Category: Secrecy

Live By the Self Aggrandizing Leak, Die by the Self Aggrandizing Leak

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It looks like the Obama is finally going after a leaker who isn’t a whistle blower, David Petraeus:

The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.

The Justice Department investigation stems from an affair Mr. Petraeus had with Paula Broadwell, an Army Reserve officer who was writing his biography, and focuses on whether he gave her access to his C.I.A. email account and other highly classified information.

F.B.I. agents discovered classified documents on her computer after Mr. Petraeus resigned from the C.I.A. in 2012 when the affair became public.

………

But investigators concluded that, whether or not the disclosure harmed national security, it amounted to a significant security breach in the office of one of the nation’s most trusted intelligence leaders. They recommended that Mr. Petraeus face charges, saying lower-ranking officials had been prosecuted for far less.

Of course, his indiscretions with Ms. Broadwell, are only a part of the unauthorized releases that he blithely made:

………

Panetta revealed the name of the Navy SEAL unit ground commander who carried out the Osama bin Laden raid. He did so at a 2011 awards ceremony attended by the filmmaker of “Zero Dark Thirty,” a Hollywood movie that glorified the bin Laden operation and torture, and was widely criticized as agitprop the government helped make. Panetta also disclosed “secret” and “top secret” classified information on the same occasion. Petraeus gave his lover and biographer, Paula Broadwell, access to his CIA email account and other highly classified information, some of which was found on her computer.

Of course, it is all up to Eric “Place” Holder to whether to pull the trigger on the prosecution, and given HIS record on prosecuting the rich and powerful, I’m not holding my breath.

Merry Christmas from the NSA

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You know how people drop bad news on Friday evenings in Government?

Well, the NSA just dropped some sh%$ so heavy that they waited until Christmas Eve:

The National Security Agency on Christmas Eve day released twelve years of internal oversight reports documenting abusive and improper practices by agency employees. The heavily redacted reports to the President’s Intelligence Oversight Board found that NSA employees repeatedly engaged in unauthorized surveillance of communications by American citizens, failed to follow legal guidelines regarding the retention of private information, and shared data with unauthorized recipients.

While the NSA has come under public pressure for openness since high-profile revelations by whistleblower Edward Snowden, the release of the heavily redacted internal reports at 1:30PM on Christmas Eve demonstrates limits to the agency’s attempts to demonstrate transparency. Releasing bad news right before a holiday weekend, often called a “Christmas Eve surprise,” is a common tactic for trying to minimize press coverage.

The reports, released in response to a Freedom of Information Act request submitted by the American Civil Liberties Union, offer few revelations, but contain accounts of internal behavior embarrassing to the agency. In one instance an NSA employee “searched her spouse’s personal telephone directory without his knowledge to obtain names and telephone numbers for targeting”, a practice which previous reports have indicated was common enough to warrant the name “LOVEINT”.

Many of the reports appear to deal with instances of human error rather than malicious misuse of agency resources. Nonetheless, many of these errors are potentially serious, including entries suggesting that unminimized U.S. telephone numbers were mistakenly disseminated to unauthorized parties and that military personnel were given unauthorized access to raw traffic databases collected under the Foreign Intelligence Services Act.

Yeah, and the people who did this are still on the job:

For the most part, the reports don’t appear to contain anything especially new, but I was struck by this particular violation:

………The OIG’s Office of Investigation initiated an investigation of an allegation than an NSA analyst had conducted an unauthorized intelligence activity. In an interview conducted by the NSA/CSS Office of Security and Counterintelligence, the analyst reported that, during the past two or three years, she had searched her spouse’s personal telephone directory without his knowledge to obtain names and telephone numbers for targeting….Although the investigation is ongoing, the analyst has been advised to cease her activities.

If the NSA gave even half a f%$# about this sort of abuse, this analyst would be fired, and her security clearance would be pulled.

Instead, she was “advised to cease her activities.”

This is why super-secret organizations need real independent oversight, because their first priority is preserving their own prerogatives, using whatever means necessary.

Full report here. (PDF)

Alfreda Frances Bikowsky, the Torture Loving, Incompetent, and Always Wrong Poster Child for CIA Lack of Accountability and Misuse of Secrecy

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She appears to be the Forrest Gump of CIA.

She refused to share data with the FBI about the 911 hijackers, she was instrumental in setting up the torture progam and lobbied for its excesses, and she lied repeatedly to Congress:

A top al Qaeda expert who remains in a senior position at the CIA was a key architect of the agency’s defense of its detention and “enhanced interrogation” program for suspected terrorists, developing oft-repeated talking points that misrepresented and overstated its effectiveness, according to the Senate Intelligence Committee’s report released last week.

The report singles out the female expert as a key apologist for the program, stating that she repeatedly told her superiors and others — including members of Congress — that the “torture” was working and producing useful intelligence, when it was not. She wrote the “template on which future justifications for the CIA program and the CIA’s enhanced interrogation techniques were based,” it said.

The expert also participated in “enhanced interrogations” of self-professed 9-11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.

The expert is no stranger to controversy. She was criticized after 9/11 terrorist attacks for countenancing a subordinate’s refusal to share the names of two of the hijackers with the FBI prior to the terror attacks.

But instead of being sanctioned, she was promoted.

