Back in the day we were watching cut submarine telecom cables pretty closely. Here’s a map of the global Toobz network. (h/t Global Guerrillas)

A Muslim Republican, Nezar Hamze, was denied a spot on Broward County Republican Party’s Executive Committee not because he is Muslim, the party claimed, but because he has ties to CAIR. The DOJ owns significant responsibility for this, as they have not rescinded a document in the Holy Land Foundation trial naming CAIR as an unindicted conspirator.

Hershey has gotten increasingly dickish in response to the foreign workers who they’ve been exploiting all summer. The latest? They’re pushing these kids out of housing and harassing their parents. (h/t Susie)

Among other things, Facebook includes a record of every event you’ve been invited to, and whether you’ve accepted, declined, or ignored that invitation. This must be why FB, on a seemingly daily basis at this point, spams me to tell me I’ve got notices I’m ignoring.

The Obama Administration has delayed implementation–from November to January–of the new fuel efficiency standards that it was bragging about back in July. I’m sure implementing them during an election year won’t be a problem.

Anthony (Tony Baloney) Bologna actually pepper-sprayed at least one other group of protestors over the weekend. Check out Bologna’s face as he engages in this kind of senseless brutality.

As hard as you New Yorkers think it is to find a parking space, take solace in knowing that it is far harder to find spaces in cities in China and India. This, btw, is one of the fundamental flaws to plans car companies have to keep expanding wildly in China. There’s simply not space to park all those cars.

I was going to write a post on how the Administration should be focusing is energy on Chinese currency manipulation rather than its jobs bill (or better yet, both). But DDay laid out what’s going on, with Harry Reid postponing Obama’s jobs bill for now to work on the currency bill. So go read his post.

I’ve written recently about Obama’s refusal to appoint anyone to the Privacy and Civil Liberties Oversight Board, which is supposed to ensure the government protects privacy while laying out a dragnet to catch terrorists, most recently when Thomas Kean and Lee Hamilton issued their 10-year report card on the 9/11 Commission’s recommendations. And I wrote about Bush’s efforts to bypass the intelligence oversight that is supposed to be exercised by the Intelligence Oversight Board by simply eliminating the part of the Presidential Foreign Intelligence Advisory Board that did that oversight, the IOB.

But it seems Obama has ensured–as he has with PCLOB–that IOB can’t do its job. Or at least that’s the appearance from the government’s stone-walling on information about the board.

The Electronic Frontier Foundation has been trying to see whether Obama has fulfilled his promise to restore the IOB to functionality by FOIAing who is on it and what they’ve been doing (and whether they’ve been ignoring the National Security Letters the Army has been sending out).Thus far, the government has denied their FOIA.

The IOB is supposed to alert the president and attorney general when it spots behavior that is unlawful or contrary to executive order. However, in his nearly three years in office, President Obama has not yet announced any appointments to the IOB. EFF’s suit comes after the ODNI refused to respond to a Freedom of Information Act (FOIA) request for membership, vacancies, and other information about the IOB made earlier this year.

“The IOB has a critically important mission – civilian oversight of America’s intelligence activities. The board exists to make sure government agencies are not overstepping their authority and abusing citizens’ rights,” said EFF Open Government Legal Fellow Mark Rumold. “History has shown that intelligence agencies overseeing their own behavior is like the fox guarding the henhouse. If the IOB is ineffective, impaired, or short-staffed, that’s information Americans need to know.”

So now they’re suing to get that information.

But there’s something else weird about Obama’s stone-walling here. Here’s the list of people Obama has appointed to the President’s Intelligence Advisory Board, the board that oversees the IOB.

