How Is Rick Renzi Like a Gitmo Detainee?

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A tiny bit of me (okay, miniscule) wishes that Rick Renzi were sticking around as a Congressman. That’s because, now that the government has tried to use wiretaps of conversations between him and his attorneys in his trial, Renzi might be motivated to champion legislation reaffirming the importance of attorney-client privilege.

Attorneys for Rep. Rick Renzi (R-Ariz.), who has been indicted on 35 federal corruption charges, filed a motion today asking a federal judge to exclude from trial a series of "at least 50" cell phone calls by Renzi that were recorded by FBI agents.

Renzi’s legal teams says that the calls should be privileged under attorney-client privilege, as well as the Speech or Debate Clause, a constitutional privilege that protects lawmakers and aides from legal action for legislative activities. Renzi is not raising a Speech or Debate claim on these intercepted calls yet.

"These privileged calls include conversations between Congressman Renzi and his criminal defense counsel and an attorney representing him in a Federal Election Commission (‘FEC’) proceeding. The privileged calls reflect discussions regarding legal strategy and core work product, including the direction of the investigation, witness interviews, DOJ strategy, Congressman Renzi’s recollection of relevant issues, and legal advice regarding theories of prosecution and applicable defenses," Renzi’s lawyers wrote. They are asking that the audio files and transcripts of the calls should be returned to Renzi’s control and a protective order should be granted to prevent prosecutors or anyone else from reviewing the calls.

It’s a problem that extends beyond corrupt Congressmen. Many of the lawyers defending detainees at Gitmo believe they are being wiretapped.

One lawyer for Guantánamo detainees said he replaced his office telephone in Washington because of sounds that convinced him it had been bugged. Another lawyer who represents detainees said he sometimes had other lawyers call his corporate clients to foil any government eavesdroppers.

In interviews and a court filing Tuesday, lawyers for detainees at Guantánamo said they believed government agents had monitored their conversations. The assertions are the most specific to date by Guantánamo lawyers that officials may be violating legal principles that have generally kept government agents from eavesdropping on lawyers.

“I think they are listening to my telephone calls all the time,” said John A. Chandler, a prominent lawyer in Atlanta and Army veteran who represents six Guantánamo detainees.

[snip]

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Foggo’s New Charges

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Note: see the update below for issues relating to the accuracy of this post as originally posted. I’ve retained what seems to be supported by other data: mostly that the CIA is trying to spin Foggo’s additional charges as proof of the Agency’s own ability to investigate itself, spin that the timing involved seems to belie.

A number of you have pointed out that Dusty Foggo got some charges slapped onto his existing indictment.

A federal grand jury has accused a former top CIA official of pulling strings to get a high-level CIA job for his mistress, as part of a new indictment against the official in an existing corruption case.

The new indictment against Kyle "Dusty" Foggo, a former No. 3 official at the spy agency and a onetime senior CIA ethics officer, alleges that he pressured CIA managers into hiring the woman after she was turned down for a position in the CIA’s general counsel office. He also allegedly made false statements about her qualifications, the indictment states.

Foggo, the CIA’s executive director from 2004 to 2006, specifically told agency officials he had a "special interest" in seeing the woman hired, and he later berated them when they initially rejected her application. "When the ExDir has a special interest, you had better take notice," Foggo told the general counsel’s staff, according to an indictment filed late Tuesday by the U.S. attorney’s office in Alexandria.

[Update: RJ Hillhouse has deleted the post that I linked to substantively here and–at her request, I’m removing the citation of her blogpost. Her note on why she deleted her blogpost is here. The substance of the text–which Hillhouse does not stand by any longer–included some history on earlier events potentially related to these new charges.]

What’s so hilarious about this is that–in Joby Warrick’s article–the CIA is spinning that Foggo’s additional indictments prove how good CIA is at policing itself.

The initial filing of criminal charges against Foggo in 2006 prompted questions about internal security at the CIA, which is supposed to have an elaborate system of checks to limit the risk of malfeasance by agency insiders. But agency officials insisted yesterday that the system works and said that the CIA has played a key role in investigating Foggo.

