Posts

Barb Mikulski and Stephen Preston Seem to Disagree Over Whether David Petraeus “Jerked Around” Congress

/1 Comment/in , , /by

A big part of Stephen Preston’s response to Mark Udall’s questions about whether he supports adequate disclosure to Congress consists of insisting the CIA Directors he worked with — Leon Panetta, David Petraeus, presumably Mike Morell as Acting Director, and John Brennan — have supported full disclosure to Congress.

Doing a better job of congressional notification and ensuring the proper provision of information concerning covert action and other intelligence activities to the Intelligence Committees has been a top priority of the Directors under which I have served, starting with Director Panetta, and one that I have fully supported.

[snip]

What we regard as proper practice today is driven by faithful application of the National Security Act of 1947. It is also informed by the very high priority the Directors under which I have served have placed on doing a better job of congressional notification and ensuring the proper provision of information concerning covert action and other intelligence activities to the Intelligence Committees. To repeat, I have fully supported these efforts and, if confirmed, will be fully committed to such efforts with respect to the Armed Services Committees.

While it may or may not be true that the Directors under whom Preston has served have not engaged in the kind of manipulative briefings that characterized the torture program, every time I read these assurances from Preston I remembered what Barb Mikulski said at John Brennan’s confirmation hearing.

Now, I want to get to the job of the CIA director. I’m going to be blunt — and this would be no surprise to you, sir.

But I’ve been on this committee for more than 10 years. And with the exception of Mr. Panetta, I feel I’ve been jerked around by every CIA director.

I’ve either been misled, misrepresented, had to pull information out, often at the most minimal kind of way, from Tenet, with his little aluminum rods to tell us that we had weapons of mass destruction in Iraq to Porter Goss, not worth coming.

You know the problems we’ve had with torture. The chair has spoken eloquently about it all the way.

And, quite frankly, during those questions, they were evaded, they were distorted, et cetera.

While she didn’t name him as she did Tenet and Goss, neither did she except David Petraeus, like she did Leon Panetta.

This would seem to suggest that Mikulski has a very different understanding of Petraeus’ commitment to briefing Congress than Preston claims to have.

“Together, we all prevail”

/17 Comments/in /by

For a 1,500-word Shane Harris piece that could be part of Lawfare’s Empathy for Wiretappers series (brought to you by NSA contractor Northrop Grumman!), Stewart Baker blames the White House failure to mount a vocal defense of NSA on John Brennan’s departure.

“I think actually this is the first signal that John Brennan is gone,” said Baker, the former NSA general counsel. “I think that if Brennan had still been there he would have immediately appreciated the importance, and communicated that to the president, of defending the program.”

John Brennan, of course, played a key role in rationalizing Dick Cheney’s illegal wiretap program, and therefore not only has a stake in protecting NSA, but also in insisting that the current program — which is just a rehashed version of the illegal program — is critical for detecting terrorists.

By comparison, Lisa Monaco, whom Baker implicitly criticizes (and the article explicitly notes) for her silence in the face of NSA’s problems, headed DOJ’s National Security Division from 2010 2011 until this year, and so likely had to deal with the aftermath of the phone dragnet problems, the full brunt of the Internet dragnet problems (which purportedly got shut down under her tenure), and the upstream collection problems — all three “features” of the illegal program that never got shut down when it moved under FISA Court supervision, and got called “bugs” when DOJ (Monaco!) had to reveal them.

And while the piece provides interesting new details about White House’s chilly relationship with a man they’ve nevertheless given vastly increasing amounts of power to,

The weak backing from top administration officials has aggravated the relationship between Alexander and the White House, where he has never been warmly embraced.

[snip]

Alexander has never been especially close to Obama or White House officials. Some thought he had tried to amass too much surveillance authority without appreciating the legal constraints on his agency, according to a former administration official. “I don’t understand why the White House didn’t throw Alexander under the bus,” the official added.

