William Webster Meets Edward Snowden, IRTPA, Roving Wiretaps, and the Phone Dragnet

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For a post on back-door searches, I’m re-reading the William Webster report on whether the FBI could have anticipated Nidal Hasan’s attack. In the light of the Edward Snowden disclosure, I’m finding there are a number of passages that read very differently (so expect this to be a series of posts).

As you read this, remember two things about Webster’s report. First, FBI and NSA’s failure to find Umar Farouk Abdulmutallab in spite of texts he sent to Anwar al-Awlaki was probably prominent on the Webster team’s mind as they completed this (and surely factors significantly in the classified version of the SSCI report on the UndieBomb). So some of the comments in the Webster report probably don’t apply directly to the circumstances of Nidal Hasan, but to that (and Webster notes that some of the topics he addresses he does because they’re central to counterterrorism approaches). And the Webster report is perhaps the most masterful example of an unclassified document that hides highly classified background.

All that said, in a section immediately following Webster’s description of Section 215, Webster discusses how Roving Wiretaps, Section 6001 of IRTPA, and Section 215 were all reauthorized in 2011.

When FISA was passed in 1978, the likely targets of counterterrorism surveillance were agents of an organized terrorist group like the Red Brigades, the Irish Republican Army, or the Palestinian terrorist organizations of that era. Given the increasing fluidity in the membership and organization of international terrorists, the FBI may not be able to ascertain a foreign terrorist’s affiliation with an international organization. Section 6001 of the Intelligence Reform and Terrorist Prevention Act of 2004 (IRTPA) allows the government to conduct surveillance on a non-U.S. person who “engages in international terrorism or activities in preparation therefor” without demonstrating an affiliation to a particular international terrorist organization. Pub. L. 108-458, § 6001, 118 Stat. 3638, 3742 (2004).

Sections 206 and 215 of the PATRIOT Act and Section 6001 of IRTPA were scheduled to “sunset” on December 31, 2009. In May 2011, after an interim extension, Congress extended the provisions until June 1, 2015, without amendment. [my emphasis]

I find this interesting, first of all, because it doesn’t mention the Pen Register and Lone Wolf language that also got reauthorized in 2011 (suggesting he lumped these three together for a specific reason). And because it puts the language, “engages in international terrorism or activities in preparation therefor” together with roving wiretaps (“continuous electronic surveillance as a target moves from one device to another”), and Section 215, which we now know includes the phone dragnet.

As we’ve seen, DiFi’s Fake FISA Fix includes the language from IRTPA, on “preparation therefor,” which I thought was an expansion of potential targets but which I presume now is what they’ve been using all along. While I don’t recall either the White Paper nor Claire Eagan’s language using that language, I’m wondering whether some underlying opinion does.

Now consider how the roving wiretap goes with this. One reason — probably the biggest reason — they need all phone records in the US is so they can use it to find targets as they move from one burner cell phone to another. Indeed, one passage from DiFi’s Fake FISA Fix seems specifically designed to authorize this kind of search.

(C) to or from any selector reasonably linked to the selector used to perform the query, in accordance with the court approved minimization procedures required under subsection (g).

That language “reasonably linked” surely invokes the process of using algorithms to match calling patterns to calling patterns to find a target’s new phone. And note this is the only query that mentions minimization procedures, so the Court must have imposed certain rules about how you treat a new “burner” phone ID until such time as you’ve proven it actually is linked to the first one.

What’s interesting, though, is that the Webster report also lumps roving wiretaps in with this. What’s at issue in Nidal Hasan’s case was effectively roving electronic communication; he emailed Awlaki from several different email addresses and one of the problems FBI had was in pulling up Hasan’s communications under both identities (you can see how this relates to the back door loophole). But the inclusion of roving wiretaps here seems to suggest the possibility that a court has used the existing of roving wiretap approval for the use of the phone dragnet to find burner phones (which shouldn’t have been an issue in the Nidal Hasan case but probably was for Abdulmutallab).

One more comment? The notion that identifying an Al Qaeda target is any harder than identifying an IRA-affiliate is utter nonsense. If anything, US-based IRA affiliates were harder to identify because they were completely and utterly socially acceptable. But I guess such myths are important for people advocating more dragnet.

