Category: Intelligence

If Any of General Michael Hayden’s Subordinates Have Stories About His Treatment of Women, I Would Love to Talk to You

Because, in response to the Senate Intelligence Committee’s decision to release their torture report, his response can best be summed up as, “Women be crazy,” which is a whole new level or repulsiveness by senior staff of our state security apparatus:

Former CIA and National Security Agency director Michael Hayden suggested Sunday that Senate Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) might have compromised the objectivity of a report on CIA interrogation techniques because she personally wants to change them.

On “Fox News Sunday,” Hayden cited comments Feinstein made last month in which she said declassifying the report would “ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”

Hayden suggested Feinstein feels too strongly about the issue on an “emotional” level.

“That sentence — that motivation for the report — may show deep, emotional feeling on the part of the senator, but I don’t think it leads you to an objective report,” Hayden said.

(emphasis mine)

Seriously, does anyone anywhere who cannot see this as a blatantly sexist attack?

What was it like for women under his command?  I’m thinking “boss from hell.”

It Now Gets Real for the Torturers

The Senate Intelligence Committee just voted to release the torture report:

The Senate Intelligence Committee has voted to release parts of a hotly contested, secret report that harshly criticizes CIA terror interrogations after 9/11, and the White House said it would instruct intelligence officials to cooperate fully.

The result sets the stage for what could be the fullest public accounting of the Bush administration’s record when it comes to waterboarding and other “enhanced interrogation techniques.” The panel voted 11-3 Thursday to order the declassification of almost 500 pages of the 6,300-page review, which concludes the harsh methods employed at CIA-run prisons overseas were excessively cruel and ineffective in producing valuable intelligence.

Even some Republicans who agree with the spy agency that the findings are inaccurate voted in favor of declassification, saying it was important for the country to move on.

“The purpose of this review was to uncover the facts behind the secret program and the results, I think, were shocking,” Sen. Dianne Feinstein, D-Calif., the committee chairwoman, said. “The report exposes brutality that stands in sharp contrast to our values as a nation. It chronicles a stain on our history that must never be allowed to happen again. This is not what Americans do.”

The intelligence committee and the CIA are embroiled in a bitter dispute related to the three-year study. Senators accuse the agency of spying on their investigation and deleting files. The CIA says Senate staffers illegally accessed information. The Justice Department is reviewing competing criminal referrals.

As a result of Thursday’s vote, the CIA will start scanning the report’s contents for any passages that could compromise national security. That has led to fears in the committee that a recalcitrant CIA might sanitize key elements of their investigation, and demands for President Barack Obama to ensure large parts of the report aren’t blacked out.

Obama, said Sen. Mark Udall, D-Colo., should “hold onto the redaction pen himself.”

The CIA’s strategy at this point is delay and obfuscate while leaking furiously to malign the report.

If I were a Senator, I remember that if it takes too long, reading the high points of the report on the floor of the Senate is a constitutionally protected activity.

Of Course this is a Part of Obama’s War on Whistleblowers

The Pentagon is looking at stripping the security clearance for the lead whistle-blower advocate for spies in the US government:

The Pentagon’s inspector general is trying to suspend and possibly revoke the top secret access of the Defense Department’s former director of whistleblowing, triggering concerns in Congress that he’s being retaliated against for doing his job.

If the recommendation is acted on, Daniel Meyer would no longer be able to work in his current job as the executive director for intelligence community whistleblowing at a time when President Barack Obama’s reforms of the system are supposed to be underway .

The controversy over Meyer’s fate comes at an awkward moment for the Obama administration. Meyer, the Pentagon inspector general’s whistleblower advocate until last summer, was well-known for aggressively investigating whistleblower allegations. In his current job, he was supposed to have a key role in the president’s initiative to improve the intelligence whistleblowing system.

The administration pointed to those reforms after former National Security Agency contractor Edward Snowden leaked details on the agency’s then-classified mass collection of Americans’ email and phone records. Snowden has said he was prompted to disclose the details because he believed the whistleblowing system was broken.

“Dan Meyer has been a relentless advocate for whistleblowers in making sure they don’t fall through the cracks,” said one congressional staffer, who asked to remain anonymous because of the sensitivity of the matter. “If action is taken against him, it could have a chilling effect on whistleblowers coming forward.”

This is, of course, a feature, not a bug.

While I do not think that the political appointees in the Obama administration directly authorized this, I think that it is clear that this is a part and parcel on President Obama’s war on whistle-blowers. (He has criminally prosecuted more of them than all of his predecessors combined)

This is happening because this is a part of the culture within institutions like the DoD, the NSA, and the CIA, and because it is a part of the culture of the Obama White House.

Intimidating potential whistle blowers is an implicit goal of all of these policies.

Maybe Because They do not Want to be Revealed as Sociopathic Sadists?

This would explain why the CIA has consistently lied about both the effectiveness and the extent of its torture program:

A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.

The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Current and former U.S. officials who described the report spoke on the condition of anonymity because of the sensitivity of the issue and because the document remains classified. The 6,300-page report includes what officials described as damning new disclosures about a sprawling network of secret detention facilities, or “black sites,” that was dismantled by President Obama in 2009.

Classified files reviewed by committee investigators reveal internal divisions over the interrogation program, officials said, including one case in which CIA employees left the agency’s secret prison in Thailand after becoming disturbed by the brutal measures being employed there. The report also cites cases in which officials at CIA headquarters demanded the continued use of harsh interrogation techniques even after analysts were convinced that prisoners had no more information to give.

(emphasis mine)

Also, the techniques used were far worse than previously revealed.

We now understand why the CIA has bee pushing back against the Senate Intelligence Committee. 

It’s one thing to argue that it was a necessary evil that yielded results, it’s another that the policies were prosecuted out of nothing more than a sadistic need to prove how macho they are.

Truth be told, I am not surprised.  This sort of narcissistic cruelty is something that I would expect to have originated from the mind of one Richard Bruce Cheney.

The problem is that for the entire Bush-Cheney years, being a sadistic torturer, or at least pretending to be one, was the only way for advancement in the CIA, and Obama has done nothing to clean house since then.

This means that the upper echelons of the CIA need to cover up this at all cost, or they will be sidelined.

Torture comes home, nu?

If I Were Glenn Greenwald, I’d Watch My Back Around Pierre Omidyar

A while back Mark Ames wrote of the ties between the founder of First Media, who now employs Glenn Greenwald, and the CIA and State Department’s clandestine activities to destabilize the Ukraine.

Now, Paul Carr follows up with an analysis of Pierre and Pamela Omidyar’s pattern of regular  visits to the Obama White House:

Speaking to the Daily Beast, documentary maker Jeremy Scahill mentioned his boss explicitly when comparing the cozy relationship between other news organizations and the White House. First Look, he insisted, would be different…

I think that the White House, whether it is under Republican or Democrat, they pretty much now [sic] who they are dealing with. There are outlets like The Daily Beast, or The Huffington Post that have risen up in the past decade, but they are very quickly just becoming part of the broader mainstream media, and with people that have spent their careers working for magazines or newspapers or what have you, and the White House believes they all speak the language on these things. With us, because we want to be adversarial, they won’t know what bat phone to call. They know who to call at The Times, they know who to call at The Post. With us, who are they going to call? Pierre? Glenn?”

Scahill’s question is a good one — and it’s also very easy to answer: If the White House has a problem with First Look, it’s a pretty safe bet they’ll pick up the phone and call Pierre Omidyar.

After all, according to records made available under Obama’s 2009 transparency commitment, Omidyar has visited the Obama White House at least half a dozen times since 2009. During the same period, his wife, Pamela Omidyar, who heads Omidyar Network, has visited 1600 Pennsylvania Ave at least four times, while Omidyar Network’s managing partner, Matthew Bannick, has visited a further three. In all, senior Omidyar Network officials made at least 13 visits to the White House between 2009-2013. (In fact the logs indicate that, on several occasions, Omidyar visited the White House more than once in the same day. To avoid unfairly inflating the numbers, I’ve removed same-day duplicates from all the totals cited in this article.)