It actually doesn’t consider whether the Administration might be pursuing a conscious strategy of weakening Alexander’s considerable power (I have no reason to believe they are, but I can imagine why they might want to weaken someone who has only expanded his power since 2005 and got caught in serial fuck-ups as well).

It also doesn’t consider the possibility that one reason NSA employees are dispirited is because they’re learning about programs that violate the self-image they’ve got of their Agency.

Former intelligence officials who remain in regular contact with those still in government say that morale at the NSA is low, both because of the reaction to leaks by former contractor Edward Snowden, which put the normally secretive agency under intense scrutiny, and because of budget cutbacks and the continuing government shutdown, which has left some employees furloughed without pay.

Ah well. The NSA spokesperson is issuing slogans, so all is well in the national security world.

An NSA spokesperson downplayed any rift between the agency and the administration. “National security is a team sport. For us, collaboration is built into the very fabric of who we are,” said Vanee Vines. “There is no truth to rumors of dissension between NSA and the administration regarding the Agency’s mission to help defend the nation and save lives. Together, we all prevail.”

Together, we all prevail.

David Kris: I’m Not Saying CIA Shoots Drones, Assassinates Americans, and Influences Media, But …

/17 Comments/in , /by

In the passage of David Kris’ paper that address more public transparency, he included on paragraph on covert action.

For example, the covert action statute 221 could be interpreted and applied in ways that may be extraordinarily important, but about which very, very few Members of Congress, let alone the American People, ever learn.222 The statute defines covert action to exclude “traditional” military and law-enforcement activities,223 provides that a covert action finding “may not authorize any action that would violate the Constitution or any statute of the United States,”224 and specifically warns that “No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.”225 Without making any comment, express or implied, on any actual or hypothetical covert action, or even acknowledging that any covert action of any kind has ever actually taken place, it is quite obvious that each of those elements of the statute could raise enormously difficult and complex interpretive questions, some of which might affect many Americans.226 Yet it might be impossible, in many cases, to explain those interpretations without revealing the most sensitive classified information. 227 [60]

In other words, in a passage explaining the challenges and limits to making information available to the public, he implies (“without making any comment, express or implied, on any actual or hypothetical covert action, or even acknowledging that any covert action of any kind has ever actually taken place”) that CIA may have:

And while he very studiously avoids confirming these things that have all been confirmed elsewhere, his argument about the transparency of the matter has more to do with our treatment of covert ops than with transparency per se.

That is, it’s not so much that the US doesn’t and can’t know about the drone strikes, US person assassinations, and really bad propaganda the CIA has been involved in. It’s just that the government keeps the law on covert operations on the book, pretending it abides by it, while telling just the Gang of Four it doesn’t.

That is, it’s not about transparency, it’s about the legal sanction to lie about actions that everyone knows the Executive undertakes.

None of that is shocking (though it’s an interesting argument). But it’d be nice if Kris wanted to hint whether these covert actions included more politicized spying on American people.

SOFA Unlikely Due to Karzai’s Objection to Death Squads

/11 Comments/in , /by

The US has set the end of this month as its artificial deadline for signing a Status of Forces Agreement (SOFA, also Bilateral Security Agreement, or BSA) with Afghanistan to govern the presence of US troops inside Afghanistan after the scheduled end of NATO operations at the end of 2014. The driving force behind this push to have the SOFA in place so far ahead of the end of next year was to prevent a repeat of the embarrassment that the US suffered when it was unable to get the terms it wanted–specifically, full criminal immunity for US troops–in Iraq and wound up withdrawing all troops instead of leaving a force behind after the stated end of military operations.

The news today out of Afghanistan does not bode well for the US to meet its deadline. Although the issue of criminal immunity still seems likely to me to be just as big a barrier in Afghanistan as it was in Iraq, Afghan President Hamid Karzai has raised a different concern that the US seems quite unlikely to address in the way he wants. From Reuters:

But two issues have emerged as potential “deal breakers”, President Hamid Karzai’s spokesman, Aimal Faizi, told reporters late on Tuesday.

