Showing posts with label Central Intelligence Agency (CIA). Show all posts
Showing posts with label Central Intelligence Agency (CIA). Show all posts

Tuesday, February 11, 2014

The NSA’s Secret Role in the U.S. Assassination Program

By Jeremy Scahill and Glenn Greenwald 10 Feb 2014

The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people.

According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using.

"Turns out I'm really good at killing people. Didn't know that would be a strong suit of mine."
~ President Barak Obama

The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere.

His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen.

In one tactic, the NSA “geolocates” the SIM card or handset of a suspected terrorist’s mobile phone, enabling the CIA and U.S. military to conduct night raids and drone strikes to kill or capture the individual in possession of the device.

The former JSOC drone operator is adamant that the technology has been responsible for taking out terrorists and networks of people facilitating improvised explosive device attacks against U.S. forces in Afghanistan. But he also states that innocent people have “absolutely” been killed as a result of the NSA’s increasing reliance on the surveillance tactic.

One problem, he explains, is that targets are increasingly aware of the NSA’s reliance on geolocating, and have moved to thwart the tactic. Some have as many as 16 different SIM cards associated with their identity within the High Value Target system. Others, unaware that their mobile phone is being targeted, lend their phone, with the SIM card in it, to friends, children, spouses and family members.

Some top Taliban leaders, knowing of the NSA’s targeting method, have purposely and randomly distributed SIM cards among their units in order to elude their trackers. “They would do things like go to meetings, take all their SIM cards out, put them in a bag, mix them up, and everybody gets a different SIM card when they leave,” the former drone operator says. “That’s how they confuse us.”

As a result, even when the agency correctly identifies and targets a SIM card belonging to a terror suspect, the phone may actually be carried by someone else, who is then killed in a strike. According to the former drone operator, the geolocation cells at the NSA that run the tracking program – known as Geo Cell –sometimes facilitate strikes without knowing whether the individual in possession of a tracked cell phone or SIM card is in fact the intended target of the strike.

“Once the bomb lands or a night raid happens, you know that phone is there,” he says. “But we don’t know who’s behind it, who’s holding it. It’s of course assumed that the phone belongs to a human being who is nefarious and considered an ‘unlawful enemy combatant.’ This is where it gets very shady.”

The former drone operator also says that he personally participated in drone strikes where the identity of the target was known, but other unknown people nearby were also killed.

“They might have been terrorists,” he says. “Or they could have been family members who have nothing to do with the target’s activities.”

What’s more, he adds, the NSA often locates drone targets by analyzing the activity of a SIM card, rather than the actual content of the calls. Based on his experience, he has come to believe that the drone program amounts to little more than death by unreliable metadata.

“People get hung up that there’s a targeted list of people,” he says. “It’s really like we’re targeting a cell phone. We’re not going after people – we’re going after their phones, in the hopes that the person on the other end of that missile is the bad guy.”

The Obama administration has repeatedly insisted that its operations kill terrorists with the utmost precision.

In his speech at the National Defense University last May, President Obama declared that “before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.” He added that, “by narrowly targeting our action against those who want to kill us and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.”

But the increased reliance on phone tracking and other fallible surveillance tactics suggests that the opposite is true. The Bureau of Investigative Journalism, which uses a conservative methodology to track drone strikes, estimates that at least 273 civilians in Pakistan, Yemen and Somalia have been killed by unmanned aerial assaults under the Obama administration. A recent study conducted by a U.S. military adviser found that, during a single year in Afghanistan – where the majority of drone strikes have taken place – unmanned vehicles were 10 times more likely than conventional aircraft to cause civilian casualties.

The NSA declined to respond to questions for this article. Caitlin Hayden, a spokesperson for the National Security Council, also refused to discuss “the type of operational detail that, in our view, should not be published.”

In describing the administration’s policy on targeted killings, Hayden would not say whether strikes are ever ordered without the use of human intelligence. She emphasized that “our assessments are not based on a single piece of information. We gather and scrutinize information from a variety of sources and methods before we draw conclusions.”

Hayden felt free, however, to note the role that human intelligence plays after a deadly strike occurs. “After any use of targeted lethal force, when there are indications that civilian deaths may have occurred, intelligence analysts draw on a large body of information – including human intelligence, signals intelligence, media reports, and surveillance footage – to help us make informed determinations about whether civilians were in fact killed or injured.”

The government does not appear to apply the same standard of care in selecting whom to target for assassination. The former JSOC drone operator estimates that the overwhelming majority of high-value target operations he worked on in Afghanistan relied on signals intelligence, known as SIGINT, based on the NSA’s phone-tracking technology.

“Everything they turned into a kinetic strike or a night raid was almost 90 percent that,” he says. “You could tell, because you’d go back to the mission reports and it will say ‘this mission was triggered by SIGINT,’ which means it was triggered by a geolocation cell.”

In July, the Washington Post relied exclusively on former senior U.S. intelligence officials and anonymous sources to herald the NSA’s claims about its effectiveness at geolocating terror suspects.

Within the NSA, the paper reported, “A motto quickly caught on at Geo Cell: ‘We Track ’Em, You Whack ’Em.’”

But the Post article included virtually no skepticism about the NSA’s claims, and no discussion at all about how the unreliability of the agency’s targeting methods results in the killing of innocents.

In fact, as the former JSOC drone operator recounts, tracking people by metadata and then killing them by SIM card is inherently flawed. The NSA “will develop a pattern,” he says, “where they understand that this is what this person’s voice sounds like, this is who his friends are, this is who his commander is, this is who his subordinates are. And they put them into a matrix. But it’s not always correct. There’s a lot of human error in that.”

The JSOC operator’s account is supported by another insider who was directly involved in the drone program. Brandon Bryant spent six years as a “stick monkey” – a drone sensor operator who controls the “eyes” of the U.S. military’s unmanned aerial vehicles. By the time he left the Air Force in 2011, Bryant’s squadron, which included a small crew of veteran drone operators, had been credited with killing 1,626 “enemies” in action.

Bryant says he has come forward because he is tormented by the loss of civilian life he believes that he and his squadron may have caused. Today he is committed to informing the public about lethal flaws in the U.S. drone program.

Bryant describes the program as highly compartmentalized: Drone operators taking shots at targets on the ground have little idea where the intelligence is coming from.

“I don’t know who we worked with,” Bryant says. “We were never privy to that sort of information. If the NSA did work with us, like, I have no clue.”

During the course of his career, Bryant says, many targets of U.S. drone strikes evolved their tactics, particularly in the handling of cell phones. “They’ve gotten really smart now and they don’t make the same mistakes as they used to,” he says. “They’d get rid of the SIM card and they’d get a new phone, or they’d put the SIM card in the new phone.”

As the former JSOC drone operator describes – and as classified documents obtained from Snowden confirm – the NSA doesn’t just locate the cell phones of terror suspects by intercepting communications from cell phone towers and Internet service providers. The agency also equips drones and other aircraft with devices known as “virtual base-tower transceivers” – creating, in effect, a fake cell phone tower that can force a targeted person’s device to lock onto the NSA’s receiver without their knowledge.