"It demonstrates a willingness by the CIA to investigate itself," said an official who declined to be identified by name because the charges have not been tried in court.

[text deleted, see above]

But that was, presumably, over two years ago, back before Foggo had to resign from the CIA and back before–over a year ago–Foggo was indicted for bribery.

And it has taken up until now–[text deleted]–to get added to Foggo’s indictment? Read more →

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FISA Update (And Why Is John Boehner Crying Again?)

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The week starts off with Main Core, Glen Fine’s much anticipated IG Report has been released, today is another state election (Kentucky) in the most hotly, and closely, contested primary that many of us can remember, and, now, the tragic and deflating news that Senator Ted Kennedy has a malignant brain tumor. Oh yeah, and an extended holiday weekend and Congressional recess is at hand in a couple of days. This type of situation can mean only one thing – FISA is bubbling back to the surface. Heck, the only thing missing from this equation is a terror alert; but then again, the week is still young.

First off, where we stand. The news is not all bad, but it sure isn’t all good either. From the National Journal (subscription required-sorry):

House Majority Leader Hoyer had previously said he wanted to reach a compromise on FISA by the Memorial Day recess. GOP and Democratic aides cited several reasons why that has not happened. Late last week, Hoyer sent Senate Republicans a list of provisions that House Democrats want included in a final bill, aides said. Hoyer’s proposal took Senate Republicans by surprise. A Republican aide called the proposal "a step backward."

Before Hoyer’s proposal, Senate Republicans believed that only two main issues needed to be resolved, and that they were close to reaching an agreement on them with House Democrats. One issue dealt with having the secret FISA court determine if the telecom firms should be granted retroactive immunity from lawsuits for their role in the administration’s warrantless electronic surveillance activities since the Sept. 11, 2001, terrorist attacks. The second issue centered on allowing the FISA court to review the administration’s procedures and certifications for surveillance operations. "We’re basically there on those two," an aide said.

But Hoyer’s proposal included other provisions, some of which had already been defeated during votes in the Senate, aides said. One provision, for example, would allow the FISA court to assess if the government is complying with so-called minimization procedures, which limit the amount of information collected and stored on Americans incidental to the surveillance target. Another provision contains language making FISA the exclusive means under which the government can conduct electronic surveillance.

The good news is that it appears that there is little chance that Read more →

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And Since We’ve Been Talking about Contracting, Secrecy, and Spying…

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…In our discussion of Tim Shorrock’s Spies for Hire, it seems appropriate to post on the Senate Armed Services Committee’s report on the Cyber-Security Initiative.

As you’ll recall, the Bush Administration has been struggling for their entire term to address the fact that our cyber-infrastructure is woefully exposed to cyber-attacks. After a series of cyber-czars who either wouldn’t or couldn’t address this problem, back in January the Administration began to make some progress–not least, by taking the project out of Michael Chertoff’s hands. The SASC’s report notes that the Administration has made some progress, though it has three substantive complaints.

The committee applauds the administration for developing a serious, major initiative to begin to close the vulnerabilities in the government’s information networks and the nation’s critical infrastructure. The committee believes that the administration’s actions provide a foundation on which the next president can build.

However, the committee has multiple, significant issues with the administration’s specific proposals and with the overall approach to gaining congressional support for the initiative.

First, the SASC objects to the way the Administration has shielded what is supposed to be at least partly a deterrent program in so much secrecy that the program has lost its deterrence ability.

A chief concern is that virtually everything about the initiative is highly classified, and most of the information that is not classified is categorized as `For Official Use Only.’ These restrictions preclude public education, awareness, and debate about the policy and legal issues, real or imagined, that the initiative poses in the areas of privacy and civil liberties. Without such debate and awareness in such important and sensitive areas, it is likely that the initiative will make slow or modest progress. The committee strongly urges the administration to reconsider the necessity and wisdom of the blanket, indiscriminate classification levels established for the initiative.