One is a U.S. desire to run independent counter-terrorism missions in Afghanistan after 2014, Faizi said. The other was a U.S. refusal to agree to a wide-reaching promise to protect Afghanistan from foreign aggression.

Karzai has long opposed operations in Afghanistan by U.S. special operations forces and the CIA, particularly when they run the risk of causing civilian casualties.

“These things are strongly related to our sovereignty,” Faizi said. “We find it to be something that will definitely undermine our sovereignty, if we allow the U.S. forces to have the right to conduct unilateral military operations.”

Recall that back in February of this year, Karzai grew frustrated with the death squad activities in Wardak province and called for the expulsion of US special forces there. As usual, the reference to “special operations forces and the CIA” means the death squads that the US organizes in Afghanistan (sometimes under the guise of Afghan Local Police) that carry out brutal night raids described as “counter-terrorism” operations.

Faizi is quoted on this issue further in an AFP piece picked up by Dawn:

“The US wants the freedom to conduct military operations, night raids and house searches,” Faizi told reporters late Tuesday.

“According to them, there are 75 Al Qaeda operatives in Afghanistan, which is very strange as this agreement will be for 10 years to have the right to conduct military operations anywhere in the country.

“Unilaterally having the right to conduct military operations is in no way acceptable for Afghans.”

It appears that negotiations on this issue are now being carried out in direct phone conversations between Karzai and Obama. It’s hard to imagine that either will give up any portion of their position, so look for an announcement near the end of this month that the “deadline” has been extended. There already is discussion that the new Afghan president taking office after the April elections will be tasked with finalizing the agreement since Karzai and Obama seem unable to come to agreement.

The second sticking point is also fairly interesting. It appears that in this case, the US is actually showing restraint of a sort, since they don’t want to give Afghanistan wide latitude in determining what constitutes an attack on Afghanistan that would trigger the US responding in defense of Afghanistan. From the Dawn article:

Faizi also said the two sides could not agree on how the bilateral security agreement (BSA) should define an attack on Afghanistan that would trigger US protection.

“We believe that when terrorists are sent to commit suicide attacks here, that is also aggression,” Faizi said.

“We are a strategic partner of the US and we must be protected against foreign aggression. For us and for the US, that’s the conflicting point. We are not of the same opinion and we need clarity from the US side,” he said.

Cross-border skirmishes between various factions in Afghanistan in Pakistan are an ongoing process. In fact, there was a suicide bombing today at the Chaman border crossing that killed at least eight people. Today’s attacker appeared to have come from the Afghan side of the border, but it appears that the US wishes to avoid being forced to carry out attacks inside Pakistan under the guise of the SOFA when a suicide attack originates from inside Pakistan.

Of course, even a government shutdown hasn’t stopped the US carrying out drone strikes inside Pakistan, but that is a different issue entirely and seems to relate more to who has pissed off John Brennan lately rather than who organized a suicide attack.

The Kiddie Porn and the UndieBomb

/4 Comments/in , /by

Screen shot 2013-09-26 at 1.22.11 PMI was at a funeral Monday and Tuesday. So when I heard the FBI had busted the guy who leaked the UndieBomb 2.0 story, I assumed they had finally arrested John Brennan.

But, as bmaz emphasized in his post on Donald Sachtleben’s plea agreement, there’s no hint of prosecuting Brennan, who leaked Top Secret details about the British/Saudi double agent into AQAP, even while they’re imprisoning Donald Sachtleben, who is only accused of leaking details he knew to be Secret.

A law enforcement official indicated that the case has not been officially closed but the charges against Sachtleben are the only ones expected.

(Sure, the evidence that Sachtleben was involved with kiddie porn seems solid, but then Brennan drone-killed children, so he’s not above reproach for his treatment of children either.)

But that is by no means the weirdest thing about the government’s treatment of the UndieBomb 2.0 leak investigation.

