joe DiGenova this week, if current FBI investigations don’t proceed in an appropriate manner. The revelation comes after more emails from Hilary Clinton’s personal email have come to light. “[The investigation has reached] a critical mass,” DiGenova told radio host Laura Ingraham when discussing the FBI’s still pending investigation. Though Clinton is still yet to be charged with any crime, DiGenova advised on Tuesday that changes may be on the horizon. The mishandling over the classified intelligence may lead to an imminent indictment, with DiGenova suggesting it may come to a head within 60 days.
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  • I believe that the evidence that the FBI is compiling will be so compelling that, unless [Lynch] agrees to the charges, there will be a massive revolt inside the FBI, which she will not be able to survive as an attorney general,” he said. “The intelligence community will not stand for that. They will fight for indictment and they are already in the process of gearing themselves to basically revolt if she refuses to bring charges.” The FBI also is looking into Clinton’s email setup, but has said nothing about the nature of its probe. Independent experts say it is highly unlikely that Clinton will be charged with wrongdoing, based on the limited details that have surfaced up to now and the lack of indications that she intended to break any laws. “What I would hope comes out of all of this is a bit of humility” and an acknowledgement from Clinton that “I made some serious mistakes,” said Bradley Moss, a Washington lawyer who regularly handles security clearance matters. Legal questions aside, it’s the potential political costs that are probably of more immediate concern for Clinton. She has struggled in surveys measuring her perceived trustworthiness and an active federal investigation, especially one buoyed by evidence that top secret material coursed through her account, could negate one of her main selling points for becoming commander in chief: Her national security resume.
Paul Merrell

Former Fox News guest accused of fabricating CIA career | TheHill - 0 views

  • A former cable news commentator was arrested on Thursday for allegedly fabricating a 27-year career with the CIA.According to the Justice Department, 62-year-old Wayne Simmons used the false story to try and gain security clearances and government contracts, including a successful overseas posting to advise military personnel.ADVERTISEMENTHe falsely claimed to have worked as an “Outside Paramilitary Special Operations Officer” from 1973 to 2000, the government alleges in its indictment, in order to work with contractors engaged in multi-million dollar deals with the United States government.He also used his time with the CIA to “bolster his credibility” with someone investing $125,000 in a fake real estate investment, the government charged.Additionally, Simmons lied on government forms to deny that he had been charged with or convicted of a felony offense and to claim that his prior arrests were “directly related related to his supposed intelligence work for the CIA,” according to the charges.
  • Simmons was charged with major fraud against the U.S., wire fraud and making false statements to the government. If convicted, he could be imprisoned for decades.CIA spokesman Dean Boyd said in a brief statement that the agency was “working closely with the Justice Department on this matter.”
Paul Merrell

The NSA Has An Advice Columnist. Seriously. - The Intercept - 0 views

  • What if the National Security Agency had its own advice columnist? What would the eavesdroppers ask about? You don’t need to guess. An NSA official, writing under the pen name “Zelda,” has actually served at the agency as a Dear Abby for spies. Her “Ask Zelda!” columns, distributed on the agency’s intranet and accessible only to those with the proper security clearance, are among the documents leaked by NSA whistleblower Edward Snowden. The columns are often amusing – topics include co-workers falling asleep on the job, sodas being stolen from shared fridges, supervisors not responding to emails, and office-mates who smell bad. But one of the most intriguing involves a letter from an NSA staffer who complains that his (or her) boss is spying on employees.
Paul Merrell

