I’m Confused. Are THESE Leaks Permissible, or Not?

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As you read this Reuters story, remember that the House voted to mandate investigations into leaks that undermined Israel’s case for war against Iran and that the biggest new news in David Sanger’s reporting on StuxNet is that Joe Biden and others believed the Israelis set StuxNet free of Natanz. Leaks that inconvenience Israel’s hawks, you see, are bad, even if they serve US interests.

The Reuters story is a response to two reports in Ha’aretz yesterday that a new NIE–or maybe not an NIE but a top intelligence report–says Iran is closer to developing nukes than the US previously believed.

Defense Minister Ehud Barak confirmed on Thursday Haaretz’s report that President Barack Obama recently received a new National Intelligence Estimate report on the Iranian nuclear program, which shares Israel’s view that Iran has made significant progress toward military nuclear capability, and said that the report has raised the urgency of the issue.

Speaking on Israel Radio on Thursday morning, Barak said that there is a U.S. intelligence report “being passed around senior offices,” and that, as far as Israel knows, this report has brought the U.S. position over Iran closer to the Israeli position, and made the issue more urgent.

[snip]

Haaretz reported on Thursday that the National Intelligence Estimate report on Iran was supposed to have been submitted to Obama a few weeks ago, but it was revised to include new and alarming intelligence information about military components of Iran’s nuclear program. Haaretz has learned that the report’s conclusions are quite similar to those drawn by Israel’s intelligence community.

Not a single member of Congress called for a witch hunt into who leaked the NIE–or maybe not an NIE but a top intelligence report–to Israel and/or Ha’aretz.

Apparently, it’s okay to leak intelligence to Israel if it helps build a case (just in time to roll out a new product in September, I’ll note) for war, but not if it hampers Israel’s efforts to gin up a war. Is that the rule?

If so, what about this Reuters story?

In it, we have anonymous sources back in full force, refuting (sort of) those reports. Note the sourcing.

The United States still believes that Iran is not on the verge of having a nuclear weapon and that Tehran has not made a decision to pursue one, U.S. officials said on Thursday.

[snip]

But a White House National Security Council spokesman disputed the Israeli reports, saying the U.S. intelligence assessment of Iran’s nuclear activities had not changed since intelligence officials delivered testimony to Congress on the issue earlier this year.

“We believe that there is time and space to continue to pursue a diplomatic path, backed by growing international pressure on the Iranian government,” the spokesman said. “We continue to assess that Iran is not on the verge of achieving a nuclear weapon.”

[snip]

Another U.S. official said the United States regularly exchanges intelligence reporting with its allies, which would include Israel.

Apparently, Tommy Vietor (or someone sitting next to him) felt obliged to refute the reports, but would not do so on the record, not even to back his two sentence quote in the Reuters report. It’s okay for Ehud Barak, who was fed this intelligence either in normal intelligence sharing or alternately just handed the US the report in question and now is claiming that the report has been incorporated into the NIE (says a US official who seems determined to provide some explanation for this leak), to talk about leaked US intelligence on the record, but it’s not okay for the NSC spokesperson to do so.

It’s a new twist on the A1 cutout Dick Cheney used, I’m fairly certain: launder the leak through leaks to Israel, because no one in Congress or DC generally (except the FBI) gives a damn about leaks to Israel.

Whatever. I’m thoroughly confused. Am I right that the leak to Israel is considered acceptable but now the sources for the Reuters report will be targets of a witch hunt?

How Drone Strikes against American Citizens Are Like Clinton’s Blowjob

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The government has submitted its response in the ACLU/NYT suits for the authorization it used to kill three American citizens. I’m working on a more thorough response, but for the moment, I want to point to one detail that would be funny if it weren’t so damned cynical.

To argue that the flood of sanctioned leaks and official declarations about targeted killing doesn’t constitute official acknowledgment of their targeted killing program, the government says,

Plaintiffs incorrectly contend that the agencies have officially acknowledged three discrete “facts”: (1) “the existence of the targeted killing program”6 (2) “the legal analysis supporting its use against U.S. citizens,” and (3) “the killing of [Anwar] al-Awlaki.” ACLU Opp. at 14.7 To the contrary, the government has acknowledged only that it possesses some responsive records reflecting a general U.S. government interest in the legal basis for the possible use of lethal force against U.S. citizens, and the process by which U.S. citizens could be designated for targeted lethal force.

To which they append this footnote:

Plaintiffs do not define, and it is otherwise unclear from their response, what is meant by “targeted killing program.”

At one level, this cynical ploy is a refreshing breath of honesty. After all, there are probably three or four drone killing programs–the Air Force’s use of drones for force protection in Afghanistan, the CIA’s use of drones to kill both identified and unidentified targets in Pakistan, JSOC’s use of drones to kill what used to be identified but now also include unidentified targets in Yemen and other counterterrorism theaters, and CIA’s use of drones to kill both identified and unidentified targets around the world (but especially in Yemen).

These actions are not the same, and implicitly, the government is admitting what the barrage of sanctioned leaks over the last several months has led the press to forget: targeted strikes are not the same as signature strikes, and JSOC strikes are not the same as CIA strikes. And based on an implicit admission that their last several months of propaganda is a lie, they’re going to play dumb about what the ACLU is FOIAing.

