Ron Paul Shits in the Saint Ronnie Punch Bowl

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[youtube]KuC4iYpNzT4[/youtube]

At around 9:30 last night, I tweeted something I tweet everytime I watch an episode of the GOP Presidential Candidate Survivor show:

Once again, we’ve gotten to that point of the GOP Debate I hate where Ron Paul starts to sound sane.

Then, about 10 minutes later, Paul said this:

Are you all willing to condemn Ronald Reagan, for exchanging weapons for hostages out of Iran? We all know that was done.

Thunk.

And then Santorum, proving he’s the stupidest of a really dumb presidential field, tried to answer.

Santorum: Iran was a sovereign country, not a terrorist organization, number one.

Paul: Oh they’re our good friends now.

Santorum: They’re not our good friends but they’re a sovereign country. Just like the Palestinian Authority is not the good friends of Israel.

So in one fell swoop, Santorum effectively sanctioned anything Iran did–such as plotting to kill a diplomat in our country–because they’re a sovereign country, misstated that the PA, rather than Hamas, negotiated the prisoner exchange, and suggested that the PA is a sovereign country.

And then Paul went on to note that the detainees at Gitmo are “all suspects, you haven’t convicted them of anything,” to boos from the crowd.

I’ll admit it. Ron Paul was, racism and corporatism notwithstanding, utterly sane in these few minutes. In fact, it’s been a long time since I’ve seen a politician lay bare the stupidity of our political class like this.

(FWIW, Newt went on to sheepishly confirm that it was true, to which Paul responded with the most impish grin.)

Why Did the Scary Iran Plotter Speak Directly from a Contested Treasury Department Script?

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As I noted on Friday, Manssor Arbabsiar’s cousin, Abdul Reza Shahlai, who purportedly directed him to arrange a plot with Los Zetas, was sanctioned by the Treasury Department in 2008, in part for involvement in an attack in Karbala.

Iran-based Abdul Reza Shahlai–a deputy commander in the IRGC–Qods Force–threatens the peace and stability of Iraq by planning Jaysh al-Mahdi (JAM) Special Groups attacks against Coalition Forces in Iraq.  Shahlai has also provided material and logistical support to Shia extremist groups–to include JAM Special Groups–that conduct attacks against U.S. and Coalition Forces.  In one instance, Shahlai planned the January 20, 2007 attack by JAM Special Groups against U.S. soldiers stationed at the Provincial Joint Coordination Center in Karbala, Iraq.  Five U.S. soldiers were killed and three were wounded during the attack.

But as Gareth Porter pointed out yesterday, there are reasons to doubt the US has proof of Shahlai’s role in that attack. Porter’s original report on this from 2007 describes Michael Gordon trying, unsuccessfully, to get Brigidier General Kevin Bergner to provide real evidence of Iranian involvement in the plot. And he describes David Petraeus specifically denying the claim.

Another indication that the command had no evidence of Iranian involvement in the attack was the statements of the top commander in Iraq, Gen. David Petraeus, on the issue in an April 26 press briefing. Petraeus had referred to a 22-page memorandum captured with the Shiite prisoners that he said “detailed the planning, preparation, approval process and conduct of the operation that resulted in five of our soldiers being killed in Karbala.” But he did not claim that either the document or the interrogation of Khazali had suggested any Iranian or Hezbollah participation in, much less direction of the planning of the Karbala assault.

Later in that briefing, a reporter asked whether Petraeus was “saying that there was evidence of Iranian involvement in that [Karbala] operation?” Petraeus responded, “No. No. No. That—first of all, that was the operation that you mentioned, and we do not have a direct link to Iranian involvement in that particular case.”

At the time Petraeus made this statement, Khazali, the chief of the militia group that had carried out the attack, had been in U.S. custody for more than a month. Despite nearly five weeks of intensive interrogation of Khazali, Petraeus’s comments would indicate that U.S. officials had not learned anything that implicated Iran or Hezbollah in the planning or execution of the Karbala attack

Porter’s post yesterday describes officers subsequently reiterating that the Iraqis, not the Iranians, launched this plot.

