Where Were These Dems Asking about CIA-on-the-Hudson During Brennan’s Confirmation?

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I have always been a huge fan of what Thomas Perez has done in DOJ’s Civil Rights Division. But this sentence, from Adam Serwer’s query on what happened to DOJ’s review of the CIA-on-the-Hudson, ought to give pause.

Since taking office, the special litigation section of the civil rights division has investigated more local police departments for unconstitutional policing than ever before, but never on behalf of American Muslims profiled by law enforcement.

But the rest of Serwer’s piece barely touches a big missed opportunity — and, potentially, an explanation for why DOJ has slow-walked its investigation of the profiling of Muslims in NYC. Serwer notes that Brennan complimented the program, in contrast to Eric Holder’s stated concerns about it.

Although Holder referred to the reports of the NYPD’s actions as “disturbing,” that’s not the view of everyone in the Obama administration. CIA Director John Brennan, formerly a top White House counterterrorism adviser, praised the NYPD’s surveillance program in April 2012. “I have full confidence that the NYPD is doing things consistent with the law, and it’s something that again has been responsible for keeping this city safe over the past decade,” Brennan said.

Brennan is not just the former White House counterterrorism [and homeland security] czar, but he’s also the guy who, when CIA-on-the-Hudson was being set up in the days after 9/11, was in charge of logistics and personnel at the CIA. Which means there’s a pretty decent chance he had a role in dual-hatting the CIA guy who operated domestically to help NYPD spy on Americans.

But Brennan’s role in finding a way to use CIA tactics domestically barely came up in his confirmation hearings. As I noted, he was asked whether he knew about the program (and acknowledged knowing about it), but he was not asked — at least not in any of the public materials — whether he had a role in setting it up.

Sort of a key question for the guy now in charge of the entire CIA, whether he thinks the CIA should find loopholes to get around prohibitions on CIA working domestically, don’t you think?

Serwer names several House Democrats — Rush Holt, Mike Honda, Judy Chu — who have been asking about this investigation. Obviously, they didn’t get a vote on Brennan’s nomination. But it seems the nomination period would have been a very good time to ask questions about how and why, at a time when Brennan played a key role in logistics and personnel at the agency, the government decided to set up this workaround. Asking at that time might have clarified why it is that the Administration seems uninterested in investigating this program.

As it is, we’re now left with a guy who publicly applauded such work-arounds — and CIA involvement through cooperation in fusion centers — in charge of the entire CIA.

Pivot, Damnit!

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Remember how during Chuck Hagel’s confirmation I kept insisting that Hagel actually had an intelligence oversight role at the President’s Intelligence Advisory Board that might be pertinent to the confirmation battle?

Turns out PIAB wasn’t just scrounging intelligence for their own contracting interests, as often happens with PIAB and its predecessor PFIAB.

A panel of White House advisers warned President Obama in a secret report that U.S. spy agencies were paying inadequate attention to China, the Middle East and other national security flash points because they had become too focused on military operations and drone strikes, U.S. officials said.

Led by influential figures including new Defense Secretary Chuck Hagel and former senator David L. Boren (D-Okla.), the panel concluded in a report last year that the roles of the CIA, the National Security Agency and other spy services had been distorted by more than a decade of conflict.

And while the WaPo focuses on the way this report might have influenced John Brennan — who repeatedly said he’d assess the “allocation of mission” at CIA — I’m just as interested in how the report influenced James Clapper, who recently testified we face a more diverse set of threats than ever before.

This year, in both content and organization, this statement illustrates how quickly and radically the world—and our threat environment—are changing. This environment is demanding reevaluations of the way we do business, expanding our analytic envelope, and altering the vocabulary of intelligence. Threats are more diverse, interconnected, and viral than at any time in history.

If so, I find it interesting that rather than focusing on China, Clapper focused on cyber and — to an unremarked degree — food insecurity (AKA climate change). That is, the report seems to say we need to refocus on China, but Clapper seems to be focusing on cyber instead (which is sort of a focus on China, as will food insecurity be).