The entire premise of the FBI narrative is that they exercised greater care with a kiddie porn accusee they had dead to rights than they did the 100 or so AP reporters who got sucked up in their overbroad dragnet. They would have you believe that, even after seizing a CD holding a November 2, 2006 SECRET CIA intelligence report at Sachtleben’s house in May 2012 pursuant to a kiddie porn warrant (which they have not produced in the docket), they just sat on his devices for almost a year until they obtained the phone records for 20 AP phone lines, in a seizure far more intrusive into journalism than any recent known subpoena.

Sachtleben was identified as a suspect in the case of this unauthorized disclosure only after toll records for phone numbers related to the reporter were obtained through a subpoena and compared to other evidence collected during the leak investigation. This allowed investigators to obtain a search warrant authorizing a more exhaustive search of Sachtleben’s cell phone, computer, and other electronic media, which were in the possession of federal investigators due to the child pornography investigation.

(I may be mistaken, but I don’t think the FBI made this claim in any court document, so I assume it is bullshit, especially since they had had to do extensive forensic searches of Sachtleben’s computer and he had already signed a plea deal forfeiting it.)

They would also have you believe the AP had no inkling of the UndieBomb plot until ABC reported inflammatory claims about cavity bombs on April 30, 2012, even in spite of ABC’s reference to TSA head John Pistole’s earlier fear-mongering about it and in spite of additional reporting about broad Air Marshall mobilization. DOJ goes to great lengths to make you believe AP first texted Sachtleben on April 30 and not, say, on April 28 (which would mean the kiddie porn investigation accelerated after such contact), though there’s no reason to believe that’s true and the AP call records DOJ obtained apparently go back to well before April 30. They also suggest AP was asking Sachtleben about an Asiri bomb, though the first text they include is an assertion — not a question — that Asiri has been busy.

They would have you believe that two Pulitzer Prize winners would defy White House and CIA wishes with a story sourced to a single source who, just a day earlier, had provided a mistaken guess about the excitement. Read more →

Further Implications of UndieBomb II Leaker Guilty Plea

/23 Comments/in , , , , , , , , , /by

As you have likely heard by now, a former FBI agent has agreed to plead guilty to leaking material about the second underwear bomb attempt to reporters in May of 2012. Charlie Savage of the New York Times has the primary rundown:

A former Federal Bureau of Investigation agent has agreed to plead guilty to leaking classified information to The Associated Press about a foiled bomb plot in Yemen last year, the Justice Department announced on Monday. Federal investigators said they identified him after obtaining phone logs of Associated Press reporters.

The retired agent, a former bomb technician named Donald Sachtleben, has agreed to serve 43 months in prison, the Justice Department said. The case brings to eight the number of leak-related prosecutions brought under President Obama’s administration; under all previous presidents, there were three such cases.

“This prosecution demonstrates our deep resolve to hold accountable anyone who would violate their solemn duty to protect our nation’s secrets and to prevent future, potentially devastating leaks by those who would wantonly ignore their obligations to safeguard classified information,” said Ronald C. Machen Jr., the United States attorney for the District of Columbia, who was assigned to lead the investigation by Attorney General Eric H. Holder Jr.

In a twist, Mr. Sachtleben, 55, of Carmel, Ind., was already the subject of a separate F.B.I. investigation for distributing child pornography, and has separately agreed to plead guilty in that matter and serve 97 months. His total sentence for both sets of offenses, should the plea deal be accepted by a judge, is 140 months.

Here is the DOJ Press Release on the case.

Here is the information filed in SDIN (Southern District of Indiana). And here is the factual basis for the guilty plea on the child porn charges Sachtleben is also pleading guilty to.

So Sachtleben is the leaker, he’s going to plead guilty and this all has a nice beautiful bow on it! Yay! Except that there are several troubling issues presented by all this tidy wonderful case wrap up.

First off, the information on the leak charges refers only to “Reporter A”, “Reporter A’s news organization” and “another reporter from Reporter A’s news organization”. Now while the DOJ may be coy about the identities, it has long been clear that the “news organization” is the AP and “Reporter A” and “another reporter” are AP national security reporters Matt Apuzzo and Adam Goldman (I’d hazard a guess probably in that order) and the subject article for the leak is this AP report from May 7, 2012.