In a news briefing in Baghdad Jul. 2, 2007, Gen. Kevin Bergner confirmed that the attack in Karbala had been authorised by the Iraqi chief of the militia in question, Kais Khazali, not by any Iranian official.

Col. Michael X. Garrett, who had been commander of the U.S. Fourth Brigade combat team in Karbala, confirmed to this writer in December 2008 that the Karbala attack “was definitely an inside job”.

Now, perhaps Treasury had additional evidence by the time it sanctioned Shahlai, perhaps not. But suffice it to say the claim that Shahlai had a role in that plot is at least contested, and there is reason to believe it is outright false.

Which is why I find it so interesting that, among the other things Manssor Arbabsiar repeats to Narc about Shahlai, is that he had ties to a bombing in Iraq.

ARBABSIAR further explained that his cousin was “wanted in America,” had been “on the CNN,” and was a “big general in [the] army.” ARBABSIAR further explained that there were a number of parts to the army of Iran and that his cousin “work[s] in outside, in other countries for the Iranian government[.]” ARBABSIAR further explained that his cousin did not wear a uniform or carry a gun, and had taken certain unspecified actions related to a bombing in Iraq. Compare supra ¶ 17. [my emphasis]

That reference back to paragraph 17? It’s a reference to the complaint’s background on the Quds Force. Note the content carefully:

[T]he IGRC is composed of a number of branches, one of which is the Qods Force. The Qods Force conducts sensitive covert operations abroad, including terrorist attacks, assassinations, and kidnappings, and provides weapons and training to Iran’s terrorist and militant allies. Among many other things, the Qods Force is believed to sponsor attacks against Coalition Forces in Iraq, and in October 2007, the United States Treasury Department designated the Qods Force, pursuant to Executive Order 13224, for providing material support to the Taliban and other terrorist organizations.

Note, the Treasury designation the FBI Agent refers to is not the 2008 designation naming Shahlai directly in connection to the Karbala plot, but instead an earlier one first designating Quds Force for material support to the Taliban. Read more →

Telling Stories about What Iran Is Capable Of

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As I’ve mused on twitter and in comment threads, I’ve started wondering who paid more for Scary Iran Plot, the US Government or (allegedly) Quds Force?

After all, it’s clear that Narc offered up the idea to attack Adel al-Jubeir at a restaurant with explosives rather than, say, shooting him or poisoning him. Narc invented the fictional 150 civilians who would be at the restaurant. Narc invented the fictional Senators who might be killed in the blast. Narc said he could, “blow him up or shoot him,” and Arbabsiar said, “how is possible for you.” When Narc warned about those fictional casualties, Arbabsiar said, “if you can do it outside, do it” (though he clearly okayed collateral damage if necessary). Thus, even assuming there is nothing else funny about the plot, it’s clear that Narc authored the most spectacular details of it, the ones that resulted in a terrorism and WMD charges rather than just murder-for-hire, and quite possibly the ones that made this an alleged act of war against the US, rather than just an attack on Saudi Arabia.

Even assuming the Iranians dreamt up this plot, the US wrote the screenplay for it.

So how much did each side pay to create this plot?

I’d put the Quds force tab at $175,000. They allegedly advanced $100,000 for some kind of plot–but refused to send any more money. And on July 17, Arbabsiar describes asking Shahlai for “another $15.” Given that that happened in month 6 of a 9 month plot, I think it fair to estimate he was paid three installments of $15,000, or $45,000. Add in $30,000 for Shukari’s time, and you’ve got $175,000. (It’s not clear whether Arbabsiar paid for his international flights out of his advance, but I’ll also leave out the much greater travel costs on the American side. Further, all this assumes we haven’t paid in the past or agreed to pay Arbabsiar in the future for his part in the plot.)

