• U.S. Spying on Germany: Breaking the Rules for What?

    July 19, 2014 // 5 Comments »


    In the world of spying in general, and especially when you’re spying on allied nations, Rule No. 1 is “Don’t Get Caught.” Rule No. 2 is “Make Sure the Juice is Worth the Squeeze.” The U.S. broke both rules, several times, in Germany. For what?

    Rule No. 1: Don’t Get Caught

    Getting caught spying is never a good idea. Want to end a relationship? Have your girlfriend discover you looking through her cell phone. The same applies to nations. Though the adage “everyone spies on everyone” and its antecedent “spying is the world’s second oldest profession” are true, getting caught trumps both, especially when spying on a friendly nation.

    In Germany, the U.S. was caught. Several times.

    The Snowden revelations showed that not only did the United States (via the NSA) spy on Germany as a whole, vacuuming up all sorts of communications, but that it drilled down to the level of spying on Chancellor Angela Merkel’s personal cell phone. Recently, however, two more examples emerged.

    The first involved a mid-level employee of the German intelligence service, arrested on July 2. The employee, identified only as Markus R., became of interest in May after he sent an email to the Russian consulate in Munich offering classified information. He even attached a sample intelligence document to his email, information suggesting another German official was a Russian spy.

    German counterintelligence officials set up a trap, replying to Markus R. using a fake Russian email address, suggesting a meeting. Markus R. didn’t bite. Seeking help, the Germans forwarded Markus’ Gmail address to the Americans, asking if they recognized it. No reply from the Americans. Instead, Markus R.’s email address suddenly shut down. The Germans arrested Markus, who rolled over and provided proof he was spying for the U.S.

    That other German official, maybe a Russian spy Markus dangled in front of the Russians? That took a curious twist. It turns out that German intelligence had had the guy on its radar since 2010, and had learned the man had taken trips paid for by an “American friend.” Soon after the Germans raided the guy’s home and, perhaps by coincidence, then immediately expelled the head of the CIA resident in Germany.

    How Not to Get Caught

    Sometimes things just go belly-up and there is not much you could have done. But often times there are things you could have done.

    To begin, one must vet one’s agents, the foreign citizen who is paid to spy for you on his own country. Is he a flake? A fake? A glory seeker, an adventurer, a Walter Mitty-type? Has he shopped his information around to other spies? What is his motivation? If you pay him a lot of money, will he do stupid things like suddenly start buying luxury goods on a clerk’s salary? What are his weaknesses– if he talks too much to you when drunk, maybe he’ll do the same with others. If he can be played with women, men, drugs, gambling or whatever, well, the other side(s) knows how to do that too. The answers to these questions can help predict whether or not he can be trusted. After all, by your choosing to work with him, he now knows some of your secrets too.

    Next up is assessing his ability to spy for you without doing things that will compromise the action. Does he understand how to communicate securely, how to be discreet, how to acquire documents without alerting his employer? Is he teachable, can he follow instructions on how to do all those things? If you give him secure ways to communicate, does he use them all the time, or does he panic and call over open channels? (Markus R., after his initial email(s), was apparently given a secure communications device by his American handler.)

    What about the host nation? How good are they at counter-intelligence? How good are you at counter-counter-intelligence, knowing what they know about your activities? This dictates how much caution and discretion needs to be involved.

    Markus R. apparently offered himself directly to the U.S. via an open email, and then went on to try the same with the Russians. In the latter instance, he communicated openly over Gmail, even attaching a sensitive document. Given the furor over the Snowden revelations in Germany, and his own position inside the German intelligence operation, it is impossible that he was unaware of the boneheadedness of such actions. This should have been a full-blown emergency sign inside the CIA.

    Finally, don’t make it easy for the other side to catch you. Slamming shut the Gmail account right after the Germans asked the U.S. about it pretty much sealed the deal.

    All of this brings us to Rule No. 2.

    Rule No. 2: Is the Juice Worth the Squeeze?

    In other words, for any given information (the juice), what effort is required to obtain it (the squeeze)? Similarly, what is the potential fallout if the squeeze is exposed? In the German caper, the violation of Rule No. 2 seems near-complete.

    Following the Snowden revelations, it was dead solid perfect obvious that anything to do with additional spying inside Germany, never mind spying on Germany, would be sensitive enough to immediately reach the highest levels of both governments. That should have set off a careful evaluation of activity, with a risk analysis of each and every operation ongoing or planned. The question that should have been being asked was “If this gets out, given the likely bilateral fallout, can we justify that by what we learned?” In other words, was the info acquired so valuable to the U.S. that it was worth the firestorm that followed?

    It does not appear that risk analysis was done, or if it was done, that anyone paid attention to it. Though full details are of course (for now…) unknown, it appears that Markus R. did not turn over documents critical to U.S. national security. Some reports claim what he revealed mostly dealt with what the German’s were doing about the earlier NSA revelations. According to one news source, Markus “admitted passing to an American contact details concerning a German parliamentary committee’s investigation of alleged U.S. eavesdropping disclosed by Edward Snowden.”

    Though some agents are bought off very cheaply by the CIA, that seems less applicable in a first world nation such as Germany. You often do get what you pay for; the U.S. allegedly only paid Markus R. about $34,000.

    Further risk was assumed by possibly involving a third country, also an ally. Reports suggest Markus R. traveled to Austria to meet his CIA handler, and that the whole operation was run primarily out of Austria. That can push the disruption of relations across a second border with little if any potential benefit to the United States.

    Fallout?

    There have been short-term negatives. The German Interior Ministry said it would cancel a contract with Verizon Communications. “The links revealed between foreign intelligence agencies and firms,” the ministry said in a statement, “show that the German government needs a high level of security for its essential networks.” A lot of rhetoric will pass. There is no doubt that American intelligence officers in Germany will come under greater scrutiny, likely reducing their effectiveness. Some points of intel cooperation between the U.S. and Germany may suffer.

    But U.S.-German relations are long, deep and complex. The Markus R. incident, like the NSA revelations, will be hard to track in the broader picture. It will be hard to pinpoint specific changes in the relationship, as they will be subtle if not classified, or because they may not even occur.

    Perhaps though the bigger lesson here is more domestic than foreign. Obama claims he was not informed of the Markus R. case, as he claimed he was not informed of NSA spying on Merkel’s cell phone. Was CIA action in the Markus case (and the NSA’s earlier actions) sensitive to their implications? Did the CIA act in concert with broader U.S. government goals and aims, or did they act with a lack of concern? The answers to those questions may tell us more about how things are working inside our own government than anything to do with foreign relations.

    BONUS: There is a Rule No. 3, but if I told you that I’d have to kill you…



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in Embassy/State, Police State

    CIA, Senate and a Constitutional Crisis Resolved (not in favor of the Constitution)

    July 11, 2014 // 20 Comments »




    Chroniclers of the decline of the republic will recall March 2014. Speaking then in reference to revelations that the CIA searched computers being used by Senate staffers, and removed documents those staffers received from the CIA detailing its post-9/11 torture program, Senate Intelligence Committee Chairman Dianne Feinstein said:


    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.

    [CIA actions] 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.

    Feinstein went on to say then “The interrogations and the conditions of confinement at the CIA detentions sites were far different and far more harsh than the way the CIA had described them to us” and emphasized that her committee’s report would detail “the horrible details of the CIA program that never, never, never should have existed.”

    It appears more than likely the files the CIA pulled out of the Senate’s hands would reveal two presidents lied to the world about the torture program, and that horrors beyond what we know were committed in our names.

    A classified 6,300-page Senate report on torture was prepared 19 months ago, before the details of the CIA spying became public. Calls were made, in March 2014, to declassify parts and release them to the public. Now, in July, we are still waiting.

    The Constitutional Crisis

    The bulk of the Constitution is a road map to the checks and balances the Founders created to ensure no one part of government would become so strong and powerful so as to negate the others. Chief among those checks and balances is the oversight role Congress plays over the Executive branch. Simply put, Congress investigates what the Executive does. That is what Dianne Feinstein and her Senate Intelligence Committee were doing looking into the truth behind the lies of CIA torture.

    When the Executive, using the CIA in this instance (and there are credible claims Obama personally knew of the CIA’s activities ahead of time), inserts itself wrongly in that process by spying on and manipulating evidence of the Committee, you have a Constitutional crisis. The essential checks and balances designed to sustain our democracy and rein in an out-of-control Executive are no longer functioning.

    The Obama administration declined to get involved. Then-White House spokesperson Jay Carney announced Obama administration lawyers were told about the CIA’s intentions to have the Department of Justice investigate Senate staffers for potentially stealing classified documents they sought to hold on to after the CIA tried to delete them by spying on and penetrating the records database, but did not approve or weigh in on the agency’s decision.

    With the White House choosing the sidelines, a DOJ investigation, no matter the motive, was the only check and balance to be applied to this crisis of power, and the only hope for public clarity about what really happened.

    The DOJ Declines Intervening on the Side of the Constitution

    On July 10, 2014, DOJ released a short statement: “The department carefully reviewed the matters referred to us and did not find sufficient evidence to warrant a criminal investigation.” There will be no reckoning of what the CIA did to conceal or influence the Senate report.

    Previously, in 2012, the Justice Department closed an inquiry into prosecuting low-level CIA practitioners of torture without bringing any charges.

    Post-Constitutional America, Again

    Dianne Feinstein appears to have made no comment on the DOJ decision despite her central role in all this and previous claims of unconstitutional actions by the Executive. As this is written, her most recent public remarks deal with immigration. The last reference found on her official website to the torture report is from April 2014.

    The CIA attacks on the Senate, designed to impede, alter or influence the outcome of a report on torture, coupled with a lack of concern from the White House and the Department of Justice, as well as apparently by the chair of the Senate Intelligence Committee itself, are another example of our new world, a Post-Constitutional America where the old rules of an aging republic no longer apply.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in Embassy/State, Police State

    Seven Important, Non-Partisan Questions about Benghazi That Need Answers

    June 2, 2014 // 9 Comments »

    Former Secretary of State Hillary Clinton says she won’t “be a part of a political slugfest on the backs of dead Americans” over the 2012 Benghazi attacks,” though she devotes a full chapter to the incident in her forthcoming book Hard Choices. Politico was given a pre-release excerpt from the book, from which the quotes below are drawn.

    Clinton’s book raises some important points. Here are the questions some reporter should ask her if given the chance, along with a note about “why it matters” for each one to make clear these are things we need to know from the likely-next president of the United States, far apart from any political slugfest.

    The Questions

    1) Where was Clinton?

    The Benghazi attack unfolded from about 4pm in the afternoon until very late at night, Washington time. Clinton said she was first told of the incident as it began. She has refused to be specific about her whereabouts and actions that night. Where was Clinton between 4pm and say midnight? The State Department Operations Center was on the phone live with officials in Benghazi, Tripoli or both locations. Was Clinton in the State Department Operations Center? If not, why not? When did she leave the State Department? Why did she leave? Did she go to the White House Ops Center, who no doubt was monitoring the situation? If not, why not?

    Senator Charles Schumer was called to the White House, from 5:30 p.m. to midnight, as the Benghazi attack unfolded. Clinton would be an unlikely source to explain Schumer’s presence, but certainly should be asked to explain her own non-presence.

    For example, the CBS timeline for the attack states that 4 a.m. Washington time Obama was told of Ambassador Stevens’ death. Where was Clinton at that time? If she was asleep, at home or elsewhere, why did she chose that over staying at the State Department?

    Clinton has refused to explain where she was the night of the Benghazi attack. CNN asked her, and here is her response:

    QUESTION: … could you tell us a little bit about what you were doing when that attack actually happened? I know Charlene Lamb, who as the State Department official, was mentioning that she back here in Washington was monitoring electronically from that post what was happening in real time. Could you tell us what you were doing? Were you watching? Were you talking with the President? Any details about that, please.

    SECRETARY CLINTON: … I think that it is very important to recognize that we have an investigation going on… So that’s what an investigative process is designed to do: to try to sort through all of the information, some of it contradictory and conflicting… So I’m going to be, as I have been from the very beginning, cooperating fully with the investigations that are ongoing, because nobody wants to know more about what happened and why than I do. And I think I’ll leave it at that.

    Why It Matters: A Commander-in-Chief is responsible for lives and decisions. She has to be present and ready to make the “hard choices” in real time. If Clinton was elsewhere and not directly monitoring Benghazi in real-time (as opposed to getting periodic “briefings” aside some other event), how will she act as president in a similar crisis?

    2) About That Anti-Muslim Video

    In her book Hard Choices Clinton states about Benghazi:

    There were scores of attackers that night, almost certainly with differing motives. It is inaccurate to state that every single one of them was influenced by this hateful video. It is equally inaccurate to state that none of them were. Both assertions defy not only the evidence but logic as well.

    What evidence can Clinton present that any of the Benghazi attackers were motivated by the video so offensive to Muslims? The attacks appear to have been well-coordinated and goal-oriented, not the faceless mobs content to tear down the American flag as seen in Cairo.

    For example, at 6:07 p.m. Washington time an alert from the State Department Operations Center stated the U.S. Embassy in Tripoli reported the Islamic military group “Ansar al-Sharia Claims Responsibility for Benghazi Attack”… on Facebook and Twitter and has called for an attack on Embassy Tripoli. It did not appear that the offensive video was cited.

    The UK’s Independent noted the Consulate attackers made off with documents listing names of Libyans who are working with Americans, and documents related to oil contracts.

    Why It Matters: If you cite evidence, put up or shut up. The president must speak precisely, both to avoid misunderstandings and to preserve her credibility.

    3) What is Responsibility?

    Clinton writes:

    As Secretary I was the one ultimately responsible for my people’s safety, and I never felt that responsibility more deeply than I did that day.

    Define “responsibility.” Many definitions imply some sort of relationship between being responsible, making decisions and accepting consequences. What decisions did Clinton make as Secretary of State vis-vis security in Benghazi? If delegated, to whom? What controls, management tools or other means did she employ to assure those delegates acted out her intentions?

    Why It Matters: As president, Clinton will need to delegate almost everything. If she is unable to manage that, simply saying she takes “responsibility” while shucking off consequences will undermine her leadership.

    4) More About Responsibility

    In Hard Choices, Clinton writes about the messages from Benghazi before the attack requesting more security:

    The cables were addressed to her as a ‘procedural quirk’ given her position, but didn’t actually land on her desk. “That’s not how it works. It shouldn’t. And it didn’t.”

    Fair enough. Obviously the Secretary cannot read even a fraction of what pours into the State Department. So, who were the highest level people to see those cables? What were their instructions on which issues to elevate to the Secretary and which to deal with themselves? Clearly the need for more security at Benghazi was not addressed. Following Benghazi, did Clinton initiate any internal review, leading to changes? Details are important here.

    Following Benghazi, no one in the State Department lost his/her job. No one was fired. Several people were placed on administrative leave, a kind of purgatory, until media attention focused elsewhere. All were eventually reinstated. The one person who claimed to have resigned actually just changed job titles, “resigning” from one to take on another.

