Government Subpoenas James Risen for the Third Time

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The government appears to hope three time’s a charm. The last two times they subpoenaed James Risen in the case of Jeffrey Sterling, Judge Leonie Brinkema quashed the subpoena. But they’re trying again, this time to get him to testify at Sterling’s trial.

It appears likely they planned to do this all along and crafted the charges against Sterling accordingly. For example, they claim they need Risen to testify, in part, to authenticate his book and the locale where alleged leaks took place.

Risen can directly identify Sterling as the individual who illegally transmitted to him national defense information concerning Classified Program No. 1 and Human Asset No. 1. Because he is an eyewitness, his testimony will simplify the trial and clarify matters for the jury. Additionally, as set forth below, Risen can establish venue for certain of the charged counts; can authenticate his book and lay the necessary foundation to admit the defendant’s statements in the book; and can identify the defendant as someone with whom he had a preexisting source relationship that pre-dated the charged disclosures. His testimony therefore will allow for an efficient presentation of the Government’s case.

Locale issues stem from mail fraud charges that appeared ticky tack charges up to this point. But the government is now arguing that that information–as distinct from whether Sterling served as a source for the information at issue–is critical to these ticky tack charges. Which, it seems they hope, would get them beyond any balancing test on whether Risen’s testimony is crucial for the evidence at question. They also point to mentions in the indictment of an on-the-record article Risen did with Sterling, suggesting that at the very least they ought to be able to ask Risen about this at trial since he would not be protecting an anonymous source.

In other words, they crafted the indictment to be able to argue to Brinkema that on some matters, Risen’s testimony is crucial, and on others, it qualifies for no privilege.

Of course, they also have to argue that this subpoena is not harassment. If I were Risen’s lawyer, I’d argue crafting the indictment in such a way as to carve out areas to get Risen into court is itself harassment.

But that’s not all. The government tries to argue for the necessity of Risen’s testimony in one other way, one that is of particular interest. They say that Risen told his publisher that he relied on more than one CIA source for his work on MERLIN.

In addition, Risen’s own representations to his publisher demonstrate the importance of his testimony regarding the defendant’s identity. In his book proposal, Mr. Risen represented that, in writing his book, he spoke with more than one CIA officer involved in Classified Program No. 1. Consistent with these representations, moreover, the chapter of Mr. Risen’s book that includes information about Classified Program No. 1 appears to reflect the private conversations and inner thoughts of more than one individual.11 See, e.g., Exhibit A at p. 203. Risen’s testimony is therefore relevant to identifying Sterling as a source and to identifying the specific items of national defense information in his book for which Sterling was his source. Put simply, Risen’s testimony will directly establish that Sterling disclosed to him the national defense information about which he sought to write in a 2003 newspaper article, and which he ultimately included in his 2006 book. The jury should be permitted to hear that evidence in assessing whether the Government has met its burden of proving the defendant’s guilt beyond a reasonable doubt.

While this might support the necessity of Risen’s testimony on one hand (to identify what he got from Sterling and what he got from other sources), wouldn’t it also admit a selective prosecution defense? That is, if the government itself is arguing that Risen spoke to more than one CIA officer about MERLIN, then why are they only charging Sterling?

The answer may be because of the dispute about the accuracy of Sterling’s testimony. Remember, the government claims that Sterling lied to Risen about some aspect of MERLIN, presumably about whether or not the blueprints we gave to Iran had an obvious flaw that the Russian defector immediately identified. And they’re trying to use that claim–that Sterling lied–to argue that Risen doesn’t have an obligation anymore to protect his source.

Finally, whatever interest Risen has in keeping confidential his source for the national defense information at issue here, it is severely diminished by the fact that the defendant characterized some of that information in a false and misleading manner as a means of inducing Risen to write about it. See Ind. ¶ 18, 19(d). In short, the Indictment charges that the defendant perpetrated a fraud upon Risen. If “[s]preading false information in and of itself carries no First Amendment credentials” in the civil context, see Lando, 441 U.S. at 171, then it should carry no greater weight in a criminal prosecution.

They say that even while conceding that some of the information Sterling allegedly leaked to Risen is true.