That, in turn, allows the military to track the cell phone to within 30 feet of its actual location, feeding the real-time data to teams of drone operators who conduct missile strikes or facilitate night raids.

The NSA geolocation system used by JSOC is known by the code name GILGAMESH. Under the program, a specially constructed device is attached to the drone. As the drone circles, the device locates the SIM card or handset that the military believes is used by the target.


Relying on this method, says the former JSOC drone operator, means that the “wrong people” could be killed due to metadata errors, particularly in Yemen, Pakistan and Somalia. “We don’t have people on the ground – we don’t have the same forces, informants, or information coming in from those areas – as we do where we have a strong foothold, like we do in Afghanistan. I would say that it’s even more likely that mistakes are made in places such as Yemen or Somalia, and especially Pakistan.”

As of May 2013, according to the former drone operator, President Obama had cleared 16 people in Yemen and five in Somalia for targeting in strikes. Before a strike is green-lit, he says, there must be at least two sources of intelligence. The problem is that both of those sources often involve NSA-supplied data, rather than human intelligence (HUMINT).

As the former drone operator explains, the process of tracking and ultimately killing a targeted person is known within the military as F3: Find, Fix, Finish. “Since there’s almost zero HUMINT operations in Yemen – at least involving JSOC – every one of their strikes relies on signals and imagery for confirmation: signals being the cell phone lock, which is the ‘find’ and imagery being the ‘unblinking eye’ which is the ‘fix.’” The “finish” is the strike itself.

“JSOC acknowledges that it would be completely helpless without the NSA conducting mass surveillance on an industrial level,” the former drone operator says. “That is what creates those baseball cards you hear about,” featuring potential targets for drone strikes or raids.

President Obama signs authorizations for “hits” that remain valid for 60 days. If a target cannot be located within that period, it must be reviewed and renewed. According to the former drone operator, it can take 18 months or longer to move from intelligence gathering to getting approval to actually carrying out a strike in Yemen. “What that tells me,” he says, “is that commanders, once given the authorization needed to strike, are more likely to strike when they see an opportunity – even if there’s a high chance of civilians being killed, too – because in their mind they might never get the chance to strike that target again.”

While drones are not the only method used to kill targets, they have become so prolific that they are now a standard part of U.S. military culture. Remotely piloted Reaper and Predator vehicles are often given nicknames. Among those used in Afghanistan, says the former JSOC drone operator, were “Lightning” and “Sky Raider.”

The latter drone, he adds, was also referred to as “Sky Raper,” for a simple reason – “because it killed a lot of people.” When operators were assigned to “Sky Raper,” he adds, it meant that “somebody was going to die. It was always set to the most high-priority missions.”

In addition to the GILGAMESH system used by JSOC, the CIA uses a similar NSA platform known as SHENANIGANS. The operation – previously undisclosed – utilizes a pod on aircraft that vacuums up massive amounts of data from any wireless routers, computers, smart phones or other electronic devices that are within range.

One top-secret NSA document provided by Snowden is written by a SHENANIGANS operator who documents his March 2012 deployment to Oman, where the CIA has established a drone base. The operator describes how, from almost four miles in the air, he searched for communications devices believed to be used by Al Qaeda in the Arabian Peninsula in neighboring Yemen.The mission was code named VICTORYDANCE.

“The VICTORYDANCE mission was a great experience,” the operator writes. “It was truly a joint interagency effort between CIA and NSA. Flights and targets were coordinated with both CIAers and NSAers. The mission lasted 6 months, during which 43 flights were flown.”

VICTORYDANCE, he adds, “mapped the Wi-Fi fingerprint of nearly every major town in Yemen.”



The NSA has played an increasingly central role in drone killings over the past five years. In one top-secret NSA document from 2010, the head of the agency’s Strategic Planning and Policy Division of the Counterterrorism Mission Management Center recounts the history of the NSA’s involvement in Yemen. Shortly before President Obama took office, the document reveals, the agency began to “shift analytic resources to focus on Yemen.”

In 2008, the NSA had only three analysts dedicated to Al Qaeda in the Arabian Peninsula in Yemen. By the fall of 2009, it had 45 analysts, and the agency was producing “high quality” signal intelligence for the CIA and JSOC.

In December 2009, utilizing the NSA’s metadata collection programs, the Obama administration dramatically escalated U.S. drone and cruise missile strikes in Yemen.

The first strike in the country known to be authorized by Obama targeted an alleged Al Qaeda camp in the southern village of al-Majala.

The strike, which included the use of cluster bombs, resulted in the deaths of 14 women and 21 children. It is not clear whether the strike was based on metadata collection; the White House has never publicly explained the strike or the source of the faulty intelligence that led to the civilian fatalities.

Another top-secret NSA document confirms that the agency “played a key supporting role” in the drone strike in September 2011 that killed U.S. citizen Anwar al-Awlaki, as well as another American, Samir Khan. According to the 2013 Congressional Budget Justification, “The CIA tracked [Awlaki] for three weeks before a joint operation with the U.S. military killed” the two Americans in Yemen, along with two other people.

When Brandon Bryant left his Air Force squadron in April 2011, the unit was aiding JSOC in its hunt for the American-born cleric. The CIA took the lead in the hunt for Awlaki after JSOC tried and failed to kill him in the spring of 2011.


According to Bryant, the NSA’s expanded role in Yemen has only added to what he sees as the risk of fatal errors already evident in CIA operations. “They’re very non-discriminate with how they do things, as far as you can see their actions over in Pakistan and the devastation that they’ve had there,” Bryant says about the CIA. “It feels like they tried to bring those same tactics they used over in Pakistan down to Yemen. It’s a repeat of tactical thinking, instead of intelligent thinking.”

Those within the system understand that the government’s targeting tactics are fundamentally flawed. According to the former JSOC drone operator, instructors who oversee GILGAMESH training emphasize:


“‘This isn’t a science. This is an art.’ It’s kind of a way of saying that it’s not perfect.”

Yet the tracking “pods” mounted on the bottom of drones have facilitated thousands of “capture or kill” operations in Afghanistan, Iraq, Yemen, Somalia and Pakistan since September 11. One top-secret NSA document provided by Snowden notes that by 2009, “for the first time in the history of the U.S. Air Force, more pilots were trained to fly drones … than conventional fighter aircraft,” leading to a “‘tipping point’ in U.S. military combat behavior in resorting to air strikes in areas of undeclared wars,” such as Yemen and Pakistan.

The document continues: “Did you ever think you would see the day when the U.S. would be conducting combat operations in a country equipped with nuclear weapons without a boot on the ground or a pilot in the air?”

Even NSA operatives seem to recognize how profoundly the agency’s tracking technology deviates from standard operating methods of war.

One NSA document from 2005 poses this question: “What resembles ‘LITTLE BOY’ (one of the atomic bombs dropped on Japan during World War II) and as LITTLE BOY did, represents the dawn of a new era (at least in SIGINT and precision geolocation)?”

Its reply: “If you answered a pod mounted on an Unmanned Aerial Vehicle (UAV) that is currently flying in support of the Global War on Terrorism, you would be correct.”


Another document boasts that geolocation technology has “cued and compressed numerous ‘kill chains’ (i.e. all of the steps taken to find, track, target, and engage the enemy), resulting in untold numbers of enemy killed and captured in Afghanistan as well as the saving of U.S. and Coalition lives.”