Crazy Posturing Over Hakimullah Mehsud Drone Killing Drowns Out Key Question: Why Now?

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We are awash in analyses of the drone killing on Friday of Hakimullah Mehsud, who was the leader of Pakistan’s Taliban. Declan Walsh in the New York Times captures much of the puzzlement in the DC establishment over why Pakistan is responding not with celebration that Mehsud is dead, but with sharp questions for the US over yet another violation of Pakistani sovereignty. Walsh’s quote from Bill Roggio sums it up perfectly (under a headline of “In Pakistan, Drone Strike Turns a Villain Into a Victim”):

Virtually nobody openly welcomed the demise of Mr. Mehsud, who was responsible for the deaths of thousands of Pakistani civilians. To some American security analysts, the furious reaction was another sign of the perversity and ingratitude that they say have scarred Pakistan’s relationship with the United States.

“It’s another stab in the back,” said Bill Roggio, whose website, the Long War Journal, monitors drone strikes. “Even those of us who watch Pakistan closely don’t know where they stand anymore. It’s such a double game.”

And Christine Fair provided another nuanced take on Mehsud:

Christine Fair, a South Asia expert at Washington DC’s Georgetown University, claimed there was little prospect of the proposed talks achieving anything.

“The Taliban killed 40,000 people. What lunatic thought there would be peace talks,” she said. “The American taxpayer is again taking out Pakistan’s terrorist garbage.”

Not to be outdone, Mike Rogers chimed in on Sunday:

Representative Mike Rogers, who chairs the House of Representatives’ permanent intelligence committee, said the slain militant, Hakimullah Mehsud, was a “bad guy” who was connected to attacks against Pakistani soldiers and to the Taliban in Afghanistan, which has forced closures of many schools for girls.

“This was a bad guy,” Rogers said on CBS’ “Face the Nation.”

“There’s some information recently that concerned us about the safety of our troops. I feel a little better for our troops today than I did before this event happened.”

But all of this bleating about “wrongful mourning” threatens to drown out a very important point. Pakistan’s Interior Minister Chaudhry Nisar Ali Khan held a press conference on Saturday. Dawn provides some coverage of his comments:

Speaking to both local and foreign media today, Nisar said the identity of those killed in the drone strike was irrelevant. “The government of Pakistan does not see this drone attack as an attack on an individual but as an attack on the peace process,” he said.

The interior minister said a three-member committee, comprising of Islamic clerics, was scheduled to leave for a meeting with the Tehrik-i-Taliban Pakistan (TTP) leadership on Saturday morning.

Claiming that TTP leadership including Hakimullah was aware of the meeting, he said he had written and telephonic records of recent correspondence between the government and the militant outfit.

/snip/

Chaudhry Nisar questioned timings of the Hakimullah’s killing by the US asking why he was targeted just a day before the talks. “Can this be called supporting peace initiative?”

Most press accounts of Nisar’s press conference include a reference to Nisar questioning the timing of the strike. But on Twitter yesterday, Arif Rafiq provided more details after reviewing a video of the press conference. It appears that Nisar went on to suggest that US interest in attacking Mehsud was only very recent and that previous opportunities to strike him had been bypassed: Read more →

How Ridiculous is Pakistan’s New Civilian Drone Victim Estimate? Terrorist Okra-Picking Grandma!

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On October 24, 2012, Nabila Rehman, who was eight years old at the time, was helping her grandmother pick vegetables in the family’s garden in North Waziristan. Here is her description of what happened next:

[youtuber youtube=’http://www.youtube.com/watch?v=ZDlvGqQ7VUo’]
Remarkably, Pakistan’s government has now indirectly called Nabila’s grandmother, Mamana Bibi, a terrorist. That is because the government has released new figures, radically revising downward their estimate of civilians killed in US drone strikes in Pakistan. They must be calling Bibi a terrorist, because the figures claim that there were zero civilian casualties in 2012. Amnesty International provides many more details (pdf) on the strike that killed Bibi and on another strike in 2012 that killed eighteen civilian workers.

Here is Declan Walsh writing in the New York Times on the new figures from Pakistan:

In a surprise move, Pakistan’s government on Wednesday sharply revised downward its official estimate of civilian casualties caused by American drone strikes in the tribal belt, highlighting again the contentious nature of statistics about the covert C.I.A. campaign.

