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Incapacitating Terrorists in the US: the FBI’s Job

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Remember when I suggested that a targeted killing in the US would look a lot like the killing of Imam Luqman Abdullah in 2009 (though I’m not saying that Abdullah’s killing was a targeted killing), in which bunch of FBI’s Hostage Rescue Team members flew in from around the country, set up an “arrest” operation, sicced a dog on him, and then shot him 21 times as he tried to hold off the dog?

Here are three assertions in the letters Eric Holder and John Brennan made in response to Rand Paul’s question about whether “the President has the power to authorize lethal force, such as a drone strike, against a US citizen on US soil, and without trial,” each addressing a different agency which might conceivably conduct targeted killing.

DOD

It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the Untied States.

CIA

I can, however, state unequivocally that the agency I have been nominated to lead, the CIA, does not conduct lethal operations inside the United States — nor does it have any authority to do so. Thus, if I am fortunate enough to be confirmed as CIA Director, I would have no “power” to authorize such operations.

DOJ

As a policy matter, moreover, we reject the use of military force where well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat. We have a long history of using the criminal justice system to incapacitate individuals located in our country who pose a threat to the United States and its interests abroad. Hundreds of individuals have been arrested and convicted of terrorist-related offenses in our federal courts.

All three answers are interesting. Paul is upset that Holder said the President could use lethal military force in the US. Holder invoked Pearl Harbor and 9/11, during the latter of which the Vice President, on his sole authority, ordered DOD to shoot down domestic aircraft in the US. If Paul has a problem, he should probably also have a problem with Dick Cheney’s order on 9/11.

Brennan’s answer about the CIA is a masterpiece of misdirection. Brennan doesn’t answer whether the CIA can operate in the US, which is broadly covered by other questions Paul asked so easily could and should have been included in his answer. He uses very interesting scare quotes around power. He makes it very clear that this answer does not address the legal question of whether the CIA could do this (he says DOJ will answer that, but Holder in fact didn’t address whether CIA could be ordered to kill in the US). Most importantly, however, Brennan answers a question Paul didn’t answer: Whether the CIA Director could order the CIA to use lethal force in the US.

The CIA, of course, conducts covert operations based on Presidential authorization, not CIA Director authorization. And Brennan stopped well short of answering whether the President could authorize the CIA to conduct lethal operations in the US, and whether the Executive Branch believed the President could authorize such strikes based on his own authority. And as I said, Holder quite simply didn’t answer that question at all.

Finally, though, I love the way Eric Holder discusses trials only after talking about using law enforcement — like the FBI — to incapacitate terrorists and other evil-doers twice.

Holder didn’t comment, one way or another, on whether the President could authorize law enforcement authorities to conduct targeted killings in the US. And since the precedents for using lethal force in the white paper are domestic law enforcement cases, that use of lethal force would come with the most cover from legal precedent.

In short, none of these assertions constitutes a denial that a particular agency could, under certain circumstances, could conduct targeted killing in the US. All they say, in conjunction, is that were a targeted killing to be conducted in the US, it would most likely be conducted by law enforcement.

Count Von Count Counts 20 Times the Administration Has Blown Off Targeted Killing Memo Requests

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1 – 2 – 3 – 4 – 5 – 6 – 7 – 8 – 9 – 10 – 11 – 12 – 13 – 14 – 15 – 16 – 17 – 18 – 19 -20

With Bob Goodlatte’s — and several other members of the House Judiciary Committee — renewed requests on Wednesday for the Office of Legal Counsel memos authorizing the targeted killing of American citizens, we have reached a milestone.

20

Members of Congress have asked for the targeted killing memos more than 20 times. And with the exception of the 35 members of the intelligence committees getting a quick peek without staff assistance and (presumably) a more substantial review by members of the Gang of Eight, the Administration has blown off every single one of those 20 requests.

I’ve included the updated timeline below. In addition to the hard count, note two letters from Ted Poe and Trey Gowdy to Eric Holder that don’t specifically ask for the memo, but ask a lot of pretty good questions about drone and other targeted killings.

February 2011: Ron Wyden asks the Director of National Intelligence for the legal analysis behind the targeted killing program; the letter references “similar requests to other officials.” (1)

April 2011: Ron Wyden calls Eric Holder to ask for legal analysis on targeted killing. (2)

May 2011: DOJ responds to Wyden’s request, yet doesn’t answer key questions.

