Random Friday Afternoon Links

I’ve had a frazzled few days (dealing with stuff like dodgy cars) and I’m about to bury myself deep in the weeds. So I thought I’d throw up a few links to keep you all occupied so as to ensure there’s still something left in the likker cabinet for when I come out of the weeds later today.

Silicon inside the anthrax

First, if you didn’t already see JimWhite’s link to his diary on yet more evidence that the FBI didn’t solve the Amerithrax case, here’s another link. Jim discusses recent developments in the enduring questions regarding whether there was silicon in the anthrax or not, and does so in terms that non-scientists can understand.

The telecoms and the government making googly eyes again

Then there’s this article about a bill that Jay Rockefeller and Olympia Snowe have introduced to make it easier for the government and owners of critical infrastructure to collaborate.

If passed, the legislation would enhance collaboration between US intelligence agencies and the private sector. First, it would require the White House to designate certain technology systems as critical if their disruption threatened strategic national interests. If intelligence officials received information about a forthcoming attack targeting a specific company or critical part of the US infrastructure, a top-level private sector official with security clearance would be provided with “enough” information to defend or mitigate the attack, a congressional aide said.

The threat to critical infrastructure has become a flashpoint in the broadening debate about overall cybersecurity issues. More than 85 per cent of infrastructure that is deemed to be critical is owned or operated by the private sector.

I’m mildly sympathetic to the need to make sure the private sector cooperates in cybersecurity efforts. But I would feel a lot better about the issue if the same “critical infrastructure” companies–the telecoms–hadn’t collaborated with the Bush Administration to illegally spy on Americans. And heck, as cooperation with the Feds becomes a bigger and bigger cash cow for these companies, shouldn’t we just take them over and get better service for a reasonable price?

GAO begs to disagree

Then there are two posts on Obama’s threat to veto the intelligence authorization bill if it allows GAO to conduct investigations of the intelligence community. POGO has a good summary pointing out that this really shouldn’t be that big of a deal. And Steven Aftergood has a post with a link to and discussion of the letter the head of GAO, Gene Dodaro, sent to Intelligence Committee leadership informing him that claims made in the veto threat are inaccurate.

OMB warned that the President’s senior advisors would recommend that the President veto the bill if it included any of several provisions, including the sections concerning GAO. I write to clarify what I view as several misstatements of law and fact within OMB’s letter as it relates to GAO.

OMB’s letter posits that the passage of the GAO provisions would result in sweeping changes to the current statutory framework and provide GAO with authority it currently lacks to conduct reviews of intelligence activities. GAO strongly disagrees. GAO has well-established statutory authority to evaluate agency programs and investigate matters related to the receipt, disbursement, and use of public money under 31 U.S.C. §§ 712 and 717 and to access agency records under 31 U.S.C. § 716. These statutes and others provide GAO with the required authority to perform audits and evaluations of IC activities. Within GAO’s authority, specific safeguards exist to reflect the particularly sensitive nature of certain intelligence activities and programs.l The proposed legislative provisions in essence reaffirm GAO’s existing authority in order to address the lack of cooperation GAO has received from certain elements of the IC in carrying out work at the specific request of the intelligence committees, and other committees of jurisdiction as defined by the rules of the Senate and House.

GAO acknowledges and does not seek to displace the special relationship between the congressional intelligence committees and the IC. However, GAO does not agree with the Administration’s view, originating in a 1988 opinion of the Department of Justice’s Office of Legal Counsel, that the creation of the congressional intelligence oversight structure (codified at 50 U.S.C. § 413) implicitly exempted reviews of intelligence activities from the scope of GAO’s existing audit authority.2 Neither the language of section 413 nor its legislative history provides support for this position. Moreover, the executive branch has expansively applied the 1988 opinion as precluding GAO reviews of matters that extend well beyond traditional intelligence activities. This has resulted in GAO frequently being unable to obtain the access or cooperation necessary to provide useful information to the Congress on matters involving the IC.

