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WASHINGTON (Reuters) - A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans. Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges. The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.

The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred. Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential. "Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."

A spokesman with the Department of Justice, which oversees the DEA, declined to comment. But two senior DEA officials defended the program, and said trying to "recreate" an investigative trail is not only legal but a technique that is used almost daily.

In the Cold War years, while proxy battles took place between U.S.- and Soviet-backed forces in Angola and other African lands, the U.S. military, which by then had garrisoned much of the planet, was noticeably absent from the continent.  No longer.  And no one who might report on it seems to be paying attention as a downsizing media evidently sees no future in anticipating America’s future wars.  In fact, with the exception of Craig Whitlock of the Washington Post, it’s hard to think of any journalist who has dug into the fast-expanding American role in Africa.  Enter TomDispatch’s Nick Turse.  When it comes to American military plans for that continent, he has been doing the work of the rest of the American foreign press corps on his own.  For the last two years, while his bestselling book on the Vietnam War, Kill Anything That Moves, was being published, he has been carefully tracking and mapping the growing American military presence in Africa, exploring the way those moves may actually be helping to destabilize the continent, and doing his best to make sure that U.S. planning for future wars there doesn’t go unnoticed and unreported.  Today, he puts his work -- and his efforts to mine resistant AFRICOM spokespeople for information -- into a single panorama of everything a fine reporter and outsider can possibly know now about Washington’s ongoing militarization of Africa.  It’s a grim tale of the way, via a hush-hush version of mission creep, the Pentagon and AFRICOM are turning Africa into a battlefield of the future.  Don’t say you weren’t warned -- at TomDispatch. Tom

Stepping into a heated debate within the nation’s intelligence agencies, President Obama has decided that when the National Security Agency discovers major flaws in Internet security, it should — in most circumstances — reveal them to assure that they will be fixed, rather than keep mum so that the flaws can be used in espionage or cyberattacks, senior administration officials said Saturday.But Mr. Obama carved a broad exception for “a clear national security or law enforcement need,” the officials said, a loophole that is likely to allow the N.S.A. to continue to exploit security flaws both to crack encryption on the Internet and to design cyberweapons.

elements of the decision became evident on Friday, when the White House denied that it had any prior knowledge of the Heartbleed bug, a newly known hole in Internet security that sent Americans scrambling last week to change their online passwords. The White House statement said that when such flaws are discovered, there is now a “bias” in the government to share that knowledge with computer and software manufacturers so a remedy can be created and distributed to industry and consumers.Caitlin Hayden, the spokeswoman for the National Security Council, said the review of the recommendations was now complete, and it had resulted in a “reinvigorated” process to weigh the value of disclosure when a security flaw is discovered, against the value of keeping the discovery secret for later use by the intelligence community.“This process is biased toward responsibly disclosing such vulnerabilities,” she said.

The N.S.A. made use of four “zero day” vulnerabilities in its attack on Iran’s nuclear enrichment sites. That operation, code-named “Olympic Games,” managed to damage roughly 1,000 Iranian centrifuges, and by some accounts helped drive the country to the negotiating table.Not surprisingly, officials at the N.S.A. and at its military partner, the United States Cyber Command, warned that giving up the capability to exploit undisclosed vulnerabilities would amount to “unilateral disarmament” — a phrase taken from the battles over whether and how far to cut America’s nuclear arsenal.“We don’t eliminate nuclear weapons until the Russians do,” one senior intelligence official said recently. “You are not going to see the Chinese give up on ‘zero days’ just because we do.” Even a senior White House official who was sympathetic to broad reforms after the N.S.A. disclosures said last month, “I can’t imagine the president — any president — entirely giving up a technology that might enable him some day to take a covert action that could avoid a shooting war.”

The Obama administration defended its creation of a Twitter-like Cuban communications network to undermine the communist government, declaring the secret program was "invested and debated" by Congress and wasn't a covert operation that required White House approval.

But two senior Democrats on congressional intelligence and judiciary committees said Thursday they had known nothing about the effort, which one of them described as "dumb, dumb, dumb." A showdown with that senator's panel is expected next week, and the Republican chairman of a House oversight subcommittee said that it, too, would look into the program.An Associated Press investigation found that the network was built with secret shell companies and financed through a foreign bank. The project, which lasted more than two years and drew tens of thousands of subscribers, sought to evade Cuba's stranglehold on the Internet with a primitive social media platform.First, the network was to build a Cuban audience, mostly young people. Then, the plan was to push them toward dissent.