One more point. The WaPo suggests that the report said we’re wasting too much energy on drones, and rehashes today’s drone-to-DOD announcement, including this predictable tidbit.

The White House also is weighing whether to give the Defense Department more control over the drone campaign and reduce the CIA’s role, although officials cautioned that the change could take years and probably would not involve CIA drone operations in Pakistan. [my emphasis]

But it doesn’t consider what it means that one of the guys who chaired this report is now in charge of the agency that is reportedly getting all the drones.

First Obama’s Moral Rectitude Drone Assassination Czar, after setting up a Drone Rule Book, will spin off CIA’s drone program (except for Pakistan, and maybe not for another few years, and, well, maybe he’s got his fingers crossed a little bit, covertly) to DOD. Meanwhile, it turns out the guy getting that drone program, former PIAB co-Chair and now Secretary of Defense, thinks we need fewer drones and more real intelligence.

Funny how that works out.

According to James Clapper, John Brennan Is a Leaker

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To celebrate Sunshine Week last week, the Office of Director of National Intelligence  released to Jason Leopold that office’s memo on ramped up use of polygraphs to crack down on leaks.

The memo requires that polygraphs incorporate the following guidelines about what constitutes a leak.

  • “Unauthorized recipient” includes any U.S. person or foreign national without a need to know or not cleared at the appropriate level for the information, including any member of the media.
  • “Unauthorized disclosure” means a communication, confirmation, acknowledgement, or physical transfer of classified information, including the facilitation of, or actual giving, passing selling, keeping, publishing, or in any way making such information available, to an unauthorized recipient.
  • Classified information includes information classified at any level, including Confidential, Secret, or Top Secret. [my emphasis]

Note these categories are — at least as listed in the memo — position independent. No matter who does these things, an unauthorized disclosure of classified information to an unauthorized recipient is a leak.

Including the acknowledgement of classified information that may be already public.

Funny, then, that Clapper celebrated the confirmation of John Brennan at the Global Threats hearing last week. Because as part of Brennan’s confirmation process, he responded this way to a Richard Burr supplemental question about his own leaks.

Describe each specific instance in which you were authorized to disclosure classified information to a reporter or media consultant, including the identity of the individual authorizing each disclosure and the reason for each such disclosure.

In exceptional circumstances, when classified information appears to have already been leaked to the media, it may be necessary to acknowledge classified information to a member of the media or to declassify information for the very purpose of limiting damage to national security by protecting sources and methods or stemming the flow of additional classified information. Such conversations involve only the most senior Agency officials or their designees and must be handled according to any applicable regulations. I have on occasion spoken to members of the media who appeared to already have classified information, in an effort to limit damage to national security; however, even in those circumstances I did not disclose classified information.

Now, this doesn’t mean CIA Director Brennan will fail the polygraph question his new boss set up last year. At multiple times in his confirmation process, he admitted that he talks to journalists, up to and well beyond “acknowledging” information already out there. (Though he proved remarkably unwilling to provide the Senate Intelligence Committee a list of those acknowledgements leaks, which is one reason Saxby Chambliss voted against him.) He’s honest that he’s a leaker, though he himself excuses his own leaking because he’s so high ranking.

But as the effects of Clapper’s new system become clear, remember that he thinks John Brennan, an admitted leaker, is a great guy to head up the CIA.

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CIA Continues to Cover Up Dick Cheney’s War-Mongering

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10 years ago today, George Bush gave his final warning to Saddam Hussein to leave Iraq or face war. While the first half of Bush’s speech cited Saddam’s purported refusal to give up his WMD program, the second half of the speech was littered with insinuations about Saddam’s terrorist allies.

If Saddam Hussein attempts to cling to power, he will remain a deadly foe until the end. In desperation, he and terrorists groups might try to conduct terrorist operations against the American people and our friends. These attacks are not inevitable. They are, however, possible. And this very fact underscores the reason we cannot live under the threat of blackmail. The terrorist threat to America and the world will be diminished the moment that Saddam Hussein is disarmed.

