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Our Other Assassination Program: Mafia Hitmen Hidden from Congress

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As part of my not-yet exhausted obsession with the government’s effort to obscure its drone assassination program, I re-read these two posts describing the assassination squads Dick Cheney set up but kept hidden from Congress. When Leon Panetta learned about it–and learned Congress had not been briefed–it set off a big scandal where, for once, Congress actually got pissed. The big scandal, we ultimately learned, was that the assassination squads had been outsourced in 2004 to Blackwater. And while actual approval for the program appears to have come in a September 26, 2001 directive following up on the Gloves Come Off Memorandum of Notification that authorized hit squads, its legal justification and logic parallels the drone program.

The Bush administration took the position that killing members of Al Qaeda, a terrorist group that attacked the United States and has pledged to attack it again, was no different from killing enemy soldiers in battle, and that therefore the agency was not constrained by the assassination ban.

But former intelligence officials said that employing private contractors to help hunt Qaeda operatives would pose significant legal and diplomatic risks, and they might not be protected in the same way government employees are.

[snip]

Officials said that the C.I.A. program was devised partly as an alternative to missile strikes using drone aircraft, which have accidentally killed civilians and cannot be used in urban areas where some terrorists hide.

Yet with most top Qaeda operatives believed to be hiding in the remote mountains of Pakistan, the drones have remained the C.I.A.’s weapon of choice. Like the Bush administration, the Obama administration has embraced the drone campaign because it presents a less risky option than sending paramilitary teams into Pakistan.

Today, we learn that the guy who took the assassination program private, then CIA CTC Operations Director Ricky Prados, was a mob hitman whose murderous ways continued after he joined the Agency.

More startling, the Miami murders allegedly continued after Prado joined the CIA. One target included a cocaine distributor in Colorado who was killed by a car bomb. Investigators believed he was killed over concerns he would talk to the police.

Years later, in 1996, Prado was a senior manager inside the CIA’s Bin Laden Issue Station, before the Al-Qaida mastermind was a well-known name. Read more →

Government Invokes Valerie Plame to Argue CIA Acknowledgment that Bush Authorized Torture Is Not Official Acknowledgment

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As you’ll recall, back in April I went on a week-long rant about the great lengths–including submitting a secret declaration from the National Security Advisor–the Obama Administration had gone to hide a short reference to the September 17, 2001 “Gloves Come Off” Memorandum of Notification. In doing so, it appears the Obama Administration hid George Tenet’s invocation of the Presidential MON that authorized the capture and detention of terrorists but which the Bush Administration used as its authorization to torture those alleged terrorists. (post 1, post 2, post 3, post 4, post 5, post 6, post 7)

In a classified hearing on March 9, the government claimed that releasing the reference in question would “reveal[] for the first time the existence and the scope of” what now clearly appears to be the MON. After I went on my rant, the ACLU informed the Circuit Court that the claim might be false. If the reference was indeed to the MON, ACLU wrote, then the CIA had already revealed that the September 17, 2001 MON authorized torture in this litigation.

If true, it may be relevant to this Court’s consideration that the CIA officially acknowledged the existence of that memorandum in this very litigation.

In response to appellees’ Freedom of Information Act request, the CIA identified as responsive “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists” and “to set up detention facilities outside the United States.” Eighth Declaration of Marilyn A. Dorn

On Friday, the government responded, effectively saying that Marilyn Dorn’s declaration doesn’t count as official acknowledgement of the MON.

For the reasons set forth in the Government’s classified filings, the disclosures identified in plaintiffs’ letter, including the information provided in the Dorn declaration, do not constitute an official disclosure of the information redacted from the OLC memoranda.

Notably, in its discussion of the cases which it cited to support its claim that Dorn’s description of the MON doesn’t count, it also included language that would address John Rizzo’s extensive blabbing about the MON as well as Glenn Carle’s CIA Publication Review Board-approved reference to CIA having received a Finding covering torture (neither of which the ACLU mentioned in its letter). But look what case they cited to make that argument.