Yet its users were neither aware it was created by a U.S. agency with ties to the State Department, nor that American contractors were gathering personal data about them, in the hope that the information might be used someday for political purposes.It is unclear whether the scheme was legal under U.S. law, which requires written authorization of covert action by the president as well as congressional notification. White House spokesman Jay Carney said he was not aware of individuals in the White House who had known about the program.

Newly disclosed Pentagon documents prove what we’ve known for a while now: the Obama administration knew as early as 2012 that weapons were being sent from Benghazi, Libya, to rebels in Syria. The U.S. government also knew at the time that: “the Salafist, the Muslim Brotherhood, and [Al Qaeda in Iraq were] the major forces driving the insurgency in Syria.” But did they just “know” or was it part of the plan? These official documents of the Obama administration add to the large  amount of evidence proving that the actual chaos and havoc wreaked by extremist groups in the Middle East was deliberately created by the U.S. and its allies and is not the result of a “failed foreign policy”.

Although the documents do not reveal who was responsible for sending weapons to Syria, it is quite obvious from the language used in the documents that it was a US initiative and the CIA presence in Benghazi at the time suggests that US intelligence was behind this gun-running operation.

This is a joint investigation with the German news magazine Der Spiegel.

A TOP-SECRET U.S. intelligence document obtained by The Intercept confirms that the sprawling U.S. military base in Ramstein, Germany serves as the high-tech heart of America’s drone program. Ramstein is the site of a satellite relay station that enables drone operators in the American Southwest to communicate with their remote aircraft in Yemen, Somalia, Afghanistan and other targeted countries. The top-secret slide deck, dated July 2012, provides the most detailed blueprint seen to date of the technical architecture used to conduct strikes with Predator and Reaper drones. Amid fierce European criticism of America’s targeted killing program, U.S. and German government officials have long downplayed Ramstein’s role in lethal U.S. drone operations and have issued carefully phrased evasions when confronted with direct questions about the base. But the slides show that the facilities at Ramstein perform an essential function in lethal drone strikes conducted by the CIA and the U.S. military in the Middle East, Afghanistan and Africa.

The slides were provided by a source with knowledge of the U.S. government’s drone program who declined to be identified because of fears of retribution. According to the source, Ramstein’s importance to the U.S. drone war is difficult to overstate. “Ramstein carries the signal to tell the drone what to do and it returns the display of what the drone sees. Without Ramstein, drones could not function, at least not as they do now,” the source said. The new evidence places German Chancellor Angela Merkel in an awkward position given Germany’s close diplomatic alliance with the United States. The German government has granted the U.S. the right to use the property, but only under the condition that the Americans do nothing there that violates German law.

is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA's director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):

The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of "selling" his agency's documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden."I think it's wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn't make sense," Alexander said in an interview with the Defense Department's "Armed With Science" blog."We ought to come up with a way of stopping it. I don't know how to do that. That's more of the courts and the policy-makers but, from my perspective, it's wrong to allow this to go on," the NSA director declared. [My italics]There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called "the first amendment".I'd love to know what ways, specifically, General Alexander has in mind for empowering the US government to "come up with a way of stopping" the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.

The Republic of Turkey is consumed by intense conflict, conspiracy charges, and underlying financial problems that simply won't go away. A perfect storm is brewing in Turkey.

Prime Minister Recep Tayyip Erdogan's government and supporters are charged with a secret gold-for-oil deal with Iran. The deal, in violation of trade sanctions against Iran, enriched the PM's ministers and other key supporters involved (including the PM's son), according to prosecutors. The deal also involved misreporting billions of dollars in trade, which, in turn, resulted in Turkey overstating national income and understating its current account deficit. A more ominous charge focuses on Erdogan's open support of a wealthy Saudi known for funding al Qaeda and the PM's alleged support of Al Qaeda fighters engaged against the Syrian government. Just today, we say this headline: Turkish governor blocks police search on Syria-bound truck reportedly carrying weapons . Erdogan is a strong supporter of the Syrian rebels, assumed recipients of the weapons.The crisis started on December 17, 2013 when dozens of Erdogan's close associates were arrested for corruption. The arrests included the CEO of Turkey's state bank caught with million in euros stuffed in shoeboxes. Charges and arrests continued. Prosecutors and police who handled the case were fired at the behest of the Prime Minister. The Turkish supreme court ruled that the government couldn't interfere with police investigations through firings and intimidation. Undeterred, Erdogan fired more prosecutors claiming the charges were an attack on the Turkish state. To top it all off, authorities banned reporters from police stations and pressured the media to stop focusing on the scandals.

