It’s Not Just Whether Nidal Hasan’s Emails Stuck Out, It’s Whether Abdulmutallab’s Did

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I’ve been meaning to return to the Webster report on Nidal Hasan’s conversations with Anwar al-Awlaki. This conversation between Gunpowder & Lead and Intelwire about how alarming those emails were will be a start provides a good place to start.

Hasan’s emails should have raised more concern–but probably didn’t because of the sheer volume of Awlaki intercepts

G&L notes that certain details from the emails–such as his invocation of Hasan Akbar, a Muslim-American soldier who killed two officers in Kuwait–as an example that should have raised more concern than it did.

But more significant, his question to Awlaki didn’t actually deal with the valid question that he raised, the feeling of inner conflict between one’s faith and serving in the U.S. military. Instead, he leaped right to a question that should rightly trigger alarm: if Hasan Akbar died while attacking fellow soldiers, would he be a martyr? Hasan skipped over questions about whether serving in the U.S. military is religiously acceptable; whether going to war against fellow Muslims is a violation of religious principles. Instead, in addressing “some” soldiers who felt conflicted about fighting fellow Muslims, Hasan right away asked whether it was permissible to kill other U.S. soldiers in the way Hasan Akbar.

After a close analysis of a number of the emails, G&L refutes the representation of these emails as “fairly benign.”

I agree with that assessment (and would add that the suggestion, in a February 22, 2009 email, that Hasan was donating to entities that his mosque would not is another troubling detail). But I also agree with Intelwire. These emails, from an Army officer, surely merited more attention. But these emails, as they likely appeared among the stream of Anwar al-Awlaki communications, probably did not stick out.

Based on who Hasan was (a military officer), who he was talking to (a suspected 9/11 accomplice), and the fact he repeatedly tried to get Awlaki’s attention using a variety of stratagems, the case should have been escalated and Hasan’s superiors should have been informed.

But when you place the content of Hasan’s messages alongside all the other raw intelligence that counterterrorism investigations generate, it’s extremely hard to argue from a subjective, non-psychoanalytical reading that they represented a red flag.

Which is why this report has seemed poorly scoped to me. Because not only did Nidal Hasan’s emails fail to trigger further attention, but Umar Farouk Abdulmutallab’s contacts with Awlaki before Fort Hood did too.

In spite of the fact that the FBI had two people spending a significant chunk of each day (they claimed it took 40% or 3 hours of their work day; 88) reviewing communications tied to Awlaki, in spite of the fact that two men about to attack the US were in contact with Awlaki, “the FBI’s full understanding of Aulaqi’s operational ambitions developed only after the attempted bombing of Northwest Airlines Flight 253 on Christmas Day 2009.” (72)

The government also failed to respond to Abdulmutallab intercepts leading up to the Fort Hood attack

Consider: according to the report itself, Robert Mueller formally asked William Webster to conduct this inquiry on December 17, 2009 (though Webster’s appointment was reported over a week before then). Just 8 days later, another terrorist who had been in contact with Awlaki struck the US. Just 5 days after that, sources started leaking details of NSA intercepts from 4 months earlier (so around August) that might have warned about the attack.

Intelligence intercepts from Yemen beginning in early August, when Abdulmutallab arrived in that country, contained “bits and pieces about where he was, what his plans were, what he was telling people his plans were,” as well as information about planning by the al-Qaeda branch in Yemen, a senior administration official said. “At first blush, not all these things appear to be related” to the 23-year-old Nigerian and the bombing attempt, he said, “but we believe they were.”

It’s unclear how many of these intercepts were directly between Abdulmutallab and Awlaki, and therefore presumably reviewed by the FBI team in San Diego. But at least according to the sentencing materials submitted in the Abdulmutallab case (there are reasons to treat this with a bit of skepticism), there were substantive communications between Awlaki and Abdulmutallab.

Defendant provided this individual [who offered to connect him with Awlaki] with the number for his Yemeni cellular telephone. Thereafter, defendant received a text message from Awlaki telling defendant to call him, which defendant did. Read more →

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Tony Bologna, John Pike, and Stop and Frisk: A Bad Couple of Days for Abusive Cops

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In a move that might make cops think twice before they go nuts on kettled protestors, NYC has decided not to defend Anthony Bologna, the officer filmed spraying defenseless protestors with pepper spray in NY.