This Court applies “[a] strict test” to claims of official disclosure. Wilson v. CIA, Read more →

“The Gloves Come Off” Memorandum of Notification

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Operational flexibility: This is a highly classified area. All I want to say is that there was “before” 9/11 and “after” 9/11. After 9/11 the gloves come off.

-Cofer Black, 9/11 Congressional Inquiry, September 26, 2002

When Cofer Black, the main author of the plan laid out in the September 17, 2001 Memorandum of Notification that appears to be at issue in the FOIA dispute between the CIA and White House and the ACLU (post 1, post 2, post 3, post 4, post 5), testified before the 9/11 Congressional Inquiry, he described the expanded operational flexibility CIA’s counterterrorism efforts gained after 9/11 by saying “the gloves come off.”

As this post shows, the legal means by which “the gloves come off” was the MON in question. Thus, rather than referring to the MON by its date, perhaps the best way for us to think of it is as the “Gloves Come Off MON.”

Before we get into what the MON did, here’s what the National Security Act, as amended, says such MONs are supposed to do. The NSA requires the President to notify congressional intelligence and appropriations committees (or, in rare cases, the Gang of Eight) of any covert operations he has authorized the CIA to conduct. Some important excerpts:

SEC. 503. [50 U.S.C. 413b] (a) The President may not authorize the conduct of a covert action by departments, agencies, or entities of the United States Government unless the President determines such an action is necessary to support identifiable foreign policy objectives of the United States and is important to the national security of the United States, which determination shall be set forth in a finding that shall meet each of the following conditions:

(1) Each finding shall be in writing, unless immediate action by the United States is required and time does not permit the preparation of a written finding, in which case a written record of the President’s decision shall be contemporaneously made and shall be reduced to a written finding as soon as possible but in no event more than 48 hours after the decision is made.

[snip]

(5) A finding may not authorize any action that would violate the Constitution or any statute of the United States.

[snip]

(d) The President shall ensure that the congressional intelligence committees, or, if applicable, the Members of Congress specified in subsection (c)(2) [the Gang of Eight], are notified of any significant change in a previously approved covert action, or any significant undertaking pursuant to a previously approved finding, in the same manner as findings are reported pursuant to subsection (c).

As used in this title, the term ‘‘covert action’’ means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include—

(1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;

Basically, the MONs are supposed to provide an up-to-date written notice of all the  potentially very embarrassing things the CIA is doing. And given that MONs cannot authorize unconstitutional or illegal (within the US) actions, it should impose some legal limits to covert operations.

Dick Cheney, in a 1989 speech complaining about Congressional overreach in foreign policy (Charlie Savage just posted this), described how this requirement to inform Congress of covert ops provided a way for Congress to oppose such actions by defunding any ongoing ones.

The 1980 law [requiring notice] did not challenge the President’s inherent constitutional authority to initiate covert actions. In fact, that law specifically denied any intention to require advance congressional approval for such actions.

[snip]

Any time Congress feels that an operation is unwise, it may step in to prohibit funds in the coming budget cycle from being used for that purpose. As a result, all operations of extended duration have the committees’ tacit support.

That’s the understanding of the limitations MONs might impose on Presidents that Cheney brought to discussions of the Gloves Come Off MON.

Bob Woodward provides an extensive discussion of what George Tenet and Cofer Black requested in this MON in Bush at War.

At the heart of the proposal was a recommendation that the president give what Tenet labeled “exceptional authorities” to the CIA to destroy al Qaeda in Afghanistan and the rest of the world. He wanted a broad intelligence order permitting the CIA to conduct covert operations without having to come back for formal approval for each specific operation. The current process involved too much time, lawyering, reviews and debate. The CIA needed new, robust authority to operate without restraint. Tenet also wanted encouragement from the president to take risks.