    At the time, Rep. Ileana Ros-Lehtinen, R-Fla., chairwoman of the House Foreign Affairs Committee, said “the discipline is a lie and all that has happened is the shuffling of the deck chairs. That will in no way change [the] systemic failures of management and leadership in the State Department.”

    Why It Matters: God alone knows how much paper, how many memos and reports, arrive at the White House daily. The president must have staff and a system that filter the right things up and down. The country needs to have confidence that President Clinton will be able to handle that to prevent bad decisions that may lead to more tragedy. And when things go wrong, the president must be willing to shed ineffectual people and replace them with better ones.

    5) Leading

    Clinton writes of her non-appearance on television, with Susan Rice taking the lead:

    [People] fixate on the question of why I didn’t go on TV that morning, as if appearing on a talk show is the equivalent of jury duty, where one has to have a compelling reason to get out of it. I don’t see appearing on Sunday-morning television as any more of a responsibility than appearing on late-night TV. Only in Washington is the definition of talking to Americans confined to 9 A.M. on Sunday mornings.

    At the time, Susan Rice was America’s ambassador to the UN, what many saw as an unusual choice for a spokesperson for such a State Department-specific tragedy with little UN touchpoint.

    Clinton was Secretary of State, the leader of the State Department, which had just had one of its consulates overrun, and two of its employees killed, one an ambassador. Clinton admits she held “responsibility” for this. Why wouldn’t she be the person to speak of this to the American people? Indeed, it was Clinton, not Susan Rice, in the foreground of the serious, patriotic photos taken later at the Dover Air Force base when the remains of the dead were returned to the U.S. in their flag-draped coffins.

    Clinton went on to miss numerous opportunities to speak of her role regarding Benghazi.

    Why It Matters: The buck stops here, said president Harry Truman. The president needs to be the one who speaks to America, explains things that happened to Americans, the one who shows by example her role, her compassion, for those whom she sent into harm’s way. The president, to lead, can’t duck that.

    6) Information and Disinformation

    Clinton writes in her book:

    [There is a] regrettable amount of misinformation, speculation, and flat-out deceit by some in politics and the media, but new information from a number of reputable sources continues to expand our understanding of these events.

    Can Clinton be specific about what new information she is referring to, and from what sources? Can she explain how she determined these sources are reputable as opposed to those she characterizes as “flat-out deceit”?

    One Democratic talking point opposing additional investigation into Benghazi is that the event has been dissected fully and we know all there is to know, that a new hearing in Congress is simply partisan politics. But if there is new information, as Clinton says, it seems more investigation would be helpful.

    Why It Matters: A president’s word choice is very important. Precision is important and establishes credibility.

    7) Accountability

    Clinton writes that the Accountability Review Board (ARB), State’s after-action process following any tragedy abroad as significant as two employees being killed by terrorists, did not interview her for their report, by their own choice. She does not know why they did not call on her. The report was bland and singled out no one for discipline or sanction despite the deaths and the decisions (by someone) not to increase security as personnel on the ground demanded.

    Given the central role the Secretary of State and her office, delegates and staffers played in Benghazi before, during and after the crisis, how could this possibly be true? Assuming that the ARB truly found no reason whatsoever to speak to the head of an organization about arguably the most significant event of her term as head of that organization, why didn’t Clinton seek them out? Why didn’t she prepare a written statement, ask to add in her recollections? Get her role on record? Make sure history was recorded.

    The Accountability Review Board personnel were hand-selected by Clinton.

    And as John Kerry said (about Edward Snowden) “patriots don’t run away.”

    Why It Matters: Not participating in such a review process, and then dismissing such non-participation simply as “they didn’t ask,” even if true, raises significant credibility questions about the validity of the ARB and the leader who did not participate. Credibility to her own staff, as well as to the American people, is a critical thing for a president.

    If either lose faith in her, she cannot be effective. Leaders lead without excuses.

    Something Important

    OK, let’s get this out of the way. It is impossible to divorce an attempt at serious, dispassionate discourse about Benghazi from the political side promoted by Republicans and Democrats. And yes, of course, it is aimed at Hillary 2016.

    But Hillary 2016 is a big deal. If the election were held today, she’d be the next president. So maybe, albeit with some of the inevitable political mud slung alongside, we should pay attention to how she acted, if she failed to act, and whether she enjoyed some sort of cover-up/soft-sell over what really happened in Benghazi.

    To paraphrase Mrs. Clinton’s own political rhetoric as directed at then-candidate Obama, we need to know how she’ll act when that tragic 3 a.m. phone call comes through. While past performance is no guarantee of future success or failure, it is how the smart money should bet.

    What kind of president would Hillary Clinton be? Let’s ask some real questions, and hold out for real answers.



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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in Embassy/State, Police State

    FBI Makes a Video on How You Can Be a Chinese Spy

    May 23, 2014 // 20 Comments »

    Are you a bonehead? Or do you have a college-age son or daughter who is a bonehead interested in study abroad? Have we got a video for you.

    Your FBI is concerned that bonehead Americans will travel overseas to enemy-controlled territory such as China and be recruited as spies. Since this apparently happened once to one total dumbass kid, the FBI turned right around and spent a boatload of your taxpayer dollars to make a cheesy video, albeit one with professional actors and Hollywood-level technical production qualities. This video explains how to become a Chinese spy.

    The whole silly thing is a long half hour to wade through, so for those already at the airport waiting to board a flight to Asia, we’ll summarize the steps to becoming a Red spy:

    – Go to China. Make out a bit with Chinese girls. These are not spies, it’s just that Chinese girls are easy. Be seduced by the ancient culture and sleazy Asian tail. You know they like big, tall Americans, just like in those old Vietnam movies, Charlie.

    — Answer an ad on Craigslist in China. This is really what happened LOL. It seems the Chinese government will pay you, a dumbass abroad who speaks just tragically awful Mandarin, a lot of money to write “papers” on whatever, politics and stuff, with no strings attached. They will not, however, send one of those beautiful hot Chinese women as your “handler.” They will send someone who looks like your mom if she was Chinese and used to be sort of hot but really, not any more, even if you’d been drinking a little first. Very clever.

    — Your Chinese mom will soon introduce you to Mr. X. He will look and act like a Chinese Bond villain, but kinda sleazier. He will ply you with booze and hand you lots of money, because, that’s what happens in China. He will make a chess analogy. You won’t get it, but you… are… the… pawn!!!!!

    — Mr. X will encourage you to take the State Department Foreign Service Exam. In the video, the kid fails it, because of course he is a bonehead. Next, Mr. X will introduce you to Mr. Y, who somehow is even sleazier. He’ll say hello, then demand you apply for a job with the CIA, perhaps via Craigslist.

    — The stern CIA will catch you with their super-polygraph trade-craftery and you’ll go to jail. No more Chinese love affairs buddy.


    An Idiot Abroad

    The real life dumbass this instructional hygiene film is based on did indeed do all these things. He ended up charged with conspiracy to commit espionage, even though he never had a chance to enter the federal government (he couldn’t even pass the State Department test!) and was in no position to give away any secrets because he knew none.

    One assumes it was either a slow week at the FBI, or the kid was popped as a warning to other stupid Americans to just stay on campus smoking dope in L.A. and not mess around with foreign languages and their vile women. Indeed, the collegiate perp had this insider’s advice from another dumb video for his peeps studying abroad: “If someone is offering you money and it feels like you don’t have to do anything for that money, then there’s probably a hook in there that you’re not seeing.”

    Americans: That advice, about not accepting free money because there is always a hook, also applies when “Coach” invites you over to his bachelor pad to do some yardwork. On Saturday night. At midnight. In your tight jeans, specifically.

    Important Video Points

    Before you consume the video, a couple of things to watch for.

    – Note how all the Chinese in the video are nice, polite, well-spoken. Note how every American in the video is shrill and unpleasant. The FBI video crew may want to send the script back with notes for a rewrite.

    — Note how much technology and how many people the CIA and the FBI devote to luring in and arresting this kid. They even surveilled him in China! They were on to the scheme all along, just like Jack Bauer and Tom Clancy!

    — Hey Chinese spies, a tip! You want to recruit Americans who actually have access to secrets, not the nerds we send abroad during college, ‘kay?

    — But if the Chinese really want to waste their time, money and assets on recruiting idiot American college students, we should let them. Just like when the Republicans won the Cold War by tricking the Russkies into spending too much on outer space rocket defenses against the Spiders from Mars, we’ll sit back and watch China fritter away their moola, then hope they still have some left to loan us.


    One also hopes that this helpful video from the FBI is never translated into Mandarin. It is highly likely our own secret agent men are using these same tactics to lure in Chinese students in America. Wouldn’t want to tip them off…

    Anyway, here’s the FBI’s anti-spy video, along with one of its peers:




    Or maybe this???????????????????????????





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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in Embassy/State, Police State

    Torture Laid Bare at Nuremberg, and Maybe Guantanamo?

    May 7, 2014 // 19 Comments »




    In another time and place, the intentional mistreatment and torture of human beings, often with the assistance of medical doctors and learned men and women, was made public to destroy it. But open justice at Nuremberg and hidden justice at Guantanamo are so very, very different.


    Or maybe not. New details in the trial of Abd al-Rahim al-Nashiri may give the world the clearest view yet of America’s torture program.

    Nuremberg

    Following World War II the United States and its Allies could have easily executed Nazis responsible for the Holocaust at a black site, or simply have thrown them into some forever jail on an isolated, island military base. It would have been hard to find anyone who would not have supported brutally torturing them. Instead, those evil men and women were put on public trial at Nuremberg, supplied with lawyers and made to defend their actions as the evidence against them was laid bare. The point was in part to demonstrate justice, that We were better than Them. The hope was also to ensure it all would never happen again.

    Though the scale remains very different, the intentions and actions echo across the decades. The United States, as a policy of our nation, used its full range of global resources to kidnap, imprison and torture human beings for its political aims. Now, in an obscene reimaging of justice, that same United States government works to the extent of its ability to hide what it did.

    What it did was torture. Here’s how the United States is trying to hide it.

    The Sham of Justice

    Trials of a sort are ongoing at Guantanamo. The case of Abd al-Rahim al-Nashiri, a Saudi accused of orchestrating the 2000 bombing of the destroyer USS Cole, is underway.

    Nashiri was held in CIA “black sites” and was one of three prisoners that the United States admits waterboarding. The CIA’s inspector general called Nashiri the “most significant” case of a detainee who was brutalized in ways that went beyond even the tortures approved by the Bush administration, including being threatened with a power drill. A specialist in treating torture victims (prosecuters aggressively tried to disqualify the witness as an expert) testified that Nashiri had been subjected to “physical, psychological and sexual torture.” As part of his torture, Nashiri was analy raped.

    Nashiri no doubt remembers every detail: his own screams, the looks on his torturers faces as they broke him, what they said to him about freedom and America as he was beaten, raped and waterboarded. But at Guantanamo, Nashiri’s lawyers cannot introduce those tortures as part of his defense, because the U.S. government classified them. Nashiri cannot discuss the details of his own torture at his own trial, nor can his lawyers access CIA files of his torture. They are classified.

    Even the court at Guantanamo found this too far from any concept of justice, and ordered the government to release the documentation, albeit still with the classifications, to Nashiri’s lawyer.

    (BACKGROUND: At one point government prosecutors argued against the release order as too broad, stating at one point that the defense must specify exact documents by name, impossible as even such details are classified– a Catch 22. Also in Nashiri’s case, the government admitted it had “inadvertently” accessed confidential e-mails among Nashiri’s defense lawyers made via Guantanamo’s computer systems. No mistrial was declared.)


    Torture Records Sought, Fought

    Despite the court’s order that the torture records be released to the defense team (the team also seeks testimony from the CIA torturers themselves, who, if they are indeed compelled to speak of their actions in front of their victim, will be allowed to testify under false names), the government is now arguing in a new motion that they should not be required to release any records.

    The government’s argument would be funny in less dire circumstances. In an motion, prosecuters state the chief reason not to release the torture documents is that information from Gitmo should not get ahead of information that may be made public out of the White House at some vague future date.

    (BACKGROUND: The Senate Intelligence Committee voted April 3 to ask the Obama administration to declassify a lengthy executive summary of its investigative report on the torture and rendition program. The administration punted the issue to CIA claiming they had to review the document and make redactions first. There is no target date for release even now, more than a month since that process should have started.)

    The real reason for trying to block release of the documentation of Nashiri’s torture however seems darker than just wanting to avoid upstaging the White House: Prosecutors at Gitmo likely remain fearful that the unredacted documents pertaining to Nashiri’s torture may reveal far more heinous actions by the government than whatever sanitized version emerges from the CIA-edited version. Here’s why.


    Why the Government is Trying to Block Release of the Documents

    The goal of the defense in seeking the torture records is to show that Nashiri’s treatment was so outside any standards of accepted human behavior that any statements or confessions he made should not be admissible in the trial designed to determine if he should now be executed. The defense also seeks to show that the traumas purposely inflicted on Nashiri, and the lack of medical care afforded him afterwards, rendered him so psychologically damaged that he is not competent to stand trial in defense of his own life.

    At the same time, these same documents could provide the clearest picture to date of the U.S. government’s torture program. That’s what the prosecutors in Guantanamo are very likely really trying to suppress. Specifically, why is the government so scared? Have a look at what the current judge’s order requires them to produce:

    — A chronology identifying where Nashiri was held in detention between the date of his capture to the date he arrived at Guantanamo Bay, Cuba in September 2006; [NOTE: Nashiri was captured in Dubai and believed to have been held in Afghanistan, Thailand, Poland, Morocco, and Romania.]

    — A description of how Nashiri was transported between the various locations including how he was restrained and how he was clothed;

    — All records, photographs, videos and summaries the Government of the United States has in its possession which document the condition of Nashiri’s confinement at each location, and Nashiri’s conditions during each movement between the various locations; [NOTE: The CIA destroyed video of Nashiri's waterboarding in 2005.]

    — The identities of medical personnel (examining and treating physicians, psychologist, psychiatrists, mental health professionals, dentists, etc.), guard force personnel, and interrogators, whether employees of the United States Government or employees of a contractor hired by the United States Government, who had direct and substantial contact with Nashiri; [Note that former CIA case officer John Kiriakou is currently serving a sentence in federal prison for revealing the identity of a CIA staffer involved in the torture program.]

    — Copies of the standard operating procedures, policies, or guidelines on handling, moving, transporting, treating, interrogating, etc., high value detainees at and between the various facilities;

    — The employment records of individuals identified memorializing adverse action and/or positive recognition in connection with performance of duties at a facility or in transporting Nashiri between the various facilities;

    — The records of training in preparation for the performance of duties of the individuals at the various facilities or during transport of Nashiri;

    — All statements obtained from interrogators, summaries of interrogations, reports produced from interrogations, interrogations logs, and interrogator notes of interrogations of Nashiri and all co-conspirators identified on the Charge Sheet dated 15 September 2011; [Note the date. Despite the USS Cole bombing having occurred 11 years earlier, Nashiri was not charged with any crime until four days after 9/11.]