What is notable about who the reporters are, and which story is involved, is that this is the exact matter that was the subject of the infamous AP phone records subpoenas that were incredibly broad – over 20 business and personal phone lines. These subpoenas, along with those in the US v. Steven Kim case collected against James Rosen and Fox News, caused a major uproar about the sanctity of First Amendment press and government intrusion thereon.

The issue here is that Attorney General Eric Holder and the DOJ, as a result of the uproar over the Read more →

CIA Joins Obama’s Dissembling on Date Death Squads Sent Into Syria

/15 Comments/in , /by

Please support the Emptywheel fundraiser.

I still don’t quite know what the angle is for this particular obfuscation, but given the efforts first from Obama himself and now from the CIA, both with planted leaks, the Obama administration is continuing its efforts to hide the date on which CIA-trained death squads first began entering Syria. From my first post on this topic, beginning with a quote from the New York Times:

Officials said that in the same conversation, which included Senator Lindsey Graham, the South Carolina Republican, Mr. Obama indicated that a covert effort by the United States to arm and train Syrian rebels was beginning to yield results: the first 50-man cell of fighters, who have been trained by the C.I.A., was beginning to sneak into Syria.

Taken at face value, this version of the story would have us believe that the first group of 50 trained by the CIA was presumably still in the process of “sneaking” into Syria on Monday.

The “Monday” in that context would be September 2. The post goes on to note that rather than September 2, after the disputed August 21 chemical weapon attack, French sources had actually documented that the first group of CIA-trained and armed fighters was as large as 300 (not 50) and entered Syria on August 17, well ahead of the release of chemical agents.

And yes, go back and parse that bit from the New York Times carefully, especially this: “covert effort by the United States to arm and train Syrian rebels”. We aren’t just training these death squads, we are arming them, too. That is what makes last night’s “revelation” in the Washington Post even more important to look at:

The CIA has begun delivering weapons to rebels in Syria, ending months of delay in lethal aid that had been promised by the Obama administration, according to U.S. officials and Syrian figures. The shipments began streaming into the country over the past two weeks, along with separate deliveries by the State Department of vehicles and other gear — a flow of material that marks a major escalation of the U.S. role in Syria’s civil war.

Any doubts that this was a planned and sanctioned leak were wiped away within an hour of the Post putting up this story when Barbara Starr “confirmed” the report on Twitter. But we know from my first post on the topic that the death squads really started rolling into Syria on August 17. If we back up “two weeks” from last night’s report on September 11, we get only to August 28. This is a full week after the disputed chemical weapon attack and much closer to the September 2 date on which Obama leaked that the death squads were then in the process of beginning their entry into Syria.

The timing for the flow of arms to these groups is another way we can pinpoint when they became enmeshed in activities inside Syria. With yesterday’s leak on when the flow of arms began, we have once again seen the US try to shift the date for involvement of the death squads inside Syria from before the chemical weapons attack to after it.

Two completely unnecessary but very public leaks, one from Obama himself and the other from “U.S. officials and Syrian figures” have done their utmost to change the public record on when the CIA-trained groups first entered Syria. Why is it so important to the Obama administration to obscure the entry date?

Did NSA and JSOC Team Up to Game Obama and Monaco on Yemen Terror Alert?

/32 Comments/in , /by

NBC published a fascinating article yesterday that provided new and interesting details on the events surrounding the escalation of drone strikes in Yemen that took place in response to the “intercepted conference call” that wasn’t a conference call. Matthew Cole, Richard Esposito and Jim Miklaszewski report on the personnel and policy changes that were taking place in the Obama administration as these events unfolded and how these changes had led to a decrease in drone strikes:

Obama announced that he had chosen Lisa Monaco to replace Brennan as his top counterterror official on January 25, and she officially assumed the role of Homeland Security Advisor on March 8. The U.S. launched four strikes on Yemen between January 19 and January 23, just before Obama’s announcement about Monaco, but didn’t launch another until April 17.