The government, for its part, paid Narc to work Arbabsiar for at least four months. They paid Craig Monteilh $11,800 a month to run around safe mosques to try to entrap aspirational terrorists in LA; I presume they’d pay more for an actual cartel member to risk his life as an informant in Mexico. But let’s assume they paid the same rate they paid Monteilh, which would work out to $47,200, remarkably, about what Quds Force allegedly seems to have paid Arbabsiar. In addition, we’ve got at least the time of Robert Woloszyn, the FBI Agent who wrote the complaint. He doesn’t seem to have been Narc’s handler, so you’ve got Narc’s handler working long hours. In the press conference rolling out this case, Preet Bharara said two prosecutors, their two supervisors, the Deputy US Attorney, and the Acting Criminal head in NY “have [not] gotten much sleep lately.” In addition to SDNY, there was involvement from the Houston US Attorney and FBI offices, Houston DEA (which may be where Narc’s handler worked), NY’s JTTF. And all those intelligence personnel who played a critical role that we can’t discuss (except in anonymous leaks to journalists). Now clearly, many of these people were probably not personally involved in the crafting of a story that took alleged Quds Force intent to attack Saudi Arabia and turned it into the spectacular attack on a fictional restaurant in DC. But it’s probably safe to say that the US Government paid as much to craft this plot as the Quds Force allegedly did, even before you account for the money spent surveilling Arbabsiar, Shahlai, and Shakuri before the plot as well as the money spent stopping it.

With that in mind, check out the language State Department Spokesperson Victoria Nuland uses to describe how other countries are receiving the State Department’s efforts to persuade them to treat this plot as real.

Other countries are buying the basic idea of the plot, Nuland said, despite fairly widespread skepticism among Iran watchers about the likelihood the Quds Force would put such a clumsy plan into place.

“Countries may find it quite a story, but they’re not surprised that Iran would be capable of something like this,” she said.

It seems that our allies may be just as skeptical as many American observers that the Quds Force planned the precise plot that–it is clear–Narc’s handlers wrote the screenplay for. But, Nuland says, they buy the basic idea of it–“they’re not surprised that Iran would be capable of something like this.”

We had to invent this entire screenplay–perhaps investing as much money or more as Quds Force allegedly did–to get our allies to agree that the Quds Force might engage in terrorism? Didn’t they already know that?

(I sort of wonder whether our representatives are also asking our allies whether they think we’re capable of assassinating nuclear scientists?)

Therein lies the problem with the American practice of using stings to craft the scariest terror story possible. If the sheer improbability of it makes the story less credible, if all it does is reinforce a widely held belief, then doesn’t the theatricality of it work against the government?

Scary Iran Plot: Follow the Money

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A number of people–from MadDog to the Administration–have claimed that the money trail in the Scary Iran Plot is what makes it credible.

I’d like to lay out what the Administration showed in the complaint–as opposed to in its predictable trail of anonymous leaks that the Administration apparently believes can replace actual evidence–regarding the money trail. I actually find their anonymous claims that the money trail shows more damning details to be more believable than some of the other things they’ve said about this. But the most solid evidence described in the complaint–as I described here–shows money being delivered with no explanation into the hands of a person, Individual #1, and from there being sent to the US. Yet Individual #1 doesn’t even appear to be Quds Force and was neither charged in the complaint nor sanctioned by Treasury.

Money was exchanged, but for what?

Before I lay out what the money details show, though, let’s lay out the many possible operations the money paid for. According to Manssor Arbabsiar’s confession, his cousin Abdul Reza Shahlai told him to go get drug traffickers to kidnap the Saudi Ambassador. Arbabsiar’s confession says it evolved into a capture or kill deal (though says it did so in conversations with Gholam Shakuri and Hamed Abdollahi, not Shahlai). The complaint also mentions plans of “attacking an embassy of Saudi Arabia” (Narc’s account of the May 24 meeting with Arbabsiar), for “a number of violent missions” (Narc’s account of purportedly unrecorded June-July meetings), “the murder of the Ambassador” (Narc’s account of purportedly unrecorded June-July meetings), and targeting foreign government facilities located outside of the United States, associated with Saudi Arabia and with another country [reported to be Israel]” (footnote 6 describing what Narc reported from these earlier meetings). The quotes from July 14 are ambiguous whether they refer to kidnapping or assassination of al-Jubeir. The quotes from July 17 include clear reference to killing what is presumably (thought not specified as) al-Jubeir. And note what the complaint rather damningly doesn’t mention, though Administration leakers admit?

The plotters also discussed a side deal between the Quds Force, part of Iran’s Islamic Revolutionary Guards Corps, and Los Zetas to funnel tons of opium from the Middle East to Mexico, the official said.