GAO is basically saying the Obama Administration is taking an expansive read of an old OLC opinion that–GAO claims–ignores the relevant law to try to prevent competent oversight of the intelligence community.

Not much to say about the War now…

Finally, there’s this, from Mark Hosenball. Not surprisingly, the UK’s Iraq War Inquiry wants to ask Bush Administration leaders why they brought us into an optional war in Iraq. Also not surprisingly, those Bushies have no intention of cooperating.

British government sources tell Declassified that investigators for Britain’s official Iraq War inquiry panel—which has been conducting a lengthy probe into the origins and conduct of the war—want to make a fact-finding trip to the United States. One sensitive item on the agenda: trying to get interviews with former Bush administration officials.

But the sources, who asked for anonymity when discussing private information, said there are already indications that Bush administration “principals”—senior policymaking officials including George W. Bush and Dick Cheney—have indicated that they have no intention of talking to the British investigators.

[snip]

Bush and Cheney are not the only ones who are expected to turn down the Brits’ invitation. The U.K. source acknowledged that other top-tier Bush administration officials—including Condoleezza Rice and Donald Rumsfeld—are unlikely to speak with the U.K. inquiry, which has no power to compel their cooperation. The Washington Post reported that Stephen Hadley, Bush’s former national-security adviser, has been among those “voicing a strong disinclination to participate.” If the higher ups won’t talk, the panel hopes at least to secure interviews with lower-level U.S. officials who had a hand in planning and carrying out the invasion.

Golly! What ever might Dick and Bush and Condi and Rummy and Hadley have to hide?

Obama’s Intelligence Leaders: For GAO Oversight Before They Were Against It

Yesterday, we talked about how Rahm Emanuel opposed indefinite detention before he started working for it with Lindsey Graham.

Today, Steven Aftergood shows that Obama’s two intelligence heads, Leon Panetta and Dennis Blair, supported GAO oversight of intelligence activities before–presumably–they supported yesterday’s veto threat of GAO oversight.

As a Congressman in 1987, Leon Panetta actually introduced a measure to give GAO oversight authority over the CIA.

Sen. Daniel Akaka (D-HI), Rep. Anna Eshoo (D-CA) and others have repeatedly argued that the GAO could usefully supplement the intelligence oversight process without detracting anything.  “It is Congress’s responsibility to ensure that the IC carries out its critical functions effectively and consistent with congressional authorization. For too long, GAO’s expertise and ability to engage in constructive oversight of the IC have been underutilized,” Sen. Akaka said last year.

In 2008, Sen. Akaka chaired a Senate Homeland Security and Governmental Affairs subcommittee hearing (at which I testified [pdf]) on the feasibility and utility of GAO intelligence oversight.  “Congress must redouble its efforts–that is what we are trying to do–to ensure that U.S. intelligence activities are conducted efficiently, effectively, and with due respect for the civil rights and civil liberties of Americans, and I will work to see that it does,” Sen. Akaka said then.

Amazingly, an earlier version of the proposal for an expanded GAO role in intelligence oversight was introduced in 1987 by then-Rep. Leon Panetta, who is now the Director of the Central Intelligence Agency.

According to Rep. Panetta’s proposed “CIA Accountability Act of 1987″ (pdf) (H.R. 3603 in the 100th Congress), “Notwithstanding any other provision of law, the Comptroller General [who directs the GAO] shall audit the financial transactions and shall evaluate the programs and activities of the Central Intelligence Agency” either at his own initiative or at the request of the congressional intelligence committees.

And during his confirmation hearings, Blair was open to the possibility of GAO oversight as well.

At the January 22, 2009 confirmation hearing (pdf) of Adm. Dennis C. Blair to be Director of National Intelligence, Adm. Blair also acknowledged a role for GAO in intelligence oversight.

Sen. Ron Wyden asked him: “If the GAO is conducting a study at the direction of one of the intelligence committees using properly cleared staff, will you give them the access they need to do their work?”