• Chuck Hagel (10/28/2009)
• David Boren (10/28/2009)
• Roel Campos (12/23/2009)
• Lee Hamilton (12/23/2009)
• Rita Hauser (12/23/2009)
• Paul Kaminski (12/23/2009)
• Ellen Laipson (12/23/2009)
• Les Lyles (12/23/2009)
• Jami Miscik (12/23/2009)
• Richard Danzig (12/1/2010)
• Daniel Meltzer (12/1/2010)
• Thomas Wheeler (4/17/2011)
• Mona Sutphen (9/6/2011)
• Phillip Zelikow (9/6/2011)

You know, Lee Hamilton, the 9/11 Commission Chair who just weeks ago was nagging the Administration that, “there should be a board within the executive branch to oversee adherence to the [privacy] guidelines we recommend and the commitment the government makes to defend our civil liberties.” And Phillip Zelikow, who wasn’t involved in the anniversary nagging, but who was involved in the original recommendation? (FWIW, Chuck Hagel voted for PCLOB as part of the larger counterterrorism reform package of which it was a part.)

These men obviously think (or at least used to think) our intelligence community needs some oversight. I realize PCLOB isn’t the same thing as IOB (as originally conceived and even as statutorily defined PCLOB was supposed to be stronger in some ways than IOB, though it was targeted at privacy, not intelligence violations). So why not push for oversight designated to be a part of the board on which they serve?

Seven years ago, Hamilton and Zelikow signed off on the this language:

[W]hile protecting our homeland, Americans should be mindful of threats to vital personal and civil liberties. This balancing is no easy task, but we must constantly strive to keep it right.

This shift of power and authority to the government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life.

Right now, even as Hamilton and Zelikow serve as Obama’s handpicked independent intelligence advisors, the checks and balances on our intelligence system are actually worse than when they signed off on those words. They may not be able to do anything about EFF’s FOIA to learn what has become of the IOB. But it’d be nice if they used their advisory position to implement checks and balances more generally on the intelligence community.

Yesterday, we had an interesting discussion about whether efforts by Gitmo Chief Prosecutor Mark Martins to expand viewing of Gitmo military commissions was about cover-up or transparency. I suggested that it might be something in-between–an effort to bypass members of the existing Gitmo press corps, who know a lot more about Gitmo and detainee histories than those of us following along at home and therefore can provide context the government finds inconvenient. But at the same time, bypassing the Gitmo press corps will limit the government’s ability to gag reporters as they did when Rosenberg and others reported on Joshua Claus. And expanding access did have other real benefits, like letting victims follow the trials without onerous travel to Gitmo.

That is, I suggested it was largely a different strategy for controlling information.

So I was rather interested to see this passage in Carol Rosenberg’s report on a shiny new–but substantively incomplete–website Gitmo had set up.

The new website appeared on Wednesday morning without an announcement from the Secretary of Defense’s Public Affairs office, which has handled military commissions releases for the past six years. Instead, a former Bush era Defense Department deputy responsible for detention issues broke the news on a Heritage Foundation blog. Cully Stimson, himself a Navy reserve judge, said the new site heralded a new ear of transparency in the at-times secretive court proceedings.

It was the second revelation from the Obama Defense Department to be revealed in conservative circles. Sunday, The Weekly Standard magazine included a profile of the new Obama era War Crimes Prosecutor, Army Brig. Gen Mark Martins, pledging to beam closed-circuit broadcasts of remote Guantánamo proceedings to both victims and media viewing centers on U.S. soil.

Not only won’t the Public Affairs office tell Rosenberg any useful news about the upcoming Abd al Rahim al-Nashiri trial (nor had they posted documents his lawyers recently filed; though she did just tweet that al-Nashiri’s trial is on), but what news they were released was going through decidedly conservative channels: the Weekly Standard and the Heritage Foundation.

And surprise surprise, those conservative channels deem this shiny new technology that doesn’t give us a full picture “transparency.”

Is DOD suggesting that to conservatives, a website looks like information whether or not there’s anything in that information?

Whether or not this is the plan, to bypass the people who actually know something about this place and these people by wowing people who will be impressed by empty bells and whistles, it is telling that Gitmo is going to conservative sites. If your idea of “transparency” is only to show the kind of information that conservatives will like, then it’s pretty clear you’re hiding something.