The former JSOC drone operator, however, remains highly disturbed by the unreliability of such methods. Like other whistleblowers, including Edward Snowden and Chelsea Manning, he says that his efforts to alert his superiors to the problems were brushed off. “The system continues to work because, like most things in the military, the people who use it trust it unconditionally,” he says.

When he would raise objections about intelligence that was “rushed” or “inaccurate” or “outright wrong,” he adds, “the most common response I would get was ‘JSOC wouldn’t spend millions and millions of dollars, and man hours, to go after someone if they weren’t certain that they were the right person.’ There is a saying at the NSA: ‘SIGINT never lies.’ It may be true that SIGINT never lies, but it’s subject to human error.”

The government’s assassination program is actually constructed, he adds, to avoid self-correction. “They make rushed decisions and are often wrong in their assessments. They jump to conclusions and there is no going back to correct mistakes.” Because there is an ever-increasing demand for more targets to be added to the kill list, he says, the mentality is “just keep feeding the beast.”

For Bryant, the killing of Awlaki – followed two weeks later by the killing of his 16-year-old son, Abdulrahman al Awlaki, also an American citizen – motivated him to speak out. Last October, Bryant appeared before a panel of experts at the United Nations – including the UN’s special rapporteur on human rights and counterterrorism, Ben Emmerson, who is currently conducting an investigation into civilians killed by drone strikes.

Dressed in hiking boots and brown cargo pants, Bryant called for “independent investigations” into the Obama administration’s drone program. “At the end of our pledge of allegiance, we say ‘with liberty and justice for all,’” he told the panel. “I believe that should be applied to not only American citizens, but everyone that we interact with as well, to put them on an equal level and to treat them with respect.”

Unlike those who oversee the drone program, Bryant also took personal responsibility for his actions in the killing of Awlaki. “I was a drone operator for six years, active duty for six years in the U.S. Air Force, and I was party to the violations of constitutional rights of an American citizen who should have been tried under a jury,” he said. “And because I violated that constitutional right, I became an enemy of the American people.”

Bryant later told The Intercept, “I had to get out because we were told that the president wanted Awlaki dead. And I wanted him dead. I was told that he was a traitor to our country…. I didn’t really understand that our Constitution covers people, American citizens, who have betrayed our country. They still deserve a trial.”

The killing of Awlaki and his son still haunt Bryant. The younger Awlaki, Abdulrahman, had run away from home to try to find his dad, whom he had not seen in three years. But his father was killed before Abdulrahman could locate him. Abdulrahman was then killed in a separate strike two weeks later as he ate dinner with his teenage cousin and some friends. The White House has never explained the strike.

“I don’t think there’s any day that goes by when I don’t think about those two, to be honest,” Bryant says. “The kid doesn’t seem like someone who would be a suicide bomber or want to die or something like that. He honestly seems like a kid who missed his dad and went there to go see his dad.”

Last May, President Obama acknowledged that “the necessary secrecy” involved in lethal strikes “can end up shielding our government from the public scrutiny that a troop deployment invites. It can also lead a president and his team to view drone strikes as a cure-all for terrorism.”

But that, says the former JSOC operator, is precisely what has happened. Given how much the government now relies on drone strikes – and given how many of those strikes are now dependent on metadata rather than human intelligence – the operator warns that political officials may view the geolocation program as more dependable than it really is.

“I don’t know whether or not President Obama would be comfortable approving the drone strikes if he knew the potential for mistakes that are there,” he says. “All he knows is what he’s told.”

Whether or not Obama is fully aware of the errors built into the program of targeted assassination, he and his top advisors have repeatedly made clear that the president himself directly oversees the drone operation and takes full responsibility for it. Obama once reportedly told his aides that it “turns out I’m really good at killing people.”

The president added, “Didn’t know that was gonna be a strong suit of mine.”

Ryan Devereaux contributed to this article.

Thursday, December 26, 2013

An Infographic about Some Conspiracy Theories that Turned Out to be True

Now, even though this handful of conspiracy theories might have been true all along, this isn't an attempt by me at claiming all conspiracy theories are validated as a result. Quite the contrary: my interest in conspiracy theories is more toward the role of a spoiler or debunker, even though I really do find some of them to be fascinating. They make a boring world a little less boring merely by contemplating their validity. I happen to think a couple more of them are close to becoming the data to support another a similar infographic being posted in the future...



Thursday, July 19, 2012

War on All Fronts

by PAUL CRAIG ROBERTS
 
The Russian government has finally caught on that its political opposition is being financed by the US taxpayer-funded National Endowment for Democracy and other CIA/State Department fronts in an attempt to subvert the Russian government and install an American puppet state in the geographically largest country on earth, the one country with a nuclear arsenal sufficient to deter Washington’s aggression.

Just as earlier this year Egypt expelled hundreds of people associated with foreign-funded “non-governmental organizations” (NGOs) for “instilling dissent and meddling in domestic policies,”  the Russian Duma (parliament) has just passed a law that Putin is expected to sign that requires political organizations that receive foreign funding to register as foreign agents.  The law is based on the US law requiring the registration of foreign agents.

Much of the Russian political opposition consists of foreign-paid agents, and once the law passes leading elements of the Russian political opposition will have to sign in with the Russian Ministry of Justice as foreign agents of Washington.  The Itar-Tass News Agency reported on July 3 that there are about 1,000 organizations in Russia that are funded from abroad and engaged in political activity.  Try to imagine the outcry if the Russians were funding 1,000 organizations in the US engaged in an effort to turn America into a Russian puppet state. (In the US the Russians would find a lot of competition from Israel.)

The Washington-funded Russian political opposition masquerades behind “human rights” and says it works to “open Russia.”  What the disloyal and treasonous Washington-funded Russian “political opposition” means by “open Russia” is to open Russia for brainwashing by Western propaganda, to open Russia to economic plunder by the West, and to open Russia to having its domestic and foreign policies determined by Washington.

“Non-governmental organizations” are very governmental. They have played pivotal roles in both financing and running the various “color revolutions” that have established American puppet states in former constituent parts of the Soviet Empire. NGOs have been called “coup d’etat machines,” and they have served Washington well in this role. They are currently working in Venezuela against Chavez.

Of course, Washington is infuriated that its plans for achieving hegemony over a country too dangerous to attack militarily have been derailed by Russia’s awakening, after two decades, to the threat of being politically subverted by Washington-financed NGOs.  Washington requires foreign-funded organizations to register as foreign agents (unless they are Israeli funded). 

However, this fact doesn’t stop Washington from denouncing the new Russian law as “anti-democratic,” “police state,” blah-blah.  Caught with its hand in subversion, Washington calls Putin names. The pity is that most of the brainwashed West will fall for Washington’s lies, and we will hear more about “gangster state Russia.”

China is also in Washington’s crosshairs.  China’s rapid rise as an economic power is perceived in Washington as a dire threat. China must be contained. Obama’s US Trade Representative has been secretly negotiating for the last 2 or 3 years a Trans Pacific Partnership, whose purpose is to derail China’s natural economic leadership in its own sphere of influence and replace it with Washington’s leadership.