To put the numbers in perspective, Omidyar’s six visits compare to four visits during the same period by NBCUniversal chief Stephen Burke, two by Fox News boss Roger Ailes, two by MSNBC’s Phil Griffin, one by New York Times owner Arthur O Sulzberger, and one each by Dow Jones’ Robert Thompson, Gannett/USA Today’s Gracia Martore and Omidyar’s fellow tech billionaire turned media owner, Jeff Bezos.

In fact Pando could only find three media titans who had earned more White House visitor loyalty points than Omidyar: CNN’s Jeffrey Zucker (7), former Post owner Donald Graham (9) and queen of all media, Arianna Huffington (11). According to records, neither The Daily Beast’s Tina Brown or Barry Diller were invited at all — nor, by the way, was Rupert Murdoch.

Even compared to other major tech leaders, Omidyar is a special case. LinkedIn’s Reid Hoffman visited the White House twice during the same period, as did Facebook’s Mark Zuckerberg. Omidyar also beat out Marissa Mayer (5), Eric Schmidt (5), John Doerr (4), Dick Costolo (3), Evan Williams (3), Jack Dorsey (2), Larry Ellison (1) and poor old Reed Hastings who wasn’t invited at all, until this week. According to records, other people not important enough to make it through the door include Pando investors Marc Andreessen and Peter Thiel.

………

Serbia, Georgia and Burma are, of course, all places where USAID-backed pro-US color revolutions were successful. And now we have Omidyar Network investing in USAID’s newest overseas programs, “advancing U.S. national security interests” in USAID’s words.

Carr reveals Omidyar’s extensive and ongoing ties to the US state security apparatus’ involvement in the intelligence operations, Scahill says that Omidyar is aggressively involved with the day to day operations of First Media‘s magazine, The Intercept, “Pierre writes more on our internal messaging than anyone else.”

This is not proof that Omidyar is somehow in cahoots with the CIA or the Obama administration, but it does mean that neither Glenn Greenwald, Jeremy Scahill, Dan Froomkin, nor Matt Taibbi should trust him any further than they could throw him.

As James Reisen of the New York Times observed, the Obama administration, is “The Greatest Enemy Of Press Freedom That We Have Encountered In At Least a Generation.”

Liar

In a photo-op with Democratic members of Congress, Barack Obama was asked about the allegations that the CIA hacked into Senate Intelligence Committee computers and threaten the committee staff, Obama let loose with this one of the most blatant lies I’ve heard in a long time:

Since that time, we have worked with the Senate committee so that the report that they are putting forward is well-informed, and what I’ve said is that I am absolutely committed to declassifying that report as soon as the report is completed. In fact, I would urge them to go ahead and complete the report, send it to us. We will declassify those findings so that the American people can understand what happened in the past, and that can help guide us as we move forward.

Seems innocuous, but as Kevin Drum observes, “Last I heard, the report was completed in 2012. The CIA responded last June. Dianne Feinstein has been pushing for declassification of at least the report’s executive summary every since.”

Much like his statement that he welcomed the debate on spying on American citizens engendered by the Snowden leaks, this latest statement is a lie.

If Obama had any interest in releasing an unclassified version of the Senate report, it would be out now, but he does not want it released, because the details on torture in the report are allegedly even more grisly, and far less effective, than what has already been made public.

If these details come out will make it difficult for Obama to keep ignoring the moral and constitutional issues raised by the mindless and useless brutality that was done in our name.

That’s inconvenient, so Barack Obama wants it to go away.

A portrait in cynicism and cowardice.

Barack Obama, What’s Your F%$#ing Problem?

OK, we now know that the CIA is accused of spying on and breaking into Congressional computers. We also know, thanks to Dan Froomkin, that John Brennan wrote a letter admitting that they hacked into the Senate staffers’ computers:

Brennan, in his own remarks after Feinstein’s speech on Tuesday, vaguely ridiculed allegations of CIA “hacking” and said that “when the facts come out on this, I think a lot of people who are claiming that there has been this tremendous sort of spying and monitoring and hacking will be proved wrong.” But nothing he said actually disputed Feinstein’s version of events.

And as Michael Masnick reported for Techdirt, a January 27 letter to Feinstein that Brennan  sent out to CIA staff on Tuesday actually confirmed the search, though Brennan described it — and the need for it — in the context of concern about a security breach:

Because we were concerned that there may be a breach or vulnerability in the system for housing highly classified documents, CIA conducted a limited review to determine whether these files were located on the SSCI [Senate Select Committee on Intelligence] side of the CIA network and reviewed audit data to determine whether anyone had accessed the files, which would have been unauthorized.

And he said he wasn’t done. “Only completion of the security review will answer how SSCI staff came into possession of the documents,” he wrote, saying that he had only “temporarily” suspended further action until getting Feinstein’s consent.

The “breach” in question concerned the committee staff’s possession of an internal CIA review of the materials the agency had previously turned over to Feinstein’s committee during the course of the four-year congressional investigation into the Bush-era torture practices.

What is Barack Obama’s response?  Abuses by the CIA are someone else’s problem:

Barack Obama sought to distance the White House from the fierce dispute between top senators and the Central Intelligence Agency on Wednesday, claiming it would be inappropriate for his administration to become involved the clash over an investigation into the use of torture in post-9/11 interrogations.

In the president’s first remarks about the dispute since Dianne Feinstein, the chairwoman of the Senate intelligence accused the CIA of a cover-up and intimidation directed at her staff, Obama said it was not a matter for the White House to “wade into at this point”.

This is something that you don’t “wade into at this point”?  Seriously?  How can this not be a matter that you need to “wade into at this point”?

You are the HMFIC.*  Do your F%$#ing job, and take charge!

The chief counsel of the CIA’s review of the Senate report is a subject of the investigation whose name is mentioned 1600 times.

This person also attempted to intimidate Senate staffers by filing a bogus criminal complaint.

And the head of the CIA, John Brennan is saying that everything is hunky-dory.

You are F%$#ing President of the F%$#ing United States of F%$#ing America.  How the F%$ is this not your F%$#ing job?

I don’t care how F%$#ing awsome you F%$#ing think you F%$#ing are, your mere existence does not constitute the “Hope” or the “Change” that have figured so prominently in your messaging.

Why the f%$# did you run to be President if you somehow don’t think that this this is not your f%$#ing job?

*Head Mother F%$#er In Charge.

We Now Get the Chance to See How Much Corruption Barack Obama will Tolerate in the State Security Apparatus

We have know that the President tolerated it when Director of National Intelligence James Clapper blatantly and unashamedly lied to Congress, but this is a much bigger deal.

Dianne Feinstein* just took to the floor of the Senate and accused the CIA of obstructing a senate investigation and attempting to intimidate the Senate Intelligence Committee Staff:

The chairwoman of the Senate intelligence committee, Dianne Feinstein, on Tuesday accused the Central Intelligence Agency of a catalogue of cover-ups, intimidation and smears aimed at investigators probing its role in an “un-American and brutal” programme of post-9/11 detention and interrogation.

In a bombshell statement on the floor of the US Senate, Feinstein, normally an administration loyalist, accused the CIA of potentially violating the US constitution and of criminal activity in its attempts to obstruct her committee’s investigations into the agency’s use of torture. She described the crisis as a “defining moment” for political oversight of the US intelligence service.

Her unprecedented public assault on the CIA represented an intensification of the row between the committee and the agency over a still-secret report on the torture of terrorist suspects after 9/11.

Feinstein, who said she was making her statement “reluctantly”, confirmed recent reports that CIA officials had been accused of monitoring computer networks used by Senate staff investigators. Going further than previously, she referred openly to recent attempts by the CIA to remove documents from the network detailing evidence of torture that would incriminate intelligence officers.

She also alleged that anonymous CIA officials were effectively conducting a smear campaign in the media to discredit and “intimidate” Senate staff by suggesting they had hacked into the agency’s computers to obtain a separate, critical internal report on the detention and interrogation programme.