The risks to Erdogan are substantial and can impact the entire nation.The two biggest concerns are Erdogan's ongoing support for Syrian rebels, particularly the Islamist jihadists sponsored by Saudi Arabia, the Islamic Front. Critics of the PM are raising his open association with Yasin al-Qadi, an alleged funding source for Al Qaeda and a designated international terrorist by the U.S. government. Erdogan was dismissive of any problems when confronted on the association saying that al-Qadi was "a charitable person who loves Turkey." He may have more explaining to do if investigations continue.Reporting on evidence from prosecutors and first hand witnesses, Michael Rubin found:"According to Turkish interlocutors, there are consistent irregularities in 28 government tenders totaling in the tens of billions of dollars, in which kickbacks and other payments were made, a portion of which Turkish investigators believe ended up with al-Qadi’s funds and charities. These funds and charities were then used to support al-Qaeda affiliates and other radical Islamist groups operating in Syria like the Nusra Front." Dec. 27

“Almost Orwellian” -- that’s the description a federal judge gave earlier this week to the massive spying by the National Security Agency (NSA) on virtually all 380 million cellphones in the United States. In the first meaningful and jurisdictionally grounded judicial review of the NSA cellphone spying program, U.S. District Court Judge Richard Leon, a George W. Bush appointee sitting in Washington, D.C., ruled that the scheme of asking a secret judge on a secret court for a general warrant to spy on all American cellphone users without providing evidence of probable cause of criminal behavior against any of them is unconstitutional because it directly violates the Fourth Amendment.

The National Security Agency is secretly providing data to nearly two dozen U.S. government agencies with a “Google-like” search engine built to share more than 850 billion records about phone calls, emails, cellphone locations, and internet chats, according to classified documents obtained by The Intercept. The documents provide the first definitive evidence that the NSA has for years made massive amounts of surveillance data directly accessible to domestic law enforcement agencies. Planning documents for ICREACH, as the search engine is called, cite the Federal Bureau of Investigation and the Drug Enforcement Administration as key participants. ICREACH contains information on the private communications of foreigners and, it appears, millions of records on American citizens who have not been accused of any wrongdoing. Details about its existence are contained in the archive of materials provided to The Intercept by NSA whistleblower Edward Snowden. Earlier revelations sourced to the Snowden documents have exposed a multitude of NSA programs for collecting large volumes of communications. The NSA has acknowledged that it shares some of its collected data with domestic agencies like the FBI, but details about the method and scope of its sharing have remained shrouded in secrecy.

ICREACH has been accessible to more than 1,000 analysts at 23 U.S. government agencies that perform intelligence work, according to a 2010 memo. A planning document from 2007 lists the DEA, FBI, Central Intelligence Agency, and the Defense Intelligence Agency as core members. Information shared through ICREACH can be used to track people’s movements, map out their networks of associates, help predict future actions, and potentially reveal religious affiliations or political beliefs. The creation of ICREACH represented a landmark moment in the history of classified U.S. government surveillance, according to the NSA documents.

Documents published with this article: CIA Colleagues Enthusiastically Welcome NSA Training Sharing Communications Metadata Across the U.S. Intelligence Community CRISSCROSS/PROTON Point Paper Decision Memorandum for the DNI on ICREACH Metadata Sharing Memorandum Sharing SIGINT metadata on ICREACH Metadata Policy Conference ICREACH Wholesale Sharing Black Budget Extracts

Secret documents obtained by Al Jazeera's Investigative Unit expose a deep disdain by South Africa's spies for their Israeli counterparts, with intelligence assessments accusing Israel of conducting "cynical" polices in Africa that include "fuelling insurrection", "appropriating diamonds" and even sabotaging Egypt's water supply. Political wariness on the part of the South Africans is hardly surprising given Israel's extensive military and security cooperation with the apartheid regime ousted in 1994. The current South African government is led by the African National Congress, which aligned itself with the Palestine Liberation Organisation. A secret analysis from South African intelligence dismisses a tour of African countries by the Israeli foreign minister in 2009 as "an exercise in cynicism".

It says Avigdor Lieberman's nine-day trip to Ethiopia, Nigeria, Ghana, Uganda, and Kenya laid the groundwork for arms deals and the appropriation of African resources, while hiding behind "a philanthropic façade".

Israel has long maintained ties with African countries based on its own security and diplomatic needs. Its ties with the old apartheid regime in South Africa were strongly based on military needs, and reportedly included cooperation in the development of nuclear weapons.