New York City has distanced itself from a high-ranking police official accused of firing pepper spray at Occupy Wall Street protesters, taking the unusual step of declining to defend him in a civil lawsuit over the incident.

The decision means Deputy Inspector Anthony Bologna also could be personally liable for financial damages that may arise out of the suit, said lawyers familiar with similar civil-rights claims.

Because Bologna accepted the findings of an internal investigation finding him in violation of department guidelines, it appears, the city has space to say pepper-spraying docile protestors is not his job.

In even better news, John Pike–the UC Davis cop filmed spraying peaceful protestors with pepper spray–got fired, in spite of an internal review finding he acted reasonably.

The police chief at the University of California, Davis overruled an internal affairs panel’s recommendation and fired a lieutenant who soaked demonstrators with pepper spray — an incident that sparked protests after it was recorded and posted online, according to documents obtained by a McClatchy-Tribune newspaper.

The Sacramento Bee (http://sacb.ee/MABZrq ) reports that investigators concluded Lt. John Pike acted reasonably during the Nov. 18 campus protest and should face demotion or suspension at worst.

But police Chief Matthew Carmichael rejected those findings and wrote Pike on April 27 that he planned to fire him. Pike, 39, was fired Tuesday, according to the Bee.

“The needs of the department do not justify your continued employment,” Carmichael wrote in a letter to Pike, according to the documents, which included the internal affairs investigation report.

I’m curious about the delay between the time Carmichael decided to fire Pike and the time it was official, Tuesday. Hopefully, that time was spent insulating the university against suit.

Finally, there are preliminary reports that the number of stop and frisks in NYC have dropped significantly as the sheer scale of the abusive practice has become clear.

Officers conducted about 134,000 stop-and-frisks between April 1 and June 30, down from more than 200,000 during the first three months of the year.

That’s still too many. But sunshine and embarrassment seems to be making progress there, too.

Update: In related news, the 2004 RNC protestors suing for false arrest and other abuses just won class action status.

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Nuke Site Breached Just Days After SSCI Moved to Eliminate Reporting on Nuke Site Security

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I have been dawdling about writing this post, in which I explain that two of the reporting requirements the Senate Intelligence Committee rather stupidly, IMO, moved to eliminate last week pertain to the security of our nuclear labs.

Back when I criticized the plan to eliminate these reports in June, I wrote,

The bill would eliminate two reporting requirements imposed in the wake of the Wen Ho Lee scandal: that the President report on how the government is defending against Chinese spying and that the Secretary of Energy report on the security of the nation’s nuclear labs. Just last year, the Oak Ridge National Laboratory had to separate from the Internet because some entity–China would be a good candidate–had hacked the lab and was downloading data from their servers. Now seems a really stupid time to stop reporting on efforts to avoid such breaches.

In spite of these very obvious reasons, the Senate did indeed eliminate two reporting requirements pertaining to national labs (though they kept the one pertaining to Chinese spying).

(7) REPEAL OF REPORTING REQUIREMENT REGARDING COUNTERINTELLIGENCE AND SECURITY PRACTICES AT THE NATIONAL LABORATORIES.—Section 4507 of the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed.

(8) REPEAL OF REPORTING REQUIREMENT REGARDING SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.—Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 2659) is repealed.

I’m glad I waited. Now I can use this story to demonstrate how vulnerable our nuclear labs remain.

The U.S. government’s only facility for handling, processing and storing weapons-grade uranium [Oak Ridge National Lab] was temporarily shut this week after anti-nuclear activists, including an 82-year-old nun, breached security fences, government officials said on Thursday.

[snip]

The activists painted slogans and threw what they said was human blood on the wall of the facility, one of numerous buildings in the facility known by the code name Y-12 that it was given during World War II, officials said.

While moving between the perimeter fences, the activists triggered sensors which alerted security personnel. However, officials conceded that the intruders still were able to reach the building’s walls before security personnel got to them.

When James Clapper’s office asked to throw these reports out, they justified it by saying they could just brief the information rather than report it regularly.