May 18-20, 2011: DOJ (including Office of Legislative Affairs) discusses “draft legal analysis regarding the application of domestic and international law to the use of lethal force in a foreign country against U.S. citizens” (this may be the DOJ response to Ron Wyden).

October 5, 2011: Chuck Grassley sends Eric Holder a letter requesting the OLC memo by October 27, 2011. (3)

November 8, 2011: Pat Leahy complains about past Administration refusal to share targeted killing OLC memo. Administration drafts white paper, but does not share with Congress yet. (4)

February 8, 2012: Ron Wyden follows up on his earlier requests for information on the targeted killing memo with Eric Holder. (5)

March 7, 2012: Tom Graves (R-GA) asks Robert Mueller whether Eric Holder’s criteria for the targeted killing of Americans applies in the US; Mueller replies he’d have to ask DOJ. Per his office today, DOJ has not yet provided Graves with an answer. (6)

March 8, 2012: Pat Leahy renews his request for the OLC memo at DOJ appropriations hearing.(7)

June 7, 2012: After Jerry Nadler requests the memo, Eric Holder commits to providing the House Judiciary a briefing–but not the OLC memo–within a month. (8)

June 12, 2012: Pat Leahy renews his request for the OLC memo at DOJ oversight hearing. (9)

June 22, 2012: DOJ provides Intelligence and Judiciary Committees with white paper dated November 8, 2011.

June 27, 2012: In Questions for the Record following a June 7 hearing, Jerry Nadler notes that DOJ has sought dismissal of court challenges to targeted killing by claiming “the appropriate check on executive branch conduct here is the Congress and that information is being shared with Congress to make that check a meaningful one,” but “we have yet to get any response” to “several requests” for the OLC memo authorizing targeted killing. He also renews his request for the briefing Holder had promised. (10)

July 19, 2012: Both Pat Leahy and Chuck Grassley complain about past unanswered requests for OLC memo. (Grassley prepared an amendment as well, but withdrew it in favor of Cornyn’s.) Leahy (but not Grassley) votes to table John Cornyn amendment to require Administration to release the memo.

July 24, 2012: SSCI passes Intelligence Authorization that requires DOJ to make all post-9/11 OLC memos available to the Senate Intelligence Committee, albeit with two big loopholes.

December 4, 2012: Jerry Nadler, John Conyers, and Bobby Scott ask for finalized white paper, all opinions on broader drone program (or at least a briefing), including signature strikes, an update on the drone rule book, and public release of the white paper.

December 19, 2012: Ted Poe and Tredy Gowdy send Eric Holder a letter asking specific questions about targeted killing (not limited to the killing of an American), including “Where is the legal authority for the President (or US intelligence agencies acting under his direction) to target and kill a US citizen abroad?”

January 14, 2013: Wyden writes John Brennan letter in anticipation of his confirmation hearing, renewing his request for targeted killing memos. (11)

January 25, 2013: Rand Paul asks John Brennan if he’ll release past and future OLC memos on targeting Americans. (12)

February 4, 2013: 11 Senators ask for any and all memos authorizing the killing of American citizens, hinting at filibuster of national security nominees. (13)

February 7, 2013: Pat Leahy and Chuck Grassley ask that SJC be able to get the memos that SSCI had just gotten. (14)

February 7, 2013: In John Brennan’s confirmation hearing, Dianne Feinstein and Ron Wyden reveal there are still outstanding memos pertaining to killing Americans, and renew their demand for those memos. (15)

February 8, 2013: Poe and Gowdy follow up on their December 19 letter, adding several questions, particularly regarding what “informed, high level” officials make determinations on targeted killing criteria.

February 8, 2013: Bob Goodlatte, Trent Franks, and James Sensenbrenner join their Democratic colleagues to renew the December 4, 2012 request. (16)

February 12, 2013: Rand Paul sends second letter asking not just about white paper standards, but also about how National Security Act, Posse Commitatus, and Insurrection Acts would limit targeting Americans within the US.

February 13, 2013: In statement on targeted killings oversight, DiFi describes writing 3 previous letters to the Administration asking for targeted killing memos. (17, 18, 19)

February 20, 2013: Paul sends third letter, repeating his question about whether the President can have American killed inside the US.