Most sentient people rationally accept that the U.S. media routinely disseminates misleading stories and outright falsehoods in the most authoritative tones. But it’s nonetheless valuable to examine particularly egregious case studies to see how that works. In that spirit, let’s take yesterday’s numerous, breathless reports trumpeting the “BREAKING” news that “Edward Snowden now wants to come home!” and is “now negotiating the terms of his return!” Ever since Snowden revealed himself to the public 20 months ago, he has repeatedly said the same exact thing when asked about his returning to the U.S.: I would love to come home, and would do so if I could get a fair trial, but right now, I can’t. His primary rationale for this argument has long been that under the Espionage Act, the 1917 statute under which he has been charged, he would be barred by U.S. courts from even raising his key defense: that the information he revealed to journalists should never have been concealed in the first place and he was thus justified in disclosing it to journalists. In other words, when U.S. political and media figures say Snowden should “man up,” come home and argue to a court that he did nothing wrong, they are deceiving the public, since they have made certain that whistleblowers charged with “espionage” are legally barred from even raising that defense.

Snowden has also pointed out that legal protections for whistleblowers are explicitly inapplicable to those, like him, who are employed by private contractors (rendering President Obama’s argument about why Snowden should “come home” entirely false). One month after Snowden was revealed, Daniel Ellsberg wrote an Op-Ed in the Washington Post arguing that Snowden did the right thing in leaving the U.S. because he would not be treated fairly, and argued Snowden should not return until he is guaranteed a fully fair trial. Snowden has said all of this over and over. In June 2013, when I asked him during the online Guardian chat why he left the U.S. for Hong Kong, he said: “the US Government, just as they did with other whistleblowers, immediately and predictably destroyed any possibility of a fair trial at home . . . That’s not justice, and it would be foolish to volunteer yourself to it if you can do more good outside of prison than in it.” In January 2014, AP reported about a new online chat Snowden gave: “Snowden said returning would be the best resolution. But Snowden said he can’t return because he wouldn’t be allowed to argue at trial that he acted in the public interest when he revealed the National Security Agency’s mass surveillance programs.” In that chat, he said: “Returning to the US, I think, is the best resolution for the government, the public, and myself.”

Gingrich: “I think if we can find a way to get him home, get the rest of the documents that he has not leaked . . . it’s worth doing, but I think he’d have to serve jail time, and it’d probably be fairly lengthy. I don’t think the country would tolerate this level of betrayal, not having some very significant jail time — Blitzer: “You say lengthy. What do you think? Gingrich: “I’m not an expert in this, but I’d say more than 10 years.” Where to start? First, Gingrich’s belief that it’s possible to “get the rest of the documents that he has not leaked” is simply adorable. Second, Gingrich is a fascinating choice for CNN to have pontificate on proper punishments given that he is the first House Speaker to ever be punished for ethics violations, for which he was fined $300,000. Third, David Petraeus was just allowed to plead guilty for leaking extremely sensitive secrets — not out of a whistleblowing desire to inform the public but simply to satisfy his mistress — and will almost certainly spend no time in jail; Gingrich, Blitzer, Ignatius and friends would never dare suggest that the General should go to prison (just as DC’s stern law-and-order advocates who demand Snowden’s imprisonment would never dare suggest the same for James Clapper for having lied to Congress).

The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.

Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”

Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.

We all know justice is blind. But that is supposed to mean that everyone before it is treated equally, not that the justice system must close its eyes and refuse to look at important legal issues facing Americans.  Yet the government continues to convince courts that they cannot consider the constitutionality of its behavior in national security cases and, last week, in an important case for anyone who has ever used Wikipedia, another judge agreed with that position.  A federal district judge in Maryland dismissed Wikimedia v. NSA, a case challenging the legality of the NSA’s “upstream” surveillance—mass surveillance of Internet communications as they flow through the Internet backbone. The case was brought by our friends at the ACLU on behalf of nine plaintiffs, including human rights organizations, members of the media, and the Wikimedia Foundation.1 We filed a brief in the case, too, in support of Wikimedia and the other plaintiffs. The judge dismissed the case based on a legal principle called standing. Standing is supposed to ensure, among other things, that the party bringing the lawsuit has suffered a concrete harm, caused by the party being sued, and that the court can resolve the harm with a favorable ruling.