In other words, several things were being negotiated: the kidnapping and/or assassination of al-Jubeir, hits on embassies in Argentina, possibly some other horrible things, and drug deals. So we need to be careful to tie any payments to specific ops.

The use of two different codes in the taped conversations doesn’t make tying payments to specific ops any easier–the complaint mentions “painting,” or “doing” a building (September 2, 20, and October 4), which the FBI Agent interprets without stated confirmation in Arbabsiar’s confession as the murder, as well as the “Chevrolet” (October 5 and 7), which Arbabsiar’s confession says also referred to the murder (syntactically, though, the Chevrolet sounds like a drug deal, while the building seems more closely connected to the murder).

Finally, a conversation on September 12 seems to suggest (though the FBI Agent doesn’t interpret it this way) that Arbabsiar had presented Narc several choices of operations, and the plotters just wanted them to pick one to carry out. After insisting the price would be “one point five,” Arbabsiar told Narc, for example, that he could “prepare for those too [two] … but we need at least one of them” [ellipsis original]. He went on to say that if Narc did “at least one … I’ll send the balance for you” [ellipsis original]. Particularly given the two different codes–building and Chevrolet–it seems possible there were still at least two different operations (both Arbabsiar and Shakuri offer up the building, not the Chevrolet, when they are not being coached as the operation they’re most anxious about). At the very least, this means that two months after the two meetings supposedly finalizing the plan for the assassination, both the price and the objective remained unclear.

No quoted passage ties the $100,000, the $1.5 million, and the assassination

Those two meetings–which do tie money to an attack on the Saudis–took place on July 14 and July 17. Before those meetings even started, however, the $100,000 that was purportedly the down-payment for the al-Jubeir assassination had already been transferred to a middleman; Arbabsiar tells Narc that Individual #1 (who is not described in the same way the Quds officers are, and appears not to have been sanctioned with everyone else) got the “money at nine in the morning.” The quoted passages definitely tie what appears to be the $1.5 million to doing something with Saudi Arabia. “Take the one point five for the Saudi Arabia.” That might be doing something with the Saudi embassy, though later in the same conversation Arbabsiar does confirm Narc’s question that “you just want the main guy.” Given the number of plots they were discussing, that’s not definitive that the $100,000 was tied to the al-Jubeir plot at all, nor is it definitive that the “one point five” was the agreed upon payment for assassinating–as opposed to kidnapping–al-Jubeir. There is no quote that ties all these things together; but assuming the FBI Agent’s interpretation is not really wacko, it does seem this conversation ties the money to some kind of attack on al-Jubeir.

The July 17 conversation–which with the July 14 conversation, includes one of two discussions of bank account numbers for the transfer–makes the focus on assassination much more clear. Narc pretends his guys are in Washington (meaning there’s no doubt the attack in discussion was al-Jubeir rather than the Saudi Embasy in Argentina). And–in the sole quotations in the entire complaint that make it clear Arbabsiar was talking about assassination–in response to Narc’s cue, “I don’t know what exactly your cousin wants me to do,” Arbabsiar says his cousin “wants you to kill this guy” and goes on to say that if necessary, collateral damage of citizens is acceptable.

Consider how laughable this deal-making is. On July 14, Narc gives his price for the job. Then on July 17, he’s still looking for clarification about what the task really is! Read more →

Scary Iran Plot: Making an International Case before Passing the Ham Sandwich Test

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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

I want to return to something Manssor Arbabsiar’s attorney, Sabrina Shroff, said the other day. “If he is indicted, he will plead not guilty.”

I’ve suggested Shroff may have reason to believe Arbabsiar will get a plea deal before this ever goes to the grand jury. Which would mean no one would ever challenge the government on the many holes in this case [oh hey! that’s me at Atlantic.com]: the claimed lack of taped conversations, the explanation why Arbabsiar cooperated, some holes in the government’s money trail (at least as it appears in the complaint), the remarkable coinkydink Arbabsiar just happened to ask a DEA informant to help him kidnap the Saudi Ambassador, and some perhaps incorrect interpretations of existing tape transcripts.

It would be very convenient for the government if this never went to trial.