Hey press corps: The government says you should stop treating all the uses of drones as targeted killings!

But of course, the reason why the press has done so is because the Administration has made great efforts to get the press to treat this all as one program–to which they even made a failed attempt to append a unified name, TADS. And when the Administration talks about its targeted killing program, they use that word–“targeted”–with great discipline.

For example, after John Brennan made the following explicit acknowledgement of the targeted killing program,

Yes, in full accordance with the law—and in order to prevent terrorist attacks on the United States and to save American lives—the United States Government conducts targeted strikes against specific al-Qa’ida terrorists, sometimes using remotely piloted aircraft, often referred to publicly as drones.  And I’m here today because President Obama has instructed us to be more open with the American people about these efforts. [my emphasis]

He went on to use that magic word, “targeted,” 20 more times in his speech. And he used it again yesterday, in his speech on Yemen.

Likewise, discussion of Yemeni and American counterterrorism efforts tend to focus almost exclusively on the use of one counterterrorism tool in particular—targeted strikes.

[snip]

Of course, attention has often focused on one counterterrorism tool in particular—targeted strikes, sometimes using remotely piloted aircraft, often referred to publicly as drones. In June, the Obama Administration declassified the fact that in Yemen our joint efforts have resulted in direct action against AQAP operatives and senior leaders. This spring, I addressed the subject of targeted strikes at length and why such strikes are legal, ethical, wise, and highly effective. Today, I’d simply say that all our CT efforts in Yemen are conducted in concert with the Yemeni government. When direct action is taken, every effort is made to avoid civilian casualties. And contrary to conventional wisdom, we see little evidence that these actions are generating widespread anti-American sentiment or recruits for AQAP. In fact, we see the opposite. Our Yemeni partners are more eager to work with us. Yemeni citizens who have been freed from the hellish grip of AQAP are more eager, not less, to work with the Yemeni government. In short, targeted strikes against the most senior and most dangerous AQAP terrorists are not the problem; they’re part of the solution. [my emphasis]

Moreover, he spoke of targeted strikes in Yemen (where all the FOIAed deaths took place) as one tool, singular, obscuring the differences between the different uses of drone killing.

But according to the government, all that doesn’t amount to admission of a targeted killing program–“golly, we keep using that term ‘targeted’ but we can’t even imagine what ‘targeted killing’ means!” Because it’s just too hard for powerful men to figure out the difference between fucking and a blowjob, I guess, if they can even figure out what the meaning of “is” is.

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John Brennan Channels Scott McClellan Dodging Leak Questions

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When Margaret Warner asked John Brennan about the leak witch hunt today, he said, in part,

First of all, there are investigations underway, so we have to be mindful of that and respectful of that investigative process.

Secondly, the President has made it very clear that any leak of classified national security information is something that should be rigorously pursued.

Let’s see. Dodging the question by invoking an ongoing investigation.

Check.

Reassurance that–quote–“the President has made it very clear” that he takes this stuff seriously.

Check.

Brennan must not have seen this movie when it was first released. Because this strategy ultimately didn’t work out that well.

Peter King Rejoins the Leak Witch Hunt

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Yesterday I suggested that it was quite possible that the story that Obama signed a Finding authorizing support for Syrian may have come from Congressional, not Executive Branch, sources.

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

U.S. sources familiar with the matter said.

[snip]

A U.S. government source acknowledged

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

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

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

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

And yet … crickets!

I spoke prematurely. Peter King is on the case with a letter asking Robert Mueller to investigate that leak. He notes both the Finding and the location of the control center (close to our own airbase) are secret.

If my suspicion that this leak came from Congress is correct, it’ll be interesting to see what happens as Congress begins to eat its own.

“Dear John Brennan: You’re Being Investigated”

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

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

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

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

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

[snip]

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

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

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

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

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

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

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

Using Pensions to “Punish” “Leaks” Will Subject Clearance Holders to Arbitrary Power

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The Senate Intelligence Committee’s new anti-leak laws are the part of the Intelligence Authorization that will generate the most attention. Greg Miller already got Dianne Feinstein to admit there’s no reason to think one of the new provisions–permitting only the most senior intelligence officials to do background briefings–will limit leaks.

Feinstein acknowledged that she knew of no evidence tying those leaks or others to background sessions, which generally deal broadly with analysts’ interpretations of developments overseas and avoid discussions of the operations of the CIA or other spy services.

Another of the provisions–requiring intelligence committee heads to ensure that every sanctioned leak be recorded–ought to be named the Judy Miller and Bob Woodward Insta-Leak Recording Act.

(a) RECORD REQUIREMENT.—The head of each element of the intelligence community shall ensure that such element creates and maintains a record of all authorized disclosures of classified information to media personnel, including any person or entity under contract or other binding agreement with the media to provide analysis or commentary, or to any person or entity if the disclosure is made with the intent or knowledge that such information will be made publicly available.

I’m sure someone can think of some downside to this provision, but I can’t think of it at the moment (which is why Obama will probably find some way to eliminate it). It will end some of the asymmetry and abuse of classification as it currently exists.