Another key component, he said, was to “use exceptional authorities to detain al Qaeda operatives worldwide.” That meant the CIA could use foreign intelligence services or other paid assets. Tenet and his senior deputies would be authorized to approve “snatch” operations abroad, truly exceptional power.

Tenet had brought a draft of a presidential intelligence order, called a finding, that would give the CIA power to use the full range of covert instruments, including deadly force. For more than two decades, the CIA had simply modified previous presidential findings to obtain its formal authority for counterterrorism. His new proposal, technically called a Memorandum of Notification, was presented as a modification to the worldwide counterterrorism intelligence finding signed by Ronald Reagan in 1986. As if symbolically erasing the recent past, it superseded five such memoranda signed by President Clinton.

Woodward describes other things included in Tenet’s request:

  • Providing hundreds of millions to “heavily subsidize Arab liaison services,” effectively “buying” key services in Egypt, Jordan, and Algeria
  • Equipping Predator drones with Hellfire missiles for lethal missions to take out top al Qaeda figures Read more →

Is Obama Threatening the “Special Relationship” to Hide Torture?

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I noted, when David Cameron was in town, that his Justice Secretary, Kenneth Clarke, was pushing to expand “closed material proceedings” as a way to better protect secret information. The effort was a response, Clarke claimed, to courts forcing the government to release information about Binyam Mohamed’s torture, which ended up revealing the US was using some torture techniques before the Bybee Memo purportedly approved torture.

Now, Cameron’s government is ratcheting up the fear-mongering, claiming that the US withheld information about a terrorist threat 18 months ago because of the the Mohamed release.

The CIA warned MI6 that al-Qaeda was planning an attack 18 months ago, but withheld detailed information because of concerns it would be released by British courts.

British intelligence agencies were subsequently forced to carry out their own investigations, according to Whitehall sources.

Several potential terrorists were identified with links to a wider European plot, but it is still not known whether the British authorities have uncovered the full extent of the threat.

I flew through London 18 months ago during what I suspect was this terror threat. It was the kind of threat where one airline–American–had rolled out the full heightened security theater, but another–Delta–had nothing special, both on the same day.

That kind of terrorist threat.

If it is true the CIA is withholding such information (I’m not saying I buy that the US withheld information from a serious threat), then consider what this means. Back in August 2006, the US (specifically, Dick Cheney and Jose Rodriguez) betrayed the “Special Relationship” by asking the Pakistanis to arrest one of the plotters in the liquid planes plot, which in turn forced the Brits to roll up their own investigation before they had solidified the case against the plotters. Several of the plotters had to be tried two times to get a conviction. The Bush Administration did all this as an election stunt.

And yet we’re the ones purportedly complaining about information sharing?

Read more →

Do We Really Want a Unipolar Middle East?

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As we’ve all been reading tea leaves about whether and when Israel will attack Iran, I’ve come to suspect we’re ignoring an equally important story. That is, to what degree is our post-Arab Spring policy in the Middle East serving Saudi Arabia’s purposes of aiming to obliterate the Shia–Iranian–pole of influence and not just our typical responsiveness to Israeli demands? And to what degree is that a catastrophic mistake of a magnitude equal to our mistake in invading Iraq (and to what degree is the plan an effort to recover from our loss in Iraq)?

I hope to raise this question more fully in a series of posts, but first some caveats and hypotheses. First, the caveats. I’m obviously not an expert in this field. I speak none of the languages in question. I think current events in the Middle East are more obscure than even they normally are. And I’m not sure my hypotheses are right. For all those reasons, I readily welcome being told I’m an idiot on this front by those with more expertise.