The expert was not identified by name in the unclassified 528-page summary of the report, but U.S. officials who spoke with NBC News on condition of anonymity confirmed that her name was redacted at least three dozen times in an effort to avoid publicly identifying her. In fact, much of the four-month battle between Senate Democrats and the CIA about redactions centered on protecting the identity of the woman, an analyst and later “deputy chief” of the unit devoted to catching or killing Osama bin Laden, according to U.S. officials familiar with the negotiations.

NBC News is withholding her name at the request of the CIA, which cited a climate of fear and retaliation in the wake of the release of the committee’s report in asking that her anonymity be protected.

Yeah, well, her identity is already a matter of public record, so f%$# that last bit:

NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous.

The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency.

The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.

The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.”

It turns out that it’s not just people like Glenn Greenwald who condemn her, so do a number of her colleagues at the CIA

The NBC News investigative reporter Matthew Cole has pieced together a remarkable story revealing that a single senior officer, who is still in a position of high authority over counterterrorism at the C.I.A.—a woman who he does not name—appears to have been a source of years’ worth of terrible judgment, with tragic consequences for the United States. Her story runs through the entire report. She dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.

Had the Senate Intelligence Committee been permitted to use pseudonyms for the central characters in its report, as all previous congressional studies of intelligence failures, including the widely heralded Church Committee report in 1975, have done, it might not have taken a painstaking, and still somewhat cryptic, investigation after the fact in order for the American public to hold this senior official accountable. Many people who have worked with her over the years expressed shock to NBC that she has been entrusted with so much power. A former intelligence officer who worked directly with her is quoted by NBC, on background, as saying that she bears so much responsibility for so many intelligence failures that “she should be put on trial and put in jail for what she has done.”

(emphasis mine)

She also has a f%$#ing wiki page, which makes her about as out as Valerie Plame.

Or as John Cook notes, “It should come as no surprise that a secret organization with no accountability promotes incompetents—but the CIA is actively encouraging the careers of the most aggressively error-prone employees it has.”

Note that she also authorized the kidnapping and torture of an innocent man, and tortured the completely bogus story about Al Qaeda cells involving black Muslims in Montana.  (No, this is not The Onion, she actually tortured this fairy tale out of KSM, and believed it).

Excessive secrecy and lack of accountability within our state security apparatus is a threat to our security.

With the NSA, It’s Not Just the Orwellian Stuff, it’s also the Outright Corruption

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There are reasons for secrecy, but we need to remember that secrecy is the enemy of competent and honest government, as the recent corruption scandals at the National Security Agency proves:

One of the nation’s top spies is leaving her position at the National Security Agency (NSA), a spokesman confirmed Friday, amid growing disclosures of possible conflicts of interest at the secretive agency.

The shakeup comes just a month after BuzzFeed News began reporting on the financial interests of the official, Teresa Shea, and her husband.

Shea was the director of signals intelligence, or SIGINT, which involves intercepting and decoding electronic communications via phones, email, chat, Skype, and radio. It’s widely considered the most important mission of the NSA, and includes some of the most controversial programs disclosed by former contractor Edward Snowden, including the mass domestic surveillance program.

The NSA provided a statement Friday that said Teresa Shea’s “transition” from the SIGINT director job was routine and “planned well before recent news articles.” The agency indicated she would remain employed, but did not provide specifics.

The Sheas did not respond to a message left at their home telephone number.

In September, BuzzFeed News reported that a SIGINT “contracting and consulting” company was registered at Shea’s house, even while she was the SIGINT director at NSA. The resident agent of the company, Telic Networks, was listed as James Shea, her husband.

This is in addition to the trail of corruption that the former NSA head Keith Alexander left behind him, with the NSA’s CTO taking a lucrative consulting gig with former NSA head Keith Alexander’s new security consulting firm, along with Keith Alexander’s suspicious stock trades, patents that appear to come from his work product at the NSA, and his consultancy that clearly plays on his connections in the intelligence community.

Secrecy is a petri dish for incompetence, corruption, and dysfunction, which is why our fetishizing of secrecy is so dangerous.

So Not Feeling the Hope and Change Here

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The US Government leaned on James Risen’s publisher to spike his latest book on the US intelligence services:

James Risen’s new book on war-on-terror abuses comes out tomorrow, and if you want to find a copy it shouldn’t be hard to obtain. As natural as that seems, it almost wasn’t the case with the Risen’s last book, “State of War,” published in 2006. Not only did U.S. government officials object to the publication of the book on national security grounds, it turns out they pressured Les Moonves, the CEO of CBS, to have it killed.

The campaign to stifle Risen’s national security reporting at the Times is already well-documented, but a 60 Minutes story last night provided a glimpse into how deeply these efforts extended into the publishing world, as well. After being blocked from reporting on the NSA’s warrantless surveillance program for the paper of record, Risen looked into getting these revelations out through a book he was already under contract to write for Simon & Schuster, a book that would look at a wide range of intelligence missteps in the war on terror.

In response, it seems, the government once again went straight to the top in order to thwart him. As 60 Minutes reports:

The administration [reached] out to Leslie Moonves, head of CBS, whose Simon & Schuster division was the publisher of Risen’s book, in an unsuccessful attempt to stop its publication.”

In an interview with The Intercept, Risen said he had been told the same story by Simon & Schuster a day or two before his book was published. He added he remembers feeling “very happy” that Moonves stood up for him.

Yes, this is the right time to invoke Eric Arthur Blair (George Orwell).

Not also that the Obama administration is looking to jail Mr. Risen for not revealing his sources.