    — Un-redacted copies of requests with any accompanying justifications and legal reviews of same to employ Enhanced Interrogation Techniques on Nashiri and all co-conspirators;

    — Un-redacted copies of documents memorializing decisions (approving or disapproving), with any additional guidance, on requests to employ Enhanced Interrogation Techniques on Nashiri and all co-conspirators.


    What if Nashiri Wins?

    Ahead, many things are unclear. Prosecutors may win their motion now in front of the Gitmo judge, meaning some or all of the documents will not be released. They may succeed in editing or redacting what is released. They may block Nashiri’s lawyers from discussing in any public forum what is contained in the documents, meaning even their release will never see the information leave Guantanamo.

    But what if Nashiri wins?

    If, against very long odds, Nashiri wins, and if some or all of the documents are made public, the world will learn in much of the same banal evil of detail as from Nuremburg what the United States has done in the name of its own twisted definition of freedom.

    The world will learn– maybe by name– who did these things and thus have the ability to someday hold them responsible for their acts, should we acquire the courage to do so. It will learn in part who authorized and approved torture, and what efforts were made to train and equip the men and women who carried out that torture.

    Of most value to us all is that these detailed records from the case of Nashiri will pressure Obama to release the more comprehensive record of torture he and his CIA now hold in their hands. The sanitized version of events the White House would likely prefer to release would not stand up to the details that might be heard in Guantanamo.

    Obama and the CIA have to feel now that the troops are closing in on their bunker in Berlin. What will they do, now, with their enemy at the gates?

    We learned significant details of the torture program already out of Guantanamo, through the testimony of a psychiatrist in the trial of Shaker Aamer.




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    Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

    Posted in Embassy/State, Police State

    Kidnapping, Torture, Assassination, and Perjury Are No Longer Crimes in Washington

    April 23, 2014 // 8 Comments »

    (This guest blog post, by Tom Engelhardt, originally appeared on TomDispatch and is reprinted both by permission, and also because it is worth reading.)

    How the mighty have fallen.  Once known as “Obama’s favorite general,” James Cartwright will soon don a prison uniform and, thanks to a plea deal, spend 13 months behind bars.  Involved in setting up the earliest military cyberforce inside U.S. Strategic Command, which he led from 2004 to 2007, Cartwright also played a role in launching the first cyberwar in history — the release of the Stuxnet virus against Iran’s nuclear program.  A Justice Department investigation found that, in 2012, he leaked information on the development of that virus to David Sanger of the New York Times. The result: a front-page piece revealing its existence, and so the American cyber-campaign against Iran, to the American public.  It was considered a serious breach of national security.  On Thursday, the retired four-star general stood in front of a U.S. district judge who told him that his “criminal act” was “a very serious one” and had been “committed by a national security expert who lost his moral compass.” It was a remarkable ending for a man who nearly reached the heights of Pentagon power, was almost appointed chairman of the Joint Chiefs of Staff, and had the president’s ear.

    In fact, Gen. James Cartwright has not gone to jail and the above paragraph remains — as yet — a grim Washington fairy tale.  There is indeed a Justice Department investigation open against the president’s “favorite general” (as Washington scribe to the stars Bob Woodward once labeled him) for the possible leaking of information on that virus to the New York Times, but that’s all.  He remains quite active in private life, holding the Harold Brown Chair in Defense Policy Studies at the Center for Strategic and International Studies, as a consultant to ABC News, and on the board of Raytheon, among other things. He has suffered but a single penalty so far: he was stripped of his security clearance.

    A different leaker actually agreed to that plea deal for the 13-month jail term.  Nearly three weeks ago, ex-State Department intelligence analyst Stephen E. Kim pled guilty to “an unauthorized disclosure of national defense information.”  He stood before U.S. District Judge Colleen Kollar-Kotelly, who offered those stern words of admonition, and took responsibility for passing classified information on the North Korean nuclear program to Fox News reporter James Rosen in 2009. 

    Still, someday Cartwright might prove to be unique in the annals of Obama era jurisprudence — the only Washington figure of any significance in these years to be given a jail sentence for a crime of state.  Whatever happens to him, his ongoing case highlights a singular fact: that there is but one crime for which anyone in America’s national security state can be held accountable in a court of law, and that’s leaking information that might put those in it in a bad light or simply let the American public know something more about what its government is really doing.

    If this weren’t Washington 2014, but rather George Orwell’s novel 1984, then the sign emblazoned on the front of the Ministry of Truth — “War is Peace, Freedom is Slavery, Ignorance is Strength” — would have to be amended to add a fourth slogan: Knowledge is Crime.

    Seven Free Passes for the National Security State

    With Cartwright as a possible exception, the members of the national security state, unlike the rest of us, exist in what might be called “post-legal” America.  They know that, no matter how heinous the crime, they will not be brought to justice for it.  The list of potentially serious criminal acts for which no one has had to take responsibility in a court of law is long, and never tabulated in one place.  Consider this, then, an initial run-down on seven of the most obvious crimes and misdemeanors of this era for which no one has been held accountable.

    *Kidnapping: After 9/11, the CIA got into kidnapping in a big way.  At least 136 “terror suspects” and possibly many more (including completely innocent people) were kidnapped off the streets of global cities, as well as from the backlands of the planet, often with the help of local police or intelligence agencies.  Fifty-four other countries were enlisted in the enterprise.  The prisoners were delivered either into the Bush administration’s secret global system of prisons, also known as “black sites,” to be detained and mistreated, or they were “rendered” directly into the hands of torturing regimes from Egypt to Uzbekistan.  No American involved has been brought to court for such illegal acts (nor did the American government ever offer an apology, no less restitution to anyone it kidnapped, even those who turned out not to be “terror suspects”).  One set of CIA agents was, however, indicted in Italy for a kidnapping and rendition to Egypt.  Among them was the Agency’s Milan station chief Robert Seldon Lady.  He had achieved brief notoriety for overseeing a la dolce vita version of rendition and later fled the country for the United States.  Last year, he was briefly taken into custody in Panama, only to be spirited out of that country and back to safety by the U.S. government.

    *Torture (and other abuses): Similarly, it will be no news to anyone that, in their infamous “torture memos,” officials of the Bush Justice Department freed CIA interrogators to “take the gloves off” and use what were euphemistically called “enhanced interrogation techniques” against offshore prisoners in the Global War on Terror.  These “techniques” included “waterboarding,” once known as “the water torture,” and long accepted even in this country as a form of torture.  On coming to office, President Obama rejected these practices, but refused to prosecute those who practiced them.  Not a single CIA agent or private contractor involved was ever charged, no less brought to trial, nor was anyone in the Bush Justice Department or the rest of an administration which green-lighted these practices and whose top officials reportedly saw them demonstrated in the White House.

    To be accurate, a single member of the national security state has gone to prison thanks to the CIA’s torture program.  That was John Kiriakou, a former CIA agent who tortured no one, but offended the Obama administrations by turning whistleblower and going public about Agency torture.  He is now serving a 30-month prison sentence “for disclosing a covert operative’s name to a reporter.” In other words, the only crime that could be prosecuted in connection with the Agency’s torture campaign was one that threatened to let the American public know more about it.

    Now, however, thanks to leaks from the embattled Senate Intelligence Committee’s 6,300-page report on the CIA’s interrogation and torture program, we know that the Agency “used interrogation methods that weren’t approved by the Justice Department or CIA headquarters.”  In other words, its agents went beyond even those techniques approved in the torture memos, which in turn means that they acted illegally even by the standards of the Bush administration.  This should be an obvious signal for the beginning of prosecutions, but — not surprisingly — it looks like the only prosecution on the horizon might be of whoever leaked parts of the unreleased Senate report to McClatchy News.

    *The destruction of evidence of a crime: To purposely destroy evidence in order to impede a future investigation of possible criminal acts is itself, of course, a crime.  We know that such a thing did indeed happen.  Jose Rodriguez, Jr., the head of CIA clandestine operations, destroyed 92 videotapes of the repeated waterboardings of Khalid Sheikh Mohammed, who planned the 9/11 attacks, and alleged al-Qaeda operative Abu Zubaydah, “tapes that he had been explicitly told to preserve as part of an official investigation.”  The Justice Department investigated his act, but never charged him.  He has since defended himself in a book, Hard Measures, saying that he was, in essence, “tired of waiting for Washington’s bureaucracy to make a decision that protected American lives.”  He is still free and writing op-eds for the Washington Post defending the interrogation program whose tapes he destroyed.

    *The planning of an extralegal prison system: As is now well known, a global network of extralegal prisons, or “black sites,” at which acts of torture and abuse of every sort could be committed was set up at the wishes of the highest officials of the Bush administration.  This system was created specifically to avoid putting terror suspects into the U.S. legal system.  In that sense, it was by definition extralegal, if not illegal.  It represented, that is, a concerted effort to avoid any of the constraints or oversight that U.S. law or the U.S. courts might have imposed on the treatment of detainees.  This was a well-planned crime committed not under the rubric of war against any specific power, but of a global war without end against al-Qaeda and like-minded groups.

    *The killing of detainees in that extralegal system: The deaths of detainees in CIA custody in offshore (or borrowed) prisons as a result of harsh treatment ordered by their Agency handlers was not considered a crime.  In two cases — in the “Salt Pit” in Afghanistan and at Abu Ghraib prison in Iraq — such deaths were investigated by the Justice Department, but no one was ever charged.  In the case of Gul Rahman, the prisoner in the Salt Pit, according to the Washington Post, “a CIA officer allegedly ordered Afghan guards in November 2002 to strip Rahman and chain him to the concrete floor of his cell. Temperatures plunged overnight, and Rahman froze to death. Hypothermia was listed as the cause of death and Rahman was buried in an unmarked grave.”  (In a rare case brought before a military court, a low-level Army interrogator was convicted of “killing an Iraqi general by stuffing him face-first into a sleeping bag,” and sentenced to “forfeit $6,000 of his salary over the next four months, receive a formal reprimand, and spend 60 days restricted to his home, office, and church.”)

    *Assassination: Once upon a time, off-the-books assassination was generally a rare act of state and always one that presidents could deny responsibility for.  Now, it is part of everyday life in the White House and at the CIA.  The president’s role as assassin-in-chief, as the man who quite literally makes the final decision on whom to kill, has been all-but-publicly promoted as a political plus.  The drone assassination campaigns in Pakistan, Yemen, and Somalia, though “covert” and run by a civilian agency (with much secret help from the U.S. Air Force) are openly reported on in the media and discussed as a seeming point of pride by those involved.  In 2009, for instance, then-CIA Director Leon Panetta didn’t hesitate to enthusiastically praise the drone attacks in Pakistan as “the only game in town.” And best of all, they are “legal.”  We know this because the White House had the Justice Department prepare a 50-page document on their legality that it has refused to release to the public.  In these campaigns in the backlands of distant places where there are seldom reporters, we nonetheless know that thousands of people have died, including significant numbers of children.  Being run by a civilian agency, they cannot in any normal sense be “acts of war.”  In another world, they would certainly be considered illegal and possibly war crimes, as Christof Heyns, the U.N. special rapporteur on extrajudicial killings, has suggested.  Top officials have taken responsibility for these acts, including the drone killings in Yemen of four American citizens condemned to death by a White House that has enthusiastically taken on the role of judge, jury, and executioner.  No one involved, however, will ever see a day in court.

    *Perjury before Congress: Lying to Congress in public testimony is, of course, perjury.  Among others, we know that Director of National Intelligence James Clapper committed it in a strikingly bald-faced way on March 12, 2013.  When asked by Senator Ron Wyden whether the NSA had gathered “any type of data at all on millions or hundreds of millions of Americans” — a question submitted to him a day in advance — Clapper answered, “No, sir.  Not wittingly. There are cases where they could inadvertently perhaps collect, but not wittingly.”  This was a lie, pure and simple, as the Snowden revelations on the NSA’s gathering of phone metadata on all Americans (including, assumedly, our congressional representatives) would later make clear.  Clapper subsequently apologized, saying that he spoke in what he called “the least untruthful” way possible, which, were crime on anyone’s mind, would essentially have been a confession.  Congress did nothing.  Just in case you wondered, Clapper remains the director of national intelligence with the “support” of the president.

    Mind you, the above seven categories don’t even take into account the sort of warrantless surveillance of Americans that should have put someone in a court of law, or the ways in which various warrior corporations overbilled or cheated the government in its war zones, or the ways private contractors “ran wild” in those same zones.  Even relatively low-level crimes by minor figures in the national security state have normally not been criminalized.  Take, for example, the private surveillance of and cyberstalking of “love interests,” or “LOVEINT,” by NSA employees using government surveillance systems.  The NSA claims that at least one employee was “disciplined” for this, but no one was taken to court.  A rare exception: a number of low level military figures in the Abu Ghraib scandal were tried for their abusive actions, convicted, and sent to jail, though no one higher than a colonel was held accountable in court for those infamously systematic and organized acts of torture and abuse.

    Too Big to Fail, National Security-Style

    All in all, as with the banks after the meltdown of 2007-2008, even the most obvious of national security state crimes seem to fall into a “too big to fail”-like category.  Call it “too big to jail.”  The only crime that repeatedly makes it out of the investigative phase and into court — as with Stephen Kim, Chelsea Manning, and John Kiriakou — is revealing information the national security state holds dear.  On that, the Obama administration has been fierce and prosecutorial.

    Despite the claims of national security breaches in such cases, most of the leakers and whistleblowers of our moment have had little to offer in the way of information that might benefit Washington’s official enemies.  What Kim told Fox News about the North Korean nuclear program was hardly likely to have been news to the North Koreans, just as the Iranians are believed to have already known what General Cartwright may have leaked to the Times about the origins of the Stuxnet virus.

    Of course, leaking is a habit that’s often considered quite useful by those in power.  It’s little short of a sport in Washington, done whenever officials feel it to be to their advantage or the advantage of an administration, even if what’s at stake are “secret” programs like the CIA’s drone campaign in Pakistan.  What’s still up in the air — and to be tested — is whether leaking information in the government’s supposed interest could, in fact, be a crime.  And that’s where General Cartwright comes in.  If there is, in fact, but a single crime that can be committed within the national security state for which our leaders now believe jail time is appropriate, how wide is the category and is knowledge always a crime when it ends up in the wrong brains?

    If there were one man of power and prominence who might join Kim, Kiriakou, Manning, and Edward Snowden (should the U.S. government ever get its hands on him), it might be Cartwright.  It’s a long shot, but here’s what he doesn’t have going for him.  He was an insider who was evidently an outsider.  He was considered “a lone wolf” who went to the president privately, behind the backs of, and to the evident dismay of, the chairman of the Joint Chiefs and the Secretary of Defense.  He seems to have had few supporters in the Pentagon and to have alienated key Republican senators.  He could, in short, prove the single sacrificial lamb in the national security state.

    In Washington today, knowledge is the only crime.  That’s a political reality of the twenty-first century.  Get used to it.