The administration itself is starting a serious effort as part of the initiative to develop an information warfare deterrence strategy and declaratory doctrine, much as the superpowers did during the Cold War for nuclear conflict. It is difficult to conceive how the United States could promulgate a meaningful deterrence doctrine if every aspect of our capabilities and operational concepts is classified. In the era of superpower nuclear competition, while neither side disclosed weapons designs, everyone understood the effects of nuclear weapons, how they would be delivered, and the circumstances under which they would be used. Read more →

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Preview: Book Salon on Spies for Hire

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shorrock.jpgI wanted to give you all a heads up to a mid-week book salon I’ll be hosting today at 3PM ET over at the mother ship: Tim Shorrock’s Spies for Hire: The Secret World of Intelligence Outsourcing. I pushed to include Shorrock on the schedule because (as you’ll see in my post at 3) his book offers some key insights on FISA–and we seem to be gearing up for another FISA fight.

But there’s more than FISA that might interest you about the book (and about chatting with Shorrock). He gives the corporate back-story to:

  • Rick Renzi’s corruption
  • The domestic spying Counterintelligence Field Activity (CIFA)
  • CACI, the company whose contractors directed the torture at Abu Ghraib
  • Total Information Awareness
  • The domestic satellite surveillance Chertoff wants to use with DHS

Shorrock wraps that background story in a discussion both of the ideology behind the privatization of our intelligence function:

…as we’ve seen, money and profits are not the sole motivators for the corporations and executives who populate the Intelligence Industrial Complex. Because so many top executives are former intelligence officers themselves, many of their companies are motivated by politics as well. For CACI’s CEO, Jack London, that translates into a desire to "disseminate vital intelligence" for the fight against "Islamofascists." For ManTech CEO George Pederson, it’s a yearning for his company to be "on the battlefield," whether in Iraq, South Korea, or the Philippines. For the senior vice presidents of the big prime contractors, Booz Allen Hamilton and Science Applications International Corporation, it involves power, either as a way to influence future policy or make changes in the way the Intelligence Community is organized.

And a discussion of the subservience of public to private interest in such an Intelligence-Industrial Complex.

In the past, [former NSA Director Kenneth] Minihan said, contractors "used to support military operations; now we participate [in them]. We’re inextricably tied to the success of their operations." This new situation, he argued, presents corporations with "interesting opportunities" to create technologies that governments can take advantage of, "with all the complexities that exist in merging the interests of the private and public sector in the intelligence apparatus."

Merging the interests of the private and public sector. That astonishing phrase, which is now the mantra of the intelligence contracting industry, suggests the creation of a new mode of capitalism that specifically serves theneeds of government and its "intelligence apparatus." Read more →

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FISA: The Coming Battle

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As I am minding the store while mom is away tilting kilts, I was party to a group discussion among several notable powers that be in the blogosphere early this afternoon, and the various blogs, all of which you are intimately familiar with, will be rolling out over the next few days somewhat of a battle plan on FISA/immunity. Nothing particularly new or shocking really, just a reminder to folks of the stakes involved and where the pressure points are that we need to address.

I wish I could say that there is some new brilliant, sexy and effective tact that we have lit upon to wipe this all away; but that, alas, is not the case. It will be back to the grindstone of calling, faxing and otherwise communicating with the key representatives etc. One thing I think will be critical is to offer plenty of carrots, with gentle reminders of the sticks. As you will recall, we got a surprisingly good response, and result, from the House Democrats in the last go round. We want to build, grow and reinforce that effort and result. The gathering proximity of the election is a double edged sword however. It is a chance for us to remind them of how favorably we view the last effort, but it is clearly also another opportunity for the Bushies to roll out the fear/security card and threaten the weak, and weakly situated, elements (read mostly Blue Dogs) of the Democratic coalition. It is going to be critical for those of us that actually live in districts represented by one of these souls to work them hard.

I have some things that will divide most of my attention for a few hours; although I will check in periodically as I can. In the meantime, use this space to discuss anything you feel important, but please start putting all the collective talent together to suggest ways and means for fighting the next stage of the FISA battle. My post from yesterday morning pretty much gives the lay of the land as it is understood at this moment; there are no real new baseline facts since then. Thanks.