The Indictment alleges that some of the information that appears in Risen’s book is national defense information – and thus is implicitly true – but also notes that some of the information contained therein is characterized in a false and misleading manner. See Ind. ¶¶ 18,19(d). The Government is not here either confirming or denying the accuracy of any particular fact reported in the book.

There’s a lot we can conclude from this filing–not least that the government seems to be abandoning the intent of the Attorney General guidelines on subpoenaing journalists (the guidelines are not mentioned once in the filing). But most of all, it seems we can conclude that the government doesn’t care so much that Sterling allegedly leaked this information–because they’re not charging the other CIA officers they appear to know leaked to Risen–but that Sterling was critical of the operation while he leaked the information.

First Mickey Donned Night Vision Goggles, Now Mickey Embraces GateGrope

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I’ll admit, I was merely disgusted when Mickey Mouse tried to trademark Seal Team 6. But Mickey’s seeming embrace of GateGrope is far more disturbing. (h/t Bruce Schneier) In a press release boasting about changes to Walt Disney World’s Star Tour ride, Disney boasts of their imitation TSA checkpoints!

The second room of the queue is now a security check area, similar to a TSA checkpoint. The two G-series droids are still there, G2-9T scanning luggage and G2-4T scanning passengers. For those attraction junkies, you’ll remember that the G-series droids are so named because in the original Disneyland Park version of the ride, they were created by removing the “skins” from two of the goose animatronics from the soon-to-close America Sings attraction (Goose = “G” series). While we won’t tell you why, you’ll enjoy paying a lot of attention to what the scans of the luggage show is inside. When it’s your turn to go through the passenger scan (a thermal body scan), you may be verbally accosted by a security droid. Also, keep an eye out in the queue for an earlier version of RX-24 (“Captain Rex”) from the original Star Tours; he’s labeled “defective” and has some familiar dialogue.

Families are paying something like $280 a day to be amused at Walt Disney World. And as part of the amusement, they “get” to go through a “thermal body scan”?!?!?! All enhanced by the pleasure of being “verbally accosted by a security droid”!?!?!?! And all this as a way to make standing in line for obscene amounts of time to feel like a celebration of fantasy and/or capitalism rather than a pathology just like it was in the former Soviet Union?

I’m actually surprised that Schneier isn’t even more appalled at this than he is, given that he’s been as skeptical of “security theater” as anyone.

I mean, I want to know how a company with close regulatory ties to the federal government decides it will now claim it’s fun to submit to verbal abuse at the hand of what is cast as a “droid”? … How it decides either that “security scans” are such a part of our reality that no endless queue should be without one–all to help suspend our disbelief, I assume–or that a body scan is a good way to kill time in an hour-long line?

Sure, there’s a history of using Mickey Mouse to get children to accommodate security “precautions.” But do we really need to use Mickey to accustom children to RapeAScan?

As the Arab Spring Gives Way to the Sunni Summer

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The AP has a interesting–and interestingly timed–story on the help we’re giving Saudi Arabia to build a “facilities security force” to protect, among other things, its oil fields and planned civilian nuclear sites. The story is based, in part, on this WikiLeaks cable.

Note the date of the cable: October 29, 2008, less than a week before–everyone already knew at the time–Barack Obama would be elected President.

That makes the actual content of the cable all the more interesting. It describes a meeting between US Department of Energy representatives and Mohammed bin Naif, the Assistant Minister of Interior and the son of the long-time Minister of Interior, Naif bin Abdul-Aziz, as well as other representatives from Saudi Arabia’s Ministry of Interior. Basically, the DOE folks gave a presentation about the vulnerabilities in the Abqaiq oil processing plant, after which bin Naif agreed to a broad security program, including the FSF.

Remember, DOE was giving a presentation about an oil facility that had already been attacked by al Qaeda as part of plan to get Saudi Arabia to agree to this 35,000 person force in Saudi Arabia.

At the meeting at which this cooperation was agreed to, CENTCOM handed bin Naif a document describing the exact language Saudi Arabia should use request CENTCOM’s help establishing the FSF. The plan was that Saudi Arabia would then present that request (the one the US wrote) to General Petraeus when he came to Saudi Arabia on November 8 (which would be after Obama’s expected election, but not by much).