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    Posted in Embassy/State, Police State

    CIA, Senate and a Constitutional Crisis (if you’ll keep it)

    March 12, 2014 // 20 Comments »




    Even for someone cynical and jaded, it is still possible to be gobsmacked by the news. We are witnessing extraordinary events in the history of our nation.

    Speaking in reference to revelations that the CIA searched computers being used by Senate staffers, and removed documents those staffers had received from the CIA detailing its post-9/11 torture program, Senate Intelligence Committee Chairman Dianne Feinstein said:


    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.

    [CIA actions] 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.

    We will bypass for now the hypocrisy of Feinstein complaining that her own Fourth Amendment rights were trod upon, given that she has until now enthusiastically supported the government’s rape of our own rights through unwarranted surveillance. There are bigger fish to fry this round.

    Torture

    As almost a side note, it is very clear now that there are things in those deleted CIA files that the CIA and the White House are willing to go to extraordinary lengths to hide. Recall that the CIA destroyed without punishment or sanction video tapes of the torture sessions.

    Feinstein said “The interrogations and the conditions of confinement at the CIA detentions sites were far different and far more harsh than the way the CIA had described them to us” and emphasized that her committee’s report would detail “the horrible details of the CIA program that never, never, never should have existed.”

    It is likely the files the CIA pulled out of the Senate’s hands would reveal two presidents have lied to the world about the torture program, and that horrors beyond what we know were committed in our names. What did they do to other humans?


    Beyond Torture

    But we are past the question of torture. What is happening here is a Constitutional crisis. If Feinstein does not have CIA Director Brennan up before her Senate committee immediately, and if she does not call for his resignation and if the president remains silent (“We need to allow Justice to complete its investigation”) then we have witnessed the essential elements of a coup; at the very least, the collapse of the third of the government charged with oversight of the executive.

    That oversight– those Constitutional checks and balances– are the difference between a democracy and a monarchy. They are what contains executive power and makes it responsible to the People. But like Jenga, pull out the important one and the whole thing falls.

    A Last Question

    The only question remaining then is whether the president is part of the coup, or another victim of it. Is he in charge, or are the intelligence agencies? We may have an answer soon. CIA Director Brennan said:


    If I did something wrong, I will go to the president and I will explain to him what I did and what the findings were. And he is the one who can ask me to stay or to go.

    So far, the White House response has been to ignore the challenge:


    President Obama has “great confidence” in Brennan, Carney said during his daily briefing. He added that if there has been any “inappropriate activity,” the president “would want to get to the bottom of it.”

    Carney added later Obama administration lawyers were told about the CIA’s intentions to have the Department of Justice investigate Senate staffers for potentially stealing classified documents they sought to hold on to after the CIA tried to delete them but did not approve or weigh in on the agency’s decision. One must ask: why the f*ck not?

    Brennan has challenged the president to act. What the president does will tell us much about the future of our democracy. As radio host Guillermo Jimenez has said, “On this Grand Chessboard, it is We the People who are now in check. It’s our move.”




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    Posted in Embassy/State, Police State

    Review: Nick Turse’s Kill Anything That Moves: The Real American War in Vietnam

    April 25, 2013 // 12 Comments »

    There are ghosts in Washington that few will talk about, roaming the halls of the Pentagon, inside the State Department and the CIA, and at the White House, moaning “Vietnam, Vietnam.” Nick Turse, in his new book Kill Anything That Moves: The Real American War in Vietnam, awakens those ghosts and gives them a voice, and in the process has written one of the most important books about the American War in Vietnam. As America again makes war on an industrial scale on nations far less advanced, and commits again torture, assassinations, mass killings and keeps secret prisons while all the while trying to hide its dirty hands from the American public, that Turse’s book was published in 2013 is no accident.

    Kill Anything That Moves is a painstaking, detailed, minutely-cataloged 370 pages of the atrocities America committed in Vietnam . Like much of the scholarship of the Holocaust, Turse seeks to document in straight forward, simple language what happened so that no one will be able to someday pretend—as the men who run from the ghosts in Washington now do—that it never happened. To make clear his intent, Turse gives us a trail to follow, 85 dense pages of sources and footnotes.

    What Happened

    The slaughter at My Lai is the signature event for most Vietnam war historians (the massacre took place almost 45 years ago to date, on March 16, 1968), the single instance, the aberration, the time when a small group of poorly-led soldiers went rogue and gunned down civilians. There were photos this time. Everything else, TV and movies tell us, is an exaggeration, propaganda, the drunken and drugged memories of freaked out veterans who came to hold Jane Fonda in too high a regard.

    What really happened is Turse’s story. His book began with a different focus when as a graduate student in Public Health, Turse began looking into post-traumatic stress disorder (PTSD) among Vietnam vets. By chance an archivist asked Turse whether he thought witnessing war crimes might be a cause of PTSD and directed Turse to the forgotten papers of the Vietnam War Crimes Working Group. That group had been set up by the military in the wake of My Lai to compile information on atrocities, not so much to punish the guilty as to “to ensure that the army would never again be caught off-guard by a major war crimes scandal.” Turse tells us the group’s findings were mostly kept under cover and the witnesses who reported the crimes were ignored, discredited or pushed into silence.

    Until Now

    Kill Anything That Moves is a hard book to read. You want to look away but finally turn the pages and read of mass killings and targeted assassinations of Vietnamese civilians, rape committed casually and coldly in sight of officers, sport killings and road rage incidents. Turse painstakingly documents each incident, in many cases starting with the War Crimes Working Group reports and then adding his own first-person interviews conducted in Vietnam with eye witnesses. Mostly aged, the witnesses speak calmly now, and Turse reports what they say without embellishment. Still, the ghosts are there and you half expect to see drops of sweat on the pages.

    But however horrific the many, many individual acts of brutality are to read about, Turse’s larger conclusion is even worse. Turse comes to understand that most of the atrocities were committed with official sanction, in fact, were committed because of U.S. policy that demanded body counts, number of “enemy” killed, as the borderless war’s only metric of accomplishment. He writes, “U.S. commanders wasted ammunition like millionaires and hoarded American lives like misers, and often treated Vietnamese lives as if they were worth nothing at all.”

    Officers, seeking validation and promotion, made it clear in case after case that their troops must come back from the field with a high body count. Given that demand, standards of accountability were purposefully loose. Any Vietnamese man killed was labeled Viet Cong (VC). When that number was not enough, orders were given to sweep through areas and kill anything that moved or ran, man, woman or child, on the assumption that only a Viet Cong would run. When even that tally was insufficient, civilians were executed in place, the soldiers planting captured Chinese weapons on them to justify the ‘Count. Once reality became so flexible, soldiers lost touch with any standard, creating “rules” that allowed them to kill everyone—if she stands still she is a trained VC, if she runs she is a VC taking evasive action. If men are present the village is VC, if men are missing the village has sent its males off to fight with the VC and so either way, burn it all down.

    America’s actions were, in Turse’s words, “Not a few random massacres… But a system of suffering.” The deaths were “widespread, routine and directly attributable to U.S. command policies.”

    In short, the atrocities were not war crimes, they were policy.

    Iraq is the Arabic Word for Vietnam

    Nick Turse’s book wasn’t published by accident in 2013. While it details terrible, terrible things Americans did in Vietnam some 45 or more years ago, one need only open a web browser to see that the atrocities have not stopped—call them out now, Abu Ghraib, Guantanamo, the secret CIA prisons across the world, the black sites in Afghanistan.

    As the Iraq War sputtered to a close, at least for America, Liz Sly of the Washington Post wrote a sad, important story about the legacy of the U.S. invasion and occupation of Iraq.

    The story highlights, if that word is even permissible here, some of the long series of atrocities committed by the U.S. in Iraq, instances where our killing of civilians, whether by accident or purposeful or something smeared in-between, ruined any chance that the U.S. could in fact capture those hearts and minds and build a stable society in our image. We could hold ground with tanks but only achieve our broader national security goals via memory. It was true in Vietnam, and it will be true in Syria or the Horn of Africa or wherever we drag the fight on to next. Vietnam’s CIA assassination program, Phoenix, was just a low-tech version of today’s drone killings.

    While focusing on the massacre at Haditha, Sly also referenced the killings at Nisoor Square by Blackwater under the “control” of the State Department and several other examples. In a sad coda to the war, even online she did not have space to touch upon all of the incidents, so ones like the aerial gunning down of civilians captured so brilliantly in the film Incident in New Baghdad, or the rape-murder of a child and her family from the book Black Hearts, are missing. There are just too many.

    Accountability?

    Sly’s article quotes retired Army Colonel Pete Mansoor, who commanded a combat brigade in Baghdad in 2003-04 and then returned as executive officer to David Petraeus during the Surge, explaining the fog of war, the ambiguity of decision making in a chaotic urban counter-insurgency struggle, and exonerating those who made wrong, fatal decisions by saying “when you look at it from the soldiers’ point of view, it was justified. It’s very hard.”

    Though I doubt he would find many Iraqis who would agree with him, and though I do doubt Mansoor would accept a similar statement by an Iraqi (“Sorry we killed your soldiers, it was hard to tell the good ones from the bad ones”), his point carries some truth. I cannot let this review of Nick Turse’s book end without asking the bigger questions outside of his scope as a documentarian.

    The issue is not so much how/when/should we assign blame and punishment to an individual soldier, but to raise the stakes and ask: why have we not assigned blame and demanded punishment for the leaders who put those 19-year-old soldiers into the impossible situations they faced? Before we throw away the life of a kid who shot when he should not have done so, why don’t we demand justice for those in the highest seats of power for creating wars that create such fertile ground for atrocity? The chain of responsibility for the legacy left behind in our wars runs high.

    In this rare moment of American reflection Turse’s book offers, ask the bigger question, demand the bigger answer. Those Vietnamese, those Iraqis, those Afghans — and those Americans — killed and died because they were put there to do so by the decisions of our leaders. Hold them accountable for their actions, hold them accountable for America.

    Kill Anything That Moves: The Real American War in Vietnam is available from Amazon.com




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    Posted in Embassy/State, Police State

    You are Not a Person, Anwar al-Awlaki

    March 13, 2013 // 11 Comments »

    This article originally appeared on the Huffington Post.

    Though I spent 24 years working for the State Department as a Consular Officer, charged in part with the issuance and (very rarely) revocation of U.S. passports, there is still room to learn something new: The Government of the United States can, and apparently does, take away passports from American Citizens because “The Secretary of State determines that the applicant’s activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.”

    If the government feels it is against its interest for you to have a passport and thus the freedom to travel, to depart the United States if you wish to, it will just take it away. The law allows them to do this prospectively, the “or are likely to cause…” part of the law, meaning you don’t need to have done anything. The government just needs to decide that you might.

    We learned via a Judicial Watch Freedom of Information Act request that prior to having him and his 16 year old son away blown away via drone in 2011, Secretary of State Hillary Clinton secretly revoked the passport of Anwar al-Awlaki, al Qaeda propagandist and U.S. Citizen. The State Department even tried to invite al-Awlaki into the U.S. Embassy in Yemen so they could hand him a letter announcing the revocation and so that they could encourage him to return to the U.S. to face charges. Six months later (al-Awlaki never dropped by the Embassy, by the way), the U.S. Government simply killed him. Two weeks after that it killed his 16 year old son.

    I have been unable to track down many recent examples where the U.S. Government revoked the passport of an American simply because his/her presence abroad bothered– or might bother– the Secretary of State. In fact, the only example I was able to locate was that of infamous ex-CIA officer Phillip Agee, who in the 1970’s exposed CIA officers identities. It was Agee’s case that prompted a Supreme Court review of the Department of State’s ability to revoke passports simply because the government didn’t want you to travel abroad (the Supreme’s upheld the government’s ability to do so based on a 1926 law after lower courts said no. The Court stated that “The right to hold a passport is subordinate to national security and foreign policy considerations.”)

    Agee was a naughty boy. According to the Supreme Court:

    In 1974, Agee called a press conference in London to announce his “campaign to fight the United States CIA wherever it is operating. He declared his intent “to expose CIA officers and agents and to take the measures necessary to drive them out of the countries where they are operating.” Since 1974, Agee has, by his own assertion, devoted consistent effort to that program, and he has traveled extensively in other countries in order to carry it out. To identify CIA personnel in a particular country, Agee goes to the target country and consults sources in local diplomatic circles whom he knows from his prior service in the United States Government. He recruits collaborators and trains them in clandestine techniques designed to expose the “cover” of CIA employees and sources. Agee and his collaborators have repeatedly and publicly identified individuals and organizations located in foreign countries as undercover CIA agents, employees, or sources. The record reveals that the identifications divulge classified information, violate Agee’s express contract not to make any public statements about Agency matters without prior clearance by the Agency, have prejudiced the ability of the United States to obtain intelligence, and have been followed by episodes of violence against the persons and organizations identified.


    In Anwar Al-Awlaki’s case, the Government has not made much of a case (never mind for the passport, remember he was murdered by a drone). In fact, officially, we do not know why al-Awlaki was killed at all, or under what laws or by what decision process. Some reports tie him to the failed idiot underwear bomber, but being part of a failed plot seems not to rise to the usual standard for capital punishment. It is all secret.

    The Government of the United States executed one of its own citizens abroad without any form of due process. This is generally seen as a no-no as far as the Bill of Rights goes. The silly old Fifth Amendment to the Constitution guarantees “no person shall be deprived of life without due process of law” and includes no exceptions for war, terrorism, or being a really bad human being.

    Could the passport revocation have been simply a ruse, a bureaucratic CYA attempt at providing some sort of illusion of “due process?” Could al-Awlaki’s not dropping by the U.S. Embassy to chat about his passport have been a veiled attempt to justify his killing in that he was thus not able to be arrested? Or was the passport revocation just a simple act of dehumanizing someone to make killing him that much more palatable?

    We’ll never know.



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    Posted in Embassy/State, Police State

    Meanwhile, “Ten Things You Should Know About the State Department”

    January 30, 2013 // 13 Comments »

    Your Department of State, right on the cusp of budget time, has released a self-pleasuring “fact sheet” of what it thinks it does with your tax money, helpfully titled “Ten Things You Should Know About the State Department.”

    Some of it is over-the-top performance art hilarious, like the unsupported statement that “We directly support 20 million U.S. jobs (No. 1)” and “In South Sudan, Libya and many other countries we worked through various means to foster democracy and peace (No. 3)” But in light og recent personnel moves at State, let’s look at Number 8 in full:

    8. We promote the rule of law and protect human dignity. We help people in other countries find freedom and shape their own destinies. Reflecting U.S. values, we advocate for the release of prisoners of conscience, prevent political activists from suffering abuse, train police officers to combat sex trafficking and equip journalists to hold their governments accountable.


    Meanwhile, over in reality, the same State Department reassigned its special envoy for closing the U.S. prison at Guantanamo Bay, in another step away from one of Obama’s first campaign promises. Ambassador Daniel Fried (hah hah, his name is really “Fried”) is starting this week as the Department’s sanctions coordinator, according to an internal notice, focusing on governments like Iran and Syria. No one is replacing Fried to persuade countries to resettle Guantanamo inmates approved for release. Instead, those responsibilities will now transfer to the Department’s legal office where the tired Washington-bound lawyers will no doubt welcome the additional workload.