You I think that this whole, “Most transparent administration in history,” promise is, in the words of Ron Ziegler, “Inoperative.”

I miss the openness and transparency of Richard Nixon.

Well, This Explains a Lot

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Former CIA Director Leon Panetta has now revealed that Rahm Emanuel attempted to cut him a new one for his cooperation with the Senate investigation of torture:

Former CIA Director Leon Panetta, in his new book, describes being summoned to a White House meeting and cussed out by President Obama’s chief of staff after he agreed to give the Senate intelligence committee access to documents chronicling the agency’s use of torture during the Bush administration.

“The president wants to know who the f%$# authorized this release to the committees,” Rahm Emanuel, who served as Obama’s chief of staff and enforcer in 2009 and 2010, is quoted as saying while slamming the table for emphasis.

Panetta’s book, Worthy Fights: A Memoir of Leadership in War and Peace, is a blunt account of his time as Obama’s CIA director and, later, Secretary of Defense.

He describes being micromanaged and second-guessed by White House aides who seemed focused on political appearance over substance. White House pushback on the Senate torture inquiry, which came despite Obama’s pledge to run the most transparent administration ever, is in that way typical – as is Emanuel’s profane tirade. (Emanuel, as I’ve written before, saw even the most deeply moral and legal decisions in purely political terms.)

………

Panetta describes then-director of national intelligence Dennis Blair as coming to his rescue, asking Emanuel:

“If the president’s hair is on fire,” he retorted, “I want to know who the f%$# set his hair on fire.”

Blair was fired in May 2010 and replaced by James Clapper, with sources citing as a main reason “the mutual distrust between the White House and members of Mr. Blair’s staff.” John Brennan, who was then Obama’s counter-terrorism adviser and is now CIA director, was one of the people Panetta implied had set the president’s hair on fire.

I do not know whether Obama never had any intention to create openness, or if folks like James Clapper and John Brennan managed to get him to swallow their sky is falling bullsh%$.

It really doesn’t matter.

Hope and change, my flabby white ass.

Judge Rules for Gitmo Detainees on Force-Feedings

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The Obama administration has used every possible effort to avoid a public hearing on the Guantanamo hunger strikers, but Judge Gladys Kessler is having none of it:

Videos showing force-feedings of a hunger-striking Guantanamo detainee must be publicly aired, a federal judge ordered this afternoon.

Lawyers for Syrian Abu Wa’el Dhiab, who has been held at Guantanamo since 2002 and has been refusing food for the last 18 months, have characterized the footage as “extremely disturbing.” Dhiab is asking the U.S. District Court in Washington D.C. to stop the military’s practice of forcibly removing him from his cell and restraining him for feedings.

The government argues that the 28 tapes at issue are classified, and will likely appeal today’s ruling. Releasing the videos, the Justice Department has said, might give a glimpse of the the prison infrastructure, or let Guantanamo inmates or others learn how to resist “forced cell extractions” or locate equipment that could be used as a weapon. The government also warned that the videos might “inflame Muslim sensitivities overseas.”

But the judge, Gladys Kessler, found that those justifications were “unacceptably vague, speculative,” or “just plain implausible.” So much information about the force-feedings was already public, Kessler wrote, and certainly detainees “are already familiar with the tactics used to extract them from their cells and enterally feed them.” The videos may be altered to protect the identities of prison guards, she said.

“This may well be the most significant court decision on Guantanamo Bay in years,” Alka Pradhan, one of Dhiab’s attorneys, said in a statement. “No longer does the American public have to rely on propaganda and misinformation, but can finally watch the videotapes and judge for themselves.”

The government tried to have an upcoming hearing in Dhiab’s case — set for Monday — largely closed to the public, but Kessler decided yesterday that it would stay open. It’s not clear whether an appeal or the redaction of the videotapes will delay next week’s proceedings. In a statement, the Justice Department said it was considering its options.

 They will appeal, of course. 

The Obama administration has bought into the whole “State Secrets” mentality that would give Dick Cheney a stiffie.

Still if these tapes do come out, it will be a good thing, because is is long overdue for Americans to know what is being done in their name.

Your Daily Dose of Eric Arthur Blair

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Also known as George Orwell

The US military has banned its personnel from accessing The Intercept website. You know, the place where Glenn Greenwald continues to publish Edward Snowden revelations:

The U.S. military is banning and blocking employees from visiting The Intercept in an apparent effort to censor news reports that contain leaked government secrets.

 According to multiple military sources, a notice has been circulated to units within the Army, Navy, Air Force, and Marine Corps warning staff that they are prohibited from reading stories published by The Intercept on the grounds that they may contain classified information. The ban appears to apply to all employees—including those with top-secret security clearance—and is aimed at preventing classified information from being viewed on unclassified computer networks, even if it is freely available on the internet. Similar military-wide bans have been directed against news outlets in the past after leaks of classified information.

 A directive issued to military staff at one location last week, obtained by The Intercept, threatens that any employees caught viewing classified material in the public domain will face “long term security issues.” It suggests that the call to prohibit employees from viewing the website was made by senior officials over concerns about a “potential new leaker” of secret documents.

 The directive states:

We have received information from our higher headquarters regarding a potential new leaker of classified information. Although no formal validation has occurred, we thought it prudent to warn all employees and subordinate commands. Please do not go to any website entitled “The Intercept” for it may very well contain classified material.