There are new developments this morning in the latest war of words between the US and Pakistan.  Pakistan’s Express Tribune reports that an official familiar with what transpired claims that the head of Pakistan’s ISI informed CIA chief David Petraeus last week that should the US take unilateral military action against the Haqqani network in Pakistan, then Pakistan “will be forced to retaliate”.  At the same time, anonymous sources are telling the Washington Post that Joint Chiefs Chair Michael Mullen’s remarks last week to the Senate Armed Services Committee were “overstated”.  That is especially significant since the Express Tribune article notes that Mullen’s remarks played a role in the ISI getting to the point of issuing its warning to the CIA.

From the Express Tribune:

The effort to ensure that diplomacy and calmer heads prevail at a time of fragile relations between Pakistan and the United States is on. However, the effort notwithstanding, Islamabad has made it clear to Washington that, if it comes down to it, Pakistan will be forced to retaliate if American forces attempt to launch a unilateral strike on the country’s tribal belt.

The message was personally delivered by Inter-Services Intelligence agency (ISI) Chief Lt General Ahmed Shuja Pasha to Central Intelligence Agency (CIA) chief General David Petraeus during his recent trip to Washington, said an official familiar with the development.

The official, who spoke on condition of anonymity, told The Express Tribune that Pasha had informed his counterpart that the Pakistani people will not tolerate any US misadventure and in that case the government will be left with no other option but to retaliate.

Senior ISI members, the official said, had felt ‘betrayed’ by the blunt assessment of the US Chairman Joint Chiefs of Staff Admiral Mike Mullen that the spy agency had links with the Afghan Taliban-allied Haqqani network. In a stinging remark, Mullen accused ISI of supporting one of the most feared Afghan insurgent groups to target US forces stationed in Afghanistan.

The article goes on to point out that numerous high level meetings between US and Pakistani officials continue.

Meanwhile, back in the US:

Adm. Mike Mullen’s assertion last week that an anti-American insurgent group in Afghanistan is a “veritable arm” of Pakistan’s spy service was overstated and contributed to overheated reactions in Pakistan and misperceptions in Washington, according to American officials involved in U.S. policy in the region.

The internal criticism by the officials, who spoke on the condition of anonymity because they did not want to challenge Mullen openly, reflects concern over the accuracy of Mullen’s characterizations at a time when Obama administration officials have been frustrated in their efforts to persuade Pakistan to break its ties to Afghan insurgent groups.

It turns out that the primary evidence linking the US Embassy attack and the Haqqani network is not as clear-cut as some in Washington were claiming. Although Mullen claims to have been unaware of the cell phone evidence when he made his remarks, cell phones found on some of the attackers are widely cited as evidence of close Haqqani network-ISI coordination in the attack:

One official said the phones were used to make repeated calls to numbers associated with the Haqqani network, as well as presumed “ISI operatives.” But the official declined to explain the basis for that conclusion.

The senior Pentagon official treated the assertion with skepticism, saying the term “operatives” covers a wide range of supposed associates of the ISI. “Does it mean the same Haqqani numbers [also found in the phones], or is it actually uniformed officers” of Pakistan’s spy service?

There will undoubtedly be several more twists and turns to this story over the next few weeks, but for now it appears that the US is making a small effort to walk back its most incendiary comments while Pakistan is digging in more firmly on its position.

Timothy Healy, the Director of the FBI’s Terrorist Screening Center, has a telling comment at the end of Charlie Savage’s story on documents revealing new details about the terrorist watch list.

But Mr. Healy said the government could not reveal who was on the list, or why, because that would risk revealing intelligence sources. He also defended the idea of the watch list, saying the government would be blamed if, after a terrorist attack, it turned out the perpetrator had attracted the suspicions of one agency but it had not warned other agencies to scrutinize the person.

Mr. Healy also suggested that fears of the watch list were exaggerated, in part because there are many other reasons that people are subjected to extra screening at airports. He said more than 200,000 people have complained to the Department of Homeland Security about their belief that they were wrongly on the list, but fewer than 1 percent of them were actually on it.