    The reduced diplomatic effort comes as a military tribunal holds more hearings into the case of alleged 9/11 mastermind Khalid Sheikh Mohammed and five other defendants who face almost 3,000 counts of murder. They could get the death penalty if convicted.

    And as for the last line in Number 8, “equip journalists to hold their governments accountable,” it is fun to note that the military judge presiding over the trial of the five men accused of organizing the Sept. 11, 2001, terrorist attacks declined to explain a mysterious episode in which the audio and video feeds to the proceedings were severed, cutting journalists off from covering the trial. All details of CIA secret prisons and torture are considered classified and are censored from what journalists may hear.

    A Justice Department lawyer on the prosecution team, said the “original classification authority” reviews the feeds. The authority referred to almost certainly is the CIA in the case of material related to secret overseas prisons. Agency personnel apparently monitor and have a previously undisclosed ability to cut the feed, for freedom.



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    Posted in Embassy/State, Police State

    John Kiriakou, Scooter Libby and the Myth of Justice

    January 28, 2013 // 23 Comments »

    John Kiriakou, a former CIA officer, pleaded guilty to leaking the identity of one of the agency’s covert operatives to a reporter and was sentenced on January 24, 2013 to two and a half years in prison. As part of a plea deal, prosecutors dropped charges that had been filed under the World War I-era Espionage Act.

    District Judge Leonie Brinkema noted the two and a half-year term was identical to that imposed on Scooter Libby, the chief of staff to former Vice President Dick Cheney. Libby was convicted of leaking the covert identity of CIA operative Valerie Plame in a politically-motivated attack on her husband in the run-up to the invasion of Iraq. Libby’s sentence was commuted by President George W. Bush to zero, while Kiriakou will be required to serve his full time.

    In an America where the same crime is treated ever so differently– leak a name to help George W. Bush and get a reprieve, leak a name to expose torture and go to jail– Kiriakou’s story is worth repeating today.


    In a Galaxy Far, Far Away

    Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.

    A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?

    At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.

    It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claims the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges result from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou is accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    Many observers believe however that the real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Zubaydah was at the time believed to be an al-Qaeda leader, though more likely was at best a mid-level operative. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work. He maintains that his is instead a First Amendment case in which a whistleblower is being punished, that it is a selective prosecution to scare government insiders into silence when they see something wrong.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. John Kiriakou is staring down a long tunnel of 30 months in jail because in the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.


    Welcome to the Jungle

    John Kiriakou and I share common attorneys through the Government Accountability Project, and I’ve had the chance to talk with him on any number of occasions. He is soft-spoken, thoughtful, and quick to laugh at a bad joke. When the subject turns to his case, and the way the government has treated him, however, things darken. His sentences get shorter and the quick smile disappears.

    He understands the role his government has chosen for him: the head on a stick, the example, the message to everyone else involved in the horrors of post-9/11 America. Do the country’s dirty work, kidnap, kill, imprison, torture, and we’ll cover for you. Destroy the evidence of all that and we’ll reward you. But speak out, and expect to be punished.

    Like so many of us who have served the U.S. government honorably only to have its full force turned against us for an act or acts of conscience, the pain comes in trying to reconcile the two images of the U.S. government in your head. It’s like trying to process the actions of an abusive father you still want to love.

    One of Kiriakou’s representatives, attorney Jesselyn Radack, told me, “It is a miscarriage of justice that John Kiriakou is the only person indicted in relation to the Bush-era torture program. The historic import cannot be understated. If a crime as egregious as state-sponsored torture can go unpunished, we lose all moral standing to condemn other governments’ human rights violations. By ‘looking forward, not backward’ we have taken a giant leap into the past.”

    One former CIA covert officer, who uses the pen name “Ishmael Jones,” laid out a potential defense for Kiriakou: “Witness after witness could explain to the jury that Mr. Kiriakou is being selectively prosecuted, that his leaks are nothing compared to leaks by Obama administration officials and senior CIA bureaucrats. Witness after witness could show the jury that for any secret material published by Mr. Kiriakou, the books of senior CIA bureaucrats contain many times as much. Former CIA chief George Tenet wrote a book in 2007, approved by CIA censors, that contains dozens of pieces of classified information — names and enough information to find names.”

    If only it was really that easy.


    Never Again

    For at least six years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters. Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watching what is happening to John Kiriakou and thinking: not me, I’m not sticking my neck out to see it get chopped off. They’re almost forgivable, even if they are placing their own self-interest above that of their country. But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that is hunting down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.


    John Kiriakou maintains a personal web page, which includes information on how to donate to his legal expenses fund if you so wish.

    Kiriakou, alongside whistleblowers such as Tom Drake and myself, appears in the upcoming documentary SILENCED, now in production. The film explores the steep personal price paid by those who challenge national security policy in post 9-11 America.



    Originally published September 11, 2012 on TomDispatch.com, with updates on John’s sentencing.



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    Posted in Embassy/State, Police State

    An All-American Nightmare

    January 14, 2013 // 33 Comments »

    This article was originally published on Salon.com, December 18, 2012

    Why Zero Dark Thirty Won’t Settle the Torture Question or Purge Torture From the American System

    If you look backward you see a nightmare. If you look forward you become the nightmare.

    There’s one particular nightmare that Americans need to face: in the first decade of the twenty-first century we tortured people as national policy. One day, we’re going to have to confront the reality of what that meant, of what effect it had on its victims and on us, too, we who condoned, supported, or at least allowed it to happen, either passively or with guilty (or guiltless) gusto. If not, torture won’t go away. It can’t be disappeared like the body of a political prisoner, or conveniently deep-sixed simply by wishing it elsewhere or pretending it never happened or closing our bureaucratic eyes. After the fact, torture can only be dealt with by staring directly into the nightmare that changed us — that, like it or not, helped make us who we now are.

    The president, a Nobel Peace Prize winner, has made it clear that no further investigations or inquiries will be made into America’s decade of torture. His Justice Department failed to prosecute a single torturer or any of those who helped cover up evidence of the torture practices.  But it did deliver a jail sentence to one ex-CIA officer who refused to be trained to torture and was among the first at the CIA to publicly admit that the torture program was real.

    At what passes for trials at our prison camp in Guantanamo, Cuba, disclosure of the details of torture is forbidden, effectively preventing anyone from learning anything about what the CIA did with its victims. We are encouraged to do what’s best for America and, as Barack Obama put it, “look forward, not backward,” with the same zeal as, after 9/11, we were encouraged to save America by going shopping.


    Looking into the Eyes of the Tortured

    Torture does not leave its victims, nor does it leave a nation that condones it. As an act, it is all about pain, but even more about degradation and humiliation. It destroys its victims, but also demeans those who perpetrate it. I know, because in the course of my 24 years as a State Department officer, I spoke with two men who had been tortured, both by allies of the United States and with at least the tacit approval of Washington. While these men were tortured, Americans in a position to know chose to look the other way for reasons of politics. These men were not movie characters, but complex flesh-and-blood human beings. Meet just one of them once and, I assure you, you’ll never follow the president’s guidance and move forward trying to forget.


    The Korean Poet

    The first victim was a Korean poet. I was in Korea at the time as a visa officer working for the State Department at the U.S. Embassy in Seoul. Persons with serious criminal records are normally ineligible to travel to the United States. There is, however, an exception in the law for political crimes. It was initially carved out for Soviet dissidents during the Cold War years. I spoke to the poet as he applied for a visa to determine if his arrest had indeed been “political” and so not a disqualification for his trip to the U.S.

    Under the brutal military dictatorship of Park Chung Hee, the poet was tortured for writing anti-government verse. To younger Americans, South Korea is the land of “Gangnam Style,” of fashionable clothing and cool, cool electronics. However, within Psy’s lifetime, his nation was ruled by a series of military autocrats, supported by the United States in the interest of “national security.”

    The poet quietly explained to me that, after his work came to the notice of the powers that be, he was taken from his apartment to a small underground cell. Soon, two men arrived and beat him repeatedly on his testicles and sodomized him with one of the tools they had used for the beating. They asked him no questions. In fact, he said, they barely spoke to him at all. Though the pain was beyond his ability to describe, even as a poet, he said that the humiliation of being left so utterly helpless was what remained with him for life, destroyed his marriage, sent him to the repeated empty comfort of alcohol, and kept him from ever putting pen to paper again.

    The men who destroyed him, he told me, entered the room, did their work, and then departed, as if they had many others to visit that day and needed to get on with things. The Poet was released a few days later and politely driven back to his apartment by the police in a forward-looking gesture, as if the episode of torture was over and to be forgotten.


    The Iraqi Tribal Leader

    The second torture victim I met while I was stationed at a forward operating base in Iraq. He was a well-known SOI leader. The SOI, or Sons of Iraq, were Sunni tribesmen who, as part of Iraq War commander General David Petraeus’s much-discussed “Anbar Awakening” agreed to stop killing Americans and, in return for money we paid them, take up arms against al-Qaeda. That was 2007. By 2010, when I met the man, the Sons of Iraq, as Sunnis, had no friends in the Shia-dominated government of Nouri al-Maliki in Baghdad and the U.S. was expediently allowing its Sunni friendships to fade away.

    Over dessert one sticky afternoon, the SOI leader told me that he had recently been released from prison. He explained that the government had wanted him off the street in the run-up to a recent election, so that he would not use his political pull to get in the way of a Shia victory. The prison that held him was a secret one, he told me, under the control of some shadowy part of the U.S.-trained Iraqi security forces.

    He had been tortured by agents of the Maliki government, supported by the United States in the interest of national security. Masked men bound him at the wrists and ankles and hung him upside-down. He said that they neither asked him any questions nor demanded any information. They whipped his testicles with a leather strap, then beat the bottoms of his feet and the area around his kidneys. They slapped him. They broke the bones in his right foot with a steel rod, a piece of rebar that would ordinarily have been used to reinforce concrete.

    It was painful, he told me, but he had felt pain before. What truly wounded him was the feeling of utter helplessness. A man like himself, he stated with an echo of pride, had never felt helpless. His strength was his ability to control things, to stand up to enemies, to fight, and if necessary, to order men to their deaths. Now, he no longer slept well at night, was less interested in life and its activities, and felt little pleasure. He showed me his blackened toenails, as well as the caved in portion of his foot, which still bore a rod-like indentation with faint signs of metal grooves. When he paused and looked across the room, I thought I could almost see the movie running in his head.


    Alone in the Dark

    I encountered those two tortured men, who described their experiences so similarly, several years and thousands of miles apart. All they really had in common was being tortured and meeting me. They could, of course, have been lying about, or exaggerating, what had happened to them. I have no way to verify their stories because in neither country were their torturers ever brought to justice. One man was tortured because he was considered a threat to South Korea, the other to Iraq. Those “threatened” governments were among the company the U.S. keeps, and they were known torturers, regularly justifying such horrific acts, as we would also do in the first years of the twenty-first century, in the name of security. In our case, actual torture techniques would reportedly be demonstrated to some of the highest officials in the land in the White House itself, then “legalized,” and carried out in global “black sites” and foreign prisons.


    A widely praised new movie about the assassination of Osama bin Laden, Zero Dark Thirty, opens with a series of torture scenes. The victims are various Muslims and al-Qaeda suspects, and the torturers are members of the U.S. government working for the CIA. We see a prisoner strapped to the wall, bloody, with his pants pulled down in front of a female CIA officer. We see another having water poured into his mouth and lungs until he wretches in agony (in what during the Middle Ages was bluntly called “the Water Torture,” later “the water cure,” or more recently “waterboarding”). We see men shoved forcibly into tiny confinement boxes that do not allow them to sit, stand, or lie down.

    These are were among the techniques of torture “lawfully” laid out in a CIA Inspector General’s report, some of which would have been alarmingly familiar to the tortured men I spoke with, as they might be to Bradley Manning, held isolated, naked, and without sleep in U.S. military prisons in a bid to break his spirit.

    The movie scenes are brutal, yet sanitized.  As difficult to watch as the images are, they show nothing beyond the infliction of pain. Horrific as it may be, pain fades, bones mend, bruises heal. No, don’t for a second think that the essence of torture is physical pain, no matter what Zero Dark Thirty implies. If, in many cases, the body heals, mental wounds are a far more difficult matter. Memory persists.

    The obsessive debate in this country over the effectiveness of torture rings eternally false: torture does indeed work. After all, it’s not just about eliciting information — sometimes, as in the case of the two men I met, it’s not about information at all. Torture is, however, invariably about shame and vengeance, humiliation, power, and control. We’re just slapping you now, but we control you and who knows what will happen next, what we’re capable of? “You lie to me, I hurt you,” says a CIA torturer in Zero Dark Thirty to his victim. The torture victim is left to imagine what form the hurt will take and just how severe it will be, almost always in the process assuming responsibility for creating his own terror. Yes, torture “works” — to destroy people.

    Khalid Sheik Mohammed, accused 9/11 “mastermind,” was waterboarded 183 times. Al-Jazeera journalist Sami al-Haj spent six years in the Guantanamo Bay prison, stating, “They used dogs on us, they beat me, sometimes they hung me from the ceiling and didn’t allow me to sleep for six days.” Brandon Neely, a U.S. military policeman and former Guantanamo guard, watched a medic there beat an inmate he was supposed to treat. CIA agents tortured a German citizen, a car salesman named Khaled el-Masri, who was picked up in a case of mistaken identity, sodomizing, shackling, and beating him, holding him in total sensory deprivation, as Macedonian state police looked on, so the European Court of Human Rights found last week.

    Others, such as the Court of Human Rights or the Senate Intelligence Committee, may give us glimpses into the nightmare of official American policy in the first years of this century. Still, our president refuses to look backward and fully expose the deeds of that near-decade to sunlight; he refuses to truly look forward and unambiguously renounce forever the use of anything that could be seen as an “enhanced interrogation technique.”  Since he also continues to support robustly the precursors to torture — the “extraordinary rendition” of captured terror suspects to allied countries that are perfectly happy to torture them and indefinite detention by decree — we cannot fully understand what men like the Korean poet and the Iraqi tribal leader already know on our behalf: we are torturers and unless we awaken to confront the nightmare of what we are continuing to become, it will eventually transform and so consume us.




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    Posted in Embassy/State, Police State

    Dear Playboy Adviser: (Petraeus Edition)

    November 14, 2012 // 20 Comments »

    (The following emails were found in an electronic trash can outside CIA headquarters. No attempt has been made to contact The Daily Show or to verify their authenticity)

    Dear Playboy Adviser:

    I am an older professional man; call me “Dave” (maybe not my real name). Bored with my marriage of many decades to a woman who looks like she could be my mother, it seemed OK to me to have an affair with this dame writing a book about me, and, OK, maybe a few other broads. Turns out they are all bat shit crazy and now I’m in trouble where I used to work. I just want to get back in the saddle, put myself back out there while I’m still young enough, but I’m worried. Is Viagra still the best or should I try Cialis? This all seems like just a personal matter but the media is all over it like some big f’ing deal.