While it is tempting to focus on the obvious irony of Feinstein’s outrage in the face of her previous full throated support of intellligence excesses, as Edward Snowden does, this is a much bigger issue.

If what Feinstein alleges is true, and I am inclined to believe it because it is a statement against her normal interests, which is as a CIA fanboi, it lends credibility.

Going over her speech, here is what she presents:

  • The Senate Intelligence Committee demanded that all relevant documents be turned over to them so that they might be able to investigate the CIA’s torture program.
  • The CIA balked, and so the committee and then CIA Director Leon Panetta negotiated an arrangement whereby the staff would access these documents at a CIA secured facility.  Here is the relevant quote:

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

  • Unsurprisingly, the CIA provided the documents without any sort of index or any search facility, though one was later added at Senate requests
  • It was this computer system that the CIA searched, in contravention of their agreement.
  • The CIA also insisted on additional multiple level levels of review that were not a part of the agreement.
  • When the staff found something relevant, they would save it to disk at the securely located computer, or print it out.
  • The staff found that documents that they had flagged as important were disappearing.
  • The CIA denied this, then blamed the IT staffers, and finally claimed that this was ordered by the White House, who denied this, and ordered the CIA to cooperate, “The matter was resolved with a renewed commitment from the White House Counsel, and the CIA, that there would be no further unauthorized access to the committee’s network or removal of access to CIA documents already provided to the committee.
  • In 2010, the staff found a draft of the “Internal Panetta Review,” an internal review that Panetta commissioned by on torture that demolished the official CIA response to the (as yet unreleased) Senate report.  It specifically contradicted the official report in a number of ways, most notably:
    • The practices were far more brutal that officially revealed.
    • There was no meaningful intelligence derived from torture
  • Because of the importance of the document, it mirrored the Senate Committee conclusions, the staff printed it out for safe keeping, and placed it in the secure safe in the Senate Intelligence Committee Offices.  This was done in accordance with the document handling procedures agreed between the CIA and Intel Committee.
  • The CIA then disappeared the Panetta report from the Senate staffers computers.
  • The CIA has still refused to supply the Panetta Review to the Senate.
  • On January 15, 2014, “CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.”
    • Note that even if this does not qualify as obstructing a Congressional investigation (I think that it does), it is a violation of the law for the CIA to conduct surveillance in the US   If they needed to search the computers (assuming that Congressional immunity does not apply) they would have to go the the FBI. (Which they must have hated)
  • The CIA has refused to provide additional details on the scope of the search, which, “May also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • The CIA’s Inspector General looked at the searches done by the CIA, and concluded that they needed to be investigated criminally, and made a referral to the DoJ.
  • In response, the acting general counsel of the CIA made a criminal referral of the Senate staffers to the DOJ.

Here is the money quote:

I should note that for most, if not all, of the CIA’s Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA’s Counterterrorism Center—the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff—the same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.

(emphasis mine)

While Feinstein does not mention the counsel’s name, it is public knowledge that the CIA’s acting general counsel is Robert Eatinger, who among other things, Authorized the Destruction of the CIA Torture Tapes Against the Instructions of the Bush White House and the Director of National Intelligence.

The White House response is a a statement of, “Great Confidence,” in CIA director John Brennan.  So Obama wants to keep this guy.

As I have said before, the worst constitutional law professor ever.

I expect further stonewalling on the part of both the CIA and the Obama administration.

What should happen is that Eatinger should be placed on leave, and his security clearance should be suspended, but I imagine that he will continue to do damage to the Constitution of the United States, and then he will retire with a full pension.

*Full disclosure, my great grandfather, Harry Goldman, and her grandfather, Sam Goldman were brothers.

Full speech follows:

Statement on Intel Committee’s CIA Detention, Interrogation Report

Washington—Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) today spoke on the Senate floor regarding the committee’s study on the CIA Detention and Interrogation Program:

“Over the past week, there have been numerous press articles written about the Intelligence Committee’s oversight review of the Detention and Interrogation Program of the CIA, specifically press attention has focused on the CIA’s intrusion and search of the Senate Select Committee’s computers as well as the committee’s acquisition of a certain internal CIA document known as the Panetta Review.

I rise today to set the record straight and to provide a full accounting of the facts and history.

Let me say up front that I come to the Senate Floor reluctantly. Since January 15, 2014, when I was informed of the CIA’s search of this committee’s network, I have been trying to resolve this dispute in a discreet and respectful way. I have not commented in response to media requests for additional information on this matter. However, the increasing amount of inaccurate information circulating now cannot be allowed to stand unanswered.

The origin of this study: The CIA’s detention and interrogation program began operations in 2002, though it was not until September 2006, that Members of the Intelligence Committee, other than the Chairman and Vice Chairman, were briefed. In fact, we were briefed by then-CIA Director Hayden only hours before President Bush disclosed the program to the public.

A little more than a year later, on December 6, 2007, a New York Times article revealed the troubling fact that the CIA had destroyed videotapes of some of the CIA’s first interrogations using so-called “enhanced techniques.” We learned that this destruction was over the objections of President Bush’s White House Counsel and the Director of National Intelligence.

After we read about the tapes’ destruction in the newspapers, Director Hayden briefed the Senate Intelligence Committee. He assured us that this was not destruction of evidence, as detailed records of the interrogations existed on paper in the form of CIA operational cables describing the detention conditions and the day-to-day CIA interrogations.

The CIA director stated that these cables were “a more than adequate representation” of what would have been on the destroyed tapes. Director Hayden offered at that time, during Senator Jay Rockefeller’s chairmanship of the committee, to allow Members or staff to review these sensitive CIA operational cables given that the videotapes had been destroyed.

Chairman Rockefeller sent two of his committee staffers out to the CIA on nights and weekends to review thousands of these cables, which took many months. By the time the two staffers completed their review into the CIA’s early interrogations in early 2009, I had become chairman of the committee and President Obama had been sworn into office.

The resulting staff report was chilling. The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us. As result of the staff’s initial report, I proposed, and then-Vice Chairman Bond agreed, and the committee overwhelmingly approved, that the committee conduct an expansive and full review of CIA’s detention and interrogation program.

On March 5, 2009, the committee voted 14-1 to initiate a comprehensive review of the CIA Detention and Interrogation Program. Immediately, we sent a request for documents to all relevant executive branch agencies, chiefly among them the CIA.

The committee’s preference was for the CIA to turn over all responsive documents to the committee’s office, as had been done in previous committee investigations.

Director Panetta proposed an alternative arrangement: to provide literally millions of pages of operational cables, internal emails, memos, and other documents pursuant to the committee’s document requests at a secure location in Northern Virginia. We agreed, but insisted on several conditions and protections to ensure the integrity of this congressional investigation.

Per an exchange of letters in 2009, then-Vice Chairman Bond, then-Director Panetta, and I agreed in an exchange of letters that the CIA was to provide a “stand-alone computer system” with a “network drive” “segregated from CIA networks” for the committee that would only be accessed by information technology personnel at the CIA—who would “not be permitted to” “share information from the system with other [CIA] personnel, except as otherwise authorized by the committee.”

It was this computer network that, notwithstanding our agreement with Director Panetta, was searched by the CIA this past January, and once before which I will later describe.

In addition to demanding that the documents produced for the committee be reviewed at a CIA facility, the CIA also insisted on conducting a multi-layered review of every responsive document before providing the document to the committee. This was to ensure the CIA did not mistakenly provide documents unrelated to the CIA’s Detention and Interrogation Program or provide documents that the president could potentially claim to be covered by executive privilege.

While we viewed this as unnecessary and raised concerns that it would delay our investigation, the CIA hired a team of outside contractors—who otherwise would not have had access to these sensitive documents—to read, multiple times, each of the 6.2 million pages of documents produced, before providing them to fully-cleared committee staff conducting the committee’s oversight work. This proved to be a slow and very expensive process.

The CIA started making documents available electronically to the committee staff at the CIA leased facility in mid-2009. The number of pages ran quickly to the thousands, tens of thousands, the hundreds of thousands, and then into the millions. The documents that were provided came without any index, without organizational structure. It was a true “document dump” that our committee staff had to go through and make sense of.