The Ministry of Defense released figures to lawmakers saying that 67 civilians were among 2,227 people killed in 317 drone strikes since 2008. The remainder of those killed were Islamist militants, the ministry said.

/snip/

Recently, a United Nations special rapporteur on human rights and counterterrorism, Ben Emmerson, said that the Pakistani government had reported at least 400 civilian deaths since the drone campaign started in 2004.

In an email, Mr. Emmerson noted that the revised figures were “strikingly at odds” with those he had been given earlier by the Pakistani Foreign Ministry and said he would be writing to the government seeking clarification.

“It is essential that the government of Pakistan now clarify the true position,” he said.

BBC gives us the directly comparable figures from The Bureau for Investigative Journalism:

The latest figures released by Pakistan differ dramatically from previous estimates, but no explanation was given for the apparent discrepancy.

London’s Bureau of Investigative Journalism, which researches Pakistan drone strikes, told the BBC it estimated based on reports that between 308 and 789 civilians had died since 1 January 2008 (of between 2,371 and 3,433 total deaths).

Since 2008 then, Pakistan has now revised their civilian death toll estimate down to 67 during a period when TBIJ documents a minimum of 308 civilian deaths and as many as 789. Somehow, Pakistan has reclassified several hundred deaths from civilian to terrorist. And among them is Mamana Bibi, who is now a terrorist okra-picking grandmother. [That one hits me especially hard; I have fond memories of my grousing about how itchy the okra plants were when I picked okra with my grandfather in his garden.]

Tom Hussain and Jonathan Landay at McClatchy sum up the response to this announcement by Pakistan: Read more →

Peace Initiative Gains Momentum in Afghanistan Despite Lack of Participation by US

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Last week, Pakistan’s Prime Minister Nawaz Sharif visited Washington, DC for a series of meetings. The final press appearance by Sharif and Barack Obama was noted by the New York Times to be somewhat awkward as Sharif paid whispered lip service to Pakistani objections to drone attacks while Obama ignored the topic entirely. The joint appearance was quickly overshadowed by release of an article from Greg Miller and Bob Woodward leaking a number of documents relating to the drone program. Both Marcy and I commented on the release and what it could mean.

The concept of the end of the war in Afghanistan got a bit of a mention in the Times article on Sharif’s visit:

With the United States’ winding down the Afghan war, Mr. Obama reminded Mr. Sharif of the importance of a stable, sovereign Afghanistan. American officials have long been suspicious of links between the Pakistani military and militant groups like the Haqqani network, which has carried out attacks on Westerners in Afghanistan.

For its part, the Sharif government has signaled an interest in negotiating with the Pakistani Taliban, a process that analysts said the United States should encourage.

But heaven forbid that Afghanistan should attempt to talk with Pakistan’s Taliban. Recall that earlier this month, the US snatched a high-ranking figure of the Pakistan Taliban from Afghan security forces as they were bringing him to a meeting. The cover story at the time from Afghanistan was to suggest that they were attempting to start peace talks with Latif Mehsud. An article in yesterday’s New York Times suggests that Afghanistan actually intended to work with Mehsud to develop a sort of alliance with the Pakistan Taliban and to use them as a pressure point against Pakistan’s government. What intrigues me most about this possibility is that Afghanistan claimed that this tactic was merely an imitation of what the US has done repeatedly in Afghanistan:

Another Afghan official said the logic of the region dictated the need for unseemly alliances. The United States, in fact, has relied on some of Afghanistan’s most notorious warlords to fight the insurgency here, the official tartly noted.

“Everyone has an angle,” the official said. “That’s the way we’re thinking. Some people said we needed our own.”

Afghan officials said those people included American military officers and C.I.A. operatives. Frustrated by their limited ability to hit Taliban havens in Pakistan, some Americans suggested that the Afghans find a way to do it, they claimed.

So Afghanistan’s intelligence agency believed it had a green light from the United States when it was approached by Mr. Mehsud sometime in the past year.