    All in,
    Stick Man



    Dear Stick Man:

    Writing from a Gmail account SkinnyLoveHunk@gmail.com created by someone named NotGeneralPetraeus at CIA HQ is a poor way to conceal your identity, just saying.

    David Petraeus, you are a disgraceful slut. You lied to your wife, messed around with a “reporter,” wrote her naughty emails we all know are going to leak eventually and make us sick. If you did not resign, exactly what credibility would you have with your staff? How about your female staff? What kind of leader and role model are you trying to be? You wrote yourself in your “12 Rules for Living” that Rule No. 1 is “Lead by example from the front of the formation.” You were the head of the freaking CIA– did you think no one would notice?

    You presence in any senior position would send a clear, sad message to all employees that double standards of behavior apply, and that if you’re senior enough you can get away with things underlings get fired for. The Army publicly fires commanders all the time for adultery, and the CIA quietly pulls security clearances from employees who cannot show personal discretion and judgement. If you’re lying to your wife, who else are you willing to lie to for your own crappy satisfaction? Your agency needs to know it can trust you. And don’t invoke your own Rule No. 4, “There is an exception to every rule, standard operating procedure, and poli­cy; it is up to leaders to determine when exceptions should be made and to explain why they made them.” That does not apply to your marriage vows, mister.

    (To be fair, none of your 12 Rules specifically bans nailing your biographer, but it is implied)

    Is America sending the right message to the world when this is the best we can come up with? What, you think, this is the State Department?

    Now, you disgust me. Zip it up and go away please.

    The Adviser

    Special to NotGeneralAllen@gmail.com: Take a look at that emblem you carry; it says Semper Fidelis, Always Faithful. That’s your guide on what to do when you’re not sure what to do. And if you’ve got time to write 20,000-30,000 pages of sexytime emails to a married broad in Florida, you’ve got time to win the freaking war. Do your job, loser.




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    Posted in Embassy/State, Police State

    Petraeus, Hillary, Benghazi and WTF

    November 13, 2012 // 13 Comments »


    While the hearings on what happened in Benghazi, Libya on September 11 before the Senate Foreign Relations Committee and elsewhere on the Hill this week are being held behind closed doors, and while SecState-in-Wanting John Kerry as chair is on board to make sure nothing too bad happens, what we do know continues to suggest the cesspool in Washington has no bottom.



    Exit Petraeus

    David Petraeus’ political assassination last week has taken him off the stage as effectively as any sniper’s round. Conveniently timed to drop just a few days after Obama’s re-election (and on a Friday before a three day weekend to boot, sorry Mitt), in one fell swoop a fall guy is crowned for whatever went wrong in Benghazi, Hillary’s virgin status is preserved for 2016 and at no extra charge a potential Republican candidate is shredded. Not a bad day’s work for our FBI. And of course, most immediately, Petraeus won’t be allowed to testify before the Senate to cover his own philandering butt on Libya. People have learned a lot about how to do these kinds of things since the messy demise of Vince Foster.

    New CIA Renditions?

    As part of the gift that seems to keep giving, we now can go back and examine Petraeus’ snooki, Paula Broadwell, and see what she has been saying in new light. Overnight she has gone from pretend journalist to oracle into the deepest secrets at the CIA. And what might those be?

    How about this: On October 26 Broadwell told an audience at the University of Denver that the CIA annex at the Benghazi consulate came under assault on September 11 because it had earlier “taken a couple of Libyan militia members prisoner and they think the attack on the consulate was an effort to try to get these prisoners back.”

    Another source says that prisoners from additional countries in Africa and the Middle East were also brought to the CIA’s Benghazi location. CIA, as expected, denies everything.

    Woooo, holy mother of Christ on toast! Knowing now that Broadwell had access to Petraeus’ top secret pillow talk, her “speculative” statement becomes serious stuff. It tells us without a doubt that the September attack was aimed at the CIA (which this blog called way back then without having to had slept with anyone) not Ambassador Stevens, that the White House and Susan Rice damn well knew the attack was unrelated to the anti-Muslim video and worst of all, that the CIA is back in/still in the kidnapping and rendition business.

    The latter is major stuff people. The CIA was kidnapping dudes in Libya? To do what with them? Torture/interrogate them locally and then release them? Render them to some outside secret site? What other sites? What the hell are those bad boys (still) doing in our name?

    Where in the World is Hillary?

    Just prior to the re-election of Barack Obama, lickspittle Hillary proudly proclaimed that she would assume full responsibility for what happened in Benghazi.

    So with that statement of full responsibility, one would assume that Hillary will be up on the Hill this week, adding her insight and responsibility into the Senate’s Libya hearings, right?

    Wrong Skippy.

    Hillary is off to Australia to pimp for money to prop up America’s overweight defense structure in Asia. And don’t ask her for next week either, because she’ll be “on travel.” And also don’t expect to hear any testimony from any Libyans, either.

    From Friday’s State Department press briefing:

    MS. NULAND: Matt, they’ve asked for closed hearings, closed briefings; that’s what we’re complying with.

    QUESTION: The Secretary won’t appear before any of these committees?

    MS. NULAND: The Secretary has not been asked to appear. They’ve asked for the individuals that are coming.

    QUESTION: Would she be willing to fly back from Australia to appear?

    MS. NULAND: Again, she has not been asked to appear. She was asked to appear at House Foreign Affairs next week, and we have written back to the Chairman to say that she’ll be on travel next week.

    QUESTION: Are you aware that any Libyans will be called to the hearings to be talked to?

    MS. NULAND: That sounds like a question for the Hill. I’m not aware of any panels other than the government panels.

    QUESTION: But you have not been asked to facilitate any visas or anything like this for –

    MS. NULAND: To my knowledge, no.

    QUESTION: — maybe some Libyan officials?

    MS. NULAND: No.


    As a public service, looking ahead to the Hillary Clinton presidential run in 2016, opposition researchers are invited to bookmark this page.




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    Posted in Embassy/State, Police State

    Cryptome, the Web Site You Don’t Know About But Need to Know About

    October 28, 2012 // 3 Comments »

    Actually, if you already know about Cryptome, sorry, this blog post isn’t for you. Move along, pal, nothing new.

    But if you’re interested in national security issues, and particularly if you prefer to study primary source documentation and make up your own mind about things, take a look at Cryptome. The site is w-a-y old school, just a page of links in good old HTML 101. They’ve been online since 1996 and serve as a repository of documents and information, some leaked, some obtained via FOIA. Cryptome was Wikileaks decades before Wikileaks.


    For example, Cryptome currently offers aerial views of the CIA’s basic training facility (swanky), Camp Peary in Virginia, with its shooting ranges, driving track and own airstrip.

    Following the incident in Benghazi? Cryptome has overhead images of the compound and surrounding neighborhood.

    Readers are intended to be critical consumers, as Cryptome offers no commentary or validation. A list of allegded CIA agents and front companies, for example, seems overly broad, but you be the judge.


    The web site also focuses on the NSA, cryptography and publishes interesting albeit open source U.S. government documents aplenty. For anyone with such documents to share, Cryptome is happy to receive them, and includes irs PGP key on the site.



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    Posted in Embassy/State, Police State

    Torture and the Myth of Never Again: The Persecution of John Kiriakou

    October 24, 2012 // 19 Comments »

    Originally published September 11, 2012 on TomDispatch.com

    John Kiriakou, a former CIA officer, pleaded guilty October 23, 2012 to leaking the identity of one of the agency’s covert operatives to a reporter and will be sentenced to more than two years in prison. As part of a plea deal, prosecutors dropped charges that had been filed under the World War I-era Espionage Act. They also dropped a count of making false statements.

    Under the plea, all sides agreed to a prison term of 2 1/2 years. U.S. District Judge Leonie Brinkema noted the term was identical to that imposed on Scooter Libby, the chief of staff to former Vice President Dick Cheney. Libby was convicted in a case where he was accused of leaking information that compromised the covert identity of CIA operative Valerie Plame, though Libby’s sentence was commuted by then-President George W. Bush.


    Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.


    In a Galaxy Far, Far Away

    A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?

    At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.

    It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claims the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges result from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou is accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    Many observers believe however that the real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Zubaydah was at the time believed to be an al-Qaeda leader, though more likely was at best a mid-level operative. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work. He maintains that his is instead a First Amendment case in which a whistleblower is being punished, that it is a selective prosecution to scare government insiders into silence when they see something wrong.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. John Kiriakou is 48. He is staring down a long tunnel at a potential sentence of up to 45 years in prison because in the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.


    Welcome to the Jungle

    John Kiriakou and I share common attorneys through the Government Accountability Project, and I’ve had the chance to talk with him on any number of occasions. He is soft-spoken, thoughtful, and quick to laugh at a bad joke. When the subject turns to his case, and the way the government has treated him, however, things darken. His sentences get shorter and the quick smile disappears.

    He understands the role his government has chosen for him: the head on a stick, the example, the message to everyone else involved in the horrors of post-9/11 America. Do the country’s dirty work, kidnap, kill, imprison, torture, and we’ll cover for you. Destroy the evidence of all that and we’ll reward you. But speak out, and expect to be punished.

    Like so many of us who have served the U.S. government honorably only to have its full force turned against us for an act or acts of conscience, the pain comes in trying to reconcile the two images of the U.S. government in your head. It’s like trying to process the actions of an abusive father you still want to love.

    One of Kiriakou’s representatives, attorney Jesselyn Radack, told me, “It is a miscarriage of justice that John Kiriakou is the only person indicted in relation to the Bush-era torture program. The historic import cannot be understated. If a crime as egregious as state-sponsored torture can go unpunished, we lose all moral standing to condemn other governments’ human rights violations. By ‘looking forward, not backward’ we have taken a giant leap into the past.”

    One former CIA covert officer, who uses the pen name “Ishmael Jones,” lays out a potential defense for Kiriakou: “Witness after witness could explain to the jury that Mr. Kiriakou is being selectively prosecuted, that his leaks are nothing compared to leaks by Obama administration officials and senior CIA bureaucrats. Witness after witness could show the jury that for any secret material published by Mr. Kiriakou, the books of senior CIA bureaucrats contain many times as much. Former CIA chief George Tenet wrote a book in 2007, approved by CIA censors, that contains dozens of pieces of classified information — names and enough information to find names.”

    If only it was really that easy.


    Never Again

    For at least six years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters. Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watching what is happening to John Kiriakou and thinking: not me, I’m not sticking my neck out to see it get chopped off. They’re almost forgivable, even if they are placing their own self-interest above that of their country. But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that is hunting down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.




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    Posted in Embassy/State, Police State

    Ambassador Stevens in Libya: Just Wrong (CIA) Place, Wrong Time?

    September 26, 2012 // 7 Comments »

    A blind man in the dark with ear muffs on knows that something happened in Benghazi, Libya more than a spontaneous angry mob pissed off over a Grade Z video attacked an American Consulate and killed the US Ambassador to Libya.

    I hate internet conspiracy theories, and loathe slinging a new one into the mix, but the evidence available adds up one way: the attack, well-planned, was surgical payback for CIA activity in the area. Stevens wasn’t the target at all, he was just a celebrity in the wrong place at the wrong time. The guff about the dumb Prophet movie was the first cover story for the US Government and when that fell apart like cardboard in the rain, the State Department shifted the meme to flag waving over Stevens’ death.

    Let’s see what we know:

    — The attack was not spontaneous. It involved a large number of men, perhaps as many as 125, fighting in a coordinated fashion, using weapons such as RPGs and mortars on multiple targets. Yes, yes, lots of people carry guns around Libya, but not RPGs and certainly not crew served weapons like mortars. It appears also that the so-called Libyan security forces assigned to protect the Consulate either conveniently disappeared on cue or saw the smack coming down and ran to save themselves. This information is widely available from media outside the US, but scare in US media sources for some reason.

    — The attack did not target Stevens. Indeed, famously, his body was only pulled from the ruins of the Consulate by a secondary crowd. Whether the crowd abused the body or dragged it to a hospital, it clearly had no idea or concern for who it held. The Consulate attackers went for documents, and ignored the Ambassador. Stevens just happened to be there, wrong place, wrong time.

    Half the US personnel evacuated out of Benghazi were CIA. While it is common knowledge that the CIA stations personnel abroad, it seems very unusual to have half a mission’s complement to be Agency. The New York Times reports that though the Agency has been cooperating with the new post-Qaddafi Libyan intelligence service, the size of the CIA’s presence in Benghazi apparently surprised some Libyan leaders. The deputy prime minister, Mustafa Abushagour, was quoted in The Wall Street Journal last week saying that he learned about some of the delicate American operations in Benghazi only after the attack on the mission, in large part because a surprisingly large number of Americans showed up at the Benghazi airport to be evacuated.

    — In its reporting on the large number of CIA personnel in Benghazi, the New York Times agreed to withhold locations and details of Agency operations at the request of Obama administration officials, who said that disclosing such information could jeopardize future sensitive government activities and put at risk American personnel working in dangerous settings.

    — The UK’s Independent noted that the Consulate attackers made off with documents listing names of Libyans who were working with Americans, and documents related to oil contracts. This strongly suggests the attack itself may have been a diversion to steal these documents and the Ambassador’s death, in U.S. terms, merely collateral damage. The organized attacking mob did not seem to be primarily interested in looting or stealing computer stuff.

    — Many wondered why the media was reporting from early on the deaths of four Americans at the Benghazi Consulate, while Clinton continuously only mentioned two (Ambassador Stevens and computer person Sean Smith). Well, that’s because she did not want to tell us that the other two who lost their lives were “former” Navy SEALS now acting as State Department “contractors.” Even when Clinton finally acknowledged the SEALS’ deaths following widespread press reports, she only mentioned that one’s role was as security for the Ambassador.

    Clinton pointedly did not mention what the other SEAL was doing in Libya. That is because the other deceased man was in Libya on an intel mission. The SEAL told ABC News that he was in Libya in the field tracking down and blowing up MANPADS, shoulder-fired surface-to-air missiles. The US saw its way to allowing those weapons to be used against Qaddafi and now wants to take them back so they are not used against us. Such ops are not State Department work and fall cleanly into CIA territory.

    — The State Department’s curious mix up over who was providing security at the Benghazi Consulate also may point toward other US government Agencies. State Department spokeswoman Victoria Nuland initially said “at no time did we contract with a private security firm in Libya,” while federal procurement records easily Googleable showed a contract for “security guards and patrol services” on May 3 for $387,413.68. An extension option brought the tab for protecting the consulate to $783,000. The contract lists only “foreign security awardees” as its recipient. Was typically fastidious Nuland’s wrong answer simply because she was misbriefed, or was it in fact an honest answer, that the guards were not State Department contractors at all?