But the U.S. government has taken this doctrine, which was intended to limit the cases federal courts hear to actual live controversies, and turned it into a perverse shell game in surveillance cases—essentially arguing that because aspects of the surveillance program are secret, plaintiffs cannot prove that their communications were actually, in fact, intercepted and surveilled. And without that proof, the government argues, there’s no standing, because plaintiffs can’t show that they’ve suffered harm. Sadly, like several other courts before it, the judge agreed to this shell game and decided that it couldn’t decide whether the constitutional rights of Wikimedia and the other plaintiffs were violated.  This game is mighty familiar to us at EFF, but that doesn’t make it any less troubling. In our system, the courts have a fundamental obligation to conclusively determine the legality of government action that affects individuals’ constitutional rights. For years now, plaintiffs have tried to get the courts to simply issue a ruling on the merits of NSA surveillance programs. And for years, the government has successfully persuaded the courts to rely on standing and related doctrines to avoid doing so. That is essentially what happened here. The court labeled as “speculative” Wikimedia’s claim that, at a minimum, even one of its approximately one trillion Internet communications had been swept up in the NSA’s upstream surveillance program. Remember, this is a program that, by the government’s own admission, involves the searching and scanning of vast amounts of Internet traffic at key Internet junctures on the Internet’s backbone. Yet in court’s view, Wikimedia’s allegations describing upstream—based on concrete facts, taken from government documents— coupled with a plaintiff that engages in a large volume of internet communications were not enough to state a “plausible” claim that Wikimedia had been surveilled.

On the way to reaching that conclusion, and putting on its blindfold, the court made a number of mistakes. The Government’s Automated Eyes Are Still Government Eyes First, it appears the court fundamentally misunderstood Wikimedia’s claim about upstream surveillance and, in particular, “about surveillance.” As Wikimedia alleged, “about surveillance” (a specific aspect of upstream surveillance that searches the content of communications for references to particular email addresses or other identifiers) amounts to “the digital analogue of having a government agent open every piece of mail that comes through the post to determine whether it mentions a particular word or phrase.” The court held, however, that this type of “about” surveillance was “targeted insofar as it makes use of only those communications that contain information matching the tasked selectors,” like email addresses. But what the government "makes use of" is entirely beside the point—it is the scanning of the communications for the tasked selectors in the first place that is the problem.  To put it into a different context, the government conducts a search when it enters into your house and starts rifling through your files—not just when it finds something it wants to keep. The government's ultimate decision to “make use of” the communications it finds interesting is irrelevant. It is the search of the communications that matters.

Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].

The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.

The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 

Years late to the party, mainstream media outlets like USA Today, Reuters, and Buzzfeed are just out with "breaking" and "exclusive" stories detailing how a vast arsenal of weapons sent to Syria by the CIA in cooperation with US allies fuelled the rapid growth of ISIS. Buzzfeed's story entitled, Blowback: ISIS Got A Powerful Missile The CIA Secretly Bought In Bulgaria, begins by referencing "a new report on how ISIS built its arsenal highlights how the US purchased munitions, intended for Syrian rebels, that ended up in the hands of the terrorist group." The original study that Buzzfeed and other media are referencing comes from a UK-based independent weapons research organization called Conflict Armament Research (CAR) which has had a team of weapons and munitions experts on the ground in the Middle East for years examining arms and equipment recovered from ISIS and other terrorist groups in Iraq and Syria. Using serial numbers, crate shipping markings, and all available forensics data, the CAR experts began finding that as early as 2013 to 2014 much of the Islamic State's advanced weapons systems as well as small arms were clearly sourced to the United States and the West. “Supplies of materiel into the Syrian conflict from foreign parties - notably the United States and Saudi Arabia - have indirectly allowed IS to obtain substantial quantities of anti-armor ammunition,” states the CAR report. “These weapons include anti-tank guided weapons and several varieties of rocket with tandem warheads, which are designed to defeat modern reactive armor.”

The study further reveals that in one notable instance, a weapons shipment of advanced missile systems switched hands from US intelligence to "moderate" Syrian groups to ISIS in only a two month time period. Though the report is now evoking shock and confusion among pundits, the same weapons research group has actually published similar findings and conclusions going years back into the Syrian conflict.  For example, a previous 2014 Conflict Armament Research report found that Balkan origin anti-tank rockets recovered from ISIS fighters appeared identical to those shipped in 2013 to Syrian rebel forces as part of a CIA program. And CAR's damning publications presenting such inconvenient empirical data have been consistent for years, yet were largely ignored and suppressed by analysts and mainstream media who were too busy cheerleading US support for Syrian "rebels" cast as romantic revolutionaries in their struggle to topple Assad and his secular nationalist government. Of course, it's an old story if you've been reading Zero Hedge or the profusion of independent outlets that have long reported the truth about the covert "dirty war" in Syria since nearly the beginning. 