 As a reminder to all personnel who have ever signed a non-disclosure agreement, we have an ongoing responsibility to protect classified material in all of its various forms. Viewing potentially classified material (even material already wrongfully released in the public domain) from unclassified equipment will cause you long term security issues. This is considered a security violation.

A military insider subject to the ban said that several employees expressed concerns after being told by commanders that it was “illegal and a violation of national security” to read publicly available news reports on The Intercept.

This is bullsh%$, of course.

It’s not unexpected, but it is still bullsh%$ none the less.

Your tax dollars at work.

Yes, James Risen Has a Legitimate Beef with Barack Obama

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What has been done to him is so egregious that Maureen Dowd actually wrote a decent column, albeit it one that still contains gratuitous fashion references and a junior high school sensibility:

Over lunch near the White House on Friday, Risen, dressed in his Men’s Wearhouse shirt and khakis and his brown Ecco walking shoes, talked about having the sword of Damocles over his head, as the reluctant star of a searing media-government showdown that could end with him behind bars.

(See what I mean about the fashion bullsh%$?)

Risen said he’s not afraid that F.B.I. agents will show up one day at the suburban Maryland home he shares with his wife, Penny. (His three sons are grown, and one is a reporter.) But he has exhausted all his legal challenges, including at the Supreme Court, against the Obama administration.

 “I was nervous for a long time, but they’ve been after me for six years so now I try to ignore it,” he said, musing that he’s already decided what he’ll take to prison: Civil War books and World War II histories.

 The Justice Department is trying to scuttle the reporters’ privilege — ignoring the chilling effect that is having on truth emerging in a jittery post-9/11 world prone to egregious government excesses.

 Attorney General Eric Holder wants to force Risen to testify and reveal the identity of his confidential source on a story he had in his 2006 book concerning a bungled C.I.A. operation during the Clinton administration in which agents might have inadvertently helped Iran develop its nuclear weapon program. The tale made the C.I.A. look silly, which may have been more of a sore point than a threat to national security.

But Bush officials, no doubt still smarting from Risen’s revelation of their illegal wiretapping, zeroed in on a disillusioned former C.I.A. agent named Jeffrey Sterling as the source of the Iran story.

 The subpoena forcing Risen’s testimony expired in 2009, and to the surprise of just about everybody, the constitutional law professor’s administration renewed it — kicking off its strange and awful aggression against reporters and whistle-blowers.

 Holder said in May that “no reporter who is doing his job is going to go to jail,” trying to show some leg and signal that his intention is benign, merely to put pressure on Sterling so that he will plead guilty before his trial.

I can think of no more contemptible reason to go after a reporter then to save a bit of effort by prosecutors.

This is the sort of crap that killed Aaron Swartz.

How can he use the Espionage Act to throw reporters and whistle-blowers in jail even as he defends the intelligence operatives who “tortured some folks,” and coddles his C.I.A. chief, John Brennan, who spied on the Senate and then lied to the senators he spied on about it?

 “It’s hypocritical,” Risen said. “A lot of people still think this is some kind of game or signal or spin. They don’t want to believe that Obama wants to crack down on the press and whistle-blowers. But he does. He’s the greatest enemy to press freedom in a generation.”

I tend to agree.

The Obama administration has been implacably hostile to reporting on the US state security apparatus, to a degree that would make Richard Nixon go, “What the f%$#?”

Our security apparatus runs Barack Obama, not the other way around.

Tinfoil Hat Time!

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Much to the delight of sky-watchers in Nevada, it appears that there is some major construction at Groom Lake (aka Area 51):

In the latest satellite imagery released to the public, dated June 30th (partial) and June 2nd (full), Area 51 continues to undergo changes, and one of them is significant in nature. This new construction project is of especially high interest, not just because of its physical size, but also because of its very peculiar location and timing.

 ………

 In 2007, the biggest addition in some time was added to the base’s southwest corner, hidden partially behind a giant dirt berm. This fairly massive and modern hangar was fitted-out with extensive office space and a pair of 175 foot doors, one on each side of the structure. The facility was clearly purpose-built for something, and that something, or some things, were not small in size. The width of the doors alone added to the mounting evidence that what was contained within was an asset, or assets, that were strategic in nature.

 ………

 At the time that this new structure was completed, it was thought to house a proof of concept demonstrator for the Next Generation Bomber (NGB) program and/or a deep penetrating and very stealthy High Altitude Long Endurance (HALE) reconnaissance drone, basically an aircraft with similar capabilities as the RQ-4 Global Hawk but much more survivable and even more autonomous.

 ………

 With this background in mind, we now return to the new developments at Area 51. A new engine test cell located towards the northern part of the base appears to have been finalized since the last images were available, and there are some other small improvements that are noticeable around the sprawling installation, but the massive hangar being constructed far south of the aforementioned hangar built in 2007 is quite literally, a big deal.

 The location of this new structure, measuring about 225 feet across, is interesting as it is located right off the end of the runway, far south of the rest of the base. This location would keep it out of the immediate view of the general apron area, and would also allow for quick access to the runway, resulting in minimal taxi times.

 The fact that this new hangar will have doors on each side, evidenced by the taxiway emanating out from both sides of the structure, means that pre-flight checks, and possibly engine starts, could be executed while under the structure’s protective cover. This is beneficial when trying to avoid satellite flyovers.

 Although the times when flyovers occur are all known, and operations are planned around them accordingly, such planning is no guarantee that the aircraft will not experience problems while taxing, taking off or landing, thus leaving it exposed to prying eyes in low earth orbit. So having a hangar as close to where the aircraft launches and recovers is beneficial if that aircraft is of an especially sensitive nature.