Just in case you’ve forgotten, the last time we checked, the most notorious warlord war criminal of them all, Rashid Dostum, was still getting about $100,000 every month from the US while also drawing a salary as Karzai’s Army Chief of Staff. Coupling that with the Petraeus plan of incorporating the worst militias directly into the death squads of the Afghan Local Police while providing them support from the CIA and JSOC, and we can see why Afghanistan would feel that there are zero moral constraints on working with groups having a violent tendency.

But apparently in the Calvinball playing field of Afghanistan, only the US is allowed to make shadowy alliances, and so the US snatched Mehsud away from Afghanistan before any alliance could be formed. But even if we chalk that move up to an honest move to take a noted terrorist out of action, US behavior on other fronts relating to Afghanistan and Pakistan still continue to illustrate that the only US priorities are more military action in Afghanistan and more drone strikes in Pakistan.

Sharif’s next stop after Washington was London. But instead of awkward public appearances, the UK has instead set up meetings for Sharif directly with Hamid Karzai: Read more →

Who Is Behind Latest Iran-Pakistan Border Incident? Who Benefits?

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Before diving into Friday night’s border incident where fourteen Iranian border guards were killed and Iran retaliated the next morning by hanging sixteen prisoners already in detention, we need to look back at the important events surrounding other such outbreaks of violence at the Iran-Pakistan border.

On January 1 of 2012, Pakistan detained three Iranian border guards whom they claimed had crossed into Pakistan. Details of the event were sketchy, but Iran claimed the guards were chasing drug smugglers and most of the stories on the event brought up the likely involvement of the group known as Jundallah. Less than two weeks later, a prominent Iranian nuclear scientist was assassinated on January 11. Only two days after that event, the famous “false flag” article by Mark Perry appeared in Foreign Policy, making the remarkable claim that Mossad agents were posing as CIA agents while recruiting members of Jundallah for operations including assassinations.  Marcy had a series of three posts (one, two, three) delving into the many implications surrounding the false flag accusation. Another border incident then happened in late January, where six “Pakistanis” were killed by Iranian border agents, but there was a lot of confusion over just who the victims were, including their nationality.

Here is how Reuters first broke the news Saturday on this latest incident:

Fourteen Iranian border guards were killed and three others captured by “bandits” on the southeastern frontier with Pakistan overnight, Iranian media reported on Saturday.

In response, the Iranian judiciary executed 16 people it said were elements of “terrorist” groups, according to the ISNA news agency. There were no further details of who they were or whether or when they had been tried.

A follow-up story by Dawn from Sunday has more details, with the identity of the attackers unknown (but Jundallah is still mentioned prominently in the article):

It was still unclear whether the attackers were drug smugglers or armed opposition groups.

However, Iran’s Deputy Interior Minister Ali Abdollahi called on the Pakistani government to “take measures to control the border more seriously.”

Pakistan’s charge d’affaires was received at the Iranian foreign ministry to receive an official demand that Islamabad “act firmly with officials and members of terrorist groups who have fled to Pakistani territory,” IRNA reported.

The Dawn article also notes a second, separate border incident on Sunday in which one Pakistani was killed and four others were wounded.

Responsibility for the attack has now been claimed by a group known as Jeish Al-Adl:

A little-known Iranian Sunni group says it carried out the killing of 14 border guards on Friday night.

Jaish al-Adl said the attack was in retaliation for an alleged Iranian “massacre” in Syria and the “cruel treatment” of Sunnis in Iran.

Iran is now saying that they are a subgroup within Jundallah:

14 Iranian border guards were killed and 6 more were injured during the terrorist attack in Saravan border region in Southeastern Iran in the early hours of Saturday morning. The terrorists who have reportedly been members of the outlawed Jeish Al-Adl radical Sunni Wahhabi movement affiliated to the terrorist Jundollah group fled into Pakistan after the operation in Iran’s Southeastern Sistan and Balouchestan province.

It seems quite interesting to me that Iran would point out the “radical Sunni Wahhabi” connection of the group they are blaming. Of course, the primary sponsor of “radical Sunni Wahhabi” teachings is Saudi Arabia through their madrassas. But Iran seems to be dancing around an outright referral to Saudi involvement in this attack, even though it would make sense since we know that Bandar is now very upset both with the US “failure” to launch a strike on the Assad regime in Syria and the US diplomatic push toward Iran. This same Fars News article doesn’t name names, but refers to “two countries” providing financial support and “three countries” providing intelligence and equipment to them: Read more →

The Dog Ate Charles McCullough’s Homework

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Let’s take the narrative the Federal Government wants to tell us about the Boston Marathon attack.