Washington is also pushing to form new military alliances in Asia and to establish new military bases in the Philippines, S. Korea, Thailand, Vietnam, Australia, New Zealand, and elsewhere.
Washington quickly inserted itself into disputes between China and Vietnam and China and the Philippines. Washington aligned with its former Vietnamese enemy in Vietnam’s dispute with China over the resource rich Paracel and Spratly islands and with the Philippines in its dispute with China over the resource rich Scarborough Shoal.

Thus, like England’s interference in the dispute between Poland and National Socialist Germany over the return to Germany of German territories that were given to Poland as World War I booty, Washington sets the stage for war.

China has been cooperative with Washington, because the offshoring of the US economy to China was an important component in China’s unprecedented high rate of economic development. American capitalists got their short-run profits, and China got the capital and technology to build an economy that in another 2 or 3 years will have surpassed the sinking US economy.  Jobs offshoring, mistaken for free trade by free market economists, has built China and destroyed America.

Washington’s growing interference in Chinese affairs has convinced China’s government that military countermeasures are required to neutralize Washington’s announced intentions to build its military presence in China’s sphere of influence.  Washington’s view is that only Washington, no one else, has a sphere of influence, and Washington’s sphere of influence is the entire world.
On July 14 China’s official news agency, Xinhua, said that Washington was interfering in Chinese affairs and making China’s disputes with Vietnam and the Philippines impossible to resolve.

It looks as if an over-confident US government is determined to have a three-front war: Syria, Lebanon, and Iran in the Middle East, China in the Far East, and Russia in Europe. This would appear to be an ambitious agenda for a government whose military was unable to occupy Iraq after nine years or to defeat the lightly-armed Taliban after eleven years, and whose economy and those of its NATO puppets are in trouble and decline with corresponding rising internal unrest and loss of confidence in political leadership.

Tuesday, May 22, 2012

Top Obama Officials, Secretive Process Create 'Assassination List'

Tuesday, May 22, 2012 by Common Dreams
President Obama's counter-terrorism chief has "seized the lead" in secretly determining who will die by US drone

US officials with firsthand knowledge of how the government determines who gets put on the CIA and Pentagon's lists for 'targeted killing' have confessed concern over the implications and nature of the process.  In conversations with the Associated Press, one official involved -- who spoke with assurances of anonymity -- said that some of those carrying out the policy have become leery of "how easy it has become to kill someone," under the rules established under the Obama administration and orchestrated by Obama's top counter-terrorism adviser, John Brennan.

Brennan, who last month offered the first public admission by a White House official of the existence of the clandestine drone assassination program in places like Pakistan and Yemen, has amassed unique powers by consolidating the decision-making process to a select and tightly-controlled group of people, according to AP's reporting.

"Under the new plan, Brennan's staff compiles the potential target list and runs the names past agencies such as the State Department at a weekly White House meeting," the report cites officials as describing. "Previously, targets were first discussed in meetings run by the chairman of the Joint Chiefs of Staff, Adm. Mike Mullen at the time, with Brennan being just one of the voices in the debate. Brennan ultimately would make the case to the president, but a larger number of officials would end up drawn into the discussion."

... some of those carrying out the policy have become leery of "how easy it has become to kill someone."

Human rights and civil liberties groups have called for the White House to disclose to the public the legal process by which names end up on the targeting lists, but this report will likely give them little comfort.

"The targeted killing program goes beyond the law by claiming unprecedented authority for the executive branch," wrote the ACLU's Josh Bell after learning the White House had again delayed filing requirements in response to a FOIA request for records regarding the program. "Releasing information about how the program works is the first step in the process of bringing it in line with the Constitution," he said.

Glenn Greenwald, writing at Salon.com, responding to the AP story today by observing: "Reuters previously described the secret process used to determine which human beings, including American citizens, would be targeted for due-process-free death-by-CIA: they “are placed on a kill or capture list by a secretive panel of senior government officials” with “no public record” nor “any law establishing its existence or setting out the rules” — an actual death panel, though one invented by the White House rather than established by law. And now John Brennan has even more control over the process, and fewer checks, when issuing these death sentence decrees."

And journalist Jeremy Scahill, a vocal critic of the US assassination program, tweeted with noted sarcasm:

*  *  *
Associated Press reports: [with emphasis provided by Greenwald]:
White House counterterror chief John Brennan has seized the lead in choosing which terrorists will be targeted for drone attacks or raids, establishing a new procedure for both military and CIA targets.
The effort concentrates power over the use of lethal U.S. force outside war zones within one small team at the White House.
The process, which is about a month old, means Brennan’s staff consults with the State Department and other agencies as to who should go on the target list, making the Pentagon’s role less relevant, according to two current and three former U.S. officials aware of the evolution in how the government goes after terrorists. . . .
Brennan’s effort gives him greater input earlier in the process, before making final recommendation to President Barack Obama. Officials outside the White House expressed concern that drawing more of the decision-making process to Brennan’s office could turn it into a pseudo military headquarters, entrusting the fate of al-Qaida targets to a small number of senior officials. . . .
Some of the officials carrying out the policy are equally leery of “how easy it has become to kill someone,” one said. The U.S. is targeting al-Qaida operatives for reasons such as being heard in an intercepted conversation plotting to attack a U.S. ambassador overseas, the official said. . . .
Human rights and civil liberties groups have argued for the White House to make public the legal process by which names end up on the targeting lists.
“We continue to believe, based on the information available, that the (drone) program itself is not just unlawful but dangerous,” said Hina Shamsi, director of the ACLU National Security Project. “It is dangerous to characterize the entire planet as a battlefield.”
Shrinking the pool of people deciding who goes on the capture/kill list means fewer people to hold accountable, said Mieke Eoyang from Third Way, a centrist Democratic think tank.
“As a general principle, if people think someone is checking their work, they are more careful,” Eoyang said. “Small groups can fall victim to group-think.”
*  *  *
Glenn Greenwald: John Brennan's New Power
Remember in the Bush era when little things like the Patriot Act and warrantless eavesdropping and military commissions were the Radical and Lawless Assaults Trampling on Our Constitution and Our Values? Now, all those things are completely normalized — controversies over those policies are like quaint and obsolete relics of a more innocent era — and we now have things like unelected Death Sentence Czars instead.
Needless to say, all of this takes place in total secrecy, with no legal framework and no oversight of any kind. Indeed, even after they had Brennan publicly defend the CIA drone program, the Obama administration continue to insist in federal court that the program is too secretive even to confirm its existence. It’s just a tiny cadre of National Security State officials who decide, in the dark, whom they want dead, and then — once the President signs off — it is done. This is the Change with which the 2009 Nobel Peace Prize laureate has gifted us: ”some of the officials carrying out the policy are equally leery of ‘how easy it has become to kill someone.’”
Reuters previously described the secret process used to determine which human beings, including American citizens, would be targeted for due-process-free death-by-CIA: they “are placed on a kill or capture list by a secretive panel of senior government officials” with “no public record” nor “any law establishing its existence or setting out the rules” — an actual death panel, though one invented by the White House rather than established by law. And now John Brennan has even more control over the process, and fewer checks, when issuing these death sentence decrees.
Remember in the Bush era when little things like the Patriot Act and warrantless eavesdropping and military commissions were the Radical and Lawless Assaults Trampling on Our Constitution and Our Values? Now, all those things are completely normalized — controversies over those policies are like quaint and obsolete relics of a more innocent era — and we now have things like unelected Death Sentence Czars instead.