I think that we can be reasonably certain that it’s directly connected to a specific project, I don’t think that the USAF builds massive hangars just to F%$# with aviation buffs.

My guess is that this is associated with the next generation bomber, the successor to the B-2, but that is just a wild-assed guess.

Feinstein* Accuses the CIA of Using Redactions to Muzzle Torture Report

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This is what Dianne Feinstein means when she says that “certain redactions eliminate or obscure key facts that support the report’s findings and conclusions.”

I would start getting my ducks in a row about having the Senate intelligence committee releasing the report unilaterally, because it is clear that neither the CIA, nor Barack Obama have the slightest interest interest in the public’s right to know here:

The key senator behind a landmark congressional investigation into the CIA’s use of torture has rejected redactions made by the Obama administration ahead of a planned public release of the politically charged report.

 In the latest struggle between senator Dianne Feinstein, the California Democrat who chairs the intelligence committee, and the CIA, Feinstein said she would delay a heavily anticipated disclosure of portions of the report in an attempt to reverse redactions that “eliminate or obscure key facts that support the report’s findings and conclusions”.

 “Until these redactions are addressed to the committee’s satisfaction, the report will not be made public,” said Feinstein, who added that she intended to outline the committee’s desired disclosures in a private letter to President Barack Obama.

 Another powerful senator and Obama ally, Carl Levin, the Michigan Democrat who chairs the armed services committee and who spearheaded his own investigation into US military torture, called the redactions “totally unacceptable.”

Spencer Ackerman’s analysis at this point becomes rather chilling:

Clapper left the door open to a “constructive dialogue with the committee.” In an indication of the deep strains between the committee and the CIA, that dialogue is largely brokered by the White House, which is attempting to balance the competing interests of both powerful entities while each looks to Obama for support.

So, apparently, the f%$#ing US state security apparatus is now a branch of government coequal to the Executive and the Congress, and, if the constant assertions of the State Secrets Privilege by the DoJ, the judiciary as well.

They aren’t, and the fact that the CIA is defying the Senate committee charged with overseeing their actions is wrong from almost every perspective.

*Full disclosure, my great grandfather, Harry Goldman, and her grandfather, Sam Goldman were brothers, though we have never met, either in person or electronically.

Full statement from her office after the break:

Aug 05 2014
Feinstein Statement on Redactions in Detention, Interrogation Study

 Washington—Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) today released the following statement on the committee study of the CIA’s detention and interrogation program:

 “After further review of the redacted version of the executive summary, I have concluded that certain redactions eliminate or obscure key facts that support the report’s findings and conclusions. Until these redactions are addressed to the committee’s satisfaction, the report will not be made public.

“I am sending a letter today to the president laying out a series of changes to the redactions that we believe are necessary prior to public release. The White House and the intelligence community have committed to working through these changes in good faith. This process will take some time, and the report will not be released until I am satisfied that all redactions are appropriate.

“The bottom line is that the United States must never again make the mistakes documented in this report. I believe the best way to accomplish that is to make public our thorough documentary history of the CIA’s program. That is why I believe taking our time and getting it right is so important, and I will not rush this process.”

(Emphasis original)

He Could Always Read the Report from the Well of the Senate

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Ron Widen (D-)R) is looking at using Congressional authority to declassify the CIA torture report:

A senior Senate Democrat is firing a warning shot at the White House against stalling the release of a report about the past use of torture by the U.S. intelligence community.

Sen. Ron Wyden is talking with his colleagues about the possibility of using a seldom-invoked procedure to declassify an Intelligence Committee report on the use of torture in the event the White House does not move ahead quickly.

Speaking with reporters on a variety of subjects Thursday, the Oregon Democrat referred to the Senate’s “Resolution 400″ — the Abraham A. Ribicoff-sponsored resolution that established the Intelligence Committee back in 1976.

Wyden said he was discussing invoking the resolution “in order to move this along if we have to, through the committee process, to get it declassified.”

………

Bringing up Senate Resolution 400 in conversations this week is a reminder from Wyden that the legislative branch would have recourse in the event the Obama administration stonewalls the release, a point made clear in the Senate manual:

“The select committee may, subject to the provisions of this section, disclose publicly any information in the possession of such committee after a determination by such committee that the public interest would be served by such disclosure. Whenever committee action is required to disclose any information under this section, the committee shall meet to vote on the matter within five days after any member of the committee requests such a vote. No member of the select committee shall disclose any information, the disclosure of which requires a committee vote, prior to a vote by the committee on the question of the disclosure of such information or after such vote except in accordance with this section.”

Of course he would actually have to get a majority vote in the Senate Intelligence Committee, which is pretty unlikely, which is why I think that invoking the Constitutionally granted Congressional immunity might be the way to go, though this would almost certainly get Wyden tossed of the Intel Committee.

German ‘double agent’ is arrested on suspicion of spying for the U.S.

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An agent at the BND, the German intelligence service, has been arrested on suspicion of spying for the US:

German detectives have arrested a man suspected of spying for the United States in what could prove the ‘biggest scandal involving a German-American double agent since the Second World War’.

 The 31-year-old German citizen was being questioned today on suspicion of snooping on Germany’s parliamentary inquiry into the NSA affair.

 According to one German newspaper, he was first arrested amid suspicions he tried to make contact with Russian intelligence, only to confess he was in fact spying for the Americans.