Adm. Blair replied: “Senator, I’m aware that the direction of GAO studies and the terms of them are generally subject to talk between the two branches of government for a variety of reasons, and subject to having those discussions, ultimately I believe the GAO has a job to do and I will help them do that job.”

But, along with Obama’s opposition to investigating the Amerithrax investigation, he is now threatening to veto legislation that advocates just this kind of oversight.

Contract Killers as PsyOp Warriors

Several things stuck out for me in the NYT’s big story about DOD’s PsyOp contractors-as-assassination-flunkies. First, the degree to which DOD allegedly hid its assassination program inside a PsyOp venture. As the story reports, Michael Furlong, the guy running this show, was ostensibly engaged in strategic information, collecting information on Afghanistan’s social structure. But in fact, he was using that money to employ freelancers who, at a minimum, were targeting Afghans for assassination.

Mr. Furlong has extensive experience in “psychological operations” — the military term for the use of information in warfare — and he plied his trade in a number of places, including Iraq and the Balkans. It is unclear exactly when Mr. Furlong’s operations began. But officials said they seemed to accelerate in the summer of 2009, and by the time they ended, he and his colleagues had established a network of informants in Afghanistan and Pakistan whose job it was to help locate people believed to be insurgents.

Government officials said they believed that Mr. Furlong might have channeled money away from a program intended to provide American commanders with information about Afghanistan’s social and tribal landscape, and toward secret efforts to hunt militants on both sides of the country’s porous border with Pakistan.

And that, in turn, is interesting because we really need the kind of information collection Furlong was supposed to be doing. So imagine what happens when those purportedly engaging in such information collection lead to the deaths of their potential sources–it’d make this kind of information collection toxic (and potentially end up in the targeting of journalists and academic anthropologists also employed for such work, as has happened). That’s particularly a problem when, as Danger Room’s Nathan Hodge describes, more and more contractors doing PsyOp work are apparently doing something else instead.

But it also sheds light on some lesser-known players like International Media Ventures, a “strategic communications” firm that seems to straddle the line between public relations, propaganda work and private security contracting.“Strategic communications” firms have flourished in the strange new post-9/11 media environment. Unlike traditional military public affairs, which are supposed to serve as a simple conduit for releasing information to the public, strategic communications is about shaping the message, both at home and abroad. Why is that problematic? As Danger Room’s Sharon Weinberger pointed out, “When a newspaper calls up a public affairs officer to find out the number of casualties in an IED attack, the answer should be a number (preferably accurate), not a carefully crafted statement about how well the war is going.”

Afghanistan, in fact, has been a longtime laboratory for strategic communications. Back in 2005, Joshua Kucera wrote a fascinating feature in Jane’s Defence Weekly about how one of the top U.S. military spokesmen in Afghanistan was also an “information operations” officer, who reported to an office responsible for psychological operations and military deception. That kind of dual-hatting continues today: Rear Adm. Gregory Smith, the top military spokesman in Afghanistan, is also director for strategic communications in Afghanistan.

And then there’s the military’s interest in newsgathering-type intelligence on Afghanistan’s social and cultural scene. As we’ve reported here before, the top U.S. intelligence officer in Afghanistan complained in a damning report that newspapers often have a better sense of “ground truth” in Afghanistan (and suggested that military intelligence needs to mimic newspaper reporting, or even hire a few downsized reporters, to get the job done). Furlong’s scheme — and again, the Times account is a bit muddled here — may have shifted funds away from AfPax Insider, a news venture run by former CNN executive Eason Jordan and author/adventurer Robert Young Pelton.

Effectively, our propaganda efforts have themselves become cover for paramilitary activities.

And speaking of cover, was anyone else amused at the way this story reported the involvement of Duane Clarridge, an old CIA spook with a fetish for illegal ops?