Thursday, May 3, 2012

Declassified MK-Ultra Project Documents

Declassified MK-Ultra Project Documents:

Table of Contents: Pages 1-101
                Human behavioural controls. 

continued: .pages 102 to 200

AVAILABLE SOON:" DECLASSIFIED: BEYOND MK-ULTRA: THE TECHNOLOGY OF PSYCHOLOGICAL CONDITIONING IN THE 21ST CENTURY". in pdf. and printed form.

Saturday, April 14, 2012

The Battle for the Soul of the Republic



steele1.jpgThe National Security Agency (NSA) mega-data center, combined with the Central Intelligence Agency (CIA) special relationship with Google, and the federalization of local police using Department of Homeland Security (DHS) funds to pay for monitoring both the locations and the conversations of anyone they wish -- without a warrant --suggest that the government of the United States of America (USA)-from local to national-is no longer in friendly hands.
As a professional intelligence officer and a retired Marine Corps officer, I am deeply offended, personally threatened, and patriotically alarmed.  Evil has triumphed across the United States of America.  Every single institution -- from academies to civil society to commerce to the government and law enforcement at all levels, the media, the out of control military-industrial complex, and the bottom-feeding non-governmental and non-profit organizations that suck at the federal government tits gorged with printed money -- has failed to respect the Constitution.  There is neither intelligence nor integrity at the highest levels of all of our institutions.
2012 is a year of confrontation and convergence.  On the confrontation side, we have a federal government that dismisses the Constitution across all three branches -- a Court that believes corporations are citizens and strip-searches for parking tickets are "okay"; a Congress that abdicates its Article 1 responsibilities, instead serving as foot-soldiers to the corrupt two-party tyranny that excludes the majority from the ballot and the vote; and an Executive that borrows a trillion a year in our name, wastes two trillion a year, and has claimed the right to kill US citizens without due process, and to lie to the Courts when it deems it necessary for "national security."
There is nothing secure about the USA today, and the root of our insecurity is entirely of our own making.  The traitors among us -- the Wall Street banks and their front end, the Federal Reserve; the two political parties, best of the servant class; and a broad band of political appointee and uniformed flag officers (generals and admirals) as well as their civilian equivalent, the senior executive service, are all enmeshed in a grid of high crimes and misdemeanors that relegate the USA to being a Third World nation, crooked at the top, impoverished at the bottom.
The National Security Agency (NSA) is the poster child for the growth of Top Secret America: The Rise of the New American Security State.  There are two major "costs" to the citizen of this pervasive national surveillance state.  First is the cost of creating it.  NSA and the Cyber-Command, led by the same politically-complacent individual, General Keith Alexander (the man responsible for ABLE DANGER not reporting its findings to the Federal Bureau of Investigation in advance of 9/11), now costs the taxpayer over $25 billion dollars a year.  A drop in the bucket when compared to the trillion a year spent on the US military, or the trillion a year spent on earmarks, entitlements, and other forms of  Congressionally-mandated waste, but a useful example to discuss.  Second is the cost to society of a government focused on the wrong targets for the wrong reasons.  For one third of what we spend on the US militaryincluding the secret intelligence world, we could eradicate the ten high-level threats to humanity from poverty to war to genocide to human trafficking.  For what we spend on NSA we could give every one of the five billion poor a free cell phone for life, backed up by call centers that educate them "one cell call at a time."
NSA is an example of a closed system, a secret system, a system without accountability, a system that processes less than 7% of what it collects on "important" targets such as China, and less than 1% of all that it collects.  It is, in other words, a pathologically ineffective organization, not just a pathologically intrusive organization.
Bearing in mind that NSA has cost the taxpayer hundreds of billions of dollars -- over a trillion dollars over its history and in today's inflated (devalued) dollars; it is quite salutary to recognize that still today NSA has not been able to build the ultimate computer.  In the words of James Bamford, the foremost author of books about NSA, as he described the ultimate computer in his last sentence of the book BODY OF SECRETS: Anatomy of the Ultra-Secret National Security Agency:
Eventually NSA may secretly achieve the ultimate in quickness, compatibility, and efficiency -- a computer with petaflop and higher speeds shrunk into a container about a liter in size, and powered by only about ten watts of power: the human brain.
"Top Secret America" is an Administrative Law state, an inverted democracy, a totalitarian attempt to micro-manage everything from agriculture to water (the latter now under military control according to the latest national security decision memorandum).  The reason Congress strives to micro-manage is clear: this is how they extort money, using micro-management to frame earmarks and exemptions.  The Congress refuses to acknowledge the ten high-level threats to humanity while making the first threat -- poverty -- much worse within the USA. We now spend more on food stamps [Obama dollars] than we do on education.  In brief, our government is ignorant, unethical, and ineffective.  It is also pathologically out of control and acting against the public interest across the board.  
The corruption of the US Government is comprehensive -- the Cabinet departments strive to protect budget share for the recipients of taxpayer revenue and borrowed funds, instead of actually striving to address the public interest.  From agriculture, where 47% of the food is lost from mega-farm to processing to supermarket to home to trash; to energy where 50% of the generated energy is lost in the very inefficient downstream process; to health, where 50% of every federal dollar spent on health is documented waste; to the military, where the model for embedded fraud, waste, and abuse originated, We the People are no longer represented, nor served with integrity, by our so-called national government.
The time has come for the United STATES of America to dissolve the federation and eliminate the Congress, the Executive, and the Supreme Court.  I recommend that Alaska, Hawaii, Maine, Oregon, Texas, Vermont, and Washington threaten to secede from the Union immediately, demanding a new Constitutional Convention as a condition for returning to a reconstituted Second American Republic.  The rest of the STATES should be nullifying every federal regulation and expelling federal employees and especially federal military contingents, from their territory.  We need to rebuild the USA from the bottom-up, at Human Scale, with integral resilience, which is to say, true deep independence from any external authority.
There is a better way, the Open Source Everything (OSE) way.  For some time now the model created by Richard Stallman and other pioneers of Free/Open Source Software (F/OSS) has been migrating to other areas.  Open Government, Open Society, and Open Source Intelligence (OSINT) are three such areas.  Below is a figure from the forthcoming book (to be released 5 June 2012, now available for pre-order at all major online stores), THE OPEN SOURCE EVERYTHING MANIFESTO: Transparency, Truth & Trust.
The OSE way is the way of Panarchy -- of harnessing and empowering every human brain, of enabling all humans to connect to all information openly, transparently, making truth the primary input and trust the primary output.
The OSE way breaks the back of the closed Industrial Era tendency to "manufacture evil" as Lionel Tiger put it.  Commoditizing humans and locking up knowledge is the worst possible strategy for resilience in a complex delicate environment of "Peak Everything."  In the face to total corruption and total lack of responsibility at the federal level -- a corruption inherent in the two-party tyranny that promises no public gain irrespective of which of the two theatrical puppets might "win" the 2012 election already plagued by vote manipulation across the primaries -- we who wish to survive and prosper have no alternative but to reject the federal, secret, closed, corrupt system now in place as well as its illegitimate off-spring at the state and local levels.
THE OPEN SOURCE EVERYTHING MANIFESTO: Transparency, Truth & Trust is the culmination of my life's work as a former spy and former Marine Corps officer.  It is my ninth book, the first written for the general public and the first to be available in all bookstores.  It is also the first that is not also free online, a concession necessary to achieve the broadest possible sales to support North Atlantic Books / Evolver Editions.  They have priced the book honorably, and it can be bought right now on Amazon for under $10.
We are in an era where the government is lying to the public about everything.  The unemployment rate is actually 22.4% (and it is closer to 40% for the 18-24 and 55-65 year-old demographics).  Jobs are not being created, they are being lost.  Virtually everything that each Cabinet department claims in support of their respective budgets is a lie.  The Department of Defense (DoD) of which NSA is a major part, is especially corrupt and ineffective.  The infantry -- the most honorable and decent part of defense, comprises 4% of the total force, takes 80% of the casualties, and receives 1% -- ONE PERCENT -- of the total defense budget.  It is my judgment that at least 50% of the other 99% is fraud, waste, or abuse.  The service chiefs have been dishonorable, rejecting intelligence (decision-support on policy, acquisition, and operations) and forsaking integrity.  I am ashamed of what passes for "leadership" these days and agree with Lee Iacocca -- there are no leaders in Washington, only craven over-promoted clerks striving to please their banking and corporate masters against the day they can "retire" after a career in betrayal of the public trust, and roll over into an even more lucrative second career as a "beltway bandit."
I have led the Open Source Intelligence (OSINT) movement these past 20 years, and while 90 governments have created OSINT units, the US Government has refused to modernize its intelligence fiefdoms, and continues to provide no more than 4% -- according to General Tony Zinni, USMC (Ret) -- of what any major official needs, and nothing for everyone else.  I have addressed this in my CounterPunch article, "Intelligence for the President-AND Everyone Else."
Today I am seeking one government or one great international university that is interested in creating an Open Source Agency (OSA) such as a handful of us finally got on to pages 23 and 423 of the 9/11 Commission Report, but under diplomatic auspices rather than spy auspices.  In the USA, Hillary Rodham Clinton has no legacy of note -- this could be her legacy.  Otherwise, I offer this to Brazil, China, India, Indonesia, Russia, South Africa, Turkey, or Venezuela -- together with the new financial system that is emerging in rejection of the vast corruption attendant to the US dollar.  The OSA, integrating a World Brain, a Global Game, and a Multinational Decision Support Centre (MDSC), could create a prosperous world at peace.
The rest of the world is now routing around the US Government because its corruption and its pathological disconnect from both ethics and reality.  The USG is now correctly seen as a fatal cancer for global to local governance, something Latin Americans realized long ago, as so ably described in Open Veins of Latin America.  Hybrid governance is the new way of the world.  This means that the eight communities of information: the academy, civil society including labor unions and religions, commerce, government at all levels, law enforcement, media including bloggers, military, and non-governmental/non-profit organizations -- must all learn to achieve consensus on the basis of shared information and a shared process of sense-making.
True cost economics and a strategic analytic model that integrates the ten high-level threats to humanity and the twelve core policies from Agriculture to Water, must be the heart of this new global to local panarchic system of self-governance.  The first major government or the first major university to create a School of Future-Oriented Hybrid Governance could become the de facto leader of the 21st Century, gaining enormous legitimacy and with legitimacy, global reach and effectiveness, from transparent truthful shared information.  As long as they root everything in ethics, and understand Will and Ariel Durant's point in Lessons of History that the only lasting revolution is in the mind of man, I have no doubt that our future will be bright.  There are not enough guns to keep us all down; the five billion poor and their brains are the one unlimited resources we have; from transparency, truth, from truth, trust, from trust, a prosperous world at peace.  St.