Both FBI and CIA got tips from Russia in early- and mid-2011 implicating Tamerlan Tsarnaev in extremism which FBI, which appropriately has jurisdiction, investigated and entered into the relevant databases accessible to Joint Terrorism Task Force partners.

Later that year, the government alleges (based on the word of a guy they killed immediately thereafter), Tamerlan and Ibragim Todashev — and possibly Tamerlan’s brother Dzhokhar — knifed three friends and associates to death on 9/11 while they waited for pizza from a place the brothers may have once worked; while several of the people on both sides of that killing were involved in selling drugs, the presumed motive for that killing (especially given the date) pertains to Islamic extremism, not a drug and money dispute, in spite of or perhaps because of the pot and money left at the scene. After the killing, Tamerlan disappeared from the scene in Cambridge and was never interviewed by the cops. Senate Intelligence Committee members allege Russia passed on another warning about Tamerlan after October 2011, though the FBI insists it kept asking for more information to no avail.

The next year, Tamerlan left for Russia and Chechnya and Dagestan, but the Homeland Security dragnet missed him because Aeroflot misspelled his name (an issue that contributed to their missing the UndieBomb, too; Russia’s original tip to the FBI had gotten his birthdate wrong). While in Russia, Tamerlan met a bunch of Chechen extremists, several of whom were killed shortly after he met them. Then, Tamerlan returned to Boston, and he and his brother made some bombs out of pressure cookers and fireworks in his Cambridge flat (testimony of their cab driver notwithstanding), and then set them off near the finish line of the Boston Marathon, killing 3 and maiming hundreds.

In spite of the thousands of videos of the event, FBI’s prior investigation, and immigration records on the brothers including pictures, the government’s facial recognition software proved unable to find them (in spite of claims “FBI” officials were asking around Cambridge already), so the government released their pictures and set off a manhunt that resulted in Tamerlan’s death and the arrest of Dzhokhar.

That’s the story, right?

Two weeks after the attack, James Clapper tasked the Intelligence Community Inspector General, Charles McCullough, with investigating the attack to see if it could have been prevented (note, after the 2009 UndieBomb attack, the Senate Intelligence Committee conducted such an investigation but I’ve heard no peep of them doing so here). Also involved in that investigation are DOJ, DHS, and CIA’s IG, but not NSA’s IG, in spite of the fact that the Russians, at least, reportedly intercepted international texts implicating Tamerlan in planning jihad (though there’s no reason to believe the non-US side of those texts — a family member of the brothers’ mother — would have been a known CT target). (Note that, even as McCullough has been conducting this investigation, which ultimately involves information that has been leaked to the press, James Clapper has him conducting investigations into unauthorized leaks — does anyone else see the huge conflict here???)

Back on September 19 (perhaps not coincidentally the day after Ibragim Todashev’s friend Ashurmamad Miraliev was arrested in FL and questioned for 6 hours without a lawyer), McCullough wrote Congress to tell them that because “information relevant to the review is still being provided to the review team,” the review would be indefinitely delayed.

According to the BoGlo, McCullough is offering a new excuse for further delay: the shutdown.

Officials said the shutdown has hampered various agencies’ ability to conduct interviews, undertake research, or pay support personnel who are responsible for reviewing the operations of the government’s terrorism databases before the Marathon attack and determining whether information on the bombing suspects was properly handled.

[snip]

Last month congressional oversight communities were informed that while officials were “working diligently” to complete the review, the process of interviewing counter-terrorism officials and reviewing computer files had turned out to be more challenging than expected. McCullough, the intelligence community’s inspector general, said at the time that “information relevant to the review is still being provided to the review teams.”

A senior Senate staffer, who was not authorized to speak publicly, said briefings recently scheduled for intelligence officials to brief key congressional committees on the progress of the review were canceled.