Among the contractors Mr. Furlong appears to have used to conduct intelligence gathering was International Media Ventures, a private “strategic communication” firm run by several former Special Operations officers. Another was American International Security Corporation, a Boston-based company run by Mike Taylor, a former Green Beret. In a phone interview, Mr. Taylor said that at one point he had employed Duane Clarridge, known as Dewey, a former top C.I.A. official who has been linked to a generation of C.I.A. adventures, including the Iran-Contra scandal.

In an interview, Mr. Clarridge denied that he had worked with Mr. Furlong in any operation in Afghanistan or Pakistan. “I don’t know anything about that,” he said.

NYT reports that Furlong employed Mike Taylor’s company, which in turn employed Clarridge. And after Clarridge says he didn’t work for Furlong, NYT just leaves it at that, apparently not pursuing whether Clarridge worked for Taylor, which was the claim in the first place.

In other words, even while reporting the egg-within-an-egg quality of this cover, NYT lets Clarridge issue a non-denial denial and leave it at that.

But there may be a reason why NYT doesn’t want to acknowledge that this PsyOp contract became cover to pay Duane Clarridge to engage in off-the-books spywork.

Read more

The Torture Apologists Ratchet Up the Attack

You know how the Moonie Times let go almost all of its “journalists” last year? Well, apparently they haven’t let go of their CIA mouthpiece (not a surprise, I guess, since MT has always been one big disinfo campaign), Bill Gertz. And he’s out this morning suggesting (though not saying explicitly) that the CIA wants human rights lawyers trying to identify the people who interrogated their clients investigated for Intelligence Identity Protection Act violations–the crime Dick Cheney got away with when he outed Valerie Plame. (h/t MadDog)

As a reminder, detainee defense lawyers have undertaken what they call the John Adams Project–an effort to take pictures of suspected interrogators that they can show to their clients to positively ID. The hope is to call detainees’ interrogators to testify at their habeas proceedings and/or criminal trials. Of course, this information should be available to detainees in any case, but the government routinely protects it under national security classification rules.

The CIA, of course, is apoplectic that its interrogators might be tied to what they did to these detainees. So, in a brief to longtime CIA guy and now top Homeland Security advisor to Obama, John Brennan, they appear to be trying to suggest the John Adams project be investigated for IIPA violations. And because one of the DOJ staffers is a former House Intelligence Committee staffer (but not, according to the CIA, one of the guys briefed during the most secretive torture briefings), and because the torture apologists are already conducting a witch hunt of those at DOJ they say are al Qaeda sympathizers, Vieira has recused himself and DOJ has apparently brought in Patrick Fitzgerald Read more

Under Michael Chertoff, DHS Used David Horowitz Propaganda in Intell Report

Mark Hosenball reports that Dianne Feinstein and other Senate Dems have accused the Department of Homeland Security’s spooks of using right wing propaganda to develop finished intelligence reports on Muslims. By looking at this paragraph from last year’s intelligence authorization

The Committee has raised a number of concerns with reports issued by the Department of Homeland Security OIA that inappropriately analyze the legitimate activities of U.S. persons. These reports raised fundamental questions about the mission of the OIA and often used certain questionable open source information as a basis of their conclusions. The Committee recommends that the next Under Secretary for Intelligence and Analysis conduct a comprehensive review of the quality and relevance of the intelligence products produced by the OIA, and provide this review to the congressional intelligence committees within 180 days of enactment.

And analyzing the language from this letter from Russ Feingold and Jay Rockefeller, Hosenball credibly argues that DHS used David Horowitz’ DiscoverTheNetworks.org as a source for a least one intelligence report on a US Islamic leader. (The letter cites the tagline, “identif[y] the individuals and organizations that make up the left,” a term Horowitz has used.)

Among others targeted by Horowitz’ site–though not all Islamic leaders–are Keith Ellison, Arianna Huffington, and Kos. And, ironically enough, Janet Napolitano.