………

The man has admitted passing to an American contact details about a special German parliamentary committee set up to investigate the spying revelations made by former U.S. intelligence contractor Edward Snowden, two politicians, who asked to remain anonymous, said.

Both lawmakers are members of the nine-person parliamentary control committee, whose meetings are confidential, and which is in charge of monitoring German intelligence.

The parliamentary committee investigating the NSA affair also holds some confidential meetings.

(emphasis mine)

First, let me state the obvious: Allies spy on each other. It’s a fact of life.

In a properly run intelligence service, this tends to be low key, and it’s confined to items of direct security interests, things like divining the relationship with other states, basic positions in negotiations, potentially military technology, etc.

This is not this. This is the CIA/NSA/etc. spying on an official parliamentary inquiry because they are worried that the revelations might embarrass them personally.

This is stupid, and, as I have noted many times before, it is indicative of an intelligence apparatus that is completely out of control of either our defense and diplomatic establishment, to say nothing of the the President.

This is insane.

And finally, Glenn Greenwald comes very close to saying that the origins of this story has nothing to do with Edward Snowden, so there is necessarily a 2nd  leaker as its source:

Glenn Greenwald, one of the journalists who has worked closely with exiled whistleblower Edward Snowden to reveal the National Security Agency’s mass surveillance programs, says there may be a second leaker providing the NSA’s secrets to the press.

Two German media reports co-authored by former WikiLeaks volunteer and current Tor Project employee Jacob Appelbaum are the cause of his suspicion.

The first report was published in December by Der Spiegel and describes a 50-page catalog of NSA surveillance tools. The second came last week from the German broadcasters Norddeutscher Rundfunk (NDR) and Westdeutscher Rundfunk (WDR), detailing NSA surveillance of people who use Tor and other online privacy services.

Both articles “notably fail to mention anything about the sourcing for the documents,” Greenwald tells U.S. News. “That’s particularly notable given that virtually every other article using Snowden documents – including Der Spiegel – specifically identified him as the source.”

Bruce Schneier, a technology security expert who worked with Greenwald to evaluate the cache of documents Snowden leaked, offered similar speculation on his blog Thursday.

“I do not believe that this [information about Tor surveillance] came from the Snowden documents,” Schneier wrote. “I also don’t believe the TAO catalog came from the Snowden documents. I think there’s a second leaker out there.”

Seriously, this is a bureaucracy to run amok, and the fact that we have to rely on the kindness of leakers to provide any oversight scares the hell out of me.

Yes, Snowden Could have Used Channels to Raise His Concerns ……… Not

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Jeffrey Scudder had his career destroyed by the CIA because he filed Freedom of Information Act Requests to declassify historical documents:

His CIA career included assignments in Africa, Afghanistan and Iraq, but the most perilous posting for Jeffrey Scudder turned out to be a two-year stint in a sleepy office that looks after the agency’s historical files.

 It was there that Scudder discovered a stack of articles, hundreds of histories of long-dormant conflicts and operations that he concluded were still being stored in secret years after they should have been shared with the public.

 To get them released, Scudder submitted a request under the Freedom of Information Act — a step that any citizen can take, but one that is highly unusual for a CIA employee. Four years later, the CIA has released some of those articles and withheld others. It also has forced Scudder out.

 His request set in motion a harrowing sequence. He was confronted by supervisors and accused of mishandling classified information while assembling his FOIA request. His house was raided by the FBI and his family’s computers seized. Stripped of his job and his security clearance, Scudder said he agreed to retire last year after being told that if he refused, he risked losing much of his pension.

What were these documents?

The documents sought by Scudder amount to a catalog of a bygone era of espionage. Among them are articles with the titles “Intelligence Lessons from Pearl Harbor” and “Soviet Television — a New Asset for Kremlin Watchers.”

 Scudder said he discovered them after he took an assignment in 2007 as a project manager for the CIA’s Historical Collections Division, an office set up to comb the agency’s archives for materials — often decades old — that can be released without posing any security risk.

(emphasis mine)

BTW, the CIA has since closed the Historical Collections Division, claiming “budget concerns.”

This is how the US state security apparatus addresses an attempt to hasten the declassification anodyne historical documents.

What do you think would have happened if Edward Snowden had gone further with his complaints?

He would still have had to flee the country for his own safety.

Why You Should Not Give Money to the Red Cross

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Even if you ignore their blood products profiteering which killed a significant portion of the Hemophiliacs in the United States under Liddy Dole, you have their routine and brazen profiteering in the event of major disasters:

Just how badly does the American Red Cross want to keep secret how it raised and spent over $300 million after Hurricane Sandy?

The charity has hired a fancy law firm to fight a public request we filed with New York state, arguing that information about its Sandy activities is a “trade secret.”

The Red Cross’ “trade secret” argument has persuaded the state to redact some material, though it’s not clear yet how much since the documents haven’t yet been released.

As we’ve reported, the Red Cross releases few details about how it spends money after big disasters. That makes it difficult to figure out whether donor dollars are well spent.

The Red Cross did give some information about Sandy spending to New York Attorney General Eric Schneiderman, who had been investigating the charity. But the Red Cross declined our request to disclose the details.

So we filed a public records request for the information the Red Cross provided to the attorney general’s office.

 That’s where the law firm Gibson Dunn comes in.

 An attorney from the firm’s New York office appealed to the attorney general to block disclosure of some of the Sandy information, citing the state Freedom of Information Law’s Trade Secret Exemption.