Friday, April 13, 2012

World’s Apex Bully Leads World Into Lawlessness

Globalism's Perverse Rewards
by PAUL CRAIG ROBERTS


The US government pretends to live under the rule of law, to respect human rights, and to provide freedom and democracy to citizens. Washington’s pretense and the stark reality are diametrically opposed.

US government officials routinely criticize other governments for being undemocratic and for violating human rights. Yet, no other country except Israel sends bombs, missiles, and drones into sovereign countries to murder civilian populations. The torture prisons of Abu Gahraib, Guantanamo, and CIA secret rendition sites are the contributions of the Bush/Obama regimes to human rights.

Washington violates the human rights of its own citizens. Washington has suspended the civil liberties guaranteed in the US Constitution and declared its intention to detain US citizens indefinitely without due process of law. President Obama has announced that he, at his discretion, can murder US citizens whom he regards as a threat to the US.

Congress did not respond to these extraordinary announcements with impeachment proceedings. There was no uproar from the federal courts, law schools, or bar associations. Glenn Greenwald reports that the Department of Homeland Security harasses journalists who refuse to be presstitutes, and we have seen videos of the brutal police oppression of peaceful OWS protestors. Chris Floyd has described on CounterPunch the torture-perverts who rule the US.

Now Washington is forcing as much of the world as it can to overthrow international treaties and international law. Washington has issued a ukase that its word alone is international law. Any country, except those who receive Washington’s dispensation, that engages in trade with Iran or purchases Iran’s oil will be sanctioned by the US. These countries will be cut off from US markets, and their banking systems will not be able to use banks that process international payments. In other words, Washington’s “sanctions against Iran” apply not to Iran but to countries that defy Washington and meet their energy needs with Iranian oil.

According to the Christian Science Monitor, so far Washington has granted special privileges to Japan and 10 European Union countries to continue purchasing Iranian oil. Requiring countries to shut down their economies in order to comply with Washington’s vendetta against Iran, a vendetta that has been ongoing ever since the Iranians overthrew the Washington-installed puppet, the Shah of Iran, more than three decades ago, was more than Washington could get away with. Washington has permitted Japan to keep importing between 78-85 per cent of its normal oil imports from Iran.

Washington’s dispensations, however, are arbitrary. Dispensations have not been granted to China, India, Turkey, and South Korea. India and China are the largest importers of Iranian oil, and Turkey and South Korea are among the top ten importers. Before looking at possible unintended consequences of Washington’s vendetta against Iran, what is Washington’s case against Iran?

Frankly, Washington has no case. It is the hoax of “weapons of mass destruction” all over again. Iran, unlike Israel, signed the non-proliferation treaty. All countries that sign the treaty have the right to nuclear energy. Washington claims that Iran is violating the treaty by developing a nuclear weapon. There is no evidence whatsoever for Washington’s assertion. Washington’s own 16 intelligence agencies are unanimous that Iran has had no nuclear weapons program since 2003. Moreover, the International Atomic Energy Agency’s weapons inspectors are in Iran and have reported consistently that there is no diversion of nuclear material from the energy program to a weapons program.