“With Brennan going over to CIA and Monaco replacing him, it took time,” said a senior counterterrorism official. “This was a while coming. JSOC (the Pentagon’s Joint Special Operations Command) was pushing for more strikes and more operations but the White House slowed everything down.”

Those three strikes in mid-April were followed by another lull in strikes until mid-May, when there were two strikes just before Obama’s drone policy speech:

In tandem with the drone speech, the President issued new internal guidance to officials that tightened controls on what targets could be hit and who could make the decision to launch a drone.

What followed, sources said, was more frustration from Defense Department officials, and a third, seven-week-long interruption in drone strikes that led to a backlog of identified militant targets in Yemen.

But the “targeting” done by JSOC in Yemen isn’t of the same quality as the information prepared for targeting by the CIA for strikes in Pakistan, according to the NBC report:

In May, around the time of Obama’s speech, senior military officials prepared “targeting packages” for Monaco, with a roster of suspected militants in Yemen that they wanted to eliminate. The “targeting packages” contain background information on the identified targets. The CIA’s packages for Pakistan are often very detailed, while the Defense Department’s research on Yemeni targets was sometimes less detailed.

In fact, the JSOC apparently even admitted that some of these recent targeting packages pertained to lower level targets, but in an apparent use of pre-cogs, they claimed these were going to be important al Qaeda figures in the future and the administration had to deal with the question of “pain now, or pain later” in their recommendation to take out these lower level operatives.

Keep in mind that these meetings to discuss drone targets, also know as “Terror Tuesday” meetings, are populated by high level security personnel from many agencies. Both JSOC, as the target developer for drone strikes in Yemen, and NSA, as the purveyor of information gleaned from surveillance, would of course be present.

As @pmcall noted to me on Twitter, the “intercept” then magically appeared and opened the floodgates for strikes:

Here’s how the NBC article described that: Read more →

Maybe the Gimmick Is in the Timing of Legion of Doom?

/12 Comments/in , /by

In my first post on this Yemen scare — which I will henceforth call “Legion of Doom” in honor of the Daily Beast source’s use of the term — I suggested the big part of the plot might have already transpired.

There’s the increased drone activity in Yemen. Who knows! Maybe, like last year, the plot has already been rolled up and we’re just waiting to confirm one of the several recent drone strikes have taken out our target?

I made that suggestion because of evidence that the US rolled up UndieBomb 2.0 on April 20-24 of last year, and only then deployed a bunch of Air Marshals and fear-mongering about Ibrahim al-Asiri for the days leading up to the May 1 anniversary of Osama bin Laden’s killing. They eliminated the threat (which was minimal in any case, since the bomber was a British-Saudi-US mole), then rolled out fear-mongering about it, as if the threat still existed. Fairly clearly, the White House planned a big press conference on their operation once they killed Fahd al-Quso, and thus got furious when the AP managed to scoop their theater.

I increasingly think that may be the case. Whether or not there was ever a real threat, I suspect it may have partly passed before the big rollout of it last Friday (though the targeting of a top AQAP member, the presence of additional JSOC forces, or all the drone strikes may have increased the risk for Americans in Yemen).

Consider: back when Pentagon stenographer Barbara Starr was among the first to discuss the intercepts behind Legion of Doom, she suggested very fresh SIGINT chatter and a warning from President Abdo Rabi Mansour Hadi delivered on July 31 or August 1 had led the US to close a bunch of embassies (though even there, they waited a few days to start closing embassies).

Fresh intelligence led the United States to conclude that operatives of al Qaeda in the Arabian Peninsula were in the final stages of planning an attack against U.S. and Western targets, several U.S. officials told CNN.

The warning led the U.S. State Department to issue a global travel alert Friday, warning al Qaeda may launch attacks in the Middle East, North Africa and beyond in coming weeks. The U.S. government also was preparing to close 22 embassies and consulates in the region Sunday as a precaution.

The chatter among al Qaeda in the Arabian Peninsula operatives had gone on for weeks but increased in the last few days, the officials said.