 The documents include “internal and proprietary methodology and procedures for fundraising, confidential information about its internal operations, and confidential financial information,” wrote Gabrielle Levin of Gibson Dunn in a letter to the attorney general’s office.

If those details were disclosed, “the American Red Cross would suffer competitive harm because its competitors would be able to mimic the American Red Cross’s business model for an increased competitive advantage,” Levin wrote.

(emphasis mine)

Trade Secret Exemption?  Proprietary Methodology?  Competitive Harm?  Business model?  Competitive Advantage?

Seriously?

You are asking us to give you money on the vague promise that you won’t blow it all on salaries and severance packages for senior executives (and, you know, give thousands of Hemophiliacs AIDS ……… Oops, too late on that one).

The American Red Cross, and the Susan G. Komen foundations are not charities should be our first choices for donations.

Anwar al-Awlaki Assassination Memo Released in Redacted Form

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The legal justification basically comes down to the fact that the incredibly broad 911 Authorization of Use of Military Force (AUMF) would justify lethal force.

This appears to me to be good law, but remain dubious of the facts.

Basically, and this is on a quick reading of a heavily redacted memo full of legalese, there is no mention of the actual activities that al-Awalki engaged in that had him declared a combatant, just a justification for lethal actions against American citizens who have assumed a combat role against the United States.

So, we still don’t know what he did to be declared a combatant. It could be that he was involved in major military decisions, functioning as a military officer in al-Qaida, but I’ve never seen any sort of release, either officially or through leaks, claiming this.

What we do some of what he was doing.

He produced and distributed sermons supporting Jihad, and we know that he provided religious advice to people in AQAP, including the Underoos bomber, Umar Farouk Abdulmutallab.

If these are the facts that led the US government, and I am inclined to believe that this is the totality of the actual facts against him.  (See my no leaks comment above)

If this is the case, then the US state security apparatus specifically targeted Anwar al-Awlaki on the basis of activities which are purely clerical in nature.

This begs the obvious question, “When do we start droning the leaders of Operation Rescue?”

After all, if pastoral support of terrorism rates assassination, the ongoing terrorism against abortion providers should be at the top of the list.

Memo, such as it is, after the break.

Because, Snoops Think that it Is All About Them

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It now appears that one impetus for the US state security apparatus to spy on all of us was to cover its own ass:

You may have heard about the government’s spying on the Associated Press. And high-level NSA whistleblower Bill Binney told Washington’s Blog that the government also spied on Pulitzer Prize-winning New York Times reporter James Risen, and chief Fox News Washington correspondent James Rosen.

But Senior NSA executive Thomas Drake tells Washington’s Blog that the spying on reporters started 12 years ago – in 2002 – and has been fairly systematic.

By way of background, Drake had championed the “ThinThread” program, which automatically encrypted Americans’ data (data could only be decrypted after a court found there was probable cause that the American was a bad guy).
But after 9/11, NSA instead adopted the competing “Stellar Wind” system, which didn’t protect Americans’ privacy, and was less effective and more expensive.

………

There was a program called “First Fruits”. They’ve no doubt changed the name of the program [since then.]

And that First Fruits program was a cutout which was designed from all of the domestic surveillance take. “Let’s just pipe off from all” that is involving designated [reporters] … or in some cases whole groups of reporters and journalists.

 So you’re targeting actual newspapers. You’re targeting media outlets.

And you’re monitoring – on a persistent basis – their communications.

WASHINGTON’S BLOG: How early did that start?

THOMAS DRAKE: The preliminary version of that – as far as an active program – was in 2002.

(emphasis original)

When secrecy is used as a weapon to cover up ones own misdeeds, not only does it breed more secrecy, it breeds more misdeeds.

Our secret security state is not protecting us.  It is petri dish for incompetence.

We’ve Always Been at War with Eastasia

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If there is anything more Orwellian than the Pentagon refusing to reveal who we are at war with.

Note that this was in a hearing about extending the Authorization of Use of Military Force (AUMF) where the Pentagon refused to say with whom we are fighting.

So they are asking for an authorization to make war while refusing say who they are making war with, and why we are making war with them.

This is a miasma of the most profoundly disturbing visions of both Orwell, and Kafka.

Dianne Feinstein* is Right, Both on the Principal, and the Form

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The chairman of the Senate Intelligence Committee is asking the White House, and not the CIA to conduct the declassification review of the Senate torture report:

The chairwoman of the Senate Intelligence Committee has called for the White House – not the Central Intelligence Agency – to lead the declassification process for the panel’s summary of its massive, scathing report on the CIA’s detention and interrogation program.

In a letter to President Barack Obama, Sen. Dianne Feinstein, D-Calif., challenged both the White House and CIA, which have suggested in recent days that the agency would spearhead the declassification.

“The CIA, in consultation with other agencies, will conduct the declassification review,” Caitlin Hayden, a spokeswoman for the White House National Security Council, said after the Intelligence Committee voted last week to declassify the 481-page executive summary.

Attorney General Eric Holder said the Obama administration wanted a thorough review.

“I agree that as much of the report as possible should be made public, of course allowing for redactions that are necessary to protect national security,” he told the House Judiciary Committee on Tuesday. “So I was pleased that the committee voted to send portions of the report forward for declassification.”

Holder recalled that Obama “believes that bringing this program into the light will help the American people understand what happened in the past and can help guide us as we move forward so that no administration contemplates such a program in the future.”