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

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

Fanniegate: Gamechanger For The GOP? | Via Meadia - 0 views

  • The story doesn’t just attack a failure of Democratic policy execution; it exposes a key flaw in New Democratic thinking.  The Third Way as dreamed up by Bill Clinton and Tony Blair sought to harness the power of financial markets to a public service agenda.  Old style command and control liberalism believed in directly mandating business to do what politicians thought should be done.  AT&T had to serve rural communities, but in exchange it had a phone monopoly and regulators made sure that it made a good profit.  The airlines and bus companies had to service unprofitable routes, but regulators made sure that their route networks as a whole were profitable.
  • a new and updated liberalism appeared.
  • The sad fact remains that the current president, according to longstanding government clearance protocols, could not be hired as a janitor in a federal building with the amount of personal background information that he has provided. Run for President? No problem. Get any other federal job? No way. Quite apart from the issue of any sort of birth certificates, real or imagined, genuine or forged, is the fact that Barack Obama’s school records, SAT and LSAT scores, college and law school admission records and scholarship paperwork and grade transcripts and thesis papers, medical records, passport history, Illinois state senate tenure records, presidential campaign foreign donor lists, complete White House visitor logs and many other relevant records and documents have all never been released or allowed to be subjected to any sort of scrutiny, despite several years of repeated requests for disclosure by numerous individuals and non-traditional media organizations. Virtually the entire paper trail of Barack Obama’s existence has always been deeply hidden away in a tight shroud of secrecy. The Obama 2008 campaign and subsequent administration have to date spent a substantial sum on legal fees, estimated in the millions of dollars, to fight Freedom of Information Act filings and other motions and requests to examine some of this material. The powerful international law firm Perkins Coie, the counsel of record to the Democractic National Committee, has been their primary provider of these services and continues in that role.
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    excerpt:  Democrats, watch out. The Republican Party and especially its Tea Party wing have just acquired a new weapon of mass destruction - and it has nothing to do with any of Congressman Wiener's rogue body parts.  If they deploy this weapon effectively in the next election cycle - a big if - then they have the biggest opportunity to move the country rightward since Ronald Reagan took the oath of office back in 1981. The Tea Party WMD stockpile is currently stored in book form:  Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon. By Gretchen Morgenson, one of America's best business journalists who is currently at The New York Times, and noted financial analyst Joshua Rosner, Reckless Endangerment gives the best available account of how the growing chaos in the mortgage and personal finance markets and the rampant bundling of dubious loans into exotically toxic securities plunged the world, and millions of American families, into the gravest financial crisis since World War Two. It is gripping reading as well, and its explanations are clear enough that readers without any background in finance will have no trouble following the plot.  The villains?  An unholy alliance between Wall Street, the Democratic establishment, community organizing groups like ACORN and La Raza, and politicians like Barney Frank, Nancy Pelosi and Henry Cisneros.  (Frank got a cushy job for a lover, Pelosi got a job and layoff protection for a son, Cisneros apparently got a license to mint money bilking Mexican-Americans of their life savings in cheesy housing developments.)
Paul Merrell

Lawmakers Say TPP Meetings Classified To Keep Americans in the Dark | Global Research - 0 views

  • US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.
  • As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”
  • “I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.
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  • Among its other critics, Sen. Elizabeth Warren has slammed the idea of ISDS provisions as a surrender of democratic ideals to corporate interests. According to Warren, ISDS would simply “tilt the playing field in the United States further in favor of big multinational corporations.” By having unchallenged input on secretive TPP talks, Warren argued last month, these large companies and financial interests “are increasingly realizing this is an opportunity to gut U.S. regulations they don’t like.” According to Grayson, putting Wednesday’s ISDS briefing in a classified setting “is part of a multi-year campaign of deception and destruction. Why do we classify information? It’s to keep sensitive information out of the hands of foreign governments. In this case, foreign governments already have this information. They’re the people the administration is negotiating with. The only purpose of classifying this information is to keep it from the American people.”
Paul Merrell

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

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

Classified Report on the C.I.A.'s Secret Prisons Is Caught in Limbo - The New York Times - 0 views