Even though it's now suddenly acceptable and fashionable to admit - as does one recent BBC headline ("The Jihadis You Pay For") - that the US and Saudi covert program in Syria fuelled the rise of ISIS and various other al-Qaeda linked terror groups, it must be remembered that only a short time ago the mainstream media openly mocked analysts and writers who dared make the connection between the West's massive covert Syrian rebel aid programs and the al-Qaeda insurgents who so clearly benefited. When news of the 2012 Defense Intelligence Agency report  broke, which described what it called a "Salafist principality" or "an Islamic State" as a strategic asset or buffer in Syria that could be used by the Western coalition "in order to isolate the Syrian regime", American media outlets dismissed what was labelled a "conspiracy theory" at the time in spite of the hard evidence of a US military intelligence report being made available. The Daily Beast for example mocked what it called "The ISIS Conspiracy Theory that Ate the Web" - describing those analyzing the Pentagon intelligence document as far-right and far-left loons. This occurred even as the document was taken very seriously and analyzed in-depth by some of the world's foremost Middle East experts and investigative journalists in foreign outlets like the London Review of Books, The Guardian, Der Spiegal , as well as RT and Al Jazeera.

"As bad as it is the folks above the President make the decisions. They may have decided on Trump. These things do not happen by accident." Thus spoke a high-level US business mover and shaker with secure transit in rarified Masters of the Universe-related circles, amidst the utter political chaos provoked by head of the FBI James Comey's latest bombshell. It's virtually established by now that US Attorney General Loretta Lynch told Comey not to release his letter to Congress. But Comey did it anyway. If he had not, and a scandal would - inevitably - spring up after the US presidential election, Lynch would be perfectly positioned to deny she knew anything, and Comey would be on the firing line. Lynch is a certified Clinton machine asset. In 1999 then-President Bill Clinton appointed her to run the Brooklyn US Attorney's office. She left in 2002, taking the private practice revolving door. She was back to the Brooklyn office in 2010, urged by Obama. Five years later she became the 83rd US Attorney General, replacing the dodgy Eric Holder. A plausible case has been made that Comey took his fateful decision based on a serious internal revolt at the FBI - led by key people he trusts — as well as being egged-on by his wife. Yet one of the key questions that refuse to go away is why the FBI waited until 11 days before the US presidential election to supposedly "find" an email trove on certified sexting pervert Anthony Weiner's laptop.

     "As bad as it is the folks above the President make the decisions. They may have decided on Trump. These things do not happen by accident." Thus spoke a high-level US business mover and shaker with secure transit in rarified Masters of the Universe-related circles, amidst the utter political chaos provoked by head of the FBI James Comey's latest bombshell. It's virtually established by now that US Attorney General Loretta Lynch told Comey not to release his letter to Congress. But Comey did it anyway. If he had not, and a scandal would - inevitably - spring up after the US presidential election, Lynch would be perfectly positioned to deny she knew anything, and Comey would be on the firing line. Lynch is a certified Clinton machine asset. In 1999 then-President Bill Clinton appointed her to run the Brooklyn US Attorney's office. She left in 2002, taking the private practice revolving door. She was back to the Brooklyn office in 2010, urged by Obama. Five years later she became the 83rd US Attorney General, replacing the dodgy Eric Holder. A plausible case has been made that Comey took his fateful decision based on a serious internal revolt at the FBI - led by key people he trusts — as well as being egged-on by his wife. Yet one of the key questions that refuse to go away is why the FBI waited until 11 days before the US presidential election to supposedly "find" an email trove on certified sexting pervert Anthony Weiner's laptop.

The business source, although unsympathetic to the Clinton machine, especially in foreign policy, is a realpolitik practitioner, not a conspiracy theorist. He is adamant that, "the FBI reversal could not have happened without orders above the President. If the Masters [of the Universe] have changed their mind, then they will destroy Hillary." He adds, "they can make a deal with Donald just like anyone else; Donald wins; the Masters win; the people think that their voice has been heard. And then there will be some sort of (controlled) change." What's paramount in the whole soap opera is that faith in the US political system — as corrupt as it may be — must endure. That mirrors the faith in the US dollar; if confidence in the US dollar fails, the US as a hegemonic financial power is no more. The source is equally adamant that, "it is almost unprecedented to see a cover-up as extensive as Hillary's. A secret meeting between Bill Clinton and the Attorney General; the FBI ignoring all evidence and initially clearing Hillary to near rebellion of the whole of the FBI, attested to by Rudolf Giuliani whose reputation as a federal prosecutor is unquestioned; the Clinton "pay for play" foundation. The Masters are troubled that this is getting out of hand." The record shows that "the Masters do not usually have to go to such lengths to protect their own. They did manage to save Bill Clinton from the Monica Lewinsky perjury and keep him in the presidency. The Masters were not attacked in this case. They even got away with the 1987 cash settlement crash and the theft surrounding the Lehman debacle. In all these cases there were no overarching challenges to their control, as we see now open to the public by Trump. They antagonized and insulted the wrong man."