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Jello Jay And Hoyer Slither Back Into The FISA Limelight

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Crikey, this is getting old. You may have seen by now that rumors of a new push on passage of FISA, and, of course, full retroactive immunity, are bubbling to the surface in the last 24 hours. Here is Jane. Here is Digby. Here is McJoan. From Jane at FDL:

According to the ACLU, there is rumor of a backroom deal being brokered by Jay Rockefeller on FISA that will include retroactive immunity. I’ve heard from several sources that Steny Hoyer is doing the dirty work on the House side, and some say it will be attached to the new supplemental.

A few more facts and circumstances are available now than were in the earlier stories. For one, we apparently see the "urgency lever" being pressed this time around (there always seems to be one in these plays, it’s a feature). From Alexander Bolton at The Hill:

The topic has reached a critical point because surveillance orders granted by the director of national intelligence and the attorney general under the authority of the Protect America Act begin to expire in August.

If Congress does not approve an overhaul of the Foreign Intelligence Surveillance Act (FISA) by Memorial Day, intelligence community officials will have to prepare dozens of individual surveillance warrants, a cumbersome alternative to the broader wiretapping authority granted by the Protect America Act, say congressional officials familiar with the issue.

Maybe, but if so, then the situation is intentionally so from a designated plan by the Administration to have some of their programs start running out while they are still in office and can use the "urgency" to fuel their desperate push for immunity. The reason, if you will recall, is the little provision placed in the Protect America Act (PAA) allowing any surveillance order (i.e entire general program, not just individual warrants) existing at the sunset of the PAA, which occurred on February 17, 2008, to continue until expiration, which means that there was NO necessity that any program that the government wished to pursue expire anytime during the current Administration. I have reminded folks of this repeatedly, but here is a wonderful synopsis from Cindy Cohn of EFF:

The PAA provides that any currently ongoing surveillance continues until the "date of expiration of such order," even if PAA expires. "Orders" are what the PAA calls the demand for surveillance by the Attorney General or Director of National Intelligence (there’s no court involved). These surveillance orders can be Read more →

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Syriana

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Aurora Borealis (ionization of the upper atmosphere)(While I have been trying to find a resolution to MI’s DNC delegation in the last few days, the Admin put on their nukes in Syria dog and pony show. Partly because I didn’t have the time to do the Syria presentation justice, and partly because Professor Foland–whom you know from his great comments–has a lot more expertise on this area than I, I asked him to do a post assessing the presentation. Thanks for the really informative post, Prof! -ew)

If there’s one thing I’ve learned over the course of this Administration, it’s that if Dana Perino one day announces that the sky is blue, I will be forced to assume that an alien invasion has commenced with the total ionization of Earth’s upper atmosphere.

With that in mind, there’s an awful lot of cognitive dissonance for me in analyzing the evidence on the raid (apparently named "Operation Orchard" by the Israelis) on a Syrian desert site (apparently named "Al-Kibar"). Having started my own blog motivated by "the incredible amount of lies & hyperbole on the Iran situation of early 2006", I don’t find it easy to accept anything this Administration puts forth as evidence. I’m having all this difficulty because the pictures they showed last Thursday are clearly pictures of a nuclear reactor.

In what follows, I will lay out the history of what we’ve known about Operation Orchard and al-Kibar, what the latest photographs show, and what questions we should probably be asking.

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CIA And Bushco Have A Rather Large Criminal Obstruction Problem: The Torture Tapes Come Home To Roost

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By now, the story of the CIA’s destruction of the "torture tapes" is well known. Although the problems with the CIA, and every other portion of the Bush Administration, maintaining custody and control of evidentiary video and audio tapes is literally almost a running bad joke, the capstone revelation came with a December 6, 2007 New York Times article by Mark Mazzetti. Mazzetti’s article detailed the willful destruction by the CIA of videotapes directly exhibiting the use by US Agents of "extreme interrogation techniques" on detainees Abu Zubaydah and Abd al-Rahim al-Nashiri.