It’s a neat boast–that just 1 percent of the people who have reason to believe the government has them in a big database turn out to be in the database (the terrorist watch list, formally the Terrorist Screening Database or TSDB) at issue.

But given that the documents reveal an interlocking set of multiple databases, that ought to be little comfort. The Known and Suspected Terrorist list was, somewhat disturbingly, actually the Violent Gang and Terrorist Organization File until August 2009 (see PDF 17), suggesting that the Bush Administration kept all scary brown people together in one database, but also making clear that there is now a Gang File that is very similar to the KST file. The TSDB is separate from the No Fly and Selectee lists; hypothetically the latter two lists are a subset of the former (people from the TSDB have to be submitted and approved to be put on the TSA lists), but it is not absolutely clear that is the case for the less stringent Selectee list (PDF 100 makes it clear the No Fly list is). There are the Consular Lookout and Support System and the Interagency Border Inspection System; while inclusion in the TSDB should automatically include someone in these databases, it is not clear that these databases only include those in the TSDB (PDF 55 and 59 suggest they were in 2004, though it’s not clear that that is still the case). The Terrorist Screening Center also provides access to other databases–the Automated Case Support System, the Foreign Terrorist Tracking Task Force database, and TSA’s Office of Transportation Threat Assessment database (PDF 26), all of which are distinct from the KST, and PDF 59 seems to make clear that the latter TSA list is not included in the TSDB. PDF 89 makes it clear there are other Department of Homeland Security and DOJ terrorist watch lists that are not the same as the TSDB. There is a Customs and Border Patrol database that includes additional information (see PDF 95) that will not be included in the TSDB.

In short, when Healy says there are many other reasons why people are subject to screening at airports, he is not saying that people aren’t in a database somewhere, only that they are not in his database.

Then there’s the possibility of a false positive–of someone being stopped because he had the same name as someone in the TSDB. The documents describe how to put someone in the database with just a name and approximate age, and there at least used to be a Handling Code dedicated to people with limited biographical data (see PDF 45). And Healy himself admitted (PDF 101) that 60-70% of the people reported to the Terrorist Screening Center, some via stops and some via other bureaucratic means, are not positive matches to the list, which says some people are being stopped for no reason. Further, PDF 103 makes it clear that almost half the people who complain about being on the watchlists (that less than 1 percent Healy referred to) were either a false positive or were not appropriately on the watchlist.

So sure. The TSDB isn’t necessarily the reason everyone is being stopped. But that doesn’t mean the country’s vast array of databases and watchlists are working properly.

As Gretchen Morgenson tells it, the headline story from an FHFA Inspector General report on a $1.35B deal Freddie Mac made last year with Bank of America is that the analysis behind the deal was flawed.

Freddie Mac used a flawed analysis when it accepted $1.35 billion from Bank of America to settle claims that the bank misled it about loans purchased during the mortgage boom, according to an oversight report scheduled for release on Tuesday.

The faulty methodology significantly increased the probable losses in Freddie Mac’s portfolio of loans, according to the report, prepared by the inspector general of the Federal Housing Finance Agency, which oversees the company.

It’s not until the 11th paragraph that Morgenson reveals the underlying issue: Freddie Mac  refused to examine whether certain later-defaulting mortgages with unpaid principal amounting to $50 billion–ones originated during the peak of the housing boom–were defaulting because of bank representation and warranties defects before it settled with Bank of America. While it’s unclear how many of the 300,000 loans in this category were Countrywide loans covered in the settlement, of the Countrywide loans Freddie did review, they made buy back requests on 24% of them. So this might represent several billion in problem loans they didn’t make BoA buy back.

Back in March 2010, a senior examiner noted that a bunch of mortgages originated during the 2005-2007 period, when Option ARM and Interest Only mortgages were popular, were defaulting later than traditional mortgages–3-5 years after origination rather than during the first 3 years. He posited that the later default date might be because teaser rates were only beginning to end at that point, meaning that mortgages that had affordable for the first 3 years would become unaffordable after reset, leading to default.