    According to Danger Room, the State Department frequently hires security companies to protect diplomats in conflict zones. It usually is done through what’s known as the Worldwide Protective Services contract, in which a handful of approved firms compete to safeguard specific diplomatic installations.

    In 2010, State selected eight firms for the most recent contract. Blue Mountain wasn’t among them, and the State Department did not explain why the Benghazi consulate contract did not go to one of those eight firms. How the State Department could have even hired a foreign firm outside that blanket contract is unclear. State’s Inspector General had criticized State’s management of personnel security firms, so unilaterally expanding the pool just for one Libyan Consulate seems off base.

    — The US government has had a heck of a time getting its story straight over what happened in Benghazi, most famously in sending UN ambassador and attack dog Susan Rice around to claim the attack was purely spontaneous even as the White House backed away from the idea. We’ve already mentioned Clinton’s duplicity over the identities and roles of the two deceased American “ex-” SEALS. Even long-time State drone Patrick Kennedy, Under-Secretary at the State Department, said at one point he was convinced the assault was planned due to its extensive nature and the proliferation of weapons.

    BuzzFeed sums up by saying:

    The election-year focus on President Barack Obama meant that the White House had at first been catching most of the heat for the tragedy in Benghazi. It’s certainly true the explanations from White House spokesman Jay Carney and UN Ambassador Susan Rice have strained common sense — mainly, the idea that the attack could be blamed solely on an anti-Islamic video, and that there was a protest outside the consulate at 10 p.m. (there reportedly wasn’t,) among other misleading details. That initial story has crumbled, and it took Robert Gibbs to get the Obama administration back on message on the Sunday shows.


    State’s later calling reporter Michael Hastings an “asshole” and telling him to “fuck off” in relation to CNN’s use of Ambassador Steven’s found diary just adds fuel to the make-it-up-as-you-go-along nature of all this.


    — Of course, there is a sort of precedent for this, most famously in 1991 when the KGB used a fire in the US Embassy in Moscow as a cover to roam around the building collecting documents,


    Look, if all you have to do is tell the truth, it is pretty easy. Making up a cover story on the fly requires revisions. It may not be in our lifetimes that we learn what really happened in Libya, but something more than just a protest gone wild did happen.



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    Posted in Embassy/State, Police State

    Torture and the Myth of Never Again

    September 23, 2012 // 5 Comments »

    This article originally appeared on TomDispatch, HuffPo, Salon, the Nation and other sites on 9/11/12.

    Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it.


    In a Galaxy Far, Far Away

    A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do?

    At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, never to sacrifice one’s humanity and soul, even if it meant death. My visceral reaction: to become a torturer was its own form of living death. (An undergrad today, after the “enhanced interrogation” Bush years and in the wake of 24, would probably detail specific techniques that should be employed.) My advisor later told me my answer was one of the few bright spots in an otherwise spectacularly unsuccessful interview.

    It is now common knowledge that between 2001 and about 2007 the United States Department of Justice (DOJ) sanctioned acts of torture committed by members of the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

    Some tortured prisoners were even killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

    Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the U.S. government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.


    John Kiriakou Alone

    The one man in the whole archipelago of America’s secret horrors facing prosecution is former CIA agent John Kiriakou. Of the untold numbers of men and women involved in the whole nightmare show of those years, only one may go to jail.

    And of course, he didn’t torture anyone.

    The charges against Kiriakou allege that in answering questions from reporters about suspicions that the CIA tortured detainees in its custody, he violated the Espionage Act, once an obscure World War I-era law that aimed at punishing Americans who gave aid to the enemy. It was passed in 1917 and has been the subject of much judicial and Congressional doubt ever since. Kiriakou is one of six government whistleblowers who have been charged under the Act by the Obama administration. From 1917 until Obama came into office, only three people had ever charged in this way.

    The Obama Justice Department claims the former CIA officer “disclosed classified information to journalists, including the name of a covert CIA officer and information revealing the role of another CIA employee in classified activities.”

    The charges result from a CIA investigation. That investigation was triggered by a filing in January 2009 on behalf of detainees at Guantanamo that contained classified information the defense had not been given through government channels, and by the discovery in the spring of 2009 of photographs of alleged CIA employees among the legal materials of some detainees at Guantanamo. According to one description, Kiriakou gave several interviews about the CIA in 2008. Court documents charge that he provided names of covert Agency officials to a journalist, who allegedly in turn passed them on to a Guantanamo legal team. The team sought to have detainees identify specific CIA officials who participated in their renditions and torture. Kiriakou is accused of providing the identities of CIA officers that may have allowed names to be linked to photographs.

    Many observers believe however that the real “offense” in the eyes of the Obama administration was quite different. In 2007, Kiriakou became a whistleblower. He went on record as the first (albeit by then, former) CIA official to confirm the use of waterboarding of al-Qaeda prisoners as an interrogation technique, and then to condemn it as torture. He specifically mentioned the waterboarding of Abu Zubaydah in that secret prison in Thailand. Zubaydah was at the time believed to be an al-Qaeda leader, though more likely was at best a mid-level operative. Kiriakou also ran afoul of the CIA over efforts to clear for publication a book he had written about the Agency’s counterterrorism work. He maintains that his is instead a First Amendment case in which a whistleblower is being punished, that it is a selective prosecution to scare government insiders into silence when they see something wrong.

    If Kiriakou had actually tortured someone himself, even to death, there is no possibility that he would be in trouble. John Kiriakou is 48. He is staring down a long tunnel at a potential sentence of up to 45 years in prison because in the national security state that rules the roost in Washington, talking out of turn about a crime has become the only possible crime.


    Welcome to the Jungle

    John Kiriakou and I share common attorneys through the Government Accountability Project, and I’ve had the chance to talk with him on any number of occasions. He is soft-spoken, thoughtful, and quick to laugh at a bad joke. When the subject turns to his case, and the way the government has treated him, however, things darken. His sentences get shorter and the quick smile disappears.

    He understands the role his government has chosen for him: the head on a stick, the example, the message to everyone else involved in the horrors of post-9/11 America. Do the country’s dirty work, kidnap, kill, imprison, torture, and we’ll cover for you. Destroy the evidence of all that and we’ll reward you. But speak out, and expect to be punished.

    Like so many of us who have served the U.S. government honorably only to have its full force turned against us for an act or acts of conscience, the pain comes in trying to reconcile the two images of the U.S. government in your head. It’s like trying to process the actions of an abusive father you still want to love.

    One of Kiriakou’s representatives, attorney Jesselyn Radack, told me, “It is a miscarriage of justice that John Kiriakou is the only person indicted in relation to the Bush-era torture program. The historic import cannot be understated. If a crime as egregious as state-sponsored torture can go unpunished, we lose all moral standing to condemn other governments’ human rights violations. By ‘looking forward, not backward’ we have taken a giant leap into the past.”

    One former CIA covert officer, who uses the pen name “Ishmael Jones,” lays out a potential defense for Kiriakou: “Witness after witness could explain to the jury that Mr. Kiriakou is being selectively prosecuted, that his leaks are nothing compared to leaks by Obama administration officials and senior CIA bureaucrats. Witness after witness could show the jury that for any secret material published by Mr. Kiriakou, the books of senior CIA bureaucrats contain many times as much. Former CIA chief George Tenet wrote a book in 2007, approved by CIA censors, that contains dozens of pieces of classified information — names and enough information to find names.”

    If only it was really that easy.


    Never Again

    For at least six years it was the policy of the United States of America to torture and abuse its enemies or, in some cases, simply suspected enemies. It has remained a U.S. policy, even under the Obama administration, to employ “extraordinary rendition” — that is, the sending of captured terror suspects to the jails of countries that are known for torture and abuse, an outsourcing of what we no longer want to do.

    Techniques that the U.S. hanged men for at Nuremburg and in post-war Japan were employed and declared lawful. To embark on such a program with the oversight of the Bush administration, learned men and women had to have long discussions, with staffers running in and out of rooms with snippets of research to buttress the justifications being so laboriously developed. The CIA undoubtedly used some cumbersome bureaucratic process to hire contractors for its torture staff. The old manuals needed to be updated, psychiatrists consulted, military survival experts interviewed, training classes set up.

    Videotapes were made of the torture sessions and no doubt DVDs full of real horror were reviewed back at headquarters. Torture techniques were even reportedly demonstrated to top officials inside the White House. Individual torturers who were considered particularly effective were no doubt identified, probably rewarded, and sent on to new secret sites to harm more people.

    America just didn’t wake up one day and start slapping around some Islamic punk. These were not the torture equivalents of rogue cops. A system, a mechanism, was created. That we now can only speculate about many of the details involved and the extent of all this is a tribute to the thousands who continue to remain silent about what they did, saw, heard about, or were associated with. Many of them work now at the same organizations, remaining a part of the same contracting firms, the CIA, and the military. Our torturers.

    What is it that allows all those people to remain silent? How many are simply scared, watching what is happening to John Kiriakou and thinking: not me, I’m not sticking my neck out to see it get chopped off. They’re almost forgivable, even if they are placing their own self-interest above that of their country. But what about the others, the ones who remain silent about what they did or saw or aided and abetted in some fashion because they still think it was the right thing to do? The ones who will do it again when another frightened president asks them to? Or even the ones who enjoyed doing it?

    The same Department of Justice that is hunting down the one man who spoke against torture from the inside still maintains a special unit, 60 years after the end of WWII, dedicated to hunting down the last few at-large Nazis. They do that under the rubric of “never again.” The truth is that same team needs to be turned loose on our national security state. Otherwise, until we have a full accounting of what was done in our names by our government, the pieces are all in place for it to happen again. There, if you want to know, is the real horror.


    [Note to Readers: What’s next for Kiriakou? The District Court for the Eastern District of Virginia will begin Classified Information Procedures Act hearings in his case on September 12. These hearings, which are closed to the public, will last until October 30 and will determine what classified information will be permitted during trial. Kiriakou has pled "not guilty" to all charges and is preparing to go to trial on November 26.]



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    Posted in Embassy/State, Police State

    Why Doesn’t TSA Trust the State Department?

    August 2, 2012 // 2 Comments »

    The mighty men and women of TSA have a trust issue. Perhaps many were unloved as children, but they as a group simply are not people persons. Until very recently, a soldier in uniform, the pilot who is going to fly the actual plane, and a guy on a camel with a T-shirt reading “I am a Terrorist” holding an AK-74 were all treated the same at airport security checkpoints. Under some bizarre, irrational interpretation of fairness, limited security resources were not focused on the most likely threats but instead spread thin. A little old grandma’s wrapped birthday gift would set off the same level of scrutiny as a leaking box with wires hanging out the sides.

    No more. A tiny ray of reality seems to have entered the TSA world with the announcement that certain groups of low-risk travelers will be moved into a category called “TSA Pre-check.” No application needed or allowed as with previous attempts to sort out folks. Now, based on where you work and especially on whether or not you hold a US Government security clearance, you will face lighter screening.

    First in the pool are uniformed military at certain airports. Kind of a no brainer.

    Then we learned in a round-about-way that TSA is also including to exclude from full screening many CIA officers. Wired.com reports that TSA signed an agreement with the Director of National Intelligence in February to include members of the intelligence community in “pre check.” Again, kind of a no brainer.

    A Bit of Black Ops in Passports?

    Quite intriguingly, TSA chief John Pistole explained that membership in the special pre-check program is acknowledged when one uses his/her passport as ID. “The beauty of it from my perspective is that the information that the person is a known and trusted traveler is embedded in a bar code in the passport. And it doesn’t distinguish between a member of the intel community or a frequent flier. So the security officer at the checkpoint doesn’t know whoever you are.”

    Passport barcodes are in the back of the booklet and are tied to the physical booklet itself, not the traveler who is issued that booklet. US passports issued after 2007 contain an RFID chip which holds information about the traveler, including all the bio info from the passport and the photo. TSA does not scan or read the passport barcodes when you pass through the airport. They do scan the passport info encoded in plain letters and numbers, and can/do read the RFID chip. It would be interesting to know exactly what database TSA refers this info to to determine who is and who is not a pre-check qualified traveler. That database would have to be largely unclassified, as it would not do to have a handy list of all CIA officers (we hope), just a list of passport numbers and a go/no go code.

    Whither State?

    The justification for including CIA officers as a group in the pre-check program makes sense. As a group they all hold at least Top Secret clearances and are well-known to the government. If you are not ready to trust them to leave their shoes on going through the airport you probably should not trust them to hunt terrorists, operate killer drones and all that. Kind of a no brainer.

    But what about State Department Foreign Service Officers as a group? They are not in the pre-check program. As a group they all hold at least Top Secret clearances and are well-known to the government. If you are not ready to trust them to meet with foreign governments, reconstruct Iraq, Afghanistan and Haiti, why trust them to leave their shoes on going through the airport?

    Ironically, it is the State Department who issues the passports others can use as tickets to faster security processing. Maybe there’s a way State can spoof the passports to get their people included?

    Permission to ease through TSA security has been under discussion inside State for a long time. State’s internal “ideas marketplace,” the Sounding Board, has had a thread on this topic since 2010, with over 140 entries. Yet not a word there or anywhere else on why State’s diplomats are not trusted by TSA. State Department employees coming from overseas were initially excluded from airline discount programs for pets, originally offered only to the military. State had to fight its way into that program, largely through its employee association, AFSA’s, efforts. It is always “People First” at State.

    Bonus for State Department people: It appears State has been part of some inter-agency working group “looking into this” since at least March 2012, with the boffo results above. I contacted AFSA, who tells me they have raised and continue to pursue this very issue with management.


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    Posted in Embassy/State, Police State

    On Social Media, State Department Stands Alone

    July 15, 2012 // 5 Comments »




    (This article was originally published on the Huffington Post, June 1, 2012)

    As other parts of the Federal government begin to examine their own practices toward social media and publication review, the State Department stands alone in clinging to a 19th century model emphasizing lack of transparency and message control. That State seeks this modus in a largely unclassified world and while other agencies move toward change makes even more ripe State’s policies for a judicial challenge.

    Introspection at the CIA

    The CIA, for example, has begun a voluntary internal investigation into whether a process designed to screen books by former employees for classified information is wrongly and unconstitutionally being used to censor agency critics. The investigation is aimed at determining whether some redactions have been politically motivated. The target of the probe is the agency’s Publications Review Board, which is supposed to focus on whether publication of material would threaten national security interests. CIA critics said the disparities in the review process are particularly apparent in books that deal with controversial subjects, including waterboarding and other forms of “authorized” torture. (The Washington Post story on the CIA’s internal reform was of course not included in the State Department’s own internal press summary of the same day’s “Federal News.”)

    Embracing Social Media in the Army

    The State Department’s regulations also trail behind other government agencies, particularly the military. Military regulations concerning blogging and social media are not onerous and do not involve pre-clearance requirements. The Army encourages blogging in both official and private capacities, and has published glossy brochure-ware highlighting best practices for each. Though the Army heavily regulated military blogging briefly in 2008, it quickly reversed course. Military Law statutes, regulations, and cases available do not contain any references to pre-clearance requirements.