The draft [Letter of Request] for OPM-FSF prepared by CENTCOM was presented to MBN. This draft explicitly lays out on one page the exact wording for the SAG’s formal request to the USG to establish OPM-FSF. MBN directed his staff to prepare such a letter for his signature. Once we receive this letter, CENTCOM will then respond with a Letter of Acceptance (LOA) which will allow CENTCOM to begin building up OPM-FSF’s personnel and equipment structure. MOI indicated they plan to present the formal Saudi LOR to GEN Petraeus when he visits the Kingdom, currently scheduled for Nov. 8.

In addition, the cable describes bin Naif’s urgent desire–expressed privately to the US Charge d’Affaires–to solidify this partnership quickly, also mentioning his plan to travel to the US on November 5-7 (that is, the days after Obama’s expected election).

In a private meeting between MBN and the Charge’, MBN conveyed the SAG’s, and his personal, sense of urgency to move forward as quickly as possible to enhance the protection of Saudi Arabia’s critical infrastructure with the priority being its energy production sites. MBN related how his grandfather, King Abdulaziz, had the vision of forming a lasting strategic partnership with the United States. MBN stressed he shared this vision, and wants the USG’s help to protect Saudi critical infrastructure. He commented that neither the Kingdom nor the U.S. would be comfortable with the “French or Russians” involved in protecting Saudi oil facilities. “We built ARAMCO together, we must protect it together.” MBN also confirmed his travel dates to Washington will be Nov. 5 to 7.

In other words, the whole thing seems like something formalized quickly just as Obama was being elected President.

One more interesting detail about the cable? Note who appears at the top of the distribution list: Dick Cheney.

WHITE HOUSE FOR OVP

Okay, so that’s the cable. Using the fear that al Qaeda would attack Saudi Arabia’s oil fields in a repeat of the 2006 attack on Abqaiq, the US (presumably largely directed by Cheney) pushed through the agreement for this 35,000 person elite force just as Obama was being elected President.

So let’s return to the AP article. The article provides some key context for the FSF–notably that it seems to have been a quid pro quo tied to our agreement to give Saudi Arabia civilian nukes.

The new arrangement is based on a May 2008 deal signed by then-Secretary of State Condoleezza Rice and Saudi Interior Minister Prince Nayef. That same month the U.S. and Saudi Arabia also signed an understanding on civil nuclear energy cooperation in which Washington agreed to help the Saudis develop nuclear energy for use in medicine, industry and power generation.

So we give Saudi Arabia nukes that it wants (in part) because Iran is working hard to get them, and it lets us “train” a 35,000 person elite force to guard its critical infrastructure in the name of counter-terrorism. Are you having an Erik Prince moment, yet?

The rest of the article–that part not reliant on the WikiLeaks cable, that is–only partly focuses on the FSF itself–at least on the troops tasked with defending oil infrastructure. In addition, it focuses on missile defense and other arms targeted at Iran.

The U.S. also is in discussions with Saudi Arabia to create an air and missile defense system with far greater capability against the regional rival the Saudis fear most, Iran. And it is with Iran mainly in mind that the Saudis are pressing ahead with a historic $60 billion arms deal that will provide dozens of new U.S.-built F-15 combat aircraft likely to ensure Saudi air superiority over Iran for years.

Read more →

Report on Entrapment Describes Pattern of Informant-Created “Terrorism”

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We’ve been writing a bit about Mohamed Osman Mohamud, the young Oregon man charged on WMD charges for allegedly trying to detonate an inert bomb the FBI helped him get. His attorneys are preparing an aggressive entrapment defense (those defenses almost never work, but there are some interesting factors in his case), arguing that Mohamud refused early entreaties to engage in violence yet the FBI kept pressing him to do so.

NYU’s Center for Human Rights and Global Justice has just released a report mapping out the pattern of such cases. The report focuses on three NY-area cases–the Newburgh Four, the Fort Dix Five, and Shahawar Matin Siraj cases–to contextualize what is going on. It focuses on the role that informants play in these cases.