This reporting requirement should be repealed because it is over a decade old and the Secretary of Energy and the National Counterintelligence Executive can provide the information requested through briefings, as requested, if congressional interest persists.

Oak Ridge Lab has been breached twice in two years, once via its computer systems and now physically. I’m sure Congress will be getting a slew of briefings about the lab, but it really does seem like a little reporting requirement might help DOE to take this seriously.

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“Dear John Brennan: You’re Being Investigated”

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A number of people have pointed to Scott Shane’s story on the leak witch hunt for the details it gives on the increasing concern about leak witch hunts among journalists and national security experts.

But this paragraph includes the most interesting news in the article.

The F.B.I. appears to be focused on recent media disclosures on American cyberattacks on Iran, a terrorist plot in Yemen that was foiled by a double agent and the so-called “kill list” of terrorist suspects approved for drone strikes, some of those interviewed have told colleagues. The reports, which set off a furor in Congress, were published by The New York Times, The Associated Press, Newsweek and other outlets, as well as in recent books by reporters for Newsweek and The Times. [my emphasis]

That’s because prior reporting had indicated that the Kill List stories were not being investigated.

Recent revelations about clandestine U.S. drone campaigns against al Qaeda and other militants are not part of two major leak investigations being conducted by federal prosecutors, sources familiar with the inquiries said.

[snip]

The CIA has not filed a “crime report” with the Justice Department over reports about Obama’s drone policy and a U.S. “kill list” of targeted militants, an action which often would trigger an official leak investigation, two sources familiar with the matter said. They

So Shane’s revelation that the Kill List stories are being investigated amounts to the author of one of the Kill List stories reporting that some people who have been interviewed by the FBI told colleagues they got asked about the Kill List. Which might go something like, “Scott, they’re asking about your story, too.”

All without Shane acknowledging that Shane wrote one of the main Kill List Shiny Object stories.

Meanwhile, I find his reference to the outlets involved very interesting. Using the principle of parallelism, the passage seems to suggest the FBI is investigating the NYT for David Sanger’s sources on StuxNet, the AP for Adam Goldman and Matt Apuzzo’s sources on the UndieBomb 2.0 plot, and Newsweek for Daniel Klaidman’s sources on the Kill List. But of course the NYT also wrote a Kill List story, the AP wrote what is probably the most interesting Kill List story (which reported that the Kill List is now run by John Brennan). “And other outlets.” Which might include ABC for revealing that the UndieBomb 2.0 plotter was actually an infiltrator (ABC got the story indirectly from John Brennan, though Richard Clarke). Or the WaPo for Greg Miller’s original story on drone targeting, revealing that we were going to use signature strikes in Yemen. Or the WSJ, reporting that we had started using signature strikes.

In other words, it presents a rather interesting group of potential stories and sources.

Now I don’t know that John Brennan was the source for all this or that he’s really being investigated. I’m not saying Shane is being manipulative by reporting on this (though seriously, it’s another example of the NYT having a reporter report on a story that he is really a part of).

But I do find it rather interesting that a reporter targeted in this leak witch hunt just made news about the scope of the leak witch hunt.

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Lost Among the Findings in Syria

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The Neocons have been pressuring Obama to do something in Syria. So it’s thoroughly unsurprising that we’re officially learning what we’ve known for months: the CIA has been involved in Syria. According to Mark Hosenball the Finding Obama signed authorizing such actions permits us to collaborate at a “secret” command center on or close to our air base at Incirlik.

A U.S. government source acknowledged that under provisions of the presidential finding, the United States was collaborating with a secret command center operated by Turkey and its allies.

[snip]

This “nerve center” is in Adana, a city in southern Turkey about 60 miles from the Syrian border, which is also home to Incirlik, a U.S. air base where U.S. military and intelligence agencies maintain a substantial presence.

The Finding doesn’t authorize arming the rebels (though Hosenball’s sources seem unsure about the general scope of the Finding), but NBC has reported that the Saudis and Qataris have already armed them with shoulder-launched missiles.

It’s just like old times! The US partnering with Saudis to get shoulder-launched missiles into the hands of rebels with dubious loyalties. Whatever could go wrong with that?

There are two details about this that deserve notice.