February 27, 2013: At hearing on targeted killing of Americans, HJC Chair Bob Goodlatte — and several other members of the Committee — renews request for OLC memos. (20)

Did Susan Collins Switch Parties? Cause She Wanted OLC Memos, Too

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I hate to waste an entire post on this.

But the NYT’s report last night that President Obama was going to capitulate to the Benghazi truthers rather than turn over memos revealing who and where he has been killing people — as well as all the secondary reporting on it — has made this claim.

Rather than agreeing to some Democratic senators’ demands for full access to the classified legal memos on the targeted killing program, Obama administration officials are negotiating with Republicans to provide more information on the lethal attack last year on the American diplomatic compound in Benghazi, Libya, according to three Congressional staff members.

The strategy is intended to produce a bipartisan majority vote for Mr. Brennan in the Senate Intelligence Committee without giving its members seven additional legal opinions on targeted killing sought by senators and while protecting what the White House views as the confidentiality of the Justice Department’s legal advice to the president. It would allow Mr. Brennan’s nomination to go to the Senate floor even if one or two Democrats vote no to protest the refusal to share more legal memos. [my emphasis]

On February 4, Susan Collins was among the 11 Senators who signed a letter asking for “any and all legal opinions that lay out the executive branch’s official understanding of the President’s authority to deliberately kill American citizens.”

Perhaps Collins has been satisfied with the brief glimpse at the two memos it shared with the Committee back on February 7. Perhaps she — the Senator on the Intelligence Committee who asked the best questions about targeted killing efficacy — is not all that interested in the other memos the Administration is hiding, presumably along with uses of targeted killing she isn’t being briefed on. Perhaps she no longer supports the hinted hold-up for national security nominees.

But even on the Senate Intelligence Committee, the call for the targeted killing memos was a bipartisan affair (among those not on the committee, Mike Lee and Chuck Grassley also signed the letter, and Rand Paul sent his own demand for the memos). Heck, once upon a time, John Cornyn wanted to legislatively demand the memos.

Demanding that the President reveal what kind of targeted killing programs it supports is no hippie fetish. It is something that members of both parties have supported.

Targeted Killing Timeline

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A timeline!

I’ve been working on this timeline for almost nine months, trying to pull together the known dates about strikes against Americans, the evidence supporting the strike against Anwar al-Awlaki, the legal cases surrounding both targeted killing and torture, to which targeted killing is linked via the Memorandum of Notification, and Congressional efforts to exercise oversight.

September 17, 2001: George Bush signs Memorandum of Notification (henceforth, Gloves Come Off MON) authorizing a range of counterterrorism techniques, including torture and targeted killing.

September 18, 2001: Congress passes the Authorization to Use Military Force.

November 3, 2002: US citizen Kamal Derwish killed in drone purportedly targeting Abu Ali al-Harithi.

Late 2008: Ruben Shumpert reported killed in Somalia.

June 24, 2009: Leon Panetta gets briefed on assassination squad program.

June 26, 2009: HPSCI passes a funding authorization report expanding the Gang of Eight briefings.

July 8, 2009: The Administration responds with an insulting appeal to a “fundamental compact” between Congress and the President on intelligence matters.

July 8, 2009: Silvestre Reyes announces CIA lied to Congress.

October 26, 2009: British High Court first orders British government to release language on Binyam Mohamed’s treatment.

October 28, 2009: FBI kills Imam Luqman Asmeen Abdullah during Dearborn, MI arrest raid.

October 29, 2009: Hearing on declassifying mention of Gloves Come Off MON before Judge Alvin Hellerstein; in it, Hellerstein reveals NSA James Jones has submitted declaration to keep mention of MON secret.

November 5, 2009: Nidal Hasan attacks Fort Hood, killing 13.

December 24, 2009: JSOC tries but fails to hit Anwar al-Awlaki. On that day, the IC did not yet believe him to be operational.

December 25, 2009: With Umar Farouk Abdulmutallab attack, FBI develops full understanding of Awlaki’s operational goals.

January 2, 2010: In conversation with David Petraeus, Yemeni President Ali Abdullah Saleh http://www.cablegatesearch.net/cable.php?id=10SANAA4“>speaks as if Awlaki, whom he refers to as a cleric, not an AQAP member, was a designated target of December 24 attack.