My hypotheses? Dick Cheney invaded Iraq as a middle term strategy to sustain US hegemony as the world transitions into peak oil. The strategy failed, miserably. On top of that failure, we’re faced with the crumbling of our old strategy in the wake of the Arab Spring. As a result, we’re pursuing (either deliberately or through lack of reflection) a strategy of making the Sunni pole–Saudi Arabia–even more powerful. And yet we’re doing this, bizarrely, at the same time we claim to be fighting a war against mostly Sunni terrorism. As such, the strategy seems as stupid as–and in many ways a repeat of–withdrawing troops from Afghanistan to fight in Iraq.

My thoughts on this have really solidified as I read two Bruce Riedel pieces–this recent column and one from last August. The recent one is so breathtakingly logically faulty as to merit mapping out Riedel’s argument–that Iran and Al Qaeda are likely to ally for an attack this summer–closely (note that Riedel’s argument is a response to Israeli spin in European papers about the Iranian threat).

  • Al Qaeda and Hezbollah had contacts prior to 9/11 and some of the hijackers took advantage of known Iranian documentation practices of not stamping passports to co-transit Iran
  • Al Qaeda terrorists we claim have cooperated fully have insisted there was no operational relationship between Iran and al Qaeda
  • Al Qaeda has frequently targeted Shiites
  • Al Qaeda has recently backed Syrian rebels while Iran has always been a key Bashar al-Assad backer

Therefore,

So despite their animosity, al Qaeda, Iran, and Hizbullah can probably also find new places to quietly cooperate, if only passively.

Read more →

“Quiet Lobbying Campaign” For SOCOM: Hollywood Movie, President’s Campaign Slogan

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[youtube]http://www.youtube.com/watch?v=ZnlPgo9TaGo[/youtube]

Coming so quickly on the heels of Lt. Col. Daniel Davis documenting the depraved level of lying that characterizes the primary mode of action for many at the top levels in our military, it’s galling that Admiral William McRaven would take to the front page of today’s New York Times to advance his efforts–hilariously and tragically labeled by the Times as a “quiet lobbying campaign”–to gain an even freer hand for the Special Operations Command, which he heads.

Never forget that it was from within Special Operations that Stanley McChrystal shielded Camp NAMA, where torture occurred, from the International Committee of the Red Cross. Never forget that it was Special Operations who instituted the dark side of the COIN (counterinsurgency) campaign in Afghanistan that relied on poorly targeted night raids that imprisoned and tortured many innocent civilians. Never forget that Dick Cheney and Donald Rumsfeld bypassed the normal chain of command to work directly with Stanley McChrystal when he headed JSOC, sending McChrystal on missions not reported to area command. This relationship with Cheney and Rumsfeld had a strong effect on JSOC, as noted by Jeremy Scahill:

Wilkerson said that almost immediately after assuming his role at the State Department under Colin Powell, he saw JSOC being politicized and developing a close relationship with the executive branch.

Among the military commanders being bypassed by Cheney and Rumsfeld was the head of SOCOM, the position that McRaven (who was McChyrstal’s deputy when most of McChrystal’s war crimes were carried out) now occupies, but this same attitude of teaming with the executive branch to bypass the regular defense chain of command has survived intact.

Today’s article in the Times opens this way:

As the United States turns increasingly to Special Operations forces to confront developing threats scattered around the world, the nation’s top Special Operations officer, a member of the Navy Seals who oversaw the raid that killed Osama bin Laden, is seeking new authority to move his forces faster and outside of normal Pentagon deployment channels.

The officer, Adm. William H. McRaven, who leads the Special Operations Command, is pushing for a larger role for his elite units who have traditionally operated in the dark corners of American foreign policy. The plan would give him more autonomy to position his forces and their war-fighting equipment where intelligence and global events indicate they are most needed.

At least the Times does pay a short homage to the quaint, old way of the chain of command as it currently exists:

While President Obama and his Pentagon’s leadership have increasingly made Special Operations forces their military tool of choice, similar plans in the past have foundered because of opposition from regional commanders and the State Department. Read more →

CIA Ousts Another Officer Working on Iran because of Political Shitstorm

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Remember how Dick Cheny outed Valerie Plame and in the process hurt our efforts to prevent Iran from getting nukes?