In the cases this Report examines, the government’s informants held themselves out as Muslims and looked in particular to incite other Muslims to commit acts of violence. The government’s informants introduced and aggressively pushed ideas about violent jihad and, moreover, actually encouraged the defendants to believe it was their duty to take action against the United States. In two of the three cases, the government relied on the defendants’ vulnerabilities—poverty and youth, for example—in its inducement methods. In all three cases, the government selected or encouraged the proposed locations that the defendants would later be accused of targeting. In all three cases, the government also provided the defendants with, or encouraged the defendants to acquire, material evidence, such as weaponry or violent videos, which would later be used to convict them.

Most powerfully, the report explains how these cases have affected the mens’ families. For example, in the case of the Duka brothers, in which the informant testified on the stand that the Duka brothers had no knowledge of the alleged Fort Dix plot, their extended family has had their classic immigrant success story lives upended.

The same night that the FBI arrested his sons, Ferik Duka was arrested and held in immigration detention for a month.187

Amidst everything else, Dritan’s family was summarily evicted from the apartment they had rented. Zurata recalls,

“They [the landlord] said ‘get out of the apartment these are terrorists.’ They gave us three days’ time to get our clothes. We had to get clothes from the apartment and bring them to our house, which was surrounded by news people. I had the truck, but nobody to drive, nobody to help.”188

After the eviction, Dritan’s five children moved in with their grandparents and uncle Burim, where they’ve lived ever since. Without his brothers to run the roofing Burim dropped out of high school to support his remaining family members. Noting that his nieces and nephews are “like orphans now,” Burim said, “it’s me who supports them now… I basically support four families.”189 Shouldering a heavy burden for a 20-year old, Burim now runs one of the Dukas’ roofing companies; Ferik came out of retirement to run the other business.

At the time of the arrests, the Dukas’ roofing companies had over $400,000 in contracts. These dried up almost immediately after the brothers were arrested. People who had worked with Ferik for more than a decade took their business elsewhere. Their biggest customer, the local fire department, called to say they had been warned by the government not to do business with the Dukas. Internet sites labeled their businesses as being “run by terrorists,”190 and they received harassing phone calls at their businesses. While they once dreamt of building four neighboring houses, one for each brother, today they are barely able to make ends meet.

And perhaps the most stunning detail is this description of the incitement a cop, Osama Eldawoody, used to get Shahawar Matin Siraj to accept his invitation to violence: Abu Ghraib.

In April 2004, when the abuse of detainees by U.S. soldiers at Abu Ghraib216 first became public, Eldawoody seized on the opportunity to take things to the next level. Shahina explains that Eldawoody started showing Shahawar “awful, awful scary photos of Abu Ghraib and Guantanamo. If you show these pictures even to a non-Muslim, it’ll make them crazy. No one can bear these photos, Eldawoody showed Shahawar these photos and said, ‘it’s your duty as a Muslim to do jihad in response.’”217

After months of Eldawoody’s campaign, Shahawar finally crumbled when he was shown pictures of young Iraqi girls being threatened and raped; he told Eldawoody that they had to do something.218 Eldawoody then told him about a group called “The Brotherhood,” with operatives in upstate New York who could help them.219 Then, in May 2004, Eldawoody told his handlers, “I believe it’s time to record.”220

Oh, okay. Use evidence of American crimes as a way to induce others to commit fake crimes. Only unlike all but a “few bad apples” convicted in those real crimes, the government will actually indict and convict in the fake crimes.

Do they not see how this is perverting the entire concept of justice?

Apparently the Terrorists Can’t Learn How Much Radiation They’ll Get from Going through TSA Security

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When I first read tweets pointing to this article, reporting that the Administration won’t let independent scientists evaluate the radiation exposure from RapeAScan machines, I joked that it was because we can’t let terrorists know how dangerous these machines are.

Unfortunately, that is precisely the reason the Administration gave a scientist who wrote an article poo-pooing the risk of the machines.

After her article was published, [UCSF radiologist Rebecca] Smith-Bindman was contacted by a TSA public affairs officer. During the conversation, she suggested that she or other outside scientists be allowed to test the machine. The official was shocked by the suggestion and said such access could tip off people who want to avoid detection, Smith-Bindman said.

“It was not appreciating that there’s legitimate scientific questions that have to be balanced against the security questions,” she said.

Science is one of those luxuries we’re going to have to do without now, I guess, in the interest of protecting ourselves from terrorists.