Read more →

Alleged Wacko Rand Paul Asks Serious Questions about Targeted Killings

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TDS cites emptywheel for its Targeted Killing Memos request tally.

TDS cites emptywheel for its Targeted Killing Memos request tally.

The Politico went to some effort, it seems, to dismiss Rand Paul’s concerns about the drone program (as well as his threat to hold John Brennan’s nomination if and when it gets out of the Senate Intelligence Committee).

But Paul’s two letters on the subject are actually far more serious than those mocking them make out (the first one also brings the tally of congressional requests for the targeted killing memos to 19).

For example, Paul is one of the few people asking any questions about non-US citizens.

Do you believe that the president has the power to authorize lethal force, such as a drone strike, against a U.S. citizen on U.S. soil? What about the use of lethal force against a non-U.S. person on U.S. soil?

He also asks how the National Security Act and Posse Comitatus might play into a domestic strike.

Do you believe that the prohibition on CIA participation in domestic law enforcement, first established by the National Security Act of 1947, would apply to the use of lethal force, especially lethal force directed at an individual on a targeting list, if a U.S. citizen on a targeting list was found to be operating on U.S. soil? What if the individual on the targeting list was a non-U.S. person but found to be operating on U.S. soil? Do you consider such an operation to be domestic law enforcement, or would it only be subject to the president’s wartime powers?

[snip]

Do you believe that the Posse Comitatus Act, or any other prohibition on the use of the military in domestic law enforcement, would prohibit the use of military hardware and/or personnel in pursuing terrorism suspects—especially those on a targeting list—found to be operating on U.S. soil? If not, would you support the use of such assets in pursuit of either U.S. citizen or non-U.S. persons on U.S. soil suspected of terrorist activity?

And (here in his first letter to Brennan) Paul asks the seemingly unspeakable question: how 16 year old American citizen Abdulrahman al-Awlaki came to be killed by a US drone.

What role did you play in approving the drone strike that led to the death of the underage, U.S. citizen son of Anwar al-Awlaki? Unlike his father, he had not renounced his U.S. citizenship. Was the younger al-Awlaki the intended target of the U.S. drone strike which took his life? Further, do you reject the subsequent claim, apparently originating from anonymous U.S. government sources, that the young man had actually been a “military age male” of 20 years or more of age, something that was later proven false by the release of his birth certificate?

Paul even asks a question limited largely to Yemen experts — whether or expanding campaign there is really about counterinsurgency rather than counterterrorism.

Is the U.S. drone strike strategy exclusively focused on targeting al Qaeda, or is it also conducting counterinsurgency operations against militants seeking to further undermine their government, such as in Yemen?

Finally, Paul slips this question in, which has nothing to do with targeted killings, but has everything to do with Brennan’s seeming disinterest in the privacy of the American people.

Do you support the Attorney General’s 2012 guidance to the NCTC that it may deliberately collect, store, and “continually assess” massive amounts of data on all U.S. citizens for potential correlations to terrorism, even if the U.S. citizens targeted have no known ties to terrorism?

Now, to Politico this may be a big game. But Paul is asking a lot of questions that no one else in DC is asking (note: he may have more leeway to ask such questions than, say, Ron Wyden, who has presumably been read into some of these answers).

Which is, I guess, how the Village now defines wacko: those people who asks the questions they’re too afraid to ask.

Kerry Resists Rand Paul on Pakistan Funding Question

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

At his confirmation hearing yesterday before the Senate Foreign Relations Committee, John Kerry, who has been nominated by President Obama to be the next Secretary of State, engaged in nearly ten minutes of discussion with Senator Rand Paul (R-KY). Paul managed to come off as not nearly as batshit insane as he sounds while campaigning (although Kerry did have to say “let me finish” several times), and actually came very close to making a good and substantial point. While discussing the issue of providing arms to Egypt, Paul mentioned the long history of the US supporting and providing arms to a series of groups including the mujahideen and even Osama bin Laden. I say Paul came close to making a good point because this part of his commentary was framed around these groups coming back to pose a threat to Israel. Paul could have made a very important point had he framed the discussion as part of the bigger issue of the blowback when these groups, especially bin Laden, set their sites sights on the US after being funded by us as “the enemy of my enemy”. Kerry did a fine job of ending this part of the exchange, by stating that answer to the issue of arming various parties is to “make peace”.