  • A Senate security officer stepped out of the December chill last year and delivered envelopes marked “Top Secret” to the Pentagon, the C.I.A., the State Department and the Justice Department. Inside each packet was a disc containing a 6,700-page classified report on the C.I.A.’s secret prison program and a letter from Senator Dianne Feinstein, urging officials to read the report to ensure that the lessons were not lost to time. Today, those discs sit untouched in vaults across Washington, still in their original envelopes. The F.B.I. has not retrieved a copy held for it in the Justice Department’s safe. State Department officials, who locked up their copy and marked it “Congressional Record — Do Not Open, Do Not Access” as soon as it arrived, have not read it either. Continue reading the main story Related Coverage document The Senate Committee’s Report on the C.I.A.’s Use of TortureDEC. 9, 2014 Panel Faults C.I.A. Over Brutality and Deceit in Terrorism InterrogationsDEC. 9, 2014 Senate Votes to Turn Presidential Ban on Torture Into LawJUNE 16, 2015 Outside Psychologists Shielded U.S. Torture Program, Report FindsJULY 10, 2015 Nearly a year after the Senate released a declassified 500-page summary of the report, the fate of the entire document remains in limbo, the subject of battles in the courts and in Congress. Until those disputes are resolved, the Justice Department has prohibited officials from the government agencies that possess it from even opening the report, effectively keeping the people in charge of America’s counterterrorism future from reading about its past. There is also the possibility that the documents could remain locked in a Senate vault for good.
  • In a letter to Attorney General Loretta E. Lynch last week, Ms. Feinstein, a California Democrat, said the Justice Department was preventing the government from “learning from the mistakes of the past to ensure that they are not repeated.”Although Ms. Feinstein is eager to see the document circulated, the Senate is now under Republican control. Her successor as head of the Intelligence Committee, Senator Richard M. Burr of North Carolina, has demanded that the Obama administration return every copy of the report. Mr. Burr has declared the report to be nothing more than “a footnote in history.”It was always clear that the full report would remain shielded from public view for years, if not decades. But Mr. Burr’s demand, which means that even officials with top security clearances might never read it, has reminded some officials of the final scene of “Raiders of the Lost Ark,” when the Ark of the Covenant is put into a wooden crate alongside thousands of others in a government warehouse of secrets.
  • The full report is not expected to offer evidence of previously undisclosed interrogation techniques, but the interrogation sessions are said to be described in great detail. The report explains the origins of the program and names the officials involved. The full report also offers details on the role of each agency in the secret prison program.The Justice Department, which played a central role in approving the interrogation methods, has even prohibited its own officials from reading the full report.“The Department of Justice was among those parts of the executive branch that were misled about the program, and D.O.J. officials’ understanding of this history is critical to its institutional role going forward,” Ms. Feinstein wrote to the Justice Department last week in a letter she signed with Senator Patrick J. Leahy of Vermont, the top Democrat on the Judiciary Committee.In court, Justice Department lawyers have agreed with Mr. Burr’s contention that the document belongs to Congress. As evidence, they point to an agreement between the C.I.A. and the Senate as the Intelligence Committee began its lengthy investigation. The Senate was under Democratic control at the time.
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  • The American Civil Liberties Union has sued the C.I.A. for access to the document, and at this point the case hinges on who owns it. Senate documents are exempt from public records laws, but executive branch records are not. In May, a federal judge ruled that even though Ms. Feinstein distributed the report to the executive branch, the document still belongs to Congress. That decision is under appeal, with court papers due this month.Justice Department officials defend their stance, saying that handling the document at all could influence the outcome of the lawsuit. They said that a State Department official who opened the report, read it and summarized it could lead a judge to determine that the document was an executive branch record, altering the lawsuit’s outcome. The Justice Department has also promised not to return the records to Mr. Burr until a judge settles the matter.“It’s quite bizarre, and I cannot think of a precedent,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. He said there are any number of classified Senate documents that are shared with intelligence agencies and remain as congressional records, even if they are read by members of the executive branch.
  • The agreement says that any “documents, draft and final recommendations, reports or other materials” generated during the investigation are congressional documents. “As such these records are not C.I.A. records under the Freedom of Information Act,” the agreement says.The A.C.L.U. argues that agreement was void once Ms. Feinstein sent the report to the government agencies. Because she clearly intended the executive branch to use the report, the A.C.L.U. contends, the committee gave up control of the document.If Mr. Burr were to succeed in getting copies of the report returned to the Intelligence Committee, Mr. Aftergood said, he could slowly make it irrelevant.“The longer that it’s buried, the less relevant it becomes,” he said.
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    If it is ultimately found that the report is an Executive Branch record, then the FOIA requires disclosure of all "segregable portions" that are not properly classified.  
Paul Merrell