On the rare occasion when Washington is reminded of the facts, Washington makes a different case. Washington asserts that Iran’s rights under the non-proliferation treaty notwithstanding, Iran cannot have a nuclear energy program, because Iran would then have learned enough to be able at some future time to make a bomb. The world’s apex bully has unilaterally decided that the possibility that Iran might one day decide to make a nuke is too great a risk to take. It is better, Washington says, to drive up the oil price, disrupt the world economy, violate international law, and risk a major war than to have to worry that a future Iranian government will make a nuclear weapon. This is the Jeremy Bentham tyrannical approach to law that was repudiated by the Anglo-American legal system.

It is difficult to characterize Washington’s position as one of good judgment. Moreover, Washington has never explained the huge risk Washington sees in the possibility of an Iranian nuke. Why is this risk so much greater than the risk associated with Soviet nukes or with the nukes of the US, Russia, China, Israel, Pakistan, India, and North Korea today? Iran is a relatively small country. It does not have Washington’s world ambitions. Unlike Washington, Iran is not at war with a half dozen countries. Why is Washington destroying America’s reputation as a country that respects law and risking a major war and economic dislocation over some possible future development, the probability of which is unknown?

There is no good answer to this question. Lacking evidence for a case against Iran, Washington and Israel have substituted demonization. The lie has been established as truth that the current president of Iran intends to wipe Israel off the face of the earth.

This lie has succeeded as propaganda even though numerous language experts have proven that the intention attributed to the Iranian president by American-Israeli propaganda is a gross mistranslation of what the president of Iran said. Once again, for Washington and its presstitutes, facts do not count. The agenda is all that counts, and any lie will be used to advance the agenda.

Washington’s sanctions could end up biting Washington harder than they bite Iran. What will Washington do if India, China, Turkey and South Korea do not succumb to Washington’s threats?

According to recent news reports, India and China are not inclined to inconvenience themselves and to harm their economic development in order to support Washington’s vendetta against Iran. Having watched China’s rapid rise and having observed North Korea’s immunity to American attack, South Korea might be wondering how much longer it intends to remain Washington’s puppet state. Turkey, where the civilian and somewhat Islamist government has managed to become independent of the US- controlled Turkish military, appears to be slowly coming to the realization that Washington and NATO have Turkey in a “service role” in which Turkey is Washington’s agent against its own kind.

The Turkish government appears to be reassessing the benefits of being Washington’s pawn.

What Turkey and South Korea face is basically a decision whether they will be independent countries or be subsumed within Washington’s empire. The success of the American-Israeli assault on Iran’s independence depends on India and China.

If India and China give the bird to Washington, what can Washington do? Absolutely nothing. What if Washington, drowning in its gigantic hubris, announced sanctions against India and China?

Wal-Mart’s shelves would be empty, and America’s largest retailer would be hammering on the White House door.

Apple Computer and innumerable powerful US corporations, which have offshored their production for the American market to China, would see their profits evaporate. Together with their Wall Street allies, these powerful corporations would assault America with more force than the Red Army. The Chinese trade surplus would cease to flow into US Treasury debt. The offshored-to-India back office operations of banks, credit card companies, and customer service departments of utilities throughout the US would cease to function.
In America, chaos would reign. Such are the rewards to the Empire of globalism.

Obama and the neoconservative and Israeli warmongers who urge him on to more wars do not understand that the US is no longer an independent country. America is owned by offshoring corporations and the foreign countries in which the corporations have located their production for US markets. Sanctions on China and India (and South Korea) mean sanctions on US corporations. Sanctions on Turkey mean sanctions on a NATO ally.

Do China, India, South Korea and Turkey realize that they hold the winning cards? Do they understand that they can give the bird to the American Empire and bring it down in collapse, or are they brainwashed like Europe and the rest of the world that the powerful Americans cannot be resisted?

Will China and India exercise their power over the US, or will the two countries fudge the issue and adopt a pose that saves face for Washington while they continue to purchase Iranian oil?

The answer to this question is: how much will Washington pay China and India in secret concessions, such as eviction of the US from the South China Sea, for their pretense that China and India acknowledge Washington’s dictatorial powers over the rest of the world?

Without concession to China and India, Washington is likely to be ignored while it watches its power evaporate. A country that cannot produce industrial and manufactured goods, but can only print debt instruments and money is not a powerful country. It is a washed-up two-bit punk that can continue to strut around until the proverbial boy says: “the Emperor has no clothes”.

Saturday, April 7, 2012

US Attack on Transparency Continues: CIA Whistleblower Indicted

Among others, Obama campaigned on the issues of increased government transparency and protection for whistleblowers, whom he claimed were heroes. Once in office, Obama's administration has prosecuted more whistleblowers than any president in US history, and more than all the presidents since Truman, combined. He has also blocked every effort to make government transparent while unconstitutionally increasing executive powers. An argument can be made that Obama is worse than Bush because we knew what we were getting with Bush. He sucked, but we knew he would suck. He didn't make and break campaign promises even close to the number Obama has. Obama lied during his campaign about many things (11 distinct campaign promises I tallied in a blog post here within the past couple of years). He has not even come close to being the president he claimed he would be during his campaign, but in fact he's almost the polar opposite of his campaign image. He ran as a progressive, and rules as a fascist authoritarian, taking away as many, or more, of our constitutional rights than Bush did. Obviously, Romney is not any better. The 2012 election may feature the two worst presidential candidates--definitely the two biggest "say anything to get elected" liars-- in US history.--jef

++++

Friday, April 6, 2012 by Common Dreams
Former CIA officer, Kiriakou, faces years in prison

Washington continues its attack on whistle-blowers today as CIA whistle-blower, John Kiriakou, has been indicted in court for charges of violating the Intelligence Identities Protection Act and three counts of violating the Espionage Act.

Former CIA officer, Kiriakou, allegedly leaked information to journalists about classified CIA operations and included classified information in his 2010 book, The Reluctant Spy: My Secret Life in the CIA's War on Terror.

Kiriakou had become a well know whistle-blower after he became the first US official to reveal the use of waterboarding, a torture technique used by the US.

Kiriakou's indictment allows the case to proceed to trial without an evidentiary hearing.

* * *

'Reluctant Spy' indicted for leaking US secrets (Agence France-Presse):
A CIA intelligence officer between 1990 and 2004, Kiriakou was accused in the indictment of leaking information to reporters anonymously identified as "Journalist A" and "Journalist B." 
The charges stem from an investigation into classified information, including photographs of a CIA official, that found its way into classified filings by defense lawyers representing detainees held at Guantanamo Bay, the US naval base in southern Cuba. 
The indictment claims Kiriakou was a source of information for a June 2008 New York Times article that identified a CIA operative and revealed other classified information. 
Kiriakou also was alleged to have lied to a CIA review board while he was seeking permission to publish a book about his experience. 
In the book, Kiriakou sought to include information about a "magic box," which was said to be a CIA scanning device allowing the agency to track Al-Qaeda suspects in Pakistan through their mobile phones.