Current and former FBI officials have launched a media counter-offensive to engage head to head with the Clinton media machine and to throw off the shackles the Loretta Lynch Justice Department has used to stymie their multiple investigations into the Clinton pay-to-play network. Over the past weekend, former FBI Assistant Director and current CNN Senior Law Enforcement Analyst Tom Fuentes told viewers that “the FBI has an intensive investigation ongoing into the Clinton Foundation.” He said he had received this information from “senior officials” at the FBI, “several of them, in and out of the Bureau.” (See video clip from CNN below.) That information was further supported by an in-depth article last evening in the Wall Street Journal by Devlin Barrett. According to Barrett, the “probe of the foundation began more than a year ago to determine whether financial crimes or influence peddling occurred related to the charity.” Barrett’s article suggests that the Justice Department, which oversees the FBI, has attempted to circumvent the investigation. The new revelations lead to the appearance of wrongdoing on the part of U.S. Attorney General Loretta Lynch for secretly meeting with Bill Clinton on her plane on the tarmac of Phoenix Sky Harbor International Airport on the evening of June 28 of this year. Not only was Bill Clinton’s wife under an FBI investigation at the time over her use of a private email server in the basement of her New York home over which Top Secret material was transmitted while she was Secretary of State but his own charitable foundation was also under investigation, a fact that was unknown at the time to the public and the media.

The reports leaking out of the FBI over the weekend came on the heels of FBI Director James Comey sending a letter to members of Congress on Friday acknowledging that the investigation into the Hillary Clinton email server was not closed as he had previously testified to Congress, but had been reopened as a result of “pertinent” emails turning up. According to multiple media sources, those emails were found on the laptop of Anthony Weiner, estranged husband of Hillary Clinton’s longtime aide, Huma Abedin. Weiner was forced to resign from Congress in 2011 over a sexting scandal with more sexting scandals to follow. Early this month, on October 3, the FBI raided Weiner’s apartment in New York with a search warrant in hand and seized multiple electronic devices. At least one of those devices had been used by both Weiner and Abedin to send email messages. The search warrant had been obtained following a detailed report that had appeared in the Daily Mail newspaper in the U.K. in September, showing sordid, sexual emails that Weiner had allegedly sent to a 15-year old girl in North Carolina. According to the content of the published emails, Weiner was aware that the girl was underage. While examining the hard drive of a laptop seized from Weiner, the FBI found metadata showing that thousands of the emails were exchanged between the private server located in Hillary Clinton’s basement in Chappaqua, New York. Since the FBI had only a search warrant to examine emails and documents related to the Weiner matter, it was not able to read the other emails but simply tallied up the metadata linked to the private server in Chappaqua to show how many potentially new emails might be in the trove on the laptop. (It is also possible that the FBI agents could have used a program to compare subject headings against those emails previously turned over by Abedin to make their case that Abedin had perjured herself when she testified to them that she had turned over all of her work-related emails from her time as Deputy Chief of Staff for Operations when Hillary Clinton served as Secretary of State.)

The FBI officials briefed FBI Director James Comey last Thursday on the new trove of emails and he went public with his letter to Congress the next day – leading the Clinton camp to immediately launch a media assault on his motives. As if all of this wasn’t enough for the public to digest over the weekend, yesterday morning James Kallstrom, the former Assistant Director in Charge of the FBI’s New York Division and 25-year veteran of the FBI, went on the John Catsimatidis radio program to call the Clintons a “crime family.” (You can hear the full program here.) Kallstrom’s comments were further amplified when the New York Daily News reported on his criticisms that the FBI had been hamstrung from conducting a real investigation. The Daily News quoted Kallstrom from the radio program as follows: “ ‘This investigation was never a real investigation, they never had grand jury empaneled…This investigation was without the ability to serve subpoenas, serve search warrants, and obtain evidence … It was just ludicrous.’ ” On Wednesday of last week, just two days before FBI Director Comey issued his public letter to Congress, WikiLeaks released a devastating memo from Douglas Band, at the time a key figure at the Clinton Foundation and President of his own corporate consulting firm, Teneo. The memo was rife with suggestions of pay-to-play and personal enrichment schemes at the Clinton Foundation. The same day, Washington Post reporters Rosalind Helderman and Tom Hamburger reported the story, including the following details:

So after more than four years of Scotland Yard investigations, and months of agonising within the Crown Prosecution Service, ministers and MI6 are getting off scot-free over the abduction and subsequent torture of two suspected Islamists. Abdel Hakim Belhaj and Sami al-Saadi were enemies of Muammar Gaddafi delivered to Tripoli, courtesy of MI6 and the CIA, in 2004 when Tony Blair’s government was cuddling up to the Libyan dictator. Gaddafi had promised to abandon his nuclear and chemical weapons programme and as a reward for British friendship – including the secret rendition of his opponents – he agreed to huge and lucrative oil deals for BP.