Hosenball also notes that the report on the Islamic leader using Horowitz’ site was developed for DHS’s Civil Rights Office, and from there, was circulated to other intelligence agencies.

Congressional officials say the Homeland intelligence report that particularly angered Feinstein and other committee members is still classified. Nevertheless, three current and former intelligence officials, requesting anonymity when discussing sensitive information, say the report in question is a profile of an unnamed but prominent American Islamic leader and was produced by Homeland Security’s intelligence office during the latter years of the Bush administration. The report was requested by the Department’s civil rights office, whose officials were preparing to meet with the Islamic leader. But instead of sending the civil rights office a quick bio of the individual in question, Homeland’s intelligence office issued a “finished” intel report that was circulated to other intelligence agencies and, eventually, to Congressional oversight committees.

In other words, Michael Chertoff was using the Civil Rights Office at DHS as the impetus to develop finished intelligence reports based on the First Amendment activities of Americans.

Remember the firestorm last year when wingnut groups learned DHS did a report–initiated by the Bush Administration–on right wing extremist groups?

The report, “Right-wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” said right-wing extremist groups may be using the recession and the election of the nation’s first African-American president to recruit members.

The report, which was prepared in coordination with the FBI, was published last week. It was distributed to federal, state and local law enforcement officials. Mainstream media picked up the story after it was reported by conservative bloggers.

I wonder if they’ll show the same alarm with this report?

Senator Bob Graham: Majority on Senate Intelligence Committee Supported Interrogation Oversight in 2002

A couple of weeks ago, I noted that the CIA Memorandum for the Record from their February 4, 2003 briefing of Pat Roberts revealed that Bob Graham, Roberts’ predecessor as Chair of the Senate Intelligence Committee, had attempted to institute some oversight over the CIA’s interrogation program in November 2002. After CIA discouraged the idea in the briefing, Roberts immediately backed off the idea of doing any oversight.

Roberts’ [redacted; staffer?] asked me whether I had “taken up the line” the Committee’s, actually Senator Graham’s, late November request to undertake its own “assessment” of the enhanced interrogation. I [Stan Moskowitz, head of Congressional Affairs] explained to Senator Roberts the dialogue I had had with [redacted], and our responce [sic] that we would not support reading another staffer into the program nor allow any staffer to review the interrogations in real time or visit the clandestine site where the interrogations were taking place. Quickly, the Senator interjected that he saw no reason for the Committee to pursue such a request and could think of “ten reasons right off why it is a terrible idea” for the Committee to do any such thing as had been proposed. Turning to [redacted], he asked whether they thought otherwise and they indicated that they agreed with the Senator.

I wanted to know what kind of oversight Graham had had in mind, so I asked Senator Graham for an explanation of the reference. According to Graham, a majority of Committee members in November 2002–including a few Republicans–supported conducting oversight of the program. And it seems that CIA mischaracterized to Roberts what Graham had planned, perhaps in an effort to dissuade Roberts from conducting that oversight.

Graham reminded me (as I reported last May) that he was never briefed on the abusive techniques the CIA was using. So he didn’t decide to do more oversight of the program because of concerns about the techniques.

Rather, there was “a lot of smoke” that made it clear “something out of the norm was occurring.” There were “rumors that something was occurring out of the ordinary.” (I asked specifically whether he had heard any rumors about the November 2002 Salt Pit death, but he said he had not.)

But contrary to what the CIA represented to Roberts, Graham wasn’t asking to “review the interrogations in real time.” He was planning initial oversight of the interrogation program. He wanted to ask basic questions about what was going on:

  • What’s going on?
  • Who authorized the program?
  • What [intelligence] are we getting out of it?

Graham told me that “well over a majority” of the committee supported doing such oversight. When I asked, he said Jay Rockefeller, who replaced him as the Ranking Democrat on the Committee, supported the effort. Though Graham didn’t remember precisely who was on the Committee at the time (here’s the list), he named Richard Lugar and Mike DeWine as two of the Republicans who were probably in the majority supporting this kind of oversight over the program.