And since then, Iran has just been working away, allegedly, to get nukes?

Well, at a time when much of the national security establishment is drumming up war against Iran, they’ve done it again.

A senior CIA analyst resigned Tuesday amid accounts that she had been pressured to step down after her husband — a former agency employee — was charged with leaking classified information to the press.

Heather Kiriakou had served as a top analyst on some of the most sensitive subjects that the agency tracks, including leadership developments in Iran. Her husband, John, faces a maximum of 30 years in prison after being accused of disclosing details about secret CIA operations as well as the identities of undercover officers.

Two sources in direct contact with the Kiriakous said that Heather had submitted her resignation under pressure from superiors at the CIA.

Because in this government, it’s far more important to prosecute someone for publishing information about the “magic box”–technology which has been publicly available for years–than it is to ensure we have sound analysis about what Iran is doing.

Or maybe that’s the whole point.

Dick Cheney’s Turkey Talk

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Rick Perry apparently won the award at last night’s GOP Reality Show for most belligerent, ill-considered comment, calling to kick Turkey out of NATO because it had ties to Islamic terrorists.

And while it doesn’t have the same utter lack of caution, I’ve always wondered why this passage from Dick Cheney’s autobiographical novel never attracted more attention:

I think we failed to understand the magnitude of the shift that was taking place in Turkey. The significance of an Islamic government taking power in one of America’s most important NATO allies was in a sense obscured because of all the other challenges we faced. Today, Turkey appears to be in the middle of a dangerous transition from a key NATO ally to an Islamist-governed nation developing close ties with countries like Iran and Syria at the expense of its relations with the United States and Israel. (379)

Sure, PapaDick didn’t call them terrorists–not explicitly. But when I read this I thought the subtext was just as shocking as what Rick Perry said last night.

Intelligence Aide Flynn re McChrystal: “Everyone Has a Dark Side”

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[youtube]http://www.youtube.com/watch?v=WX0MPcN08Zc[/youtube]

As Marcy pointed out yesterday, Rolling Stone has published an excerpt from Michael Hastings’ new book The Operators. As she predicted, I am unable to refrain from commenting on it. The polarizing figure of Stanley McChrystal has always intrigued me. The way that McChrystal’s “Pope” persona was embraced by a large portion of the press never made sense to me, given how deeply McChrystal was involved as the primary agent behind the “success” of David Petraeus’ brutal night raids and massive detention program in Iraq. For those paying attention, it was known as early as 2006 that McChrystal’s JSOC was at the heart of the abuses at Camp Nama and even that he was responsible for preventing the ICRC from visiting the camp.

In preparing for the short passage from Hastings that I want to highlight, it is important to keep in mind that McChrystal’s mode of operation when heading JSOC was to bypass both the normal chain of command and Congressional oversight by working directly for Dick Cheney and Donald Rumsfeld. From Jeremy Scahill:

While JSOC has long played a central role in US counterterrorism and covert operations, military and civilian officials who worked at the Defense and State Departments during the Bush administration described in interviews with The Nation an extremely cozy relationship that developed between the executive branch (primarily through Vice President Dick Cheney and Defense Secretary Donald Rumsfeld) and JSOC. During the Bush era, Special Forces turned into a virtual stand-alone operation that acted outside the military chain of command and in direct coordination with the White House. Throughout the Bush years, it was largely General McChrystal who ran JSOC.