[I]t would be reasonable to assume that many of the borrowers, faced with significantly increasing payments in the near term and very little equity in their home, made the decision to default before their [payments reset to higher levels]. It would also be reasonable to assume that the stated income and stated asset underwriting requirement played a role, but neither assumption can be tested without a review of the loans.

He raised this possibility with his supervisors and later, with Freddie’s senior managers, suggesting they review these later loans to test his theory (they attributed the atypical default pattern to falling house prices). Doing so was important, the senior examiner argued, because at that point Freddie only reviewed loans that had defaulted by the 2-year mark for reps and warranties defects.

In effect, Freddie might be exempting a whole class of the most exotic mortgages from reps and warranties review because they didn’t default until after Freddie’s review process stopped tracking them.

As an FHFA memo made clear, Freddie wasn’t reviewing for defects 93% of the loans originated in 2005-6 that had defaulted in the first half of 2010 (the graphic above shows the portion of loans that weren’t examined).

In response to the senior examiner’s concerns, in June 2010, a Freddie senior manager (someone who would report to Freddie’s CEO) agreed to do a review of these loans. But then, weeks later, a different senior Freddie manager stated he was “vehemently against looking at more loans.” That senior manager offered no justification, though others thought such an examination would make little difference and that doing the investigation might lose Freddie BoA’s business.

The senior examiner kept raising this issue–to at least 12 different FHFA people, including Acting Director Edward DeMarco. And when Freddie’s internal auditors reviewed the proposed settlement with BoA–which effectively settled all outstanding reps and warranties issues pertaining to Countrywide–they raised this sampling issue, too, and recommended Freddie do a sampling to see what might be included in these other loans. Because they were rushing to close the BoA deal, Freddie looked at a non-representative sample of mortgages (these came from all originators, not just Countrywide, which had a much higher defect rate than other banks) and declared everything kosher.

So to review: a senior examiner found $50B worth of defaulted mortgages that Freddie had not examined for reps and warranties and raised a plausible reason they might want to do so. Freddie agreed, then refused, to do so. Then, as Freddie was rushing through this BoA deal last December, Freddie’s auditors suggested they might want to check their math on these loans, so Freddie checked their math on a completely different set of mortgages. In spite of having a 6-month warning that up to $50B worth of loans might be a problem, Freddie signed away any BoA liability for good for the piddling price of $1.35B.

Of course, Tom Miller–with his $7.8B servicing deal with BoA–and Bank of New York Mellon–with their $8.5B investors deal with BoA–are trying to do this again. They’re rushing through settlements without taking the time to actually investigate the loan level data to see what the settlement should actually be. As the FHFA IG noted in its report,

Regardless of the cause of these defaults, the search for representations and warranties defects is the point of the loan review process; and if the search does not begin, then the defects will not be found.

Like Tom Miller and BNYM, Freddie was “vehemently opposed” to actually examine what they were settling with BoA on. And while we don’t know the cost, we might start calculating that amount in the billions.

And in the case of the possible bailout Freddie gave BoA because it refused to look at the loans, US taxpayers paid the bill.

Update: I originally conflated the amount of total loans that Freddie hasn’t been reviewing–$50B–with the amount of Countrywide loans in question. For other banks, Freddie should be able to do the analysis and make buyback requests for these exotic loans.

Someone down at Occupy Wall Street noted that a bunch of food trucks are gathering around the protest. Four of them would be able to take orders for the protesters. So if you want to feed those trying to hold the banksters accountable, call one of these food trucks.

Lemongrass Grill – Thai – 212.809.8038

Alfanoose – Middle Eastern – 212.528.4669

Toloache Taqueria – 212.809.9800

Liberatos Pizza – 212.344.3464

That would be me, sucking tritium, living as I do about 70 miles away from a nuclear plant in South Haven, MI, that just released some radioactive steam. (h/t wizardkitten)

Entergy’s Palisades nuclear plant near South Haven is venting radioactive steam into the environment as part of an unplanned shutdown triggered by an electrical accident.