In the final third of the video above, Paul moves to the question of relations with Pakistan. I didn’t get to watch the hearing live and haven’t yet found a transcript, but at least in the questions Paul had about Pakistan, I find myself wishing different questions had been asked. Regarding Pakistan, I would have asked Kerry if his idea of diplomacy is represented by his actions in the Raymond Davis affair, when Kerry went to Pakistan to lobby for Davis’ release and smuggled out of Pakistan the driver of the diplomatic vehicle that struck and killed a Pakistani civilian while attempting to rescue Davis from the site where he had shot and killed two Pakistanis. I also would have asked Kerry what steps he had taken personally to follow up on his pledge to Pakistan that Davis would be subject to a criminal investigation for the killings in Lahore.

Instead, Paul asked Kerry whether he would condition financial aid to Pakistan on the release of Dr. Shakeel Afridi. Neither Paul nor Kerry mentioned or condemned the vaccination ruse in which the CIA employed Afridi or the damage that ruse has done in terms of reduced polio vaccination rates and murdered health workers who were administering the polio vaccine. Instead, both lamented that someone who had helped the US to find bin Laden would find himself in jail. Kerry, however, stated that withholding aid would be the wrong approach. From the New York Times:

On Pakistan, Mr. Kerry said he had talked to Pakistani leaders about the Pakistani doctor who has been imprisoned for assisting the C.I.A.’s effort to track Osama bin Laden.

“That bothers every American,” said Mr. Kerry, who said that he was nonetheless opposed to cutting aid. “We need to build our relationship with the Pakistanis, not diminish it,” he said.

Dawn went into more detail on the exchange:

It was Senator Rand Paul, a new Republican face in the committee, who suggested cutting US aid to Pakistan “if they do not release Dr Shakil Afridi” who, he said, was imprisoned for helping the CIA in locating Osama bin Laden. The Al Qaeda leader was killed in a US military raid on his compound in Abbottabad on May 2, 2011.

Mr Kerry informed the senator that he had discussed this issue directly with President Asif Ali Zardari and Pakistan’s Army Chief Gen Ashfaq Pervez Kayani and like most Americans found it “incomprehensible if not repugnant, that somebody who helped us find Osama bin Laden is in jail in Pakistan”.

And “that bothers every American,” he added.

The senior US lawmaker, who stayed engaged with both Pakistan and Afghanistan as President Obama’s informal emissary during his first term, urged Senator Paul to also look at what the Pakistanis say.

“Pakistanis make the argument Dr Afridi did not know what he was doing, who he was specifically targeting … it was like a business for him,” he said, adding that this was no excuse for keeping the physician in jail.

But he said that he would stay engaged with Pakistan rather than resorting to “a pretty dramatic, draconian, sledge-hammer” approach of cutting US aid to the country Senator Paul had suggested.

This discussion by Paul and Kerry of Afridi is the first time in several weeks that Afridi’s name has resurfaced. I still think it likely that Afridi will disappear from the jail where he is now held. The only question is whether he will reappear in the US (where people like Rand Paul and Dana Rohrabacher will certainly want to take him on tour with them in a victory lap) or just disappear entirely.

Did Fox News Really Interview Dr. Shakeel Afridi From Peshawar Central Jail?

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In a remarkable development, Fox News published a story Monday based on an interview Dominic Di-Natale says he conducted with Dr. Shakeel Afridi, the doctor who aided the CIA’s search for Osama bin Laden in Pakistan. As I had described back in June, Afridi now is in the central jail in Peshawar, but local authorities there have been asking the federal government to find a safer place for Afridi to be imprisoned, because it is feared that militants will attack Afridi to exact revenge for the aid he provided in the bin Laden mission.

Prior to his trial earlier this year, it is believed that Afridi was detained by Pakistan’s intelligence agency, the ISI. In the Fox story, Afridi is quoted as saying that the ISI is merely manipulating the US to obtain funding for Pakistan:

Pakistan’s powerful spy agency regards America as its “worst enemy,” and the government’s claims that it is cooperating with the US are a sham to extract billions of dollars in American aid, according to the CIA informant jailed for his role in hunting down Usama bin Laden.