In addition, there are a bunch of provisions that are just dumb bureaucracy.

But it’s this one that is deeply troubling. Among the other provisions making nondisclosure agreements more rigorous is a provision that would allow an intelligence community head to take away a person’s pension if they “determine” that an individual violated her nondisclosure agreement.

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

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

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

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

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

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

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

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

Cheney’s Thugs Win the Prize for Leak Hypocrisy

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I wasn’t much interested in Mitt Romney’s latest efforts to change the narrative from the evil things he profited off of at Bain Capital and the tax havens he stashed the money he got as a result. Not only don’t I think journalists will be all that interested in Mitt’s claim that Obama’s White House is a leaky sieve. But I’m not about to defend the Most Fucking Transparent™ White House in Fucking History against such accusations.

Until Cheney’s thugs start leading the attack.

Such as Eric Edelman, who says we need “change” because Obama’s Administration leaked details of the Osama bin Laden raid.

Eric Edelman is this guy:

Shortly after publication of the article in The New Republic, LIBBY spoke by telephone with his then Principal Deputy [Edelman] and discussed the article. That official asked LIBBY whether information about Wilson’s trip could be shared with the press to rebut the allegations that the Vice President had sent Wilson. LIBBY responded that there would be complications at the CIA in disclosing that information publicly, and that he could not discuss the matter on a non-secure telephone line

Four days after Edelman made the suggestion to leak information about Joe Wilson’s trip, Scooter Libby first revealed to Judy Miller that Valerie Plame worked at the CIA.

But Edelman is not the only one of Cheney’s thugs bewailing leakers: (h/t Laura Rozen, who follows BabyDick so I don’t have to)

Romney today at VFW on contemptible conduct of Obama White House leaking classified info for political gain. Must read. http://tinyurl.com/bw4s4lt

Now, to be fair to dear BabyDick, unlike Edelman she has not been directly implicated in her father’s deliberate exposure of a US CIA officer working to stop nuclear proliferation. Unlike Edelman, she was not protected from legal jeopardy by Scooter Libby’s lies.

But she did co-author her father’s book, which was a whitewash of his treachery (even if it did reveal that Cheney had a second interview with Pat Fitzgerald, one treated as a grand jury appearance, just around the time Fitzgerald subpoenaed Judy Miller. BabyDick Cheney is complicit in the lies the Cheney thugs have used to hide what a contemptible leak for political gain the Plame leak was.

And now she thinks she should lecture others about far less treacherous leaks?

DOD’s New Anti-Leak Plan: Turn Michael Vickers into a Blogger

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DOD just rolled out its new plan to combat national security leaks. (h/t Jason Leopold) At its core is a “top-down” approach: to have the Under Secretary for Defense of Intelligence, Mike Vickers, to review all major reporting to look for leaks.

To ensure greater accountability and tracking of unauthorized disclosures, Secretary Panetta is directing a new “top down” approach as well.  The Undersecretary of Defense for Intelligence, in consultation with the Assistant Secretary for Public Affairs, will monitor all major, national level media reporting for unauthorized disclosures of defense department classified information.

One one level this seems like a good idea. I mean, I’m a blogger, and I usually have a better idea of who’s leaking than the people overseeing Executive Branch agencies. But hey, I don’t want to shortchange journalists; Walter Pincus performs a nice bit of leak debunkery with this piece, for example.

But there does seem to be one problem with the plan to have Mike Vickers watch for any security breaches. Doesn’t he have a day job? Isn’t he supposed to be watching the Taliban and China and cyberattacks? Have we gotten so paranoid that one of our top intelligence people is going to spend his time watching journalists than watching our military enemies?

On another issue, though, DOD is to be congratulated. Today’s release also revealed that, within the last few months, it has put in place the no-brainer security fixes that it promised in response to the WikiLeaks breach.

Lockdown of removable storage device use on the Defense Secure Network (SIPRNET).  The department has deployed a host-based security system (HBSS) tool to virtually monitor every defense department computer.  HBSS prevents the downloading of information onto removable storage like DVDs, CDs, and memory sticks, with very limited exceptions.  The tool also sends an alarm any time someone tries to write classified information to such removable storage.  For authorized exceptions, the tool audits any downloads of information.

Improved monitoring of DoD networks.  The department issued a cyber identity credential (Public Key Infrastructure certificate) to every person operating on the department unclassified network.  That process is underway for the classified network as well. Department personnel are working with other federal departments and agencies to help them issue the same cyber identity credential to all employees who need to access any of the government’s secret networks.

Improving the auditing of information accesses so as to spot anomalous behavior.  Department information officers are assessing the use of HBSS and other tools to collect and centralize data about information accesses to more quickly improve detection of malicious insiders.

Though of course, DOD promised to impose some controls on removable media in 2008, when someone introduced malware into DOD’s networks via a thumb drive. So after 4 years, DOD should be congratulated for finally closing the Lady Gaga security hole.

Lamar Smith’s Futile Leak Investigation

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

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

[snip]

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

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

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

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

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

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

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

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

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

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

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