[snip]

We are now acting because the risks of inaction would be far greater. In one year, or five years, the power of Iraq to inflict harm on all free nations would be multiplied many times over. With these capabilities, Saddam Hussein and his terrorist allies could choose the moment of deadly conflict when they are strongest. We choose to meet that threat now, where it arises, before it can appear suddenly in our skies and cities.

 [snip]

Terrorists and terror states do not reveal these threats with fair notice, in formal declarations — and responding to such enemies only after they have struck first is not self-defense, it is suicide. The security of the world requires disarming Saddam Hussein now. [my emphasis]

We know that Dick Cheney tried, in the days leading up to this speech and an earlier March 14 one, to boost these vague allegations in part by resuscitating the claim that Mohammed Atta met with Iraqi diplomat-spook Ahmad Khalil Ibrahim Samir al-Ani in April 2001. The CIA pushed back hard on the claim. An account of that fight is one of the most significant redactions in the Senate Intelligence Committee’s 2006 assessment of the bullshit lies told to get us into Iraq (see numbered page 96), as explained by Mark Hosenball.

According to two sources familiar with the blacked-out portions of the Senate report that discuss the CIA cable’s contents, the document indicates that White House officials had proposed mentioning the supposed Atta-Prague meeting in a Bush speech scheduled for March 14, 2003. Originated by Czech intelligence shortly after 9/11, the tendentious claim was that in April 2001, Atta, the 9/11 hijack leader, had met in Prague with the local station chief for Iraqi intelligence. The sources said that upon learning of the proposed White House speech, the CIA station in Prague sent back a cable explaining in detail why the agency believed the anecdote was ill-founded. Read more →

Mark Udall: Leakers on Senate Intelligence Torture Report Got Facts Wrong

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Last week, I noted that leaks to the WSJ about CIA’s response to the Senate Intelligence Torture report seemed designed to box John Brennan in, making it very difficult for him to authorize declassification of the report.

Sure enough, the very day after Brennan won confirmation, WSJ reports that CIA is not done with their review yet, but they disagree with the report’s findings.

The report examines the details of conditions under which each detainee was held and interrogated, the quality of the information provided and the accuracy of how the CIA described the program to other officials and lawmakers. It included 20 recommendations, officials said.

The report assesses the utility of information from interrogations in 20 cases and concludes that it wasn’t useful; the CIA disputes that conclusion in all but one or two of those assessments, officials said.

The CIA is objecting to the majority of the report, a senior intelligence official said.

“The overall objection was the report basically says we never in any instances got good information from this program,” another U.S. official said. “To anyone who has worked at the CIA on this issue, that’s not true.”

Even CIA officers who opposed the interrogation program acknowledge that the agency obtained useful information, the U.S. official said.

Even if Brennan wanted to declassify this report — and given his stated desire to protect CIA from criticism, he probably doesn’t want to — he’d have a hard time doing so, because it would instantly turn the torture dead-enders against him, which is not the safest way to start a job managing a bunch of talented spooks. [my emphasis]

In today’s Global Threat Assessment hearing, Mark Udall addressed the WSJ report. He revealed that the leakers behind that report had gotten basic facts about the report wrong — such as that there were 20 recommendations.

He then asked John Brennan three questions:

  • CIA officials are leaking what may or may not be official response to the report. Do you believe this is leak of CIA views?
  • Do you anticipate looking into leak?
  • There’s no new deadline for CIA comments in response to report. When can we get it?

Brennan did say the CIA was assessing the story to determine whether “there had been a disclosure.” I’m not sure whether he answered whether the leaks represented the views of the CIA.

Brennan also hedged a bit about a new deadline to respond to Congress. He would like to say comments will come back within a months time, he said (the original deadline was February 15, basically a month past already). He then promised his “firm resolve” to look at what CIA has put together and get back to the Senate Intelligence Committee.

James Clapper Sneaks Climate Change — But Not Bankster Speculation — Into His Threat Assessment

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You wouldn’t know it by looking at his written statement, which lists Cyber, Terrorism and Transnational Crime, Counterintelligence, and Counterspace before it lists Natural Resource Insecurity, but water and food insecurity was actually the first threat Director of National Intelligence James Clapper described in today’s Worldwide Threat Hearing.