    In fact, the Army social media guidelines are all online, in a colorful, user-friendly slideshow. They begin with the stated premise that “It is important to be as transparent as possible. As communicators, we need to be the first with the truth, whether it’s good or bad.” The emphasis in the Army guidelines is on good judgement– don’t post things online that could endanger soldiers’ lives– with not a word mentioned about the need to pre-clear (indeed, the Army emphasizes the value of social media is in its immediacy) or the requirement to say only “nice things.” Indeed, the introduction to the social media guidelines emphasizes displaying the good with the bad, with “truth” as the goal. The Army guidelines provide lots of examples and include easy-to-understand (“soldier-proof”) checklists of Do’s and Don’t’s.

    State Stands Alone

    And then, standing alone, is the State Department.

    State has its own regulations (not “guidelines”) on social media. No slick slide shows at State. The social media regs start with 15 pages of text, and begin by citing 27 Executive Orders, OMB decisions and Federal laws the user is responsible for following, including 18 U.S.C. 713 and 1017, Use of Department and Government Seals (rather than prohibiting the use of Seals and logos, as State does, the Army includes links to web-ready artwork so social media users get the images right) and whatever the Anti-Lobbying Act of 1913, is.

    The secret sauce hidden in State’s hefty social media regulations is 3 FAM 4170, Official Clearance of Speaking, Writing, and Teaching. That reg is State’s requirement that all social media, even when posted as a private citizen, be pre-cleared, and that the State Department is allowed up to 30 working days to act.

    That means the State Department demands of all of its thousands of employees that they seek pre-clearance for every blog post, update and Tweet, every day, 24/7. An exaggeration on my part? Sorry, no– have a look at the compliance letter I was forced to sign as a condition of employment, which specifically mentions these things even when done by an employee in his or her private capacity.

    Obviously State cannot pre-clear what must add up to millions of social media utterances each week, and so it does not. In many instances when I have sought pre-clearance for a blog post on some timely matter, State simply sat on a response until, weeks later, the blog post was so irrelevant that it was not usable anymore. The law anticipated this type of government-foot-dragging-as-shadow-censorship, and in a seminal case on the free speech rights of Federal workers, stated:

    But even then insistence on advance approval would raise a further question, as before-the-fact condemnation of speech raises special concerns such as undue delay-the review itself plus time needed for a speaker to secure judicial relief-and stifling of expression that in hindsight would have been viewed as harmless or not worth the enforcement effort.


    Droppin’ Some Law On ‘Ya

    It was actions such as this that lead the American Civil Liberties Union (ACLU) to assert that the State Department violated my First Amendment free speech rights and acted unconstitutionally. My attempts to clear items for publication were met with lengthy delays and periods of no contact. It was indeed such actions by the Department that often lead me to publish without preclearance so that the material was relevant to breaking news.

    Want some law? Specifically on the issue of foot dragging on pre-clearance as a clever technique to kill a story, in Weaver the Court noted “if the prior review were extensive, of course, it might delay constitutionally protected speech to a time when its only relevance was to historians.” In Crue v. Aiken, the 7th Circuit found a pre-clearance directive without a schedule for the review of proposed communications problematic because nothing prevented the reviewing official from delaying approval of communications until they were no longer relevant. (Crue v. Aiken, 370 F.3d 668, 679 (7th Cir. 2004)).

    In Davis v. New Jersey Dept. of Law & Pub. Safety, the NJ Superior Court recognized that “before-the-fact review and approval requirements restrict employee speech—and raise special concerns such as undue delay and stifling of expression that in hindsight may be viewed as harmless or not worth the enforcement effort.” (Davis v. New Jersey Dept. of Law & Pub. Safety, Div. of State Police, 742 A.2d 619, 628-29 (Ch. Div. 1999)). Davis citing the Supreme Court in Freedman v. State of Maryland, notes that the danger present when a regulation “is made unduly onerous, by reason of delay or otherwise, to seek judicial review, the censor’s determination may in practice be final.” (Freedman v. State of Md., 380 U.S. 51, 58, 85 S. Ct. 734, 738, 13 L. Ed. 2d 649 (1965)).

    I know, I know, too heavy Doc. It took the ACLU five dense pages to spell out in legal detail all the ways the State Department social media regulations were unconstitutional and violated my First Amendment free speech rights.

    Bottom Line

    So it is not as simple as some claim, broadly announcing that Federal employees give up their First Amendment rights, or that social media and the responsibilities of a classified job are incompatible. Federal employees do not give up their First Amendment rights, and there is plenty of law to substantiate that.

    The bottom line is this: If the hyper-classified CIA recognizes the need for an internal review of its pre-clearance process, why doesn’t the State Department? If the military, with its obvious day-to-day operational need for secrecy and its immediate impact on soldiers’ lives, can co-exist without pre-clearance restraints on blogs, why can’t State?

    Given the chance to make sane, voluntary changes to an obviously out-dated social media policy that stands outside the boundaries of other Federal agencies with a whole lot more secrets to protect, State appears ready to instead insist on having those changes dictated to it by a court. That is an expensive, and in this case, unnecessary way to change out-dated regulations.



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    Posted in Embassy/State, Police State

    Sorry Aid and Reconstruction Workers, You’re a Target Now

    February 14, 2012 // 1 Comment »

    One of the used-to-be strengths of the United States’ foreign policy was a big tool box. We had the military of course, but in the right place at the right time the CIA, the State Department, charities and NGOs, each one doing something different. A smart leader could choose the right tool for the job.

    The militarization of foreign policy since 9/11 has been a huge mistake, one that has rendered the State Department largely a vestigial limb of government. You see, there is something to be said for having America’s engagements overseas done by civilians. That system—we call it diplomacy—has worked pretty well for what it is for most of the last couple of thousand years. The military does some stuff well, and diplomats do some stuff well. Remember your Clausewitz: war is what happens only after diplomacy fails.

    The other problem with militarization is that it makes military targets out of people like NGO workers who should not be in the cross hairs of the bad guys. The latest sad revelation out of Pakistan only serves to put more American lives abroad in danger.

    According to the National Journal’s Marc Ambinder in his new book on Joint Special Operations Command (JSOC), The Command: Deep Inside the President’s Secret Army:


    The U.S. intelligence community took advantage of the chaos to spread resources of its own into [Pakistan]. Using valid U.S. passports and posing as construction and aid workers, dozens of Central Intelligence Agency operatives and contractors flooded in without the requisite background checks from the country’s Inter-Services Intelligence (ISI) agency. (emphasis added)

    So thanks JSOC, we’re all more valuable targets now that the bad guys can’t tell a legitimate reconstruction worker or NGO staffer from one of your goons.



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    Posted in Embassy/State, Police State

    AntiWar.com: Meet John Kiriakou

    January 31, 2012 // Comments Off

    Antiwar.com tells the story of CIA officer John Kiriakou, indicted for leaking details of the Agency’s torture programs to the press.

    The bitter irony, the article points out, is that while Obama appears totally committed to stamping out government leaks about torture policy, he’s declined to pursue a similar course against those responsible for torturing prisoners in the first place. According to NSA whistleblower Thomas Drake:

    The Obama Administration is further criminalizing the exposure of the US’s own state sponsored and supported criminal behavior and activity — namely torture and in my case warrantless surveillance — while protecting and hiding from accountability those who authorized, approved, conducted and implemented the criminal behavior and activity under the cover and guile and guise of secrecy.

    The article quotes me:

    What is happening during the Obama administration— which has sought more prosecutions of it sown employees for “leaks” under the espionage act than any other— is a simultaneous classification of everything, coupled with a wicked hand to slap down anyone who “divulges” that info. If everything is classified than everyone in the government who speaks out is a spy.

    The hypocrisy of the government’s actions is made clear by attorney Jesselyn Radack:

    The fetid odor, the thing that really stinks about this case is that CIA officers had been immunized for committing waterboarding, for committing torture. Now, the only person being prosecuted in connection with torture is John Kiriakou, who blew the whistle on waterboarding being torture. And the only person to be prosecuted in connection with warrantless electronic surveillance is Tom Drake, a whistle-blower who blew the whistle on warrantless surveillance.

    An important article from Antiwar.com that gives a dark glimpse of America’s future. It deserves a wider audience. Better read it now, while you still can.



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    Posted in Embassy/State, Police State

    CIA Lying to Who about Sexy Drones?

    December 6, 2011 // 1 Comment »

    Who? Whom? I don’t know, but that is not today’s money question. Today is about those oh! so sexy drones that somehow make war even better.

    The Washington Post reports on a series of deceptive statements issued by NATO and the CIA over who controlled the drone that “fell down” in Iran earlier this week. The Post writer, largely because he had 500 words to kill, speculated that the misleading statements issued suggesting that it was a NATO drone off course, later clarified sort of to suggest it was a CIA drone on course spying on Iran, were a “head fake,” “an apparently deliberate media misdirect” by those wacky spooks.

    Post writer, you are a tool. It is much more likely that the various people seeking to lie about the drone just got their stories mixed up in their haste to make up shit for you to digest and spit back out in the newspaper. Or, the CIA was lying to YOU, young Paduwan Post writer, trying to hide the fact that not only was it blatantly violating another country’s airspace, it seems like they screw up at the same time.

    So, quick recap: CIA is flying war drones over Iran. Iran either shot one down, cyber-spaced it down or just had a lucky day. Media still clueless and willing to play along with whatever pablum they are fed.

    Also, in case you were sanguine about America’s war-to-be in Iran, some bone heads in Congress are seeking to make diplomacy with Iran actually illegal.

    OK, back to shopping– only 19 days left ’til Christmas!



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    Posted in Embassy/State, Police State

    Is I a Real Juornalist?

    September 1, 2011 // 1 Comment »

    I thought journalists were supposed to think, but a piece by Tara McKelvey (photo), A Bigger Kill Than Bin Laden, is so sadly just stenography for the government that I hope she was paid off to jot it down instead of really being that stupid. She wrote about the US drone murder of the latest al Qaeda number 2 or 3 or 4.

    Tara (may I call you Tara?) wrote:


    Forget Osama bin Laden, the so-called terrorist mastermind. In real life, he was the guy watching videos of himself in a room in his Abbottabad compound; meanwhile, al-Rahman was making plans.



    Ok, check, Bin Laden was no big deal, which is why we took ten years to find him and everyone hated on him more than the Hamburgler. Tara, Tara, the US has killed al Qaeda’s number 2 or number 3 man so many times there are jokes about it.

    But wait, there is more from Tara. Here’s an objective paragraph that no doubt has her community college J-school prof in hiding:


    Obama supporters say the killing of al-Rahman is the latest in a string of White House successes against the terrorist group and further proof that the laserlike approach, with its reliance on drone strikes, is the right one. In this way, CIA officers are thinning the ranks of al Qaeda and gradually making them obsolete: Or, as Defense Secretary Leon Panetta said last month, Americans are “within reach of strategically defeating al Qaeda.”



    This is good news. With al Qaeda basically toast, we have repealed the Patriot Act, ended the wars in Iraq, Afghanistan, Yemen, Libya, Somalia and can go back to wearing our shoes in the airport. Sweet. Thanks Tara!

    Ok, OK, here’s one more:


    Now that al-Rahman is gone, CIA officers in Langley, Va. and in stations around the world will double down on their efforts to pursue their other targets. These include al-Rahman’s boss, Ayman al-Zawahiri, (NOTE: He used to be al Qaeda NO. 2) who became bin Laden’s successor.

    In the meantime, CIA officials have reason to celebrate, since by almost any account the death of al-Rahman is significant. “Al Qaeda has not signed a surrender, and nor will it,” says Sageman, “but their ability to launch operations is diminished.”



    Now there’s the whole war of terror in a sentence. The goons celebrate some event as a major milestone (bin Laden dead, No. 2 killed) and then quickly add “but al Qaeda is still a threat” forever.

    It is almost as if the people making a living off of the war of terror just don’t want it to ever end.



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    Posted in Embassy/State, Police State

    You Haven’t Read This: CIA Secret Prison in Somalia

    July 18, 2011 // 1 Comment »

    Never having learned any lessons, it appears that the US continues to operate secret prisons around the world to hold “terrorists” without the unpleasant need for trial, courts or rules. The semi-secret facilities in Afghanistan have been around for awhile, and we learned that US Navy ships are used as floating gulags.

    However, The Nation reports on a full-on mini-Guantanamo run by the CIA in Somalia. Read the story and realize that shutting down Guantanamo (which hasn’t happened anyway) was just an Obama ruse to continue yet another horrendous Bush policy.

    This is what has happened to our country, what America has been reduced to doing.

    Bonus!

    Want a career in government service? Practice torturing a human being to death with this actual online game.

    The photo show above comes from the French, who tortured terrorists in Algeria as part of their counterinsurgency plan. Didn’t work there either. See more.




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    Posted in Embassy/State, Police State

    Can’t We Just Kill Them All Faster in Yemen?

    June 15, 2011 // 1 Comment »

    Google is just wonderful. I looked back a few years and there was just not alot of news about terrorism and Yemen (USS Cole in 2000, certainly, but pre-9/11 doesn’t count, right?).

    For example, in 2007, al Qaeda sent letters (letters!) to 45 Jews living near Sanaa, saying that if the Jews did not abandon their homes in ten days, they would be abducted and murdered and their homes would be looted. The Jewish community sent a complaint letter (a letter!) to President Salah, who promised that their homes would be protected. Good times.

    Sure, 2001-2008, a lot about al Qaeda in Iraq, and Afghanistan, and more recently in Pakistan. Now Yemen. I could be wrong, but it is almost– almost– as if al Qaeda kept spreading to new places despite our killing as many Muslims as we can.

    Some news from Yemen.

    – Al Qaeda’s robust terror organization in Yemen is recruiting from a pool of hundreds of thousands of Somali refugees who have fled war in their homeland, according to U.S. and Yemeni intelligence officials. Approximately 700,000 Somali refugees have made Yemen their home, and that population is expected to continue to grow in the face of the collapse of the East African nation.

    — Two American tourists were kidnapped by gunmen in Yemen Monday, and local officials said it was likely the group holding them had ties to al Qaeda.

    — A US military official warned that the global links between the groups in Yemen pose a “significant danger to our own national security because the next attack in the US may not come from someone we suspect but from a recruit born right here or someone else, like a Somali refugee.”

    — In April, 23 Somalis who entered Mexico illegally earlier in the year were believed headed for the US after being released by Mexican authorities.Several were directly connected to Islamo-terror group Al-Shabaab, according to the law enforcement documents.

    — US makes a drone attack a day in Yemen. The increase of such attacks is part of a US strategy to employ more drones to curb what the US believes is a growing terror threat in Yemen. The US plans to begin supplementing US military drones with CIA drones.


    Only intelligent comment made: A Yemen defence official, who requested anonymity, said he ws worried that US strategy may backfire. “The United States is turning Yemen into another Pakistan,” he said. He said relatives of innocent drone-attack victims will seek to avenge the deaths and resort to terror.

    Can we please listen to that guy?




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    Posted in Embassy/State, Police State