To refresh your recollection of the entire sequence of events on the Torture Tapes, here is a remarkably complete timeline. For the instant consideration, the critical event is the evidence supplied to date by the Bush Administration, and most significantly the CIA, on their rationale for the destruction of the Zubaydah and al-Nashiri tapes. The initial statement of the position and defense of the CIA is contained in CIA Director Michael Hayden’s message to the body of his agency, which indicates:

…CIA videotaped interrogations, and destroyed the tapes in 2005. I understand that the Agency did so only after it was determined they were no longer of intelligence value and not relevant to any internal, legislative, or judicial inquiries–including the trial of Zacarias Moussaoui.

The official position has been further refined by testimony of CIA Acting General Counsel John Rizzo and the pseudo-proffer of Jose Rodriquez via his attorney Bob Bennett. We also know that, at a minimum, four White House lawyers were involved in discussion of the proposed destruction of the tapes. The most recent evidence of the government’s position is contained in sworn statements by CIA officials made in mid-April in the Rashid Abdullah case, again positing nothing but good faith and lack of knowledge of any compelling reason to preserve the tapes.

However, yesterday, an insufficiently noticed page A-16 story by Dan Eggen in the Washington Post, appears to put the lie to the defenses the Administration has posited to date and raise serious issues in relation to intentional, malicious destruction of evidence and obstruction of justice. The Post article relates information gleaned from recent CIA/Administration filings in a Freedom of Information Act lawsuit filed last June. From the Post:

The CIA concluded that criminal, administrative or civil investigations stemming from harsh interrogation tactics were "virtually inevitable," leading the agency to seek legal support from the Justice Department, according to a CIA official’s statement in court documents filed yesterday.

The CIA said it had identified more than 7,000 pages of classified Read more →

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A Peek into the Torture Tape Investigation

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As the NYT and AP have reported, the CIA says none of its records were responsive to the Court order in the Hani Abdullah case.

A records search by the Central Intelligence Agency has found no evidence that the agency violated a judge’s order when, in 2005, it destroyed videotapes that showed harsh interrogations, the C.I.A. said in a court declaration this week.

Since the CIA is still reviewing its records, though, that declaration may or may not be conclusive.

But the CIA’s declaration is far more interesting for what it says about John Durham’s Torture Tape investigation than what it says about Hani Abdullah’s civil suit against George Bush. Comparing the two declarations submitted in response to Abdullah’s suit with an earlier declaration the CIA submitted in response to the ACLU’s FOIA suggests that John Durham may have reason to suspect that some records pertaining to the torture tapes were destroyed in the Office of Inspector General.

First of all, consider who wrote the two declarations submitted Wednesday by the CIA. First, there’s Robert Dietz, who conducted a general search of the CIA’s operational files. Here’s how Dietz describes his expertise in this matter:

I am the senior councilor to the Director of the Central Intelligence Agency. I joined the CIA in Autumn of 2006. Although I am a lawyer by training, I am not serving in a legal capacity and I am not part of the Office of General Counsel. In my position, I report to the Director of the CIA and receive assignments from him. For example, I have chaired an Agency Accountability Board, and I have recently concluded a management review of the Office of the Inspector General. In December 2007, in connection with the public disclosure that the CIA had destroyed certain videotapes, the Director asked me to chair the so-called Tapes Coordination Group ("TCG"). This Group’s assignment is to respond to requests for information from Acting United States Attorney John Durham, specially appointed prosecutor investigating the destruction of the tapes, and similar requests by the House Permanent Select Committee on Intelligence and Senate Select Committee on Intelligence.

Dietz is not a lifetime CIA employee. Rather, he appears to have come in when Michael Hayden took over as Director. That means he had nothing to do with the destruction of the torture tapes. But it also likely means he’s a Hayden loyalist, there to protect Hayden.

Most interesting, Dietz reveals he was in charge of the "management review of the Office of the Inspector General." I find that interesting, not least, because the spat between OIG and Hayden (or rather, and the rest of the CIA) relates to OIG’s report finding CIA’s interrogation methods constituted cruel and inhuman treatment.

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