That said, in his spoken statement, he didn’t utter the words “climate change.”

Though those words do appear in the written statement, as a subcategory of resource scarcity, as follows:

Food security has been aggravated partly because the world’s land masses are being affected by weather conditions outside of historical norms, including more frequent and extreme floods, droughts, wildfires, tornadoes, coastal high water, and heat waves. Rising temperature, for example, although enhanced in the Arctic, is not solely a high-latitude phenomenon. Recent scientific work shows that temperature anomalies during growing seasons and persistent droughts have hampered agricultural productivity and extended wildfire seasons. Persistent droughts during the past decade have also diminished flows in the Nile, Tigris-Euphrates, Niger, Amazon, and Mekong river basins.

Note: the head of our intelligence community seems to have missed that “persistent droughts” have not only diminished flows in the Nile, Tigris-Euphrates, Niger, Amazon, and Mekong river basins. Last year’s drought also diminished flows right here in the US, in the Missouri-Mississippi basin.

I guess somehow the US is exempt from climate change, intelligence folks?

I’m glad Clapper got climate change in his statement, I’m glad he put water and food scarcity at the front of his presentation (last year just water scarcity appeared in his written statement). But if we’re going to treat climate change merely as one underlying factor contributing to resource scarcity, perhaps we should also look at bankster speculation, which is increasingly recognized as a key driver of rising food costs. Food speculation, after all, is something we can do a great deal to fix, here in the US. But we have refused to do so, choosing instead to deal with the instability that results.

Ah well, baby steps, people. The Director of National Intelligence just implicitly said that climate change and resource scarcity is the most urgent problem facing us. I’ll take it.

The Bipartisan Effort to Keep Robert Mueller on at FBI Starts

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I’m watching the Senate Intelligence Committee’s hearing on Global Threats.

And I’m a bit alarmed that both Dianne Feinstein and Saxby Chambliss used their statements to suggest Robert Mueller should stay beyond the end of his already-extended term this year.

DiFi said,  “unless Congress intervenes again, this threats hearing will be the last one for Robert Mueller” and then looked at him and said, “it could happen.”

Then Saxby repeated that line, saying he would shortly approach Mueller to ask him to stay on again.

Before his statement, James Clapper also nodded to Mueller, noting he has served as Director for 12 years.

We have terms for FBI Director for good reason. Not just to prevent the rise of another J Edgar Hoover, one person with an empire over the secret information collection in the US. But also to bring a fresh approach to such things as our manufacturing of “terrorists.”

 

A Partial Defense of Bill Keller’s Column on Manning

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Late Sunday, former New York Times Executive Editor Bill Keller put up an op-ed column at the NYT website on the state of Bradley Manning’s case, his perception of Manning’s motivations and what may have been different had Manning actually gotten his treasure trove of classified information to the Times instead of WikiLeaks. The column is well worth a read, irrespective of your ideological starting point on Mr. Manning.

Bradley Manning has ardent supporters and, predictably, they came out firing at Keller. Greg Mitchell immediately penned a blog post castigating Keller for not sufficiently understanding and/or analyzing the Manning/Lamo chat logs. Kevin Gosztola at Firedoglake also had sharp words for Keller, although, to be fair, Kevin did acknowledge this much:

It is an interesting exercise for Keller. Most of what he said is rational and, knowing Keller’s history, he could have been more venerating in his description of how the Times would have handled Manning.

Frankly, many of the points Mitchell and Gosztola made, which were pretty much representative of a lot of the chatter about Keller’s op-ed on Twitter, were fair criticism even if strident. And part of it seems to simply boil down to a difference in perspective and view with Keller, as evidenced in Keller’s response to inquiry by Nathan Fuller, where he indicates he simply views some things differently.