But between CIA’s apparent misrepresentations to Roberts and Roberts’ own disinterest in asking even the most basic questions about the CIA’s interrogation programs, those efforts ended when Graham left the committee and Roberts took over as Chair.

And that’s how Pat Roberts and CIA agreed to avoid asking or answering even the most basic questions about the Bush Administration’s torture program.

Holder: Zazi's plot "one of the most serious terrorist threats to our nation since September 11th, 2001"

And all resolved using civilian law enforcement. From the DOJ press release:

The Justice Department announced that Najibullah Zazi pleaded guilty today in the Eastern District of New York to a three-count superseding information charging him with conspiracy to use weapons of mass destruction (explosive bombs) against persons or property in the United States, conspiracy to commit murder in a foreign country and providing material support to al-Qaeda. Among other things, Zazi admitted that he brought TATP [Triacetone Triperoxide] explosives to New York on Sept. 10, 2009, as part of plan to attack the New York subway system.

Zazi, 25, a resident of Aurora, Colo., and legal permanent resident of the United States from Afghanistan, entered his guilty plea today before Chief U.S. District Judge Raymond J. Dearie. Zazi faces a maximum statutory sentence of life in prison for the first two counts of the superseding information and an additional 15 years in prison for the third count of the superseding information.

[snip]

As Zazi admitted during today’s guilty plea allocution and as reflected in previous government filings, he and others agreed to travel to Afghanistan to join the Taliban and fight against United States and allied forces. In furtherance of their plans, they flew from Newark Liberty International Airport in Newark, N.J., to Peshawar, Pakistan at the end of August 2008. Although Zazi and others initially intended to fight on behalf of the Taliban, they were recruited by al-Qaeda shortly after arriving in Peshawar. Al-Qaeda personnel transported Zazi and others to the Waziristan region of Pakistan and trained them on several different kinds of weapons. During the training, al-Qaeda leaders asked Zazi and others to return to the United States and conduct suicide operations. They agreed.

[snip]

“This was one of the most serious terrorist threats to our nation since September 11th, 2001, and were it not for the combined efforts of the law enforcement and intelligence communities, it could have been devastating,” said Attorney General Eric Holder. “This attempted attack on our homeland was real, it was in motion, and it would have been deadly. We were able to thwart this plot because of careful analysis by our intelligence agents and prompt actions by law enforcement. They deserve our thanks and praise.”

Note how the superseding information includes conspiracy to commit murder in a foreign country (but not such a conspiracy here in the US). I guess that’s a signal that from this plea deal DOJ expects to get a lot more on the people in Pakistan Zazi was working with.

UK Relations with Israel "in the Deep Freeze" over Dubai Assassination

Those JSOC guys doing America’s assassinating better make sure they don’t get caught using British passports. Because if the Brits’ claimed anger at Israel for giving its Mossad killers UK passports is any indication, it would not help relations.

Britain fired the first shot last night in a potentially explosive diplomatic row with Israel by calling in the country’s ambassador to explain the use of fake British passports by a hit squad who targeted Mabhouh in Dubai last month.

The Israeli ambassador was at the Foreign Office this morning for a brief meeting to “share information” about the assassins’ use of identities stolen from six British citizens living in Israel, as part of the meticulously orchestrated assassination of Mabhouh.

“After receiving an invitation last night, I met with Sir Peter Ricketts, deputy-general of the British foreign minister,” Ron Prosor said after the meeting. “Despite my willingness to co-operate with his request, I could not shed new light on the said matters.”

Britain has stopped short of accusing Israel of involvement, but to signal its displeasure the Foreign Office ignored an Israeli plea to keep the summons secret. “Relations were in the freezer before this. They are in the deep freeze now,” an official told the Guardian.

Of course, the UK is pissed about the passports, not necessarily about the assassination of a top Hamas figure more generally. So maybe Britain is okay with our assassinations squads, too.