What happened to the leak hawks in Congress?

First, this story is based on the leak of a covert Finding–precisely the kind of leak that Congress has gone on the warpath against. Hosenball attributes his reporting to US sources–an attribution that can (though doesn’t necessarily) refer to Congressional sources.

U.S. sources familiar with the matter said.

[snip]

A U.S. government source acknowledged

And while he notes–and names–the Senators who have been pressuring Obama to do precisely what he has been doing for months, Hosenball doesn’t name the members of Congress who are opposed to such an action.

Some U.S. lawmakers, such as Republican Senators John McCain and Lindsey Graham, have criticized Obama for moving too slowly to assist the rebels and have suggested the U.S. government should become directly involved in arming Assad’s opponents.

Other lawmakers have suggested caution, saying too little is known about the many rebel groups.

In short, chances are not insignificant that a Congressional source leaked the contents of a Finding authorizing covert operations.

And yet … crickets!

Those same Senate Intelligence Committee leak hawks who have authorized a range of stupid actions to prevent leaks seem unperturbed by a leak revealing information that is as sensitive as the leaks they’re demanding be investigated.

How does anti-Assad Finding relate to the Assad-cooperation authorized under the Gloves Come Off Memorandum of Notification?

Then there’s this. In his description of all the things included in the Gloves Come Off Memorandum of Notification authorizing the war on terror, Bob Woodward said cooperation with Syria (and Libya) were included.

[George Tenet] called for initiating intelligence contact with some rogue states such as Libya and Syria that he said might be helpful in trying to destroy al Qaeda. For the CIA to obtain helpful information against the terrorists, they might have to get their hands dirty. (Bush at War 77)

We know the MON included such cooperation with Libya because liberated documents have reflected cooperation on renditions. And Maher Arar, who was rendered to Syria and tortured, can tell you all about what our cooperation with Syria entailed.

The thing is, the MON authorizing cooperation with Syria remains in effect. We know that to be true because Judge Richard Wesley, in enabling the government to keep all mention of this MON secret a few months ago, stated it pertained to “active intelligence activity.” Rather than writing a new MON–one that doesn’t give CIA carte blanche in deciding the limits of things like targeted killings–Obama is still relying on this MON for things like killing American citizens.

So does that mean the CIA is at once authorized to share intelligence with Bashar al-Assad (under the Gloves Come Off MON) and help rebels overthrow and probably kill him (under this new Finding)?

Probably, there is a very simple explanation for this (and for the fact that we helped to kill Moammar Qaddafi, as well). Probably, the new FInding (and whatever Finding authorized the activities our spooks engaged in in Libya) simply includes language canceling the prior language authorizing cooperation with Assad. So no big deal, really.

Still, doesn’t that give lie to the Administration’s seeming treatment of that 11 year old MON as inviolate? That is, if this Finding renders (heh) part of that MON meaningless, then maybe it wouldn’t be so hard for Obama to write a new MON, one that involved actual oversight.

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If FBI Believes NYPD Spying Violates Americans’ Rights, Why Not Stop It?

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It has long been clear that the AP series on the NYPD’s spying on NYC’s Muslims relied, in part, on FBI sources who believed the program to be problematic. Now a new edition of Ronald Kessler’s book on the voices that belief explicitly.

“What never came out is that the FBI considers the NYPD’s intelligence gathering practices since 9/11 not only a waste of money but a violation of Americans’ rights,” wrote Kessler, who in April broke news of Colombian sexcapades by Secret Service agents doing advance work for President Obama.

“We will not be a party to it,” an FBI source told Kessler.

This anonymous leaking comes not from some ACLU hippies–it comes from the FBI. So why don’t these leakers go arrest Ray Kelly?

Aside from the endorsement of the program Robert Mueller and John Brennan have given, I mean?

The White House added its stamp of approval a month later when President Obama’s top counterterrorism adviser John Brennan visited police headquarters.

“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,” he said.

Remember, Brennan–who was Deputy Executive Director of CIA when CIA helped to set up the CIA-on-the-Hudson–has boasted of intimate familiarity with the program.

Speaking of John Brennan, today is the 10 year anniversary of the torture memos. You know, torture? Another abuse that has never been prosecuted under Obama?