Which has the added advantage for the fearmongers, I guess, that we never have a means to rationally evaluate the efficacy of their policy choices.

Did the Administration’s Own Propensity for Leaks Crash the SEAL’s Blackhawk?

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The AP has an astoundingly detailed description of the raid on Osama bin Laden’s compound. It describes the kinds of aircraft used, the minutes spent completing each part of the task, and even explained that the Geronimo name just served to indicate that the SEALs had reached stage “G” of the mission.

It also includes two details that, when considered together, suggests the troubling possibility that potential Administration leaks put the operation in danger.

First, the story explains that the mission was launched the night it was because too many people had been briefed on it and people were worried about leaks.

The decision to launch on that particular moonless night in May came largely because too many American officials had been briefed on the plan. U.S. officials feared if it leaked to the press, bin Laden would disappear for another decade.

That is, the Administration launched the mission on the night they did not because it presented optimal conditions, but because they (or CIA or DOD) worried that someone would actually leak advance details to the press of one of the most sensitive missions of the last decade. (I can’t remember who it was, but I have this vague memory of one reporter describing the raid after Obama’s announcement of it referencing a discussion of it that had taken place the previous morning, so before it happened. I thought at the time that it’d be weird for the Administration to do an advance briefing on this operation. If my memory is right on this count, it means advance news of the operation did leak to the press.)

Later in the article, the AP provides a description of why one of the two Black Hawks went down (and how that made them deviate from their planned stealth approach on the compound). The key factor, the AP notes, was the unexpectedly hot temperature, which thinned the air and made the chopper more difficult to maneuver.

The Black Hawks were specially engineered to muffle the tail rotor and engine sound, two officials said. The added weight of the stealth technology meant cargo was calculated to the ounce, with weather factored in. The night of the mission, it was hotter than expected.

[snip]

The plan unraveled as the first helicopter tried to hover over the compound. The Black Hawk skittered around uncontrollably in the heat-thinned air, forcing the pilot to land. As he did, the tail and rotor got caught on one of the compound’s 12-foot walls. The pilot quickly buried the aircraft’s nose in the dirt to keep it from tipping over, and the SEALs clambered out into an outer courtyard.

Now, it may be there’s no connection between the Administration’s worry about leaks and the decision to launch the mission even though temperatures put the helicopters at risk. It may be that SEALs measure cargo down to the ounce but don’t bother to schedule around volatile spring weather.

But these two details make one thing clear: the mission was launched on a less than optimal night. And it was launched when it was because the Administration worried about impending leaks.

And even if there’s not a connection between the too-hot night and the imperative to launch when they did to pre-empt any leaks, the implication remains. The Administration suspected someone within the too-large but presumably very limited circle of people briefed on this raid either had already leaked or would leak this information to the press. The Administration believed someone in that tight circle might compromise operational security of a tremendously sensitive and dangerous mission.

Why isn’t that person–rather than Thomas Drake–awaiting trial?

Another US “Diplomat” Arrested (Briefly) in Pakistan

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US-Pakistani relations really didn’t need this right now. Pakistan arrested–and then released, apparently because the person’s claim to have diplomatic status checked out–an American with high tech gear allegedly snooping around a nuke lab.

The American diplomat, purportedly called Matthew Bennett, was found near Fateh Jang by ISI and MI personnel who had been watching him for a while.

He was found taking photographs in an area which, according to officials and locals, served as a secret passage for the transportation of sensitive materials to the Khan Research Laboratories at Kahuta.

They found some neat toys on him, too.

Let’s see. We had the first outed CIA station chief last year. Followed by the six week confrontation over Raymond Davis, which may have resulted in the exposure of hundreds more spooky contractors. Followed by a raid on Osama bin Laden’s compound that–the Pakistanis claim, at least, took them by complete surprise. In apparent response, a second CIA station chief was outed. And now someone apparently working under diplomatic cover gets caught taking tourist photos of an passage to Pakistan’s nuclear lab?

Is someone keeping count?

So we got Osama bin Laden. And in exchange, Pakistan’s nuclear program will go completely dark?