This shutdown, which began Sunday evening, came just five days after the plant restarted from a shutdown that was caused by a leak in the plant’s cooling system.

Nuclear Regulatory Commission spokeswoman Prema Chandrithal said that the current shutdown happened because an object slipped during work on a circuit breaker and caused an arc that took out power for one of two DC electrical systems that power safety valves and other devices.

So last week, they shut down because of a leak in the cooling system.

The Palisades nuclear power plant was shut down Friday afternoon after a water leak of more than 10 gallons per minute was detected in the system that cools the plant’s nuclear reactor.

The plant was shut down shortly before 3 p.m. because the leak exceeded the plant’s technical specifications, spokesman Mark Savage said. The plant filed a notification of an “unusual event” with the federal Nuclear Regulatory Commission.

The likely cause of the problem is a leak on a valve in the primary cooling system, but that won’t be known for certain until workers can get in and do a thorough evaluation, Savage said.

So as part of their attempt to fix that problem, they dropped something (I’m envisioning Homer Simpson dropping a wrench and knocking out power), which cut off power to some safety valves, which resulted in radioactive steam upwind (but also south) from me.

Um, isn’t this power plant supposed to have redundant backup electrical systems? You know? The ones we checked after Fukushima reminded us this stuff isn’t child’s play?

This is a post I could have written (in fact, I think I did here, here, here, and here). One difference, however, is that the author of this post is a government insider, State Department Foreign Service Officer Peter Van Buren.

The State Department and its Bureau of Diplomatic Security never took responsibility for their part in the loss of all those [WikiLeak] cables, never acknowledged their own mistakes or porous security measures. No one will ever be fired at State because of WikiLeaks — except, at some point, possibly me. Instead, State joined in the Federal mugging of Army Private Bradley Manning, the person alleged to have copied the cables onto a Lady Gaga CD while sitting in the Iraqi desert.

That all those cables were available electronically to everyone from the Secretary of State to a lowly Army private was the result of a clumsy post-9/11 decision at the highest levels of the State Department to quickly make up for information-sharing shortcomings. Trying to please an angry Bush White House, State went from sharing almost nothing to sharing almost everything overnight. They flung their whole library onto the government’s classified intranet, SIPRnet, making it available to hundreds of thousands of Federal employees worldwide. It is usually not a good idea to make classified information that broadly available when you cannot control who gets access to it outside your own organization. The intelligence agencies and the military certainly did no such thing on SIPRnet, before or after 9/11.

State did not restrict access. If you were in, you could see it all. There was no safeguard to ask why someone in the Army in Iraq in 2010 needed to see reporting from 1980s Iceland. Even inside their own organization, State requires its employees to “subscribe” to classified cables by topic, creating a record of what you see and limiting access by justifiable need. A guy who works on trade issues for Morocco might need to explain why he asked for political-military reports from Chile.

Another difference is that Van Buren is being harassed because he included a link from his blog to some cables describing the US dealing weapons to Moammar Qaddafi, including this account of John McCain and Lindsey Graham sucking up to the dictator.

The more amusing cable is from August 2009, just two short years ago. It recounts the visit to Libya of Congressional super heroes John McCain,Joe Lieberman and Lindsey Graham. The boys had a nice visit with Qaddafi and his son it seems. The cable notes “Lieberman called Libya an important ally in the war on terrorism, noting that common enemies sometimes make better friends.” Old Man McCain assured his hosts “that the United States wanted to provide Libya with the equipment it needs for its security. He stated that he understood Libya’s requests regarding the rehabilitation of its eight C-130s and pledged to see what he could do to move things forward in Congress. He described the bilateral military relationship as strong and pointed to Libyan officer training at U.S. Command, Staff, and War colleges as some of the best programs for Libyan military participation.”

The cable continued to say that “Qadhafi commented that friendship was better for the people of both countries and expressed his desire to see the relationship flourish. He thanked the Senators for their visit and described America as a race rather than a nationality, explaining that many Libyans are dual citizens because they were born in the United States. Senators McCain and Graham conveyed the U.S. interest in continuing the progress of the bilateral relationship and pledged to try to resolve the C-130 issue with Congress and Defense Secretary Gates.”