/snip/

“They said ‘The Americans are our worst enemies, worse than the Indians,’” Afridi, who spoke from inside Peshawar Central Jail, said as he recalled the brutal interrogation and torture he suffered after he was initially detained.

Pakistan, and especially the ISI, vigorously denies that the interview could have taken place:

The ISI rubbished as ‘fiction’ on Tuesday a reported interview by a US TV channel of jailed Dr Shakeel Afridi, allegedly involved in tracing Al Qaeda chief Osama bin Laden.

“There is no evidence to suggest that Fox News correspondent had interviewed Dr Afridi,” a senior security official said after preliminary investigations.

“It is all concocted and baseless,” he said as he laughed off the claims made in the interview. “It’s amusing how well he (as reported in the interview) learnt about ISI operations from the cell in which he was kept blindfolded for eight months, as claimed by him,” he added.

The jail in which he has been lodged has ‘jammers’ that block cellphone signals, another official said.

At yesterday’s press briefing at the State Department, Victoria Nuland said that the authenticity of the interview has not yet been determined:

QUESTION:Staying on Pakistan, I wondered if State Department’s had a chance to review a supposed interview that Dr. Afridi has given to Fox News and whether you think it’s credible.

MS. NULAND: Well, frankly, we can’t at this point verify the authenticity of the interview. Read more →

Time to End the War in Iraq

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The War Powers Resolution 6-Month Report has gotten unusual attention because it officially announces we’re at war in Yemen and Somalia (though I suspect the Administration has only finally officially announced we’re at war against al Qaeda in Yemen precisely because we’re not, just).

While everyone’s looking, let’s look more closely at this bit:

MILITARY OPERATIONS IN IRAQ

The United States completed its responsible withdrawal of U.S. forces from Iraq in December 2011, in accordance with the 2008 Agreement Between the United States of America and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and the Organization of Their Activities during Their Temporary Presence in Iraq.

Jeebus pete. Can’t we avoid propaganda like “responsible withdrawal” in even these bureaucratic communications? (Or “working closely with the Yemeni government to operationally dismantle … AQAP”?)

Nevertheless, even dripping with propagandistic language as it is, this passage seems to be official notice to Congress that the war in Iraq is over, done, kaput.

So now can we repeal the Iraq AUMF?

As you’ll recall, over six months ago, Rand Paul proposed an amendment to repeal the still-active Iraq AUMF. It failed miserably, 30-67. During the debate on it, a bunch of reasonable Democrats (and all the usual suspect unreasonable ones) stood up and blathered on about why we need an AUMF for a war that is over. If you asked now they’d probably point to the bad crowd Iraq is hanging out with in OPEC circles.

Iran and Iraq are forming a strengthening alliance inside Opec, raising concerns among moderate Arab Gulf producers like Saudi Arabia and increasing the potential for discord in the oil producers’ group.

[snip]

A particular bone of contention was a proposal by Venezuela – backed by other Opec hardliners like Iran, Iraq and Algeria – that the group should protest against the EU sanctions against Tehran over its nuclear programme. The move was rebuffed by Saudi Arabia and other moderates including Nigeria, Libya and Kuwait, who argued that such protests were the preserve of foreign ministers, not oil ministers.

(Yes, you read that right: Saudi Arabia is considered a “moderate” state in this context.)

Or they’d point to the series of bombings al Qaeda in Iraq has claimed credit for recently.

But the real reason they won’t repeal an AUMF for a war that has officially ended is because that AUMF expands the authority to fight terrorism beyond simply al Qaeda to whatever “terrorist” groups the President claims is in armed conflict with and poses a threat to the US. Indeed, in Mark Udall’s effort to “fix” the NDAA, he even suggested the Iraq War AUMF pertained to “covered persons” who could be detained indefinitely under that law.

I know it sounds funny, having to insist on ending a war the Administration just informed Congress is over. But it’s not over.

A Tale of Two Senators: Feinstein Calls for Apology to Pakistan, Paul Attempts to Defund

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You know that things are truly screwed up regarding US policy on Pakistan when the “best of Senators” is Dianne Feinstein, but it’s hardly surprising that Rand Paul would step up in the Senate to carry Dana Rohrabacher’s sentiments forward and attempt to cut all funding from Pakistan until Dr. Shakeel Afridi is released.