But the very public response to the Mahmoud al-Mabhouh killing, as well as certain details like the involvement of the Palestinian Authority, is sure to bring some interesting scrutiny on our own practices (as a number of you have pointed out in comments).

And WTF? Did the clowns who botched the Abu Omar rendition in Italy teach this Mossad squad tradecraft? Or did they just misjudge Dubai’s willingness to play host to assassinations?

Update: Reader cw notes this Robert Fisk story, suggesting that the UAE is getting pissed that countries like the UK haven’t alerted Interpol to the use of these passports.

The United Arab Emirates (UAE) suspect — only suspect, mark you — that Europe’s ‘security collaboration’ with Israel has crossed a line into illegality, where British passports (and those of other EU nations) can be used to send Israeli agents into the Gulf to kill Israel’s enemies.At 3.49pm yesterday (Beirut time, 1.49pm in London), my Lebanese phone rang. It was a source — impeccable, I know him, he spoke with the authority I know he has in Abu Dhabi — to say that “the British passports are real. They are hologram pictures with the biometric stamp. They are not forged or fake. The names were really there. If you can fake a hologram or biometric stamp, what does this mean?”

[snip]

My source is both angry and insistent. “We have sent out details of the 11 named people to Interpol. Interpol has circulated them to 188 countries — but why hasn’t Britain warned foreign nations that these people are using passports in these names?”

Which is sort of what I meant when I referred to “the Brits’ claimed anger.”

WaPo Retracts Report that Anwar al-Awlaki on CIA Kill List

As Steven Aftergood reports, the WaPo has issued a correction to Dana Priest’s article claiming that Anwar al-Awlaki was added to the CIA’s assassination list.

The article referred incorrectly to the presence of U.S. citizens on a CIA list of people the agency seeks to kill or capture. After The Post’s report was published, a source said that a statement the source made about the CIA list was misunderstood. Additional reporting produced no independent confirmation of the original report, and a CIA spokesman said that The Post’s account of the list was incorrect. The military’s Joint Special Operations Command maintains a target list that includes several Americans. In recent weeks, U.S. officials have said that the government is prepared to kill U.S. citizens who are believed to be involved in terrorist activities that threaten Americans.

Mind you, no one is disputing that al-Awlaki is on the JSOC list. Just that he’s on the CIA list.

EU Parliament Rejects Interim SWIFT Deal

The EU Parliament voted today–by big margins–to end the temporary deal allowing the US access to data from SWIFT.

The European Parliament on Thursday broadly rejected an agreement with the United States on sharing information on bank transfers that was aimed at tracking suspected terrorists through their finances.The vote in Strasbourg, France, underlined differences between the United States and the European Union over how to balance guarantees of personal privacy with concerns about national and international security.

A resolution to reject the deal passed 378-196, with 31 abstentions. The vote means that the agreement, which provisionally went into force at the beginning of February, cannot be used as planned.

The agreement would have freed the United States from having to seek bank data on a country-by-country basis. But Washington still could press for access to the data through such avenues.

Remember, this deal would have given European citizens more protections than Americans currently get from their banks (because it would have allowed them to check whether their data had been accessed).

This rejection also comes just as the Administration, following yesterday’s release of language concerning the treatment of Binyam Mohamed, is making a show of complaining about information sharing.

On Wednesday, the White House said, “We’re deeply disappointed with the court’s judgment today, because we shared this information in confidence and with certain expectations.”

Dennis Blair, U.S. director of national intelligence, condemned the release of the information.

“The protection of confidential information is essential to strong, effective security and intelligence cooperation among allies,” he said. “The decision by a United Kingdom court to release classified information provided by the United States is not helpful, and we deeply regret it.”

Obviously, particularly following the Undie Bomber attempt, the Administration is going to do anything it can to continue sharing information, both on detainees and data analysis. But it’s going to have to start playing well with others to do so.