So here we are over 6 months after the attack, and an inquiry purportedly reviewing whether our CT information sharing (led by the National Counterterrorism Center, which reports to Clapper, to whom McCullough also reports as a non-independent IG) did what it was supposed to, is still having trouble reviewing the actual databases (!?!?), ostensibly because they had to furlough the support people doing that rather than allow them to figure out how to fix problems to prevent the next terrorist attack. (Remember, James Clapper testified he had furloughed 70% of civilian IC staff, to the shock of Chuck Grassley and others.)

Perhaps that’s the problem. Perhaps it is the case that in 6 months time, IC support personnel had not yet been able to access and assess the database counterterrorism professionals are expected to monitor and respond to almost instantaneously. If that is the case, it, by itself, ought to be huge news.

Or perhaps there’s something about the Waltham investigation that has made it newly embarrassing that warnings before and — if blathery Senators are to be believed — after the murders didn’t focus more attention on Tamerlan Tsarnaev.

Shot By Government Forces or Victim of His Own Bomb: How Did Bahrain Teen Die?

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The situation in Bahrain continues to spiral out of control. As Human Rights Watch noted, Barack Obama even included a reference to sectarian tensions there threatening democracy and regional stability in his September address to the UN General Assembly, but the US ambassador promptly walked the statement back, extolling Bahrain’s position as a “progressive outpost in the Middle East”. More recently, a document has leaked in which Bahrain is seeking over a million and a half canisters of tear gas. That’s more than one canister per citizen of the country. As the New York Times reports, the US has blocked shipment of tear gas to Bahrain (most likely because of all the photos that were posted of “Made in USA” stamps on the canisters used when the government first began cracking down and were still seen up to a year later, but the Times doesn’t mention that bit).

Today, we learn of the tragic death of Ali Khalil al-Sabbagh, who was only seventeen. How he died is very much dependent on whose story you accept. Here is a video report from Reuters:

[youtuber youtube=’http://www.youtube.com/watch?v=ELD0VV7ZZuk’]

Dead at the hands of his own bomb. Hmm. The last time bombs were an issue in Bahrain, there were a number of questions about whether “activists” or John Timoney’s infiltrators were responsible. PressTV has a very different explanation for what happened, and they even have a gruesome photo that appears to support their contention that al-Sabbagh was shot in the head by government forces:

[youtuber youtube=’http://www.youtube.com/watch?v=118p0IFOhnQ’]

About the only issue on which the competing narratives agree is that the Bahraini government wanted to arrest al-Sabbagh. PressTV notes that his father now has been arrested, as well.

How the US responds to Bahrain’s continuing human rights violations will be very interesting to follow as one of the many areas that could be impacted by the growing rift between the US and Saudi Arabia. The Saudis are the primary backers of Bahrain’s minority Sunni ruling family. Iran, to whom the US may be at least partially pivoting, supports Bahrain’s majority Shiite citizens. With US-Saudi relations cooling, the base for the US Fifth Fleet now becomes the only US tie to Bahrain’s government.

Carmen Ortiz Blows Off Dzhokhar Tsarneav’s Request on His Own Involvement in Waltham

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As AP reported, the government reported in motion opposing his discovery requests that Ibragim Todashev told them his brother participated in the 2011 Waltham triple murder.

In any event, the government has already disclosed to Tsarnaev that, according to Todashev, Tamerlan Tsarnaev participated in the Waltham triple homicide. Any benefit to Tsarnaev of knowing more about the precise “nature and extent” of his brother’s involvement does not outweigh the potential harm of exposing details of an ongoing investigation into an extremely serious crime, especially at this stage of the proceedings.

But the motion doesn’t address the full extent of Dzhokhar’s request, which asked for,

All documents concerning the investigation of the triple homicide in Waltham, MA on September 10-11, 2011, including without limitation documents concerning the alleged involvement of Tamerlan Tsarnaev, Ibragim Todashev, and/or our client in those murders. [my emphasis]

I’m not saying the government is wrong on the law in this case, and I do wonder whether they didn’t address this because they suspect Dzhokhar was involved in the murder (which would provide the existence of such information more protection).

But I do note their response focuses on whether they have information on Tamerlan and/or Ibragim (the latter of which they say would not be discoverable), not on whether they have information on any involvement Dzhokhar might have had in the killings.