In order to piece together the story of the CIA’s detention and interrogation program, the committee staff did two things that will be important as I go on:

First, they asked the CIA to provide an electronic search tool so they could locate specific relevant documents for their search among the CIA-produced documents—just like you would use a search tool on the Internet to locate information.

Second, when the staff found a document that was particularly important or that might be referenced in our final report, they would often print it or make a copy of the file on their computer so they could easily find it again. There are thousands of such documents in the committee’s secure spaces at the CIA facility.

Now, prior removal of documents by CIA. In early 2010, the CIA was continuing to provide documents, and the committee staff was gaining familiarity with the information it had already received.

In May of 2010, the committee staff noticed that [certain] documents that had been provided for the committee’s review were no longer accessible. Staff approached the CIA personnel at the offsite location, who initially denied that documents had been removed. CIA personnel then blamed information technology personnel, who were almost all contractors, for removing the documents themselves without direction or authority. And then the CIA stated that the removal of the documents was ordered by the White House. When the committee approached the White House, the White House denied giving the CIA any such order.

After a series of meetings, I learned that on two occasions, CIA personnel electronically removed committee access to CIA documents after providing them to the committee. This included roughly 870 documents or pages of documents that were removed in February 2010, and secondly roughly another 50 were removed in mid-May 2010.

This was done without the knowledge or approval of committee members or staff, and in violation of our written agreements. Further, this type of behavior would not have been possible had the CIA allowed the committee to conduct the review of documents here in the Senate. In short, this was the exact sort of CIA interference in our investigation that we sought to avoid at the outset.

I went up to the White House to raise this issue with the then-White House Counsel, in May 2010. He recognized the severity of the situation, and the grave implications of Executive Branch personnel interfering with an official congressional investigation. The matter was resolved with a renewed commitment from the White House Counsel, and the CIA, that there would be no further unauthorized access to the committee’s network or removal of access to CIA documents already provided to the committee.

On May 17, 2010, the CIA’s then-director of congressional affairs apologized on behalf of the CIA for removing the documents. And that, as far as I was concerned, put the incident aside.

This event was separate from the documents provided that were part of the “Internal Panetta Review,” which occurred later and which I will describe next.

At some point in 2010, committee staff searching the documents that had been made available found draft versions of what is now called the “Internal Panetta Review.”

We believe these documents were written by CIA personnel to summarize and analyze the materials that had been provided to the committee for its review. The Panetta review documents were no more highly classified than other information we had received for our investigation—in fact, the documents appeared to be based on the same information already provided to the committee.

What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing.

To be clear, the committee staff did not “hack” into CIA computers to obtain these documents as has been suggested in the press. The documents were identified using the search tool provided by the CIA to search the documents provided to the committee.

We have no way to determine who made the Internal Panetta Review documents available to the committee. Further, we don’t know whether the documents were provided intentionally by the CIA, unintentionally by the CIA, or intentionally by a whistle-blower.

In fact, we know that over the years—on multiple occasions—the staff have asked the CIA about documents made available for our investigation. At times, the CIA has simply been unaware that these specific documents were provided to the committee. And while this is alarming, it is also important to note that more than 6.2 million pages of documents have been provided. This is simply a massive amount of records.

As I described earlier, as part of its standard process for reviewing records, the committee staff printed copies of the Internal Panetta Review and made electronic copies of the committee’s computers at the facility.

The staff did not rely on these Internal Panetta Review documents when drafting the final 6,300-page committee study. But it was significant that the Internal Panetta Review had documented at least some of the very same troubling matters already uncovered by the committee staff – which is not surprising, in that they were looking at the same information.

There is a claim in the press and elsewhere that the markings on these documents should have caused the staff to stop reading them and turn them over to the CIA. I reject that claim completely.

As with many other documents provided to the committee at the CIA facility, some of the Internal Panetta Review documents—some—contained markings indicating that they were “deliberative” and/or “privileged.” This was not especially noteworthy to staff. In fact, CIA has provided thousands of internal documents, to include CIA legal guidance and talking points prepared for the CIA director, some of which were marked as being deliberative or privileged.

Moreover, the CIA has officially provided such documents to the committee here in the Senate. In fact, the CIA’s official June 27, 2013, response to the committee study, which Director Brennan delivered to me personally, is labeled “Deliberative Process Privileged Document.”

We have discussed this with the Senate Legal Counsel who has confirmed that Congress does not recognize these claims of privilege when it comes to documents provided to Congress for our oversight duties.

These were documents provided by the executive branch pursuant to an authorized congressional oversight investigation. So we believe we had every right to review and keep the documents.

There are also claims in the press that the Internal Panetta Review documents, having been created in 2009 and 2010, were outside the date range of the committee’s document request or the terms of the committee study. This too is inaccurate.

The committee’s document requests were not limited in time. In fact, as I have previously announced, the committee study includes significant information on the May 2011 Osama bin Laden operation, which obviously postdated the detention and interrogation program.

At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis.

Our work continued until December 2012, when the Intelligence Committee approved a 6,300-page committee study of the CIA’s Detention and Interrogation Program and sent the report to the executive branch for comment. The CIA provided its response to the study on June 27, 2013.

As CIA Director Brennan has stated, the CIA officially agrees with some of our study. But, as has been reported, the CIA disagrees and disputes important parts of it. And this is important: Some of these important parts that the CIA now disputes in our committee study are clearly acknowledged in the CIA’s own Internal Panetta Review.

To say the least, this is puzzling. How can the CIA’s official response to our study stand factually in conflict with its own Internal Review?

Now, after noting the disparity between the official CIA response to the committee study and the Internal Panetta Review, the committee staff securely transported a printed portion of the draft Internal Panetta Review from the committee’s secure room at the CIA-leased facility to the secure committee spaces in the Hart Senate Office Building.

And let me be clear about this: I mentioned earlier the exchange of letters that Senator Bond and I had with Director Panetta in 2009 over the handling of information for this review. The letters set out a process whereby the committee would provide specific CIA documents to CIA reviewers before bringing them back to our secure offices here on Capitol Hill.

The CIA review was designed specifically to make sure that committee documents available to all staff and members did not include certain kinds of information, most importantly the true names of non-supervisory CIA personnel and the names of specific countries in which the CIA operated detention sites.

We had agreed up front that our report didn’t need to include this information, and so we agreed to redact it from materials leaving the CIA’s facility.

Keeping with the spirit of the agreements, the portion of the Internal Panetta Review at the Hart Building in our safe has been redacted. It does not contain names of non-supervisory CIA personnel or information identifying detention site locations. In other words, our staff did just what the CIA personnel would have done had they reviewed the document.

There are several reasons why the draft summary of the Panetta Review was brought to our secure spaces at the Hart Building.

Let me list them:

The significance of the Internal Review given disparities between it and the June 2013 CIA response to the committee study. The Internal Panetta Review summary now at the secure committee office in the Hart Building is an especially significant document as it corroborates critical information in the committee’s 6,300-page Study that the CIA’s official response either objects to, denies, minimizes, or ignores.

Unlike the official response, these Panetta Review documents were in agreement with the committee’s findings. That’s what makes them so significant and important to protect.

When the Internal Panetta Review documents disappeared from the committee’s computer system, this suggested once again that the CIA had removed documents already provided to the committee, in violation of CIA agreements and White House assurances that the CIA would cease such activities.

As I have detailed, the CIA has previously withheld and destroyed information about its Detention and Interrogation Program, including its decision in 2005 to destroy interrogation videotapes over the objections of the Bush White House and the Director of National Intelligence. Based on the information described above, there was a need to preserve and protect the Internal Panetta Review in the committee’s own secure spaces.

Now, the Relocation of the Internal Panetta Review was lawful and handled in a manner consistent with its classification. No law prevents the relocation of a document in the committee’s possession from a CIA facility to secure committee offices on Capitol Hill. As I mentioned before, the document was handled and transported in a manner consistent with its classification, redacted appropriately, and it remains secured—with restricted access—in committee spaces.