Next, we need to consider the figure of Michael Flynn, whom Hastings quotes. Flynn served under McChrystal in a number of positions related to intelligence gathering. From his biography:

Major General Michael T. Flynn assumed duties as the Chief, CJ2, International Security Assistance Force, with the additional appointment as the CJ2, US Forces – Afghanistan on 15 June 2009. Prior to serving in this capacity, he served as the Director of Intelligence, Joint Staff from 11 July 2008 to 14 June 2009. He also served as the Director of Intelligence, United States Central Command from June 2007 to July 2008 and the Director of Intelligence for Joint Special Operations Command from July 2004 to June 2007, with service in Operations ENDURING FREEDOM (OEF) and IRAQI FREEDOM (OIF). Major General Flynn commanded the 111th Military Intelligence Brigade from June 2002 to June 2004. Major General Flynn served as the Assistant Chief of Staff, G2, XVIII Airborne Corps at Fort Bragg, North Carolina from June 2001 and the Director of Intelligence, Joint Task Force 180 in Afghanistan until July, 2002.

Both the New York Times and Esquire articles linked above on torture at Camp Nama discuss events primarily from early 2004. From Flynn’s biography, that coincides with his duty as heading the 111th Military Intelligence Brigade and being promoted to Director of Intelligence for all of JSOC. Given those roles, it seems impossible that Flynn could have been unaware of what took place at Camp Nama, as he would have been assessing the information gleaned from interrogations there at the very least. It’s likely he spent a lot of time there. From the Esquire article: Read more →

The Lessons of Iran-Contra 2.0

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In “honor” of the 25th Anniversary of the press conference admitting to Iran-Contra on Friday, National Security Archive liberated memos an aide to Special Prosecutor Lawrence Walsh, Christian Mixter, wrote assessing the criminal liability of Reagan and Poppy Bush. The report found that a loophole Ed Meese suggested–basically using National Security Act to trump the Arms Control Export Control Act–would make it difficult to prosecute Reagan for hiding transfers of money.

On Reagan, Mixter reported that the President was “briefed in advance” on each of the illicit sales of missiles to Iran. The criminality of the arms sales to Iran “involves a number of close legal calls,” Mixter wrote. He found that it would be difficult to prosecute Reagan for violating the Arms Export Control Act (AECA) which mandates advising Congress about arms transfers through a third country-the U.S. missiles were transferred to Iran from Israel during the first phase of the operation in 1985-because Attorney General Meese had told the president the 1947 National Security Act could be invoked to supersede the AECA.

As the Iran operations went forward, some of Reagan’s own top officials certainly believed that the violation of the AECA as well as the failure to notify Congress of these covert operations were illegal-and prosecutable. In a dramatic meeting on December 7, 1985, Secretary of Defense Caspar Weinberger told the President that “washing [the] transaction thru Israel wouldn’t make it legal.” When Reagan responded that “he could answer charges of illegality but he couldn’t answer charge that ‘big strong President Reagan passed up a chance to free hostages,” Weinberger suggested they might all end up in jail. “Visiting hours are on Thursdays,” Weinberger stated. As the scandal unfolded a year later, Reagan and his top aides gathered in the White House Situation Room the day before the November 25 press conference to work out a way to protect the president from impeachment proceedings.

And you couldn’t prosecute Reagan for lying to the American people because doing that is not a crime.

Mixter also found that Reagan’s public misrepresentations of his role in Iran-Contra operations could not be prosecuted because deceiving the press and the American public was not a crime.

As to Poppy, he was intimately involved in all the same close calls decisions Reagan was, but since he was junior to Reagan, you couldn’t prosecute him either. (The memo was written before it became clear Poppy had been hiding his diaries from the investigation.)

The NSA report on the documents–particularly this detail…

The memorandum on criminal liability noted that Bush had a long involvement in the Contra war, chairing the secret “Special Situation Group” in 1983 which “recommended specific covert operations” including “the mining of Nicaragua’s rivers and harbors.” Mixter also cited no less than a dozen meetings that Bush attended between 1984 and 1986 in which illicit aid to the Contras was discussed.

… Reminded me of Sy Hersh’s description of a meeting at which the Iran-Contra dead-enders in the W Administration plotted how to improve on Iran-Contra.

They set about and talking about how to sabotage oversight. And what is the model for sabotaging oversight? The model turned out to be the Bill Casey model. Read more →