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As Mitt Heads to Sheldon Adelson’s Country, CIA Exposes Israel’s Treachery

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After visiting his bankster donors in London, Mitt is on his way to visit megadonor Sheldon Adelson’s other country, Israel. Perhaps in a bid to butter up Adelson, Mitt’s staffers put up an Israeli flag on the plane before they remembered he’s running to be President of the United States.

And just as Mitt prepares to suck up to Israel, leak witch hunt targets Matt Apuzzo and Adam Goldman have a piece cataloging how much Israel spies on us. They describe:

  • Someone tampering with the CIA station chief’s secure phone on at least two occasions
  • Someone rearranging the food in a CIA officer’s fridge
  • Leaking details from a key Syrian chem and bioweapons scientist working for the US, which led to his disappearance and presumed death

It also reveals that after it gave up its nuke program, the CIA considered Libya a better counter-terrorism partner than Israel.

During the Bush administration, the CIA ranked some of the world’s intelligence agencies in order of their willingness to help in the U.S.-led fight against terrorism. One former U.S. intelligence official who saw the completed list said Israel, which hadn’t been directly targeted in attacks by al-Qaida, fell below Libya, which recently had agreed to abandon its nuclear weapons program.

Now, it’s not just Mitt who sucks up to the Israelis. Goldman and Apuzzo note the US has given Israel $60 billion since we nabbed Jonathan Pollard and Obama just released an additional $70 million of military aid.

But as Mitt tries to appear less obtuse in Israel than he did in UK, remember that the Israelis are probably stealing our secrets even as he unfurls their flag.

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What Was the Evidence Supporting the First Strike on Anwar al-Awlaki?

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According to the William Webster report, the FBI’s understanding about Anwar al-Awlaki’s operational role developed only after the UndieBomb attack.

As of January 7 and June 16, 2009, the FBI knew anwar al-Aulaqi was an anti-American, radical Islamic cleric and the subject of a Tier <redacted> FBI counterterrorism investigation. San Diego believed [<redacted> that Aulaqi was [developing ambitions beyond radicalization] <redacted>. WFO viewed him at that time as merely inspirational. The FBI’s full understanding of Aulaqi’s operational ambitions developed only after the attempted bombing of Northwest Airlines Flight 253 on Christmas Day 2009. [72; emphasis mine]

On December 24, 2009–the day before FBI began to understand Awlaki’s operational ambitions–a JSOC strike in Yemen missed Anwar al-Awlaki.

Dana Priest’s report revealing Awlaki was subsequently added to a JSOC kill list, published three days before Umar Farouk Abdulmutallab started cooperating again with the FBI, claims Awlaki was not the target of that December 24, 2009 strike.

As part of the operations, Obama approved a Dec. 24 strike against a compound where a U.S. citizen, Anwar al-Aulaqi, was thought to be meeting with other regional al-Qaeda leaders. Although he was not the focus of the strike and was not killed, he has since been added to a shortlist of U.S. citizens specifically targeted for killing or capture by the JSOC, military officials said. The officials, like others interviewed for this article, spoke on the condition of anonymity because of the sensitivity of the operations. [my emphasis]

But Ali Abdullah Saleh, speaking with David Petraeus three weeks before Priest’s report, sure seemed to treat Awlaki as one of two targets of the strike.

Saleh praised the December 17 and 24 strikes against AQAP but said that “mistakes were made” in the killing of civilians in Abyan. The General responded that the only civilians killed were the wife and two children of an AQAP operative at the site, prompting Saleh to plunge into a lengthy and confusing aside with Deputy Prime Minister Alimi and Minister of Defense Ali regarding the number of terrorists versus civilians killed in the strike. (Comment: Saleh’s conversation on the civilian casualties suggests he has not been well briefed by his advisors on the strike in Abyan, a site that the ROYG has been unable to access to determine with any certainty the level of collateral damage. End Comment.) AQAP leader Nassr al-Wahishi and extremist cleric Anwar al-Awlaki may still be alive, Saleh said, but the December strikes had already caused al-Qaeda operatives to turn themselves in to authorities and residents in affected areas to deny refuge to al-Qaeda. [my emphasis]

Given that we blamed Saleh for the strike, you have to assume he knew who the targets were. And he seems to suggest that both Wuhayshi and Awlaki were the intended targets.