In late 2013, I requested in writing that the CIA provide a final and complete version of the Internal Panetta Review to the committee, as opposed to the partial document the committee currently possesses.

In December, during an open committee hearing, Senator Mark Udall echoed this request. In early January 2014, the CIA informed the committee it would not provide the Internal Panetta Review to the committee, citing the deliberative nature of the document.

Shortly thereafter, on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications.

According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it.

Instead, the CIA just went and searched the committee’s computers. The CIA has still not asked the committee any questions about how the committee acquired the Panetta Review. In place of asking any questions, the CIA’s unauthorized search of the committee computers was followed by an allegation—which we have now seen repeated anonymously in the press—that the committee staff had somehow obtained the document through unauthorized or criminal means, perhaps to include hacking into the CIA’s computer network.

As I have described, this is not true. The document was made available to the staff at the offsite facility, and it was located using a CIA-provided search tool running a query of the information provided to the committee pursuant to its investigation.

Director Brennan stated that the CIA’s search had determined that the committee staff had copies of the Internal Panetta Review on the committee’s “staff shared drive” and had accessed them numerous times. He indicated at the meeting that he was going to order further “forensic” investigation of the committee network to learn more about activities of the committee’s oversight staff.

Two days after the meeting, on January 17, I wrote a letter to Director Brennan objecting to any further CIA investigation due to the separation of powers constitutional issues that the search raised. I followed this with a second letter on January 23 to the director, asking 12 specific questions about the CIA’s actions—questions that the CIA has refused to answer.

Some of the questions in my letter related to the full scope of the CIA’s search of our computer network. Other questions related to who had authorized and conducted the search, and what legal basis the CIA claimed gave it authority to conduct the search. Again, the CIA has not provided answers to any of my questions.

My letter also laid out my concern about the legal and constitutional implications of the CIA’s actions. Based on what Director Brennan has informed us, I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function.

I have asked for an apology and a recognition that this CIA search of computers used by its oversight committee was inappropriate. I have received neither.

Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.

Days after the meeting with Director Brennan, the CIA inspector general, David Buckley, learned of the CIA search and began an investigation into CIA’s activities. I have been informed that Mr. Buckley has referred the matter to the Department of Justice given the possibility of a criminal violation by CIA personnel.

Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.

Weeks later, I was also told that after the inspector general referred the CIA’s activities to the Department of Justice, the acting general counsel of the CIA filed a crimes report with the Department of Justice concerning the committee staff’s actions. I have not been provided the specifics of these allegations or been told whether the department has initiated a criminal investigation based on the allegations of the CIA’s acting general counsel.

As I mentioned before, our staff involved in this matter have the appropriate clearances, handled this sensitive material according to established procedures and practice to protect classified information, and were provided access to the Panetta Review by the CIA itself. As a result, there is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral as a potential effort to intimidate this staff—and I am not taking it lightly.

I should note that for most, if not all, of the CIA’s Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA’s Counterterrorism Center—the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the detention and interrogation program in January 2009, he was the unit’s chief lawyer. He is mentioned by name more than 1,600 times in our study.

And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff—the same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.

Mr. President, let me say this. All Senators rely on their staff to be their eyes and ears and to carry out our duties. The staff members of the Intelligence Committee are dedicated professionals who are motivated to do what is best for our nation.

The staff members who have been working on this study and this report have devoted years of their lives to it—wading through the horrible details of a CIA program that never, never, never should have existed. They have worked long hours and produced a report unprecedented in its comprehensive attention to detail in the history of the Senate.

They are now being threatened with legal jeopardy, just as the final revisions to the report are being made so that parts of it can be declassified and released to the American people.

Mr. President, I felt that I needed to come to the floor today, to correct the public record and to give the American people the facts about what the dedicated committee staff have been working so hard for the last several years as part of the committee’s investigation.

I also want to reiterate to my colleagues my desire to have all updates to the committee report completed this month and approved for declassification. We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people. The White House has indicated publicly and to me personally that it supports declassification and release.

If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.

But Mr. President, the recent actions that I have just laid out make this a defining moment for the oversight of our Intelligence Community. How Congress responds and how this is resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee.

I believe it is critical that the committee and the Senate reaffirm our oversight role and our independence under the Constitution of the United States.”

This Would Not Have Happened Without Snowden Leaks

The FISA Court just rejected the NSA’s request to hold onto to phone metadata forever:

A federal surveillance court has rejected the Obama administration’s bid to hold onto millions of phone records beyond the current five-year limit.

The ruling is a rare rebuke for the government from the secretive Foreign Intelligence Surveillance Court. The court has rejected less than 1 percent of government spying requests over the past 30 years.

But Judge Reggie Walton said he found the Justice Department’s argument for extending the retention of phone records “simply unpersuasive.”

Government lawyers had argued that they needed to retain the data as evidence for the slew of privacy lawsuits filed in the wake of Edward Snowden’s leaks about National Security Agency surveillance. The American Civil Liberties Union, the Electronic Frontier Foundation, and other groups are suing to shut the program down, claiming it violates the constitutional rights of millions of Americans.

………

But the federal judge noted that none of the privacy groups have tried to force the NSA to hold onto the data for their lawsuits. He wrote that the groups are seeking “the destruction of the [telephone] metadata, not its retention.”

Walton concluded that there is no legal requirement for the NSA to retain the data, and that any motivation for retaining the records is outweighed by the privacy harm.

Without Snowden, there would never have been the lawsuits, and even if there had been the suits, without the focus on the rubber stamp nature of the FISA court, the request would simply have been quietly granted.

Thank you Edward Joseph Snowden.

Turns out that Snowden Did Take it to His Superiors

Yet another lie about Edward Snowden is disproved:

Edward J. Snowden, the former National Security Agency contractor who leaked a trove of documents revealing the agency’s surveillance operations, said he raised his concerns to more than 10 officials, “none of whom took any action to address them,” before he decided to give the documents to journalists.

Mr. Snowden’s comments, in written answers to questions by members of the European Parliament that were released on Friday, amplified previous assertions that he initially tried to raise concerns internally about surveillance collection he believed went too far.

An N.S.A. spokeswoman declined to comment, but the agency has previously said its internal investigation, including interviews with co-workers, found no evidence that he had brought concerns to the attention of anyone.

But in his written testimony, Mr. Snowden insisted that he had, adding that his efforts had elicited two types of responses. Some people, he said, responded with “well-meaning but hushed warnings not to ‘rock the boat’ ” for fear of retaliation like being investigated by the F.B.I. as a suspected leaker.

“Everyone in the intelligence community is aware of what happens to people who report concerns about unlawful but authorized operations,” he wrote.

Other people, he said, told him to “let the issue be someone else’s problem.”

“Even among the most senior individuals to whom I reported my concerns,” he continued, “no one at N.S.A. could ever recall an instance where an official complaint had resulted in an unlawful program being ended, but there was a unanimous desire to avoid being associated with such a complaint in any form.”

Yes, “No evidence,” from the folks have been caught lying time and time again by Snowden’s revelations.

And the Snoden’s testimony about how an official complaint has never resulted in reforms rings quite true.

The entire history of the US government state security apparatus has been one of excess reigned in from outside sources.

That’s Mighty White of You

After much consideration, the CIA has admitted that it is supposed to follow the law:

The CIA has confirmed that it is obliged to follow a federal law barring the collection of financial information and hacking into government data networks.

But neither the agency nor its Senate overseers will say what, if any, current, recent or desired activities the law prohibits the CIA from performing – particularly since a section of the law explicitly carves out an exception for “lawfully authorized” intelligence activities.

The murky episode, arising from a public Senate hearing on intelligence last week, illustrates what observers call the frustrations inherent in getting even basic information about secret agencies into public view, a difficulty recently to the fore over whistleblower Edward Snowden’s revelations about the National Security Agency (NSA) and its surveillance partners.