Mickey Mouse’s Night Vision Goggles

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Just weeks after the SEALs killed Osama bin Laden, a company best known for profiting wildly off of fantasy stories for children has trademarked Seal Team 6.

The Walt Disney Company has trademarked “Seal Team 6,” which also happens to be the name of the elite special forces team that killed Osama Bin Laden.

The trademark applications came on May 3rd, two days after the operation that killed Bin Laden… and two days after “Seal Team 6″  was included in thousands of news articles and TV programs focusing on the operation.

There’s a lot that’s wrong with this. Do we really need Mickey Mouse making a movie celebrating violence? Boom, boom! as Mickey double-taps the bad guy.

And how does Disney get to trademark a government unit? Shouldn’t they be paying a license fee to the government if they want to make money off Seal Team 6’s success?

Finally, though, I’d love to second the suggestion made by @AllThingsCT: if Disney is going to insist on profiting off the exploits of SEAL Team 6, then they had better be giving most of those profits back, preferably to military families who are struggling through multiple deployments and PTSD.

JSOC Decides It’s Ready to Return to Shadows … Soon

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Vice Admiral William McRaven, the Commander of the Joint Special Operations Command–which has been celebrated for the last two weeks for its role in getting Osama bin Laden–told Marc Ambinder (who has long been one of the most informative writers on JSOC and wrote a detailed profile of them last week)–that he’d like JSOC to return to the shadows … soon.

Vice Adm. William McRaven, JSOC’s commanding general, expected a degree of exposure before the raid but hopes that his command’s 15 minutes of fame are over soon, two military officials said.

Though some other JSOC officers are not so sure they want to return to complete obscurity.

Some senior JSOC officers are prepared to deal with a future that includes more openness about their operations.

But it does seem rather remarkable that, after almost two weeks of barely anonymized national security sources leaking like justifiably proud sieves, someone has decided there has been enough.

Ambinder describes several details that national security types now worry may have revealed too much. Obama revealing–indirectly–that the special features on the Blackhawk we lost cost $10 million. The revelation that OBL relied on thumb drives to give couriers to transport his emails to a remote location to be sent. Or this list of CIA-related issues: “the existence of a CIA safe house in Abbottabad, the use of a sophisticated drone to surveil the compound, and the extent to which the CIA was able to monitor what was happening inside.”

But I wonder whether this newfound sensitivity–and the blame placed by “some” on the “dozens of [members of Congress] who have been given extensive briefings on the intelligence and the raid,” rather than the White House personnel who have obviously been behind most of the leaking, doesn’t have to do with stories like this coming out, with CBS’s animated simulation of the raid complete with details taken from the operatives’ head cameras:

  • The only firefight took place in the guesthouse, where one of bin Laden’s couriers open-fired
  • No one in the main building got off a shot or was even armed (although there were weapons nearby)
  • When the second SEAL entered bin Laden’s bedroom, bin Laden’s wife rushed at him, or perhaps was pushed forward by bin Laden

In other words, we’re beginning to learn solid details that undercut the narrative the government has been trying to tell for the last two weeks.

I also wonder whether the leak of several month old intelligence showing OBL doesn’t trust or care for Anwar al-Awlaki, who we keep trying to kill because of a purported relationship between the two, has renewed national security types’ concern about leaking.

Most of the leaking so far has fit under the Bob Woodward rule that says no secret is too sensitive if it makes the high level person who authorized the leak look good. Or if it makes the country’s nemesis look like a dirty old man (though doesn’t our country already know that religious conservatives tend to be dirty old men?)

But as is typical, as soon as the flood of leaks starts to solidly challenge the preferred narrative, all of sudden leaks get to be a problem again.

Which says the leaks are probably just starting to get interesting.

Yemen’s Head of Al Qaeda Scrambles to Make Anwar al-Awlaki Al Qaeda’s #3

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It’s now a perennial joke. Every time we kill the next Number Three in al Qaeda, we joke about how no one wants to take that guy’s place.

Which was my first impression when I read this bit from ProPublica’s review of what the intelligence from Osama bin Laden’s compound has thus far revealed.

Bin Laden also managed to retain authority over al Qaeda’s affiliates in Yemen, North Africa and Iraq, the U.S. official said.