First, the good news from Feinstein. While many in Washington were getting overheated in response to a cost estimate finally being attached to the closure of NATO supply routes through Pakistan ($100 million a month), Dianne Feinstein made the courageous observation that the US could likely move ahead through the current diplomatic standoff with Pakistan by issuing a simple apology over the Salala raid:

A senior US lawmaker said on Wednesday that apologising to Pakistan over the Salala incident would improve Washington’s relations with a key ally.

“National security of the US will be better served with a positive relationship with Pakistan,” Senator Dianne Feinstein told a Senate hearing on budget priorities for 2013.

The Senator, who chairs the Senate Intelligence Committee, observed that both sides made mistakes in handling the Nov 26 incident, which caused the death of 24 Pakistani soldiers in a US air raid.

/snip/

Senator Feinstein noted that the dispute over the supply lines could be solved “with some civilian acceptance of the mistakes” the US had made.

Such an acceptance could also lead to the reopening of Nato supply lines, she said, adding that “it would do well to apologise” for the mistakes made.

Pakistan’s ambassador to the US was very quick to respond to this overture:

“We appreciate Senator Feinstein for showing the way forward in normalising ties in a relationship that is important to both sides and critical for stabilising the region,” said Pakistan’s Ambassador Sherry Rehman while welcoming the gesture.

Rehman’s time in Washington this week has been difficult, as seen by Rand Paul’s attempt at “diplomacy”:

US Senator Paul Rand was blocked from attaching an amendment to the farm bill that would withhold US aid to Pakistan.

The amendment would have defunded US aid to Pakistan until the country frees an imprisoned doctor, who worked for CIA in hunt for al Qaeda chief Osama bin Laden.

Rehman was happy for the move to block Paul’s action, but it appears that her task is doomed: Read more →

Day of Surprises in Afridi Case: Conviction Not Related to CIA Help; Ignatius Chastises CIA

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There are many developments today surrounding Pakistan’s sentencing of Dr. Shakeel Afridi to 33 years in prison, including two that are quite unexpected. According to documents released today to multiple news agencies, it turns out that Afridi’s conviction is not on the treason charges relating to his work with the CIA in finding Osama bin Laden that many thought were the basis of the charges against him. Instead, the documents indicate that Afridi was convicted for aiding the outlawed group Lashkar-e-Islam, which is said to be in open conflict with Pakistan. Equally unexpected is today’s column by CIA spokesman reporter columnist David Ignatius in the Washington Post where he chastises the CIA for using Afridi in a vaccination ruse, citing the resultant danger to public health as vaccination programs come more generally under suspicion in the areas where they are needed most urgently.

Reuters gives us the basics on the documents released today by the court:

A Pakistani doctor who helped the United States find Osama bin Laden was imprisoned for aiding militants and not for links to the CIA, as Pakistani officials had said, according to a court document released on Wednesday.

Last week, a court in the Khyber tribal region near the Afghan border sentenced Shakil Afridi to 33 years in jail. Pakistani officials told Western and domestic media the decision was based on treason charges for aiding the CIA in its hunt for the al Qaeda chief.

But in the latest twist in the case, the judgment document made available to the media on Wednesday, states Afridi was jailed because of his close ties to the banned militant group Lashkar-e-Islam, which amount to waging war against the state.

Dawn fills in more details:

The order said intelligence reports had indicated that the accused had close links with the defunct LI and “his love for Mangal Bagh, Amir of Lashkar-i-Islam, and his association with him was an open secret”.

Referring to the report submitted by the JIT, it said the accused had paid Rs2 million to LI when he was serving at the Tehsil Headquarters Hospital Dogra, Bara, Khyber tribal region.

The court also accused Mr Afridi of providing medical assistance to militant commanders like Said Noor Malikdinkhel, Hazrat Sepah, Wahid Shaloberkhel and others at the hospital which he headed.

It also referred to statements by some people that militant commanders used to visit the hospital and hold private meetings with the accused. “These meetings were usually of longer duration and most often those meetings were followed by attacks by militants on security forces’ checkposts and other places at night,” the order read.

It said LI’s design to wage war against the state of Pakistan was a reality known to all and that those attacks were planned in the office of the accused. Being a public servant, the involvement of the accused in subversive activities and his role in facilitating the waging of war and attacks on security forces made him liable to be proceeded against, it added.

There is one more point that stands out in the Dawn article: Read more →