In one of the deepest ironies in the history of British intelligence, clear evidence of British involvement in the rendition of Belhaj, Saadi and their families to Tripoli’s jails emerged in 2001. They were spelled out in a letter from Sir Mark Allen, then head of MI6 counter-terrorism operations, to Moussa Koussa, Gaddafi’s intelligence chief, written in March 2004. In it, Allen trumpeted MI6’s role in the operation. The letter was found among documents in Moussa’s office destroyed by Nato bombs. Saadi accepted £2.2m compensation from the British government. Belhaj chose to fight on, demanding an apology. The supreme court is soon due to deliver judgment on his claim that Britain must take responsibility for his abduction. Lawyers for the government argue that British courts have no right to hear the case since the agents of foreign intelligence agencies – notably the CIA – were also involved in the operation. Eliza Manningham-Buller, then head of MI5 – MI6’s sister service responsible for British security as opposed to spying abroad – was so angry with what MI6 had been up to, that, as the Guardian reported last week, she fired off a letter to Blair complaining about it, saying its actions may have compromised the security and safety of MI5 officers and their informants. Such was her fury that she ejected MI6 staff from MI5’s headquarters, Thames House.

After the Allen letter came to light, Blair said he had “no recollection at all” of the Libyan rendition. Jack Straw, then foreign secretary responsible for MI6, told MPs in 2005 – a year after the Libyan abductions – that “there is simply no truth in the claims that the United Kingdom has been involved in rendition full stop.” After the Allen letter emerged, Straw said: “No foreign secretary can know all the details of what its intelligence agencies are doing at any one time.” Government officials have insisted that the operation was in response to “ministerially authorised government policy”. Sir Richard Dearlove, head of MI6 at the time, has said: “It was a political decision, having very significantly disarmed Libya, for the government to cooperate with Libya on Islamist terrorism.” Referring to MI6’s links with Gaddafi, Manningham-Buller has stated: “There are clearly questions to be answered about the various relationships that developed afterwards and whether the UK supped with a sufficiently long spoon.” Section 7 of the 1994 Intelligence Services Act, sometimes described as the “James Bond clause”, protects MI6 officers from prosecution for actions anywhere in the world that would otherwise be illegal. They would be protected as long as their actions were authorised in writing by the secretary of state.

Amid reports that Moscow is considering handing over NSA whistleblower Edward Snowden as a “gift” to U.S. President Donald Trump, a Russian government spokesperson said Monday that the Kremlin and the White House have not discussed the matter, Russia’s state TASS agency reported. “No, this issue (Snowden’s fate) was not raised,” presidential spokesperson Dmitry Peskov told reporters Monday, adding that Russian officials have not taken a position on whether Snowden should be extradited to the U.S. or granted Russian citizenship. “The issue was not raised (during the Russian-US contacts),” Peskov said. “At the moment it is not among bilateral issues.” The statement comes after Snowden — who has lived in Russia since 2013, first with one-year temporary asylum then a residence permit — revealed in recent days that he is “not afraid” of being handed over to the United States, where he faces espionage charges for his explosive 2013 leak of documents on secret U.S. mass surveillance programs.

However, Snowden also said in an interview with Yahoo News that talk of a possible trade between Moscow and Washington makes him feel “encouraged” because it vindicates him in the face of accusations that he has been a spy for Russia by laying bare the fact that he has always been independent and “worked on behalf of the United States.” “Finally: irrefutable evidence that I never cooperated with Russian intel,” he tweeted on Friday. “No country trades away spies, as the rest would fear they’re next.” In the U.S., Snowden faces charges of theft of government property and violation of the Espionage Act on two counts, which each carry a maximum sentence of 10 years.

“What I am proud of,” Snowden told Yahoo News, “is the fact that every decision that I have made I can defend.” Snowden is set to be eligible to apply for Russian citizenship next year, according to his lawyer. Last month, Moscow extended his residence permit, which is now valid until 2020.