Taken together with a warning from Yemeni officials, the United States took the extraordinary step of shutting down embassies and issuing travel warnings, said the officials, who spoke on condition of anonymity.

While the specific target is uncertain, U.S. officials are deeply worried about a possible attack against the U.S. Embassy in Yemen occurring through Tuesday, the officials said.

[snip]

Yemeni intelligence agencies alerted authorities of the threat two days ago, when the Yemeni president was in Washington, said the official, who spoke on condition of anonymity. [my emphasis]

And the original and an update to the NYT’s original story on Legion of Doom says the intercept between Zawahiri and Wuhayshi came sometime last week.

The intercepted conversations last week between Ayman al-Zawahri, who succeeded Osama bin Laden as the head of the global terrorist group, and Nasser al-Wuhayshi, the head of the Yemen-based Al Qaeda in the Arabian Peninsula, revealed what American intelligence officials and lawmakers have described as one of the most serious plots against American and Western interests since the attacks on Sept. 11, 2001.

But the latest AP version of the intercept call says it was picked up “several weeks ago.”

A U.S. intelligence official and a Mideast diplomat said al-Zawahri’s message was picked up several weeks ago and appeared to initially target Yemeni interests. The threat was expanded to include American or other Western sites abroad, officials said, indicating the target could be a single embassy, a number of posts or some other site. Lawmakers have said it was a massive plot in the final stages, but they have offered no specifics.

Perhaps the discrepancy comes from confusion about two different Zawahiri-Wuhayshi intercepts. In its conference call report, the Daily Beast reports that authorities picked up a communication, via courier, between Zawahiri and Wuhayshi “last month.”

An earlier communication between Zawahiri and Wuhayshi delivered through a courier was picked up last month, according to three U.S. intelligence officials.

That earlier conversation may simply have been Zawahiri naming Wuhayshi his deputy, but the role of a courier in the interception suggests they may have gotten far more intelligence — perhaps not just intelligence tipping the US off to whatever conference call protocol AQ was using, but also to the location of Wuhayshi and other figures.

Read more →

More Lies to the FISA Court

/6 Comments/in , , /by

I was pulling up something else from Ron Wyden’s site, and noticed a sentence in this release pointing out how last week’s so-called transparency dump from James Clapper actually shows the lies the Intelligence Community told to Congress. I didn’t see the first time I looked at it.

Similarly misleading statements about the bulk email records program were also made to the Foreign Intelligence Surveillance Court, though these statements unfortunately remain classified.

As I’ve noted before, John Brennan testified that he submitted CIA interrogation derived evidence to the FISA Court, almost certainly in the “scary memos” he submitted to justify the continuation of Cheney’s illegal wiretap program.

Burr: I’m still not clear on whether you think the information from CIA interrogations saved lives.  Have you ever made a representation to a court, including the FISA court, about the type and importance of information learned from detainees including detainees in the CIA detention and interrogation program?

Brennan: Ahm, first of all, in the first part of your question, as to you’re not sure whether I believe that there has been information … I don’t know myself.

Burr: I said I wasn’t clear whether I understood, whether whether I was clear.

Brennan: And I’m not clear at this time either because I read a report that calls into question a lot of the information that I was provided earlier on, my impressions. Um. There, when I was in the government as the head of the national counterterrorism center I know that I had signed out a number of um affirmations related to the uh continuation of certain programs uh based on the analysis and intelligence that was available to analysts. I don’t know exactly what it was at the time, but we can take a look at that.

Burr: But the committee can assume that you had faith if you made that claim to a court or including the FISA court, you had faith in the documents in the information that was supplied to you to make that declaration.

Brennan: Absolutely. At the time if I had made any such affirmation, i would have had faith that the information I was provided was an accurate representation. [my emphasis]

While Wyden’s hinted misrepresentations are probably more modest — probably relating to how important the information derived from the Internet metadata collection really was — it nevertheless adds to the evidence that the non-adversarial nature of the FISA Court has allowed the Executive Branch to lie to the judges who preside there.