But think, for a moment, about the government’s actions in this affair. It rolled out a splashy press conference. Joe Biden has declared no options off the table; Susan Rice is “unit[ing] world opinion” against Iran. And if that doesn’t work, Hillary Clinton will make personal calls followed by onsite teams to persuade allies that this whole plot isn’t a bunch of bupkis.

We have rolled out a giant campaign to use this plot to do … something … with Iran.

But it has yet to pass the ham sandwich test.

Our government has had eleven business days now to subject its amended case to the scrutiny of a grand jury, it had two and a half months to subject its original case to the scrutiny of a grand jury, and it hasn’t yet bothered to do so. We’re sharing our case with the rest of the world before we’re subjecting it to the most basic level of oversight enshrined in our Constitution. Instead of using the legal process laid out in our founding document, we’ve gotten the signature of a Magistrate Judge and run off with it to the rest of the world. And while I have no doubt of the competence of Magistrate Judge Michael Dolinger, the judge who signed the complaint in this case, that’s simply not the way our judicial system is supposed to work. Average citizens are supposed to review the work of the government when it makes legal cases, not just Magistrates.

All of which ought to raise real questions why our government has decided to share these details with the rest of the world, but bypassed the step where they’re supposed to share them with its own citizens.

What Is the Source of Gholam Shakuri’s Urgency?

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I’m working on a big post that raises more questions about the government’s interpretation of the Scary Iran Plot.

But for the moment I want to raise an issue that might provide a nugget of plausibility for the larger story. And that’s Gholam Shakuri’s urgency.

According to the complaint, Arbabsiar confessed that when he traveled back to Iran (I’ve taken this to be sometime after July 20, but as I explained here, it may have happened earlier) Shakuri told him the kidnap or kill operation had to happen quickly.

ARBABSIAR was asked to have [Narc] kidnap or kill the Ambassador of Saudi Arabia to the United States, and told that it would need to be done fast.

Because the government has sealed evidence explaining on what terms Arbabsiar is cooperating, I find his confession to be suspect. But Shakuri does repeat that urgency in the recorded call on October 5 (though note I also find the government’s interpretation of the “code” here suspect, both because it derives from Arbabsiar’s confession and the syntax suggests the FBI Agent is reading a multiplicity of codes to all refer to the assassination).

[After discussing “the Chevrolet”] SHAKURI urged ARBABSIAR “[j]ust do it quickly, it’s late, just buy it for me and bring it already.”

I find the urgency interesting because of several events that would implicate Quds Force power, like the push to sell Bahrain weapons, the negotiations on leaving troops in Iraq and–most notably–the negotiation of a prisoner swap between Hamas and Israel on the very day the plot was announced. And remember, the US managed the timing of this, drawing out its denouement over two months after money got transferred and 12 days after Arbabsiar was arrested. I don’t know what role Adel al-Jubeir had in this prisoner swap (Egypt is a key player), but the exchange certainly seems like it would serve Saudi goals of giving Palestine some relief while serving Israeli-dictated US goals of thwarting the PLO UN statehood bid, all while lessening Iranian influence with Hamas.

Frankly, that’s all just based on the coincidence between the announcement of the plot and the prisoner swap.

But it seems that one key to understanding who really sponsored this plot–if there really was one–is understanding Shakuri’s urgency.

Government Remains Mum about When It First Charged Arbabsiar and For What

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Yesterday, I pointed out some oddities of the docket for Manssor Arbabsiar, the accused plotter in the Iran assassination plot. Most notably, the docket for this crime starts with the amended complaint. That indicated there was an original complaint. But the numbering on the docket–which starts with the amendment complaint–suggested the original complaint might relate to an entirely different crime.

bmaz called the court house to try to figure out the oddity. And court personnel did some checking–and consulted directly with the AUSA trying this case–they explained only that there had been a prior complaint in SDNY which Chief Judge Loretta Preska had approved having sealed. The court house offered no insight on when all this happened.

The government’s unwillingness to unseal that original complaint is just another weird aspect of this case, as it suggests Arbabsiar might have been arrested for totally different charges. Or he might have been charged months ago.

To add the curiosity, consider this quote from Arbabsiar’s public defender, Sabrina Shroff.