And whereas in my posts on the government’s overreaction to WikiLeaks, I focused on DOD’s hypocrisy on assigning all of the blame for a massive security breach to Bradley Manning in spite of its own rank incompetence keeping its networks safe, Van Buren rehearses the State Department’s past failures to keep their data safe.

Over the years, State has leaked like an old boot. One of its most hilarious security breaches took place when an unknown person walked into the Secretary of State’s outer office and grabbed a pile of classified documents. From the vast trove of missing classified laptops to bugging devices found in its secure conference rooms, from high ranking officials trading secrets in Vienna to top diplomats dallying with spies in Taiwan, even the publicly available list is long and ugly.

[snip]

Then again, history shows that technical security is just not State’s game, which means the Wikileaks uproar is less of a surprise in context. For example,in 2006, news reports indicated that State’s computer systems were massively hacked by Chinese computer geeks.  In 2008, State data disclosures led to an identity theft scheme only uncovered through a fluke arrest by the Washington D.C. cops.  Before it was closed down in 2009, snooping on private passport records was a popular intramural activity at the State Department, widely known and casually accepted.  In 2011, contractors using fake identities appear to have downloaded 250,000 internal medical records of State Department employees, including mine.

[snip]

Diplomatic Security famously took into custody the color slides reproduced in the Foreign Service Journal showing an open copy of one of the Government’s most sensitive intelligence documents, albeit only after the photos were published and distributed in the thousands. Similarly DS made it a crime to take photos of the giant U.S. Embassy compound in Baghdad, but only after the architecture firm building it posted sketches of the Embassy online; a Google search will still reveal many of those images; others who served in Iraq have posted them on their unsecured Facebook pages

Finally, though, there’s the big difference. State is threatening to take away Van Buren’s security clearance, which would amount to firing a successful Foreign Service Officer for a few links to WikiLeaks cables widely available elsewhere.

Secrecy News just posted a Congressional Research Service report written on WikiLeaks type leaks. As SN has previously reported, CRS researchers aren’t allowed to refer to the WL cables, not even for their reports.

“Add me to the list of grumblers,” said a respected national security analyst at the Congressional Research Service, where employees have been prohibited from accessing WikiLeaks documents online.

“This whole thing is so [expletive] stupid,” he said yesterday. “Even staff with clearances can’t read the cables, let alone quote them. One reason is that we can’t read classified materials on unclassified computers and we have no classified computers.”

“We can now quote news stories which cite the cables, but we have no way of verifying whether the article correctly quotes the cables.”

“This is hampering CRS work and management knows it,” the analyst said.  “There’s just no leadership on this issue.”

The rule, in the case of this recent report, results in the absurdity of long footnotes citing news articles, but never once citing an actual WL cable.

16 State’s Secrets, NY TIMES (online edition), Nov. 29, 2010, http://www.nytimes.com/interactive/world/statessecrets.html. According to the Guardian, the fact that most of the cables are dated from 2008 to 2009 is explained by the increase in the number of U.S. embassies linked to the military’s secure computer network, SIPRNet, over the past decade. See The US embassy cables, GUARDIAN (UK), http://www.guardian.co.uk/news/datablog/2010/nov/29/wikileaks-cables-data.
17 Scott Shane and Andrew W. Lehren, Cables Obtained by WikiLeaks Shine Light Into Secret Diplomatic Channels, NY TIMES.
18 The Guardian states that the earliest of the cables is from 1966. See The US embassy cables, supra footnote 16.

Not to mention a CRS report the very first sentence of which makes a demonstrably false statement.

The online publication of classified defense documents and diplomatic cables by the organization WikiLeaks and subsequent reporting by The New York Times, The Guardian (UK), and Der Spiegel (Germany), among others, have focused attention on whether such publication violates U.S. criminal law. [my emphasis]

The Iraq cables were published simultaneously, and except for the recent dump of everything, the State cables were published by the newspapers before WL published them.