Last Wednesday, in a brief exchange at the hearing, Senator Ron Wyden, an Oregon Democrat, asked CIA director John Brennan if the agency is subject to the Computer Fraud and Abuse Act, a three-decade-old law intended to protect computer systems, like those of financial and government networks, from unauthorized access.

Brennan demurred, citing the need to check on the legal complexities posed by Wyden’s question, and pledged to give the senator an answer within a week.

The answer, agency spokesman Dean Boyd told the Guardian, is: “Yes, the statute applies to CIA.”

That was about a month ago.

Well, today, we discovered what this was all about.

It turns out that the CIA was spying on the Congressional investigation of ……… wait for it ……… the CIA:

The CIA Inspector General’s Office has asked the Justice Department to investigate allegations of malfeasance at the spy agency in connection with a yet-to-be released Senate Intelligence Committee report into the CIA’s secret detention and interrogation program, McClatchy has learned.

The criminal referral may be related to what several knowledgeable people said was CIA monitoring of computers used by Senate aides to prepare the study. The monitoring may have violated an agreement between the committee and the agency.

The development marks an unprecedented breakdown in relations between the CIA and its congressional overseers amid an extraordinary closed-door battle over the 6,300-page report on the agency’s use of waterboarding and harsh interrogation techniques on suspected terrorists held in secret overseas prisons. The report is said to be a searing indictment of the program. The CIA has disputed some of the reports findings.

………

The committee determined earlier this year that the CIA monitored computers – in possible violation of an agreement against doing so – that the agency had provided to intelligence committee staff in a secure room at CIA headquarters that the agency insisted they use to review millions of pages of top-secret reports, cables and other documents, according to people with knowledge.

Sen. Ron Wyden, D-Oregon, a panel member, apparently was referring to the monitoring when he asked CIA Director John Brennan at a Jan. 29 hearing if provisions of the Federal Computer Fraud and Abuse Act “apply to the CIA? Seems to me that’s a yes or no answer.”

Brennan replied that he’d have to get back to Wyden after looking into “what the act actually calls for and it’s applicability to CIA’s authorities.”

The law makes it a criminal act for someone to intentionally access a computer without authorization or to go beyond what they’re allowed to access.

You know, even if they did not violate the Computer Fraud and Abuse Act, this was a conspiracy to obstruct a Congressional investigation, so go directly to jail, do not pass go, do not collect $200.

What’s more, it appears that Barack Obama knew of, and thus at least tacitly approved the CIA spying on Congress:

A leading US senator has said that President Obama knew of an “unprecedented action” taken by the CIA against the Senate intelligence committee, which has apparently prompted an inspector general’s inquiry at Langley.

………

Udall, a Colorado Democrat and one of the CIA’s leading pursuers on the committee, appeared to reference that surreptitious spying on Congress, which Udall said undermined democratic principles.

As you are aware, the CIA has recently taken unprecedented action against the committee in relation to the internal CIA review and I find these actions to be incredibly troubling for the Committee’s oversight powers and for our democracy,” Udall wrote to Obama on Tuesday.

Independent observers were unaware of a precedent for the CIA spying on the congressional committees established in the 1970s to check abuses by the intelligence agencies.

“In the worst case, it would be a subversion of independent oversight, and a violation of separation of powers,” said Steven Aftergood, an intelligence analyst at the Federation of American Scientists. “It’s potentially very serious.”

(emphasis mine)

Not even Richard Nixon had the stones to use government agencies spy on the Congressional committees that were investigate him.

Worst Constitutional Law Professor ever.

Why the NSA is a Bigger Danger to Our Way of Life than is Al-Qaeda

We already have a part of our state security apparatus with a history of blackmail for their own benefit, specifically Hoover’s FBI, and now we discover that the NSA has collaborated with their British counterparts to intercept webcam pictures from millions of people:

Britain’s surveillance agency GCHQ, with aid from the US National Security Agency, intercepted and stored the webcam images of millions of internet users not suspected of wrongdoing, secret documents reveal.

GCHQ files dating between 2008 and 2010 explicitly state that a surveillance program codenamed Optic Nerve collected still images of Yahoo webcam chats in bulk and saved them to agency databases, regardless of whether individual users were an intelligence target or not.

In one six-month period in 2008 alone, the agency collected webcam imagery – including substantial quantities of sexually explicit communications – from more than 1.8 million Yahoo user accounts globally.

Yahoo reacted furiously to the webcam interception when approached by the Guardian. The company denied any prior knowledge of the program, accusing the agencies of “a whole new level of violation of our users’ privacy”.

If you don’t think this sort of stuff cannot be used against you, what happens if they decide that they to shut you up, and your little is stupid enough to sext their boy friend.

Something like 10% of the millions of documents are images of body parts that could get an FCC sanction.

And you wonder why former counter-terrorism Czar Richard Clarke is worrying that NSA actions might presage the establishment of a police state:

Revelations about NSA monitoring activities over the last year show the potential for a police state mechanism, according to the former U.S. cybersecurity czar, but there is still time to avoid the dire consequences.

At the 2014 Cloud Security Alliance Summit, unofficial RSA Conference opener Richard Clarke, chairman of Washington, D.C.-based Good Harbor Consulting LLC, spoke to a packed audience. The former cybersecurity advisor to President Barack Obama discussed his involvement in the December 2013 report reviewing the data collection and monitoring capabilities at the National Security Agency, Central Intelligence Agency and the Federal Bureau of Investigation.

Clarke said that the reaction to leaks by former NSA contractor Edward Snowden has perhaps been overblown, because he described the employees at the three-letter agencies as “incredibly intelligent people” who are focused on combating terrorism and punishing violations of human rights. As part of the review process, Clarke and his group were given what he called carte blanche security clearances to review all of the agencies’ intelligence-gathering capabilities.

Those employees are not currently listening to random phone calls and reading email, Clarke said, but that doesn’t mean U.S. citizens should ignore the agencies’ growing capabilities.

“In terms of collecting intelligence, they are very good. Far better than you could imagine,” Clarke said. “But they have created, with the growth of technologies, the potential for a police state.”

Clarke said such concerns are hardly new, pointing to the government committee headed by Sen. Frank Church in the 1970s. Church warned at the time that the technologies at intelligence agencies were developing at such an alarming rate that, if they were all turned on, the U.S. would never be able to turn them off, effectively creating a permanent police state in which the entire popular would be under constant surveillance.

Though such warnings seem dire, Clarke noted that the seemingly endless scope of current government surveillance activities stemmed largely from a lack of strict guidance from policy makers. He said a major aspect of the report to the White House was simply prompting the questions that were previously unasked: What are our intelligence agencies collecting? What should they be collecting? If we should be collecting data, how do we safeguard it? If we’re collecting data, how do we stay consistent with U.S. traditions of privacy and government oversight?

This is also why security expert Bruce Schneier is suggesting that the National Security Agency be broken up:

The NSA has become too big and too powerful. What was supposed to be a single agency with a dual mission — protecting the security of U.S. communications and eavesdropping on the communications of our enemies — has become unbalanced in the post-Cold War, all-terrorism-all-the-time era.

Putting the U.S. Cyber Command, the military’s cyberwar wing, in the same location and under the same commander, expanded the NSA’s power. The result is an agency that prioritizes intelligence gathering over security, and that’s increasingly putting us all at risk. It’s time we thought about breaking up the National Security Agency.

Broadly speaking, three types of NSA surveillance programs were exposed by the documents released by Edward Snowden. And while the media tends to lump them together, understanding their differences is critical to understanding how to divide up the NSA’s missions.

The organization is out of control, and its actions do not properly serve our security needs, and it increasingly sees its mission as simply expanding its reach and power.

From the Department of Double Standards………

I’m shocked, shocked to find that gambling is going on here!

The big news in diplomacy recently is the leaking of a conversation between Victoria Nuland,the Assistant Secretary of State for European and Eurasian Affairs and Geoff Pyatt, the Ambassador to the Ukraine, regarding the recent political upheavals in that former Soviet republic.

Diplomatic heads have been exploding over Neuland telling Pyatt, “F%$# the EU.