Mr. Arbabsiar, who has lived in Texas for many years, made a brief appearance in federal court in Manhattan on Tuesday afternoon, dressed in a blue checked shirt and with a pronounced scar on his left cheek. He did not enter a plea, but his lawyer, Sabrina Shroff, said after the hearing that “if he is indicted, he will plead not guilty.” [my emphasis]

Arbabsiar’s lawyer isn’t sure he’ll be indicted? She’s not sure this will ever be presented to a grand jury?

That may indicate the government is already talking plea deal with Arbabsiar (and why not, since he’s been chatting freely about this for two weeks and apparently would prefer to stay in jail than go free).

Which, if that were to happen, would mean–barring the unlikely extradition of Shakuri–none of this questionable evidence would ever be challenged by an antagonistic lawyer a nor evaluated by a jury.

And if that were to happen, then the whole wacky plot, with all its dubious aspects, would serve nothing more than to cause an international incident and keep Arbabsiar in US government custody, potentially on easier terms than the prison term he might have expected for whatever he was charged with in his first complaint.

The Four Month Warning of a Not-Yet Ripe Plot

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I suspect Ha’aretz and Reuters think they’re helping build credibility for the Scary Iran Plot by reporting that the Saudis warned the Argentines of the plot four months ago.

Saudi officials advised Argentina four months ago of an alleged Iran-backed plot to kill the Saudi ambassador to Washington and possibly attack the Saudi and Israeli embassies in Buenos Aires, an Argentine diplomatic source said on Thursday.

[snip]

“The Saudis advised us four months ago, at the request of the United States,” the Argentine source told Reuters on condition of anonymity, without providing further details.

[snip]

President Barack Obama was briefed in June about the alleged plot, soon after U.S. law enforcement agents were tipped off by a paid informant, according to court documents.

But it seems to introduce more questions than credibility.

Four months ago–assuming the anonymous Argentine diplomat is correct–would mean they were tipped off in mid-June. As Reuters points out, that may be around the time Obama first got briefed on the purported plot.

According to the complaint, the only piece of evidence the US had at that time was one unrecorded meeting between Manssor Arbabsiar and Narc. The complaint only supports that Narc learned Arbabsiar wanted to attack an embassy–consistent with the possibility of attacking the Saudi Embassy in Argentina–or maybe wanted to kidnap Adel Al-Jubeir, not kill him.

Perhaps the anonymous diplomat is off by a few weeks, and she was tipped by the Saudis in late June, after Arbabsiar had returned to Mexico on June 23, and after Arbabsiar had had another unrecorded meeting or more with Narc.

Even if that were the case, the Argentines (and Saudis) were purportedly warned before any recordings of Arbabsiar’s statements were made and before any money got transferred–in spite of the fact that sources say the Administration didn’t really believe in this plot until that transfer.

Law enforcement and intelligence officials penetrated the alleged plot from the start. But American officials said Wednesday that what persuaded them they were tracking something much more than just idle talk between an Iranian American used-car salesman and a Drug Enforcement Administration informant was the transfer of $100,000 from Iran in July and August as a down payment to set the assassination in motion.

Note, the reference to a July transfer must refer to the receipt of the money by “Individual 1” before Narc had even provided bank data to Arbabsiar, as the actual transfers through NYC happened in August, which also supports the completely unsurprising conclusion that we didn’t need to hear about the transfer from Arbabsiar because we were tracking it electronically.

Nevertheless, do we customarily tell other countries of seemingly improbable plots before we start collecting any hard evidence on those plots?

There are some explanations for this, even setting aside more tinfoil possibilities (like the Saudis dreamt up the plot and then got Arbabsiar to perform it). The government might, for example, have tape from that May 24 meeting between Narc and Arbabsiar, either taken by Narc or by surveillance in Mexico, that they haven’t revealed in the complaint. The government may have a lot more Sigint from Arbabsiar’s conversations with Quds Forces figures in Iran, though if that’s the case, it means our role performing this plot is even more overdetermined than it already seems. Or it may be we knew directly from Arbabsiar what he was purportedly planning on doing without him having explained it to Narc.