Asia Times Online :: See you on the dark side - 0 views

  • But then there's the mantra PRISM has been essential to foil major terrorist plots; that has been thoroughly debunked. [4] What is never acknowledged is that PRISM is TIA in action. Anyone - with the right clearance - may use TIA to amass serious inside financial information and make staggering profits. So yes, follow the money.
  • Snowden is surfing the PR tsunami as a master - and controlling it all the way. Yes, you do learn a thing or two at the CIA. The timing of the disclosure was a beauty; it handed Beijing the ultimate gift just as President Obama was corralling President Xi Jinping in the California summit about cyber war. As David Lindorff nailed it, [5] now Beijing simply cannot let Snowden hang dry. It's culture; it's a matter of not losing face. And then Snowden even doubled down - revealing the obvious; as much as Beijing, if not more, Washington hacks as hell. [6] Following the money, the security privatization racket and Snowden's moves - all at the same time - allows for a wealth of savory scenarios ... starting with selected players embedded in the NSA-centric Matrix node making a financial killing with inside information. Snowden did not expose anything that was not already known - or at least suspected - since 2002. So it's business as usual for those running the game. The only difference is the (Digital Blackwater) Big Brother is Watching You ethos is now in the open. TIA, a bunch of wealthy investors and a sound business plan - privatized Full Spectrum Dominance - all remain in play. From now on, it's just a matter of carefully, gradually guiding US public opinion to fully "normalize" TIA. After all, we're making all these sacrifices to protect you.
Paul Merrell

Watchdog: FBI Facial Recognition May Not Be Accurate - Nextgov.com - 0 views

  • The FBI doesn’t know exactly how accurate its facial recognition technology is, new watchdog report finds. The bureau's Next Generation Identification-Interstate Photo System, a database including more than 30 million photos of criminals, lets law enforcement match a surveillance camera photo to that of a known criminal by narrowing their identity to between two and 50 possible candidates. But the FBI hasn't ensured its facial recognition technology doesn’t “unnecessarily include photos of innocent people as investigative leads,” according to a new report from the Government Accountability Office. The NGI-IPS and the FBI’s "Facial Analysis, Comparison and Evaluation Services," or FACE, which accesses databases from other federal, state and local groups, were the subject of a recent audit.  Most photos in NGI-IPS are submitted from 18,000 external groups among federal, state and local law enforcement -- about 70 percent are criminal mugshots. It’s the same technology that helped the FBI and a state track down a sex offender who had been on the run for 20 years. The FBI has spent about $55 million on facial recognition over the last six years.
  • FBI officials haven’t tested the detection rate -- how often a match is generated against a submitted photo -- for lists less than 50 candidates, according to GAO. Law enforcement may request a specific number of candidates for any search, though the default is 20. Verifying that NGI-IPS is accurate for all candidate list sizes would provide more assurance that the system helps to “enhance, rather than hinder, criminal investigations,” the GAO report said. <a href="http://pubads.g.doubleclick.net/gampad/jump?sz=300x300&c=801138892&iu=%2F617%2Fnextgov.com%2Fsection_emergingtech%2Fcontent%2Fpid_129155&t=noscript%3Dtrue%26referring_domain%3DTyped%252FBookmarked%26pos%3Dinjector%26level%3D0"> <img src="http://pubads.g.doubleclick.net/gampad/ad?sz=300x300&c=801138892&iu=%2F617%2Fnextgov.com%2Fsection_emergingtech%2Fcontent%2Fpid_129155&t=noscript%3Dtrue%26referring_domain%3DTyped%252FBookmarked%26pos%3Dinjector%26level%3D0"/> </a> The FBI also hasn’t assessed how often errors occur in facial matching. These can be caused both by lower-quality technology, but also by low-quality photos, the report said. The detection- and the false-positive rate are key data points that will help the bureau and the public understand these risks before the technology is deployed, the report said. GAO also found FBI hadn’t determined whether the facial recognition technology its federal, state and local partners use is accurate enough to support its own investigations. These oversights could impinge on citizen's privacy and civil liberties, the report noted. In 2012, the advocacy group the Electronic Frontier Foundation suggested facial recognition systems could allow “covert, remote, and mass capture and identification of images.”
  • In criminal cases, a false positive might force a defendant to prove he or she isn’t who the facial recognition system thought he was -- such a scenario might “alter the traditional presumption of innocence,” an EFF statement said. The FBI has also been slow in publishing its privacy protocol, the report found. The Justice Department hadn’t updated a key “Privacy Impact Assessment” between 2008 and 2015; and though NGI-IPS has existed since 2011, the FBI also didn’t publish the requisite System of Records Notice, explaining how the technology is used, until May 2016. Publishing these notices more promptly would reassure the public “the FBI is evaluating risks to privacy,” the report said.  The GAO review comes shortly after DOJ published a notice arguing its massive biometric database should be excluded from the Privacy Act, which requires the federal government to disclose, upon inquiry from the subject, the information it collects on the public. The system includes finger and palm prints, iris and facial scans, images of tattoos, from criminals, suspects, detainees and anyone undergoing background checks, security clearances and other government assessments.
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