“It was not the same degree of detailed involvement, but he played a huge role in leadership,” the U.S. official said.

[snip]

Intelligence gathered months before the raid revealed a tell-tale exchange with the al Qaeda leader in Yemen. The leader, a Yemeni, wrote to bin Laden with a surprising proposal: He suggested that he step down as chief of the affiliate in favor of Anwar al-Awlaki, a Yemeni-American ideologue. Awlaki’s influence has been revealed in a string of recent plots against the U.S., including the attempted Christmas bombing on a Detroit-bound flight in 2009.

The leader explained that naming Awlaki as his replacement would be a propaganda coup. It would take advantage of the cleric’s popularity among Westerners, especially Americans, and have a strong impact on recruitment, according to the counterterror official.

The leader in Pakistan rejected the proposal, however, according to the official. “Bin laden’s message was essentially, I know you. I trust you. Let’s keep things the way they are.” [my emphasis]

Note, though, that this intelligence didn’t come from the raid, though it appears to have been leaked by the same “US official” (who is not a counterterrorism official) leaking the findings of the raid.

The report is interesting for a number of reasons.

First, because, aside from the raid, where were we getting intelligence on OBL’s reported letter-based exchanges? Where were we getting both sides of written exchanges between Yemen and OBL “months before the raid”?

Then there’s this bit, from a “senior intelligence official” who rolled out the OBL home movies last week. After being asked, for a second time, whether the cache at OBL’s compound revealed anything about al-Awlaki, he made what I assume to be a very odd misstatement–or a remarkable truth.

Q: And is Awlaki a possible successor as part of that?

SR. INTEL OFFICIAL: I think we addressed Awlaki before, but–

(Cross talk.)

Q: — to bin Laden? Is that shown in the records?

SR. INTEL OFFICIAL: I can’t say specifically at this point whether that’s in the records, per se, or in the documents, but, you know, it would be highly unsurprising if bin Laden didn’t know about Anwar al-Awlaki.

Let’s unpack the grammar of this, the official transcript: It would be highly unsurprising (meaning, it would not be surprising, meaning it would be likely) if bin Laden didn’t (that’s “did not”) know about Anwar al-Awlaki. It would be likely that bin Laden did not know about al-Awlaki.

That can’t be right. That can’t be what the SIO meant to say. Obviously, OBL at least knew about al-Awlaki. I mean, we saw him watching the tellie, right? Al-Awlaki’s all over the tellie.

But of course, the ProPublica exchange, from intelligence collected months before the raid and offered in support of the assertion that “Bin Laden also managed to retain authority over al Qaeda’s affiliates in Yemen but without “the same degree of detailed involvement” shows that OBL doesn’t care all that much–or doesn’t trust–Anwar al-Awlaki. Indeed, elsewhere the ProPublica report describes OBL’s criticism of Inspire magazine, produced by an American in Yemen. That is, OBL made what ProPublica rightly suggests are rather incredible complaints about a magazine that filled the same niche al-Awlaki does: popularized outreach to English speakers.

It seems like OBL doesn’t care that much for the Americans waging jihad, in English, in Yemen.

All of which brings us to the reason so many journalists are asking these questions about al-Awlaki.

You know, the drone strike targeting an American citizen? The drone strike launched just days after OBL’s death, which led a lot of people to believe it was a direct response to something we found in OBL’s compound? The drone strike on a guy that this US official at least suggests OBL doesn’t trust all that much?

That drone strike?

But then there’s the final implication of all this. People within al Qaeda are feeding into the notoriety we’re according al-Awlaki for trying to bomb him so much. The insiders appear to not trust him. But they recognize that he’s a great figure for propaganda.

At least partly because we made him one.

There’s something very hinky with the intelligence on al-Awlaki we found–or didn’t find–in OBL’s compound. Charitably, this “US official” who spoke to ProPublica might just be feinting, discussing outdated information to lead al-Awlaki to let his guard down (though if that’s true, shouldn’t we assume everything else he said is propaganda, too?). More likely, he’s answering the umpteenth question about any ties between intelligence we found at OBL’s compound and our attempt to assassinate al-Awlaki last week, with no due process.

And the best explanation he can offer is months old intelligence, showing that OBL doesn’t trust al-Awlaki.