There’s one more interesting aspect of this revelation, if true. Why did we outsource informing Argentina to the Saudis rather than telling them ourselves? Meanwhile, the Argentines remain officially mum about the plot.

MOTU Rules: Material Support for Terror Edition

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AmericaBlog’s Chris is right. We should not look at yesterday’s sentencing of Raj Rajaratnam as the first act of justice against the banksters who killed our economy.

As I’ve said many times before, if Rajaratnam is guilty, fine, find him guilty and send him to prison. But let’s not confuse this case with the much larger problem of Wall Street triggering the recession. Rajaratnam was a swindler and used insider information to profit by tens of millions of dollars. That’s a much different story than the trillions of dollars needlessly lost by Wall Street, yet we see no legal action related to those losses.

Not only doesn’t Rajaratnam’s sentence represent a victory for the 99%, a former FBI Agent claims that he was largely convicted because of his material support for the Tamil Tigers. (h/t scribe)

Jay Kanetkar, who was [FBI Tamil Tiger infiltrator] Rudra’s main F.B.I. handler from 1999 until he left the bureau in June 2006, says that Rajaratnam’s alleged involvement with terrorism was a significant factor in why the F.B.I. and the Department of Justice went to such extraordinary lengths to nail him. “It was a conscious decision,” Kanetkar says, “to treat Raj the terrorist the way they treated Al Capone when they got him for tax evasion.”

[snip]

By 2005, Rudra’s penetration of the Tigers’ network was so deep that the F.B.I. had acquired a comprehensive picture of the group’s fund-raising capability. Raj Rajaratnam’s name came up frequently. “On the recordings, he was spoken of in a reverential way, with all the kudos he got as a financial whizz,” says Kanetkar. “At the same time, he wasn’t a commoner, which is why it was hard for Rudra to get close to him. He was reserved for the big stuff.” For example, in September 2005, two Tamil Tiger members were duped by the F.B.I. In an attempt to have the Tigers removed from the government terrorism list, they agreed to pay $1 million to two “corrupt State Department officials” (in reality, F.B.I. agents) whom Rudra had introduced them to. The Tamils went straight from that meeting to Rajaratnam’s house, apparently to arrange to get the money, according to Rudra and Kanetkar.

“Rudra told us that the L.T.T.E. had given Raj a very large sum of money for him to invest in the Galleon fund,” says Kanetkar. “It was clear that the Tigers did have that kind of money. They were raising $1 million every time they held a function, and also going door to door—extorting people to pay thousands of dollars for the next wave of operations.” Kanetkar and his counterterrorist colleagues had been aware of evidence that Rajaratnam was using illegal insider information since 2001, when wiretaps caught an executive from the Intel Corporation offering him insider tips. The F.B.I. saw the two endeavors—terrorism and insider trading—as connected, says Kanetkar: “Money from insider trading was going into his pocket, and money from his pocket was going to the L.T.T.E.”

In other words, if you believe David Rose, the reason FBI prosecuted Rajaratnam as opposed to all the other banksters who engage in insider trading is because the gains from his insider trading went to fund the Tamil Tigers.

But there’s even something funky with that story.

According to Rose’s story, the FBI was aware of Rajaratnam’s insider training starting in 2001, when they got him on tape getting a tip from an Intel. According to Rose, the FBI was collecting evidence tying Rajaratnam to the Tigers as early as November 2002 (and was reviewing money transfers going back to 2000). And while Rose doesn’t mention it, we know the government was already using SWIFT to track terrorist financing by that point. That doesn’t help you track insider trading, but it does mean any suspicion that rajnaratam was financing terrorism would make his money transfers fairly transparent.

And while I’m not surprised in the least that the Bush DOJ chose not to prosecute Rajaratnam for insider trading (indeed, the implication of the Rose story is that the Obama DOJ is still ignoring a lot of insider trading that doesn’t have a terrorism aspect), the entire story suggests that the FBI was tracking a prominent trader’s alleged financing of terrorism for 7 years and not only never pursued him for that, but didn’t indict him for it when they got around to indicting on insider trading, even though at that same point DOJ was sending non-bankster material supporters to jail for 65-year sentences.