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Lamar Smith’s Futile Leak Investigation

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Lamar Smtih has come up with a list of 7 national security personnel he wants to question in his own leak investigation. (h/t Kevin Gosztola)

House Judiciary Committee Chairman Lamar Smith, R-Texas, told President Obama Thursday he’d like to interview seven current and former administration officials who may know something about a spate of national security leaks.

[snip]

The administration officials include National Security Advisor Thomas Donilon, Director of National Intelligence James Clapper, former White House Chief of Staff Bill Daley, Assistant to the President for Homeland Security and Counterterrorism John Brennan, Deputy National Security Advisor Denis McDonough, Director for Counterterrorism Audrey Tomason and National Security Advisor to the Vice President Antony Blinken.

Of course the effort is sure to be futile–if Smith’s goal is to figure out who leaked to the media (though it’ll serve its purpose of creating a political shitstorm just fine)–for two reasons.

First, only Clapper serves in a role that Congress has an unquestioned authority to subpoena (and even there, I can see the Intelligence Committees getting snippy about their turf–it’s their job to provide impotent oversight over intelligence, not the Judiciary Committees).

As for members of the National Security Council (Tom Donilon, John Brennan, Denis McDonough, Audrey Tomason, and Antony Blinken) and figures, like Bill Daley, who aren’t congressionally approved? That’s a bit dicier. (Which is part of the reason it’s so dangerous to have our drone targeting done in NSC where it eludes easy congressional oversight.)

A pity Republicans made such a stink over the HJC subpoenaing Karl Rove and David Addington and backed Bush’s efforts to prevent Condi Rice from testifying, huh?

The other problem is that Smith’s list, by design, won’t reveal who leaked the stories he’s investigating. He says he wants to investigate 7 leaks.

Smith said the committee intends to focus on seven national security leaks to the media. They include information about the Iran-targeted Stuxnet and Flame virus attacks, the administration’s targeted killings of terrorism suspects and the raid which killed Usama bin Laden.

Smith wants to know how details about the operations of SEAL Team Six, which executed the bin Laden raid in Pakistan, wound up in the hands of film producers making a film for the president’s re-election. Also on the docket is the identity of the doctor who performed DNA tests which helped lead the U.S. to bin Laden’s hideout.

But his list doesn’t include everyone who is a likely or even certain leaker.

Take StuxNet and Flame. Not only has Smith forgotten about the programmers (alleged to be Israeli) who let StuxNet into the wild in the first place–once that happened, everything else was confirmation of things David Sanger and security researchers were able to come up with on their own–but he doesn’t ask to speak to the Israeli spooks demanding more credit for the virus.

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Did NYPD Manufacture a Murder Tie to Occupy Wall Street because Its Terror Myth Is Dying?

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Let’s start with this. NYPD got its ass handed to it yesterday.

Specifically, Justin Elliott provided the definitive debunking of Mike Bloomberg and Ray Kelly’s repeated claims that their multimillion dollar Muslim profiling program has done anything to thwart the 14–or rather 3–terrorist attacks on NY since 9/11.

That wasn’t the end of the ass-handing, though. After Elliott’s piece, NYPD’s spokesperson Paul Browne started trolling Elliott’s comments, pretending the NYPD hadn’t repeatedly claimed to have stopped 14–or rather 3–terrorist attacks with their vast counterterrroism apparatus.

Elliott debunked that, too.

Mayor Mike, meanwhile, was backtracking–or perhaps forwardtracking–wildly, in another attempt to pretend the NYPD’s core terror myth wasn’t a carefully crafted myth.

And Ray Kelly? He hasn’t been seen to ask him about this ass-handing; maybe he was crying in a bar somewhere?

Meanwhile, last night, during the All Star Game, a new myth started.

Murder! DNA! Occupy Wall Street!

Starting with NBC, followed by a slew of other predominantly NY outlets, the press reported a flimsy story–sourced to law enforcement–claiming that DNA found on a chain left at an Occupy-related protest earlier this year matched DNA found at the site of a murder of a Pretty White Woman. Read more →

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