The USAID vs SIGAR Pissing Contest

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Reuters has a riveting exclusive today in which they have been given a treasure trove of documents from which they have reported on documentation that a contractor involved in USAID highway construction in Afghanistan is employing a subcontractor who is a member of the Haqqani network:

Much of the evidence against Zadran is classified, but the cache of documents given to Reuters by U.S. officials on condition of anonymity show that he has close business ties with the Haqqani network’s leader, Sirajuddin Haqqani.

The Haqqanis, Islamist insurgents who operate on both sides of the Afghanistan-Pakistan border, are believed to have introduced suicide bombing into Afghanistan.

The links between Zadran and the insurgency include him teaming up with Saadullah Khan and Brothers Engineering and Construction Company (SKB), believed to be one of Sirajuddin Haqqani’s companies.

Together they won a $15 million contract to help build a road between the towns of Gardez and Khost in Afghanistan’s east for the U.S. Agency for International Development (USAID) in 2011.

“The owners of these companies are facilitators and commanders of the Haqqani Network,” one U.S. government memorandum says.

This problem fits into the overall work that SIGAR has been doing recently in which they comment on the lack of control and auditing on funds once they are turned over from USAID and other agencies to the Afghan government for disbursement. And huge amounts of money are involved:

The inability over many years to stop firms believed to be supporting the insurgency from winning multi-million-dollar contracts exposes the lack of control that donors have over cash once it is handed over to the Afghan government.

Those transfers make up an increasing proportion of aid. U.S. federal agencies want more than $10.7 billion for reconstruction programs in 2014, SIGAR says, and the government has promised at least half will be granted directly to Afghan institutions to spend as they see fit.

SIGAR has clearly upset a number of folks with their work on this front. Back on October 10, the Atlantic carried a hit piece against SIGAR (I owe Marcy a huge thank you for alerting me to the article) in which we are supposed to believe that USAID has built a public health system in Afghanistan that in just a few years has added 20 years to life expectancy while dropping child mortality by half. And the article would have us believe that this wonderful new system is at risk of being shut down because of SIGAR’s campaign against funds being disbursed by the Afghan government without an audit trail:

John Sopko is the U.S. government’s chief auditor for Afghanistan and a former prosecutor with years of experience on Capitol Hill. In September, Sopko’s office—the Special Inspector General for Afghanistan Reconstruction, or SIGAR—issued a report calling for the suspension of USAID’s $236 million in aid for basic health care in Afghanistan.

Why shut down such a successful program? The short answer is that SIGAR’s is a peculiar concept of caution.

Strikingly, the auditors’ report calling for the funding freeze for the health program doesn’t claim any evidence of serious fraud or waste. Instead, it raises hypothetical concerns about the Afghan government’s ability to manage aid money well, including evidence that some salaries were paid in cash, as well as the absence of double entry bookkeeping.

There is a huge problem with the underlying premise of “such a successful program”, though. It is fabricated bullshit. Here is how the hit piece frames their argument on the successes: Read more →

On the 12th Day of Christmas, the NSA Gave to Me … 12 “Terrorism Supporters”

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Dianne Feinstein is writing op-eds again. Of course, I’m not actually recommending you read her defense of the phone dragnet program — though I do recommend this rebuttal of her claims from ACLU’s Mike German.

In other words, the problem was not that the government lacked the right tools to do its job (it had ample authority to trace Mihdhar’s calls). The problem was that the government apparently failed to use them.

But I do want to look at how DiFi dances around the debunked claims about all the plots the dragnet have stopped.

Since its inception, this program has played a role in stopping roughly a dozen terror plots and identifying terrorism supporters in the U.S.

Her claim is grammatically false, of course. Of the 2 known of these 12 cases where Section 215 was useful, with just one — when it was used to identify an unknown phone of one already identified accomplice of Najibullah Zazi — was a plot actually stopped. In the other, all Section 215 did was identify a supporter of terrorism, Basaaly Moalin. And even there, the FBI itself believed Moalin sent money to al-Shabaab not so much to support terrorism, but to support expelling (US backed) Ethiopian invaders of Somalia.

So while she could say that on 12 occasions Section 215 has helped stop a plot or identified terrorism supporters, what she has said is — surprise surprise! — a lie.

But I am rather amused at how close DiFi gets to arguing a dragnet of every Americans’ phone based relationships is worthwhile because it has found 12 guys who support, but do not engage in, terrorism.