Now, maybe the Rose story oversells Rajaratnam’s ties to the Tamils, or at least his awareness that they were terrorists. Clearly, the case against Rajaratnam, unlike (say) that against Chiquita’s top managers during the same time frame, was not so cut and dry. Perhaps DOJ believed they couldn’t convict Rajaratnam.

But the lesson seems not only to be that this is one very small conviction that doesn’t even begin to touch the much larger crimes, but that MOTUs get treated differently even for terrorism-related crimes than ordinary people.

Gaps in the Iran Plot Docket to Go Along with the Gaps in the Story

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Retired Lieutenant Colonel Anthony Shaffer has some questions about the Iran plot, based partly on what his friend at DOJ said about the lack of record on the purported asassination plot at DOJ.

I did talk to one of my inside guys today and he’s saying that he thinks the same thing–you know why? Because he can’t find any real information and he’s got a clearance. So that tells him that there’s something going on that’s extraordinary by the fact that he’s an inside investigator, knows what’s going on, and yet–I’m gonna quote here, “There’s nothing on this within the DOJ beyond what they’ve talked about publicly,” which means to him there’s something very wrong with it.

The docket in Manssor Arbabsiar’s case at least partly confirms what Shaffer’s buddy said, because there are things that would normally be there but aren’t.

There are a couple of weird aspects to the docket (click to enlarge).

First (and this is what got me looking at the docket in the first place), the complaint is an amended complaint. That says there’s a previous complaint. But that complaint is not in the docket. Not only is it not in the docket, but the docket starts with the arrest on September 29 (notice the docket lists his arrest twice, on both September 29 and October 11), but the numbering starts with the amended complaint (normally, even if there were a sealed original complaint, it would be incorporated within the numbering, such that the docket might start with the amended complaint but start with number 8 or something).

Two things might explain this. First, that there was an earlier unrelated complaint–say on drug charges, but the charges are tied closely enough to this op such that this counts as an amended complaint. Alternately, that Arbabsiar was charged with a bunch of things when he was arrested on September 29, but then, after at least 12 days of cooperation (during which he waived Miranda rights each day), he was charged with something else and the new complaint incorporated Ali Gholam Shakuri’s involvement, based entirely on Arbabsiar’s confession and Shakuri’s coded conversations with Arbabsiar while the latter was in US custody.

Both of those scenarios suggest that what we see–the WMD and terror charges–might be totally different charges than what the original complaint included (or just focused less closely on Arbabsiar). In any case, the presence of an original complaint, even putting the docket weirdness aside, makes it pretty likely that Arbabsiar decided to cooperate because of what was in that complaint.

Now look at his status. “Detention on consent without prejudice.” Arbabsiar wants to be in jail. Given that his cooperation and implication of the Qods Force has turned into an international incident, I don’t blame the guy.

All of which does sort of make you wonder what medical attention the court ordered for Arbabsiar.

Now we may find there are perfectly reasonable explanations for why an already funky complaint that goes to great lengths to pretend the spooks weren’t involved in the case when they played an explicitly critical role has some oddities in its docket. But I would suggest–and I hope to at more length tomorrow–that DOJ’s records system might be the wrong place to look for background information on Manssor Arbabsiar.

And at the very least, the gaps in the docket mean that DOJ is currently unwilling to tell us when and on what charges Arbabsiar was first charged, and on what basis he cooperated with the authorities.

Update: This post was tweaked for clarity.

Update: As I was responding to EH, I realized something. As I said to him, the least damning explanation for the two complaints is that the original complaint had the same charges–WMD, terrorism, etc.–but charging just Arbabsiar.

But that’s not right! Three of the four charges are conspiracy charges (the exception was Foreign Travel and Use of Interstate and Foreign Commerce Facilities in the Commission of Murder-for-Hire). Unless the government were preparing a really crazy prosecution theory, you don’t charge just one person with conspiracy. Which raises real questions about what the charges in the original complaint were, particularly given the only evidence they had were money transfers not tied directly to Qods Force. And some tapes (as well as some key conversations that were not taped). The missing tapes would be particularly problematic given that Arbabsiar claims he was not sent to do murder for hire, he was sent to do kidnapping, and those missing tapes might explain how the plot evolved).

Update: I think I finally got the August/September fix right. Thanks, MD.