This is all healthy give and take, difference in view and sober discussion by the referenced Read more →

18 USC 1119 Foreign Murder and Obama Targeted Kill White Paper

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Back in February, when the “White Paper” was first “leaked”, Marcy wrote a fantastic article entitled Article II or AUMF? “A High Level Official” (AKA John Brennan) Says CIA Can Murder You on the issues of Article II authority versus AUMF authority in relation to the Obama targeted killing program. First off, let me say that the the lack of recognition of the presence of both these these respective authorities in the targeted killing program, even among legal commentators I respect greatly, is one of, if not the, most discouraging aspects of the discussion being had. Sadly, the big filibuster by Sen. Rand Paul did not necessarily improve the understanding, and even the New York Times continues to propagate the misdirection and misinformation peddled by the Obama Administration.

I wish to discuss the interaction of the statutory law contained in 18 USC 1119, the “Foreign Murder statute”, with the greater Obama Administration Targeted Killing Program, and the White Paper foundation for it. Specifically I want to point out the circular and disingenuous way in which the White Paper tries to bootstrap itself, and the Administration, around criminal liability for murder in the case of a targeted US citizen such as Anwar Awlaki. Frankly, Marcy let fly with another must read post on 18 USC 1119 and the White Paper yesterday in the wake of the New York Times sop to the Administration, and it filets both the White Paper, and the NYT, open at the seams.

The most important principle to understand about the White Paper’s discussion of 18 USC 1119 is, as Marcy noted, that it is impertinent if the the law of war (formally the “Law of Armed Conflict” or “LOAC”) is truly in play. In short, if the Administration is using the AUMF – military force – in an active battle situation, there is no need for further discussion, whether Mr. Awlaki is a US citizen or not. That, of course is diametrically opposed to what the facts were at the action point with Awlaki, and that we now know.

The truth is the Administration used a civilian agency, the CIA, to kill a US citizen without judicial due process, far from the “hot battlefield” and that is why such a deliberate attempt was made in the White Paper to obfuscate the legal basis for their targeting and killing, and why such a seemingly inordinate time was spent in the White Paper on a traditional criminal law statute, 18 USC 1119.

The statutory language of 18 USC 1119 states:
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John Brennan Sworn in as CIA Director Using Constitution Lacking Bill of Rights

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Screen shot 2013-03-08 at 1.27.57 PMAccording to the White House, John Brennan was sworn in as CIA Director on a “first draft” of the Constitution including notations from George Washington, dating to 1787.

Vice President Joe Biden swears in CIA Director John Brennan in the Roosevelt Room of the White House, March 8, 2013. Members of Brennan’s family stand with him. Brennan was sworn in with his hand on an original draft of the Constitution, dating from 1787, which has George Washington’s personal handwriting and annotations on it.

That means, when Brennan vowed to protect and defend the Constitution, he was swearing on one that did not include the First, Fourth, Fifth, or Sixth Amendments — or any of the other Amendments now included in our Constitution. The Bill of Rights did not become part of our Constitution until 1791, 4 years after the Constitution that Brennan took his oath on.

I really don’t mean to be an asshole about this. But these vows always carry a great deal of symbolism. And whether he meant to invoke this symbolism or not, the moment at which Brennan took over the CIA happened to exclude (in symbolic form, though presumably not legally) the key limits on governmental power that protect American citizens.

Update: Olivier Knox describes how the White House pushed the symbolism of this.

Hours after CIA Director John Brennan took the oath of office – behind closed doors, far away from the press, perhaps befitting his status as America’s top spy – the White House took pains to emphasize the symbolism of the ceremony.

“There’s one piece of this that I wanted to note for you,” spokesman Josh Earnest told reporters gathered for their daily briefing. “Director Brennan was sworn in with his hand on an original draft of the Constitution that had George Washington’s personal handwriting and annotations on it, dating from 1787.”

Earnest said Brennan had asked for a document from the National Archives that would demonstrate the U.S. is a nation of laws.

“Director Brennan told the president that he made the request to the archives because he wanted to reaffirm his commitment to the rule of law as he took the oath of office as director of the CIA,” Earnest said.

Update: I’m assuming this copy of the Constitution is the one Brennan used.