This continuing game–the persecution of insiders for non-serious leaks while sanctioned leaks to Bob Woodward or General’s kids go un-investigated, the preference for the error and inanity of this CRS report over actual information–is getting really pathetic. It makes us dysfunctional as a country, preventing real discussion and therefore sound decision making, while we’re not doing the bureaucratic things to keep our secrets safe from our actual enemies. And all the while, efforts of people like Van Buren to tell us what a catastrophe our Iraq project really was get punished.

On Sunday, Carol Rosenberg informed us that there will be a new Chief Prosecutor in charge of military commissions at Guantanamo:

The Obama administration’s handpicked choice to run prosecutions at the Guantánamo war crimes court is pledging a new era of transparency from the remote base, complete with near simultaneous transmissions of the proceedings to victims and reporters on U.S. soil.

Army Brig. Gen. Mark Martins made the disclosure in a profile published Sunday in the Weekly Standard that likened the West Point, Oxford and Harvard Law graduate to a James Bond-style problem solver. It also cast Martins as “The Rebrander” of the at-times denounced military commissions system, which Barack Obama scorned as a candidate and senator then reformed with Congress as president.

Despite the Weekly Standard’s fawning profile of Martins as some sort of savior to the system who will lend an air of legitimacy to the military commissions, Martins is in reality a hack who is dragged out periodically by the Pentagon to cover up its worst abuses. Martins was chosen by Obama to head the committee that attempted to re-brand indefinite detention as legal, has served as Commander and Deputy Commander of JTF 435, the notorious JSOC group charged with running detention programs in Afghanistan, has served as legal adviser to David Petraeus, and, in the most outrageously named position of all, now commands “the newly established Rule of Law Field Force-Afghanistan”.

Here is how Martins’ recent positions are spun in his official biography from which I took the quote on his current position:

Brigadier General Martins assumed command of the newly established Rule of Law Field Force-Afghanistan on 1 September 2010. During the previous year, he served as the first Commander of Joint Task Force 435 and then as its first Deputy Commander upon Senate Confirmation of Vice Admiral Robert Harward. In these roles, Brigadier General Martins led the effort to reform United States detention operations in Afghanistan. Immediately prior to his deployment to Afghanistan, Brigadier General Martins co-led the interagency Detention Policy Task Force created by the President in January 2009.

Martins’ career, then, consists of using his “West Point, Oxford and Harvard Law” degrees to cover up the blatantly illegal indefinite detention policy of the US, along with justifying torture and improper arrest of civilians in night raids in Afghanistan.

Back in April of 2010, I described how Martins had been chosen first to review detention policy and then to go to Afghanistan to implement the “new” policy he had designed. Here is how that description ended:

I fail to see how the process described above is any kind of improvement in achieving release of prisoners who have been improperly detained. This description of the process also serves to expose as a sham the entire Special Task Force’s charge of improving how the US handles prisoners. And right in the middle of this mess is Obama’s hand-picked (through Gates) architect of the process, who now is dutifully overseeing its implementation.

There is no getting around the fact that it would have been known that Martins would come up with a program designed to continue the efforts to cover up the imprisonment of innocent citizens. As I noted above, his previous assignments overlap with previous significant cover-ups. Also, as just one more example, Martins wrote an article (pdf) in 2004 that lovingly described the legal justification for the Commander’s Emergency Response Program (CERP) in Iraq. This program was in reality so loosely set up that it has been the subject of significant attention for misuse of funds.

So while there is perhaps an improvement of conditions for reporters such as Rosenberg who will be covering the proceedings of the military commissions with the advent of near real-time broadcasts of the hearings, don’t expect any sudden changes in favor of the rule of law. Mark Martins has built his career around covering up the worst of Pentagon abuses and he now is in charge of covering up what can be considered its most prominent legal quagmire. Martins was chosen for this position precisely because the Pentagon knows it can count of him to promote the status quo while lending a false air of legitimacy.