America’s new top diplomat for Europe seems to have been caught being decidedly undiplomatic about her EU allies in a phone call apparently intercepted and leaked by Russia.

“F%$# the EU,” Victoria Nuland apparently says in a recent phone call with the US ambassador to Kiev, Geoff Pyatt, as they discuss the next moves to try to resolve the crisis in Ukraine amid weeks of pro-democracy protests which have rocked the country. The call appears to have been intercepted and released on YouTube, accompanied by Russian captions of the private and candid conversation.

Although the US state department did not immediately respond to a request for comment, White House spokesman Jay Carney alleged that because it had been “tweeted out by the Russian government, it says something about Russia’s role”.

………

State Department spokeswoman Jen Psaki said Nuland “has been in contact with her EU counterparts and of course has apologized for these reported comments”.

She said that if the Russians were responsible for listening to, recording and posting a private diplomatic telephone conversation, it would be “a new low in Russian tradecraft.”

Well, first, I would argue that if a diplomat decides conduct a conversation over unsecured cell phones, they pretty much had it coming, and second, given the very recent history of the NSA targeting the sex lives of domestic political opponents of the Bush administration.

If intercepting an unencrypted call between two people discussing how to intervene in political instability on a nation state bordering your own is “a new low in Russian tradecraft,” then there are simply no words to describe what the NSA has been doing against domestic critics of our government.

Neither the EU’s outrage over the comments about the EU, which is a participant in the conflict, and therefore cannot be a good faith interlocutor on this issue, nor the US’s crocodile tears over being spied upon are justified.

They are simply exercises in self serving hypocrisy.

Federal Civil Rights Board Condemns NSA Snooping Program

The Privacy and Civil Liberties Oversight Board just issued a report on the NSA’s metadata driftnet.
They have concluded that it is both ineffective and illegal:

An independent federal privacy watchdog has concluded that the National Security Agency’s program to collect bulk phone call records has provided only “minimal” benefits in counterterrorism efforts, is illegal and should be shut down.
The findings are laid out in a 238-page report, scheduled for release by Thursday and obtained by The New York Times, that represent the first major public statement by the Privacy and Civil Liberties Oversight Board, which Congress made an independent agency in 2007 and only recently became fully operational.
………
The program “lacks a viable legal foundation under Section 215, implicates constitutional concerns under the First and Fourth Amendments, raises serious threats to privacy and civil liberties as a policy matter, and has shown only limited value,” the report said. “As a result, the board recommends that the government end the program.”
………
But the privacy board’s report criticized that, saying that the legal theory was a “subversion” of the law’s intent, and that the program also violated the Electronic Communications Privacy Act.
“It may have been a laudable goal for the executive branch to bring this program under the supervision” of the court, the report says. “Ultimately, however, that effort represents an unsustainable attempt to shoehorn a pre-existing surveillance program into the text of a statute with which it is not compatible.”

The ruling was not unanimous, the two members, both alumni of the ferociously corrupt and incompetent Bush DoJ, Rachel L. Brand and Elisebeth Collins Cook, both thought that everything was all hunky dory, with Ms Cook letting loose this bit of completely moronic insanity:

Still, in her dissent, Ms. Cook criticized judging the program’s worth based only on whether it had stopped an attack to date. It also has value as a tool that can allow investigators to “triage” threats and provide “peace of mind” if it uncovers no domestic links to a newly discovered terrorism suspect, she wrote.

Translation: Just because spying on the whole country hasn’t yet worked, doesn’t mean that at some point there might be a chance of it doing something good.
To paraphrase Jimi, excuse me while my head explodes.
Meanwhile, Ars Technica goes a bit further down into the weeds, and covers some important minutae:

The Thursday PCLOB report only addresses critiques of the Section 215 program, but it notes that a future report will address problems found in Section 702 of the Foreign Intelligence Surveillance Act Amendments Act (FISA AA). Meanwhile, the report describes the rules for targeting non-Americans outside the United States. The government argues that PRISM and related spying programs targeting non-Americans outside the United States are authorized under Section 702.
………
The report goes into great detail explaining both the mechanics of the bulk metadata collection program and how it began. It also emphasizes that under the Section 215 program, the NSA does not collect cell-site location information (CSLI), which can be used to provide geographic information about a call.
However, the report ominously notes:

In the past, the NSA has collected a limited amount of cell site location information to test the feasibility of incorporating such information into its Section 215 program, but that information has not been used for intelligence analysis, and the government has stated that the agency does not now collect it under this program.


The PCLOB concluded, as Ars has previously, that by allowing analysis of up to “three hops,” this could potentially encompass around half the population of the United States:

If the NSA queries around 300 seed numbers a year, as it did in 2012, then based on the estimates provided earlier about the number of records produced in response to a single query, the corporate store would contain records involving over 120 million telephone numbers.

The PCLOB also notes that there is a significant difference between using phone calling data to follow up on a reasonable suspicion, and collecting information on every phone call made in the country.

Still, I don’t expect anything but minor cosmetic changes.

Full report after the break:

Stewart 1, Obama 0

Stewarts notes that Obama has deliberately created a regime in which the rules are completely dependent on the goodwill of the authorities, something which our founders abhorred.

Obama makes an exception for “true emergencies,” and Stewart observes that, “We will totally follow the rules until we determine such time when we will no longer follow the rules, but don’t worry about it. You won’t hear about it, because we’re doing it in secret.”

Once again, with a smile on his face, Stewart reveals the hypocrisy of power.

Contemptible McCarthyite Behavior

It appears that that the heads of the House and Senate Intelligence Committees, Mike Rogers (R) and Dianne Feinstein(D),* have decided to imply that Edward Snowden was a Russian agent for a long time before he became a whistle blower:

The heads of the House and Senate Intelligence Committees suggested on Sunday that Edward J. Snowden, the former National Security Agency contractor, might have been working for Russian spy services while he was employed at an agency facility in Hawaii last year and before he disclosed hundreds of thousands of classified government documents.

The lawmakers, Representative Mike Rogers, Republican of Michigan, and Senator Dianne Feinstein, Democrat of California, offered no specific evidence that Mr. Snowden had cooperated with Moscow. Since Mr. Snowden’s disclosure first became public last spring, there has been much speculation that he was collaborating with a foreign spy service.

Nearly a year later, however, there has been no public indication that the F.B.I.’s investigation of Mr. Snowden’s actions, bolstered by separate “damage assessment” investigations at the N.S.A. and the Pentagon, has uncovered evidence that Mr. Snowden received help from a foreign intelligence service. A senior F.B.I. official said on Sunday that it was still the bureau’s conclusion that Mr. Snowden acted alone.

This is disgraceful, callous, and cowardly behavior, and it harkens back to the worst of Joe McCarthy.

Shame on Mike Rogers, and shame on Dianne Feinstein.

*Full disclosure, her grandfather, Sam Goldman, and my great-grandfather, Harry Goldman, were brothers.

Obama Presents Cosmetic Reforms to the US State Security Apparatus

First, it must be noted that Obama’s definition of spying is the same as the one used by DNI James Clapper as an alibi for perjury, that you can collect everything, and it is not spying unless you actually call it up for a specific purpose, even if we have found that NSA employees tracking ex-giflfriends with that “not spying” data that they collected:

President Obama said Friday, in his first major speech on electronic surveillance, that “the United States is not spying on ordinary people who don’t threaten our national security.”

Obama placed restrictions on access to domestic phone records collected by the National Security Agency, but the changes he announced will allow it to continue — or expand — the collection of personal data from billions of people around the world, Americans and foreign citizens alike.

Obama squares that circle with an unusually narrow definition of “spying.” It does not include the ingestion of tens of trillions of records about the telephone calls, e-mails, locations and relationships of people for whom there is no suspicion of relevance to any threat.

In his speech, and an accompanying policy directive, Obama described principles for “restricting the use of this information” — but not for gathering less of it.

Alongside the invocation of privacy and restraint, Obama gave his plainest endorsement yet of “bulk collection,” a term he used more than once and authorized explicitly in Presidential Policy Directive 28. In a footnote, the directive defined the term to mean high-volume collection “without the use of discriminants.”