Tuesday, March 27, 2012

Obama takes Bush’s secrecy games one step further

BY GLENN GREENWALD - SALON.com
MONDAY, MAR 26, 2012

The ACLU is suing the Obama administration under the Freedom of Information Act (FOIA), seeking to force disclosure of the guidelines used by Obama officials to select which human beings (both U.S. citizens and foreign nationals) will have their lives ended by the CIA’s drone attacks (“In particular,” the group explains, the FOIA request “seeks to find out when, where and against whom drone strikes can be authorized, and how the United States ensures compliance with international laws relating to extrajudicial killing”). The Obama administration has not only refused to provide any of that information, but worse, the CIA is insisting to federal courts that it cannot even confirm or deny the existence of a drone program at all without seriously damaging national security; from the CIA’s brief in response to the ACLU lawsuit:

. . .

What makes this so appalling is not merely that the Obama administration demands the right to kill whomever it wants without having to account to anyone for its actions, choices or even claimed legal authorities, though that’s obviously bad enough (as I wrote when the ACLU lawsuit was commenced: “from a certain perspective, there’s really only one point worth making about all of this: if you think about it, it is warped beyond belief that the ACLU has to sue the U.S. Government in order to force it to disclose its claimed "legal and factual bases" for assassinating U.S. citizens without charges, trial or due process of any kind”). What makes it so much worse is how blatantly, insultingly false is its claim that it cannot confirm or deny the CIA drone program without damaging national security.

Numerous Obama officials — including the President himself and the CIA Director — have repeatedly boasted in public about this very program. Obama recently hailed the CIA drone program by claiming that “we are very careful in terms of how it’s been applied,” and added that it is “a targeted, focused effort at people who are on a list of active terrorists, who are trying to go in and harm Americans, hit American facilities, American bases and so on.” Obama has told playful jokes about the same drone program. Former CIA Director and current Defense Secretary Leon Panetta also likes to tell cute little jokes about CIA Predator drones, and then proclaimed in December that the drone program has “been very effective at undermining al Qaeda and their ability to plan those kinds of attacks.” Just two weeks ago, Attorney General Eric Holder gave a speechpurporting to legally justify these same drone attacks.

So Obama officials are eager to publicly tout the supposed benefits of the CIA’s drone programs in order to generate political gain for the President: to make him look like some sort of Tough, Brave Warrior single-handedly vanquishing Al Qaeda. The President himself boasts about how tightly controlled, precise and effective the CIA drones are. Everyone in the world knows the CIA has a drone program. It is openly discussed everywhere, certainly including the multiple Muslim countries where the drones routinely create piles of corpses, and by top U.S. Government officials themselves.

But then when it comes time to test the accuracy of their public claims by requesting the most basic information about what is done and how execution targets are selected, and when it comes time to ask courts to adjudicate its legality, then suddenly National Security imperatives prevent the government even from confirming or denying the existence of the program: the very same program they’ve been publicly boasting and joking about. As the ACLU’s Jameel Jaffer put it after Obama publicly defended the program: “At this point, the only consequence of pretending that it’s a secret program is that the courts don’t play a role in overseeing it” – that, and ensuring that any facts that contradict these public claims remain concealed.

This is why the U.S. Government’s fixation on secrecy worse than ever under the Obama administration, as evidenced by its unprecedented war on whistleblowers — is so pernicious. It not only enables government officials to operate in the dark, which inevitably ensures vast (though undiscovered) abuses of power. Worse, it enables the government to aggressively propagandize the citizenry without challenge: Obama officials are free to make all sorts of claims about how great and targeted the drone program is and how it Keeps Us Safe™, while simultaneously suppressing any official evidence or information that would test those claims and/or contradict them (even as some evidence suggests these assurances are false).

Worse still, it literally removes our highest political officials from the rule of law. The sole purpose of these vast claims of secrecy around the drone program — the absurd notion that they cannot even confirm or deny its existence without harming National Security — is to block courts from reviewing the legality of what they’re doing, which is another way of saying: they have removed themselves from the rule of law. Even Bush DOJ lawyer Jack Goldsmith, a vociferous advocate of executive authority and secrecy powers, understands how abusive this is:

First, it is wrong . . . for the government to maintain technical covertness but then engage in continuous leaks, attributed to government officials, of many (self-serving) details about the covert operations and their legal justifications. It is wrong because it is illegal. It is wrong because it damages (though perhaps not destroys) the diplomatic and related goals of covertness. And it is wrong because the Executive branch seems to be trying to have its cake (not talking about the program openly in order to serve diplomatic interests and perhaps deflect scrutiny) and eat it too (leaking promiscuously to get credit for the operation and to portray it as lawful).

Indeed, one of the worst abuses of the lawless Bush presidency was that Bush officials repeatedly invoked secrecy powers (the State Secret privilege) to shield their most controversial and lawless programs from judicial review: warrantless eavesdropping, rendition, and torture. One of the earliest alarms about what the Obama presidency would be was when the Obama DOJ told courts early in 2009 that it would continue to assert those same radical secrecy claims: thus telling courts that the very programs which candidate Obama long denounced as illegal were now such vital State Secrets that courts must not risk their disclosure by adjudicating their legality. Beyond Obama’s decree that the DOJ must not investigate Bush-era crimes, that was the instrument used by Obama to shield Bush’s criminal policies from judicial challenge: through Kafkaesque claims of secrecy whereby programs that everyone in the world knows exist were Too Secret even to let courts examine. In sum, there is only one place in the entire world where these policies of warrantless eavesdropping, rendition, torture, and CIA drones cannot be discussed: in American courts, when it’s time to review their legality and/or allow its victims to vindicate their legal rights.

Now, in this ACLU/FOIA case, the Obama administration is taking these warped secrecy games one step further. They boast publicly about the programs to lavish themselves with praise, only to turn around once they’re sued in court and insist that the programs are too secret even to acknowledge. So extreme is the fixation on secrecy from the "Most Transparent Administration Ever™" that they are routinely reduced to this type of self-parody; behold how they are insisting in response to a separate FOIA lawsuit from The New York Times that they cannot even confirm or deny the existence of the OLC memo which authorized the assassination of Anwar Awlaki — even though the NYT reported on its contents. More amazingly still, the Obama administration continues to insist that they cannot confirm or deny the memo’s existence even after Eric Holder talks about the memo in a Senate hearing.

This would be laughable if it were not so destructive. It results in the government’s most consequential actions being completely shielded not only from public scrutiny, but also from the rule of law. It enables the most powerful political officials to inculcate the public with claims about their actions while preventing any form of checks and suppressing any contrary information. It literally means that the Obama administration is able to conduct multiple secret wars around the world, ones conducted by drone attacks, the very existence of which they refuse to acknowledge. And it is yet another way the Obama presidency is cementing the worst abuses of the Bush presidency: the very same ones he so inspirationally vowed to reverse.

UPDATE: Just this weekend, The Washington Post published a lengthy, glowing profile of the anonymous CIA official who oversees the CIA drone program. We learned how the drone program has slain countless Al Qaeda leaders with such precision and force: the same program the Obama administration insists cannot be acknowledged without seriously harming national security. Given that claim, will the anonymous officials who enabled this hagiography by talking to the Post about this glorious official and all that the drone program has accomplished be prosecuted under espionage statutes? Yes, that question is rhetorical, and further highlights how severely secrecy powers are manipulated and exploited by this administration.