In her letter, Feinstein calls for swift action on the summary, findings and conclusions of the report. The summary, she says, should be released quickly and with minimal redactions.

“As this report covers a covert action program under the authority of the president and National Security Council, I respectfully request that the White House take the lead in the declassification process,” the letter reads.

Sen. Jay Rockefeller, D-W.Va., a member of the Intelligence Committee, said that while only the CIA could declassify, “We’re trying to build up pressure on the White House and the CIA. It’s not just declassify. It’s to do a minimum of redactions.”

Sen. John McCain, R-Ariz., a longtime critic of the CIA’s interrogation methods – widely regarded as torture – said he fully understood Feinstein’s concerns.

“She doesn’t trust the CIA. I think she’s probably right. I don’t trust them either,” he told McClatchy.

“This is the same outfit that destroyed the videos of the interrogations. That’s one of the most outrageous things I’ve ever seen in my life,” he said.

Also note that a target of the investigation, whose name was mentioned more than 1600 times in the Senate report, was the one who supervised CIA “Cooperation” (i.e. hacking into) Senate computers while staffers were reviewing documents.

The CIA is not to be trusted.

What’s more, they don’t have the authority to take lead on declassification, because they did not classify the program in the first place.

That was the White House:

Five years ago, I reported (BREAKING) that the Bush Administration (aka Dick Cheney) made the torture program a Special Access Program in unusual fashion. Rather than CIA Director George Tenet make torture a SAP, as mandated by the Executive Order governing such things, unnamed people in the National Security Council did so.

………
Since that time, I’ve asked experts in classification and they agree that something funky went down (note, too, that torture wasn’t a SAP at the very beginning).
I believe torture’s odd SAP status is one of the things that has implicated the Presidency, which the Obama Administration went to some lengths to cover up.

But it also should dictate the White House take the lead on declassification of the torture program.

Don’t take my word for it — take Dianne Feinstein’s word. In a letter to the White House, she invoked torture’s status as a “covert action program under the authority of the President and National Security Council” to call for the White House to lead declassification.

In a letter to the President dated April 7 and obtained by McClatchy, Dianne Feinstein, D-Calif., called for swift action on the summary and the findings and conclusions of the report, which members voted last week to declassify. The summary, Feinstein said, should be released “quickly and with minimal redactions.”
“As this report covers a covert action program under the authority of the President and National Security Council, I respectfully request that the White House take the lead in the declassification process,” the letter reads.


Note, Dianne Feinstein has just formally confirmed the same detail the Obama Administration appealed to keep secret: torture was authorized by the President, not by OLC, not by George Tenet, not by John Rizzo. The President.

Which is why the President should take responsibility for releasing the report.

For some reason Barack Obama has the protection of Bush and Cheney as one of the most important goals of his presidency.

He may think that this position prevents a political schism, but what it really does is normalize corruption and create a criminogenic environment.

H/t Garrett at Daily Kos.

*Full disclosure, my great grandfather, Harry Goldman, and her grandfather, Sam Goldman were brothers, though we have never met, either in person or electronically.

I am Happy to be Wrong

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Glenn Greenwald and Laura Poitras have entered the United States, and they were not detained:

Despite fear over detention by the authorities, journalists Glenn Greenwald and Laura Poitras — the first reporters to meet with Edward Snowden and receive access to his trove of leaked NSA documents — reentered the U.S. without trouble.

Both journalists feared detention or at the very least questioning on returning to U.S. soil. The Justice Department had refused to give any information about whether Greenwald and Poitras might be subject to a grand jury investigation. Furthermore, last year Greenwald’s partner, David Miranda, was held at Heathrow airport for nine hours, his electronic devices confiscated, under a U.K. counterterror act. In this age, when journalism is all too often aligned with terrorism, Greenwald and Poitras were understandably concerned. Indeed, Poitras has been questioned for hours on end at U.S. airports in the past over her journalistic work pre-dating the Snowden leaks.

But, as Greenwald told reporters Friday, he “expected that they wouldn’t be that incredibly stupid and self-destructive to try and do something that in the eyes of the world would be viewed as incredibly authoritarian. … That would forever undermine their ability to criticize other governments for imprisoning journalists and for having a constitutional fight over the First Amendment that successive administrations have wanted to avoid.”

And indeed, the U.S. authorities were not so stupid, and Poitras and Greenwald entered the U.S. safely. That the two journalists feared detention at all remains grimly reflective of what whistle-blower attorney Jesselyn Raddack calls the current “war on information.” Lest we forget, Barrett Brown and Chelsea Manning sit behind bars; Edward Snowden faces hefty charges under the Espionage Act; AP journalists’ phone logs were surveilled by the DOJ; Fox News correspondent James Rosen was once named by the FBI as a possible “co-conspirator” in a crime for the journalistic act of obtaining leaked information. The NSA revelations, shedding light on a vast and unbounded corporate-government surveillance nexus, have unquestionably been in the public interest. The whistle-blower behind them should not fear persecution, nor should the journalists reporting the story. But where Poitras and Greenwald can point to the First Amendment (or whatever meek vestiges of it that the U.S. cares to recognize), Snowden has no such recourse and no such protection.

I would anticipate that they are being intensely watched, and that all their communications are monitored, but the fact there has been no official harassment yet is heartening.

Then again, the fact that I, and many others, expected official misconduct on the part of the US state security apparatus speaks volumes about the state of our society.