That is perhaps the central feature of “the golden age of signals intelligence,” which the NSA celebrates in top-secret documents leaked by former contractor Edward Snowden. Obama for the first time put his own imprimatur on a collection philosophy that one of those documents summarized this way: “Order one of everything from the menu.”

………

“It’s noteworthy that the president addressed only the bulk collection of call records, but not any of the other bulk collection programs revealed by the media,” said Alexander Abdo, an attorney with the ACLU’s national security project. “That is a glaring omission. The president needs to embrace structural reforms that will protect us from all forms of bulk collection and that will make future overreach less likely.”

Other bulk collection programs, like the NSA hoovering over 200 million text messages a day.

You could tell that this was entirely damage control, and an attempt to avoid any meaningful reform because of is bizarre and ahistorical invocation of silversmith and revolutionary Paul Revere:

In a speech that tried hard to defend the actions of the U.S. intelligence community while simultaneously admitting that some of those actions were unnecessary and egregious, President Obama on 17 January 2014 announced modest reforms of NSA spying practices that have been revealed by former contractor Edward Snowden.

President Obama began by comparing the National Security Agency to the Sons of Liberty, an American revolutionary group famous for the 1773 Boston Tea Party, and one of whose members, Paul Revere, famously warned of incoming British troops. Ironically, Revere’s legendary midnight ride would have most likely been stopped by the British if they had the NSA’s metadata collection capabilities. Even more ironically, the American Revolution was kicked off in part by overly broad general warrants that gave British troops nearly unlimited power to search for contraband. It’s all about intelligence.

I would also suggest that you read Marcy Wheeler’s list of secret police style techniques that Obama thinks is OK, because he has claimed that there have been no abuses:

  • The spying on the personal lives of political opponents who have nothing to do with terrorism.
  • Spying on Antiwar activists. 
  • Continued activities forbidden by the FISA Court 
  • Never developed minimization procedures as required by law
  • Etc. (Read the whole thing at the link)

It’s no wonder that Glen Greenwald has dismissed this as a PR gesture.

Obama stressed the importance of restoring trust in our state security apparatus, and this does very little to inspire trust.

The definitive word comes from public interest Telco Maven Harold Feld, “First step of oversight that regains my trust. Actually enforce the law.”

This does not do that, and it is clear that the “Worst Constitutional Law Professor ever” has no interest in ever doing so.

White House Chooses George W. Bush Level of Stupidity

According to reliable sources, Obama and senior White House staff believe that the NSA’s personal data driftnet would have saved us from the 911 terror attacks:

Many of President Obama’s closest advisors have embraced a controversial assessment of one of the National Security Agency’s major data collection programs — the belief that the Sept. 11, 2001, terrorist attacks could have been prevented had government then possessed the sort of vast trove of Americans’ telephone records it holds now.

Critics of the NSA program, and some scholars of America’s deadliest terrorist attack, strenuously dispute the view that the collection of phone data would necessarily have made a difference or that the possibility justifies the program now. The presidential task force that reviewed surveillance operations concluded last month that the program “was not essential” to preventing terrorist attacks.

But as the president finalizes plans for a speech on Friday announcing his proposals to change intelligence operations and oversight, the widespread agreement at the most senior levels of the White House about the program’s value appears to be driving policy. As a result, the administration seems likely to modify, but not stop, the gathering of billions of phone call logs.

In recent White House meetings, Obama has accepted the “9/11” justification, aides say, expressing the belief that domestic phone records might have helped authorities identify some of the skyjackers who later crashed passenger jets in New York, the Washington area and Pennsylvania, killing nearly 3,000 people.

He is a F%$#ing moron, and his assessment of the program has him doubling down on stupidity:

He believes the main problem with the program is one of perception: Many Americans don’t trust the NSA, one of the most secretive of spy agencies, to respect civil liberties.

Americans do not trust the NSA to respect civil liberties because they don’t, and have never respected civil liberties.

I’m not sure why, but Obama seems to be dedicated to making sure that the inmates, intel in this case, the banksters in finance, run the asylum.

The US state security apparatus is a tool of US policy, when you allow them to self regulate, the same thing that happens to our civil liberties and due process that happens to our economy when allow the banksters to self regulative.

Can you say, “Gone Native?”

Burglars Who Took On F.B.I. Abandon Shadows – NYTimes.com


Now We Know Who These Heroes Are

On March 8, 1971, in Media, PA, a group of anonymous brave dissidents stole records from a local FBI office, revealing J. Edgar Hoover’s COINTELPRO program, of domestic spying and sabotage, and they mailed to various media sources.

Well, they are no longer anonymous:

The perfect crime is far easier to pull off when nobody is watching.

So on a night nearly 43 years ago, while Muhammad Ali and Joe Frazier bludgeoned each other over 15 rounds in a televised title bout viewed by millions around the world, burglars took a lock pick and a crowbar and broke into a Federal Bureau of Investigation office in a suburb of Philadelphia, making off with nearly every document inside.

They were never caught, and the stolen documents that they mailed anonymously to newspaper reporters were the first trickle of what would become a flood of revelations about extensive spying and dirty-tricks operations by the F.B.I. against dissident groups.

The burglary in Media, Pa., on March 8, 1971, is a historical echo today, as disclosures by the former National Security Agency contractor Edward J. Snowden have cast another unflattering light on government spying and opened a national debate about the proper limits of government surveillance. The burglars had, until now, maintained a vow of silence about their roles in the operation. They were content in knowing that their actions had dealt the first significant blow to an institution that had amassed enormous power and prestige during J. Edgar Hoover’s lengthy tenure as director.

“When you talked to people outside the movement about what the F.B.I. was doing, nobody wanted to believe it,” said one of the burglars, Keith Forsyth, who is finally going public about his involvement. “There was only one way to convince people that it was true, and that was to get it in their handwriting.”

Mr. Forsyth, now 63, and other members of the group can no longer be prosecuted for what happened that night, and they agreed to be interviewed before the release this week of a book written by one of the first journalists to receive the stolen documents. The author, Betty Medsger, a former reporter for The Washington Post, spent years sifting through the F.B.I.’s voluminous case file on the episode and persuaded five of the eight men and women who participated in the break-in to end their silence.

Unlike Mr. Snowden, who downloaded hundreds of thousands of digital N.S.A. files onto computer hard drives, the Media burglars did their work the 20th-century way: they cased the F.B.I. office for months, wore gloves as they packed the papers into suitcases, and loaded the suitcases into getaway cars. When the operation was over, they dispersed. Some remained committed to antiwar causes, while others, like John and Bonnie Raines, decided that the risky burglary would be their final act of protest against the Vietnam War and other government actions before they moved on with their lives.

These people are patriots and heroes, and the end

The passage of years has worn some of the edges off the once radical political views of John and Bonnie Raines. But they said they felt a kinship toward Mr. Snowden, whose revelations about N.S.A. spying they see as a bookend to their own disclosures so long ago.

They know some people will criticize them for having taken part in something that, if they had been caught and convicted, might have separated them from their children for years. But they insist they would never have joined the team of burglars had they not been convinced they would get away with it.

“It looks like we’re terribly reckless people,” Mr. Raines said. “But there was absolutely no one in Washington — senators, congressmen, even the president — who dared hold J. Edgar Hoover to accountability.”

“It became pretty obvious to us,” he said, “that if we don’t do it, nobody will.”

Law breaking and abuse of power, revealed by patriots.

J. Edgar Hoover was a deeply evil man who had no respect at all for civil rights and due process, and he had managed to blackmail his way into an unassailable center of power, and they helped stop him.

The distribution of these documents to the press, may not have been the end of abuses by the US state security apparatus, nor even the beginning of the end of abuses by the US state security apparatus, but at the very least it was the end of the beginning, to paraphrase Winston Churchill.

I would also note that in 1971 the press was not so cowed by the government that they would sit on the story, as the New York Times did in 2004.

People like this, and I am including Edward Snowden in this, are essential for the protection of democracy and civil rights.