Obama Pretends the Bob Woodward Law Doesn’t Exist

Yesterday, Michael Whitney pointed out how irresponsible it was for the ultimate commander of all the people who will decide Bradley Manning’s innocence or guilt to state publicly, before his trial, that “he broke the law.” But there was something else wrong with it. As transcribed by the UK Friends of Bradley Manning, Obama said,

OBAMA: So people can have philosophical views [about Bradley Manning] but I can’t conduct diplomacy on an open source [basis]… That’s not how the world works.

And if you’re in the military… And I have to abide by certain rules of classified information. If I were to release material I weren’t allowed to, I’d be breaking the law.

We’re a nation of laws! We don’t let individuals make their own decisions about how the laws operate. He broke the law.

[Q: Didn’t he release evidence of war crimes?]

OBAMA: What he did was he dumped

[Q: Isn’t that just the same thing as what Daniel Ellsberg did?]

OBAMA: No it wasn’t the same thing. Ellsberg’s material wasn’t classified in the same way. [my emphasis]

But of course, Presidents (and some Vice Presidents) actually don’t have to “abide by certain rules of classified information.” As explained by John Rizzo in the context of the Obama Administration’s leaks to Bob Woodward, they can and do insta-declassify stuff for their own political purposes all the time. They can do it to make the President look important; they can do it to lie us into an illegal war; they can do it to ruin the career of someone who might expose the earlier lies. (Steven Aftergood and Eugene Fidell explain the legal reason this is true for the Politico.)

The way secrecy in this country works is insidious not just because the government prevents citizens from learning the things we as citizens need to know to exercise democracy, but also because the President and other classification authorities can wield secrecy as an instrument of power, choosing to release information they otherwise claim is top secret when it serves their political purpose. As I pointed out last year, this power even extends to information about whether or not the President has approved assassinating an American citizen.

Less than a month ago, the Obama Administration told a judge they didn’t have to–couldn’t–tell a judge their basis for killing a US citizen. Instead, they invoked state secrets, claiming (among other things) they couldn’t even confirm or deny whether they had targeted Anwar al-Awlaki for assassination.

Yet this came after one after another Obama Administration official leaked the news that al-Awlaki had been targeted, and after they had obliquely confirmed that he was. The Administration can leak news of this targeting all it wants, apparently, but when a US citizen attempts to get protection under the law, then it becomes a state secret.

There’s a lot of other reasons why this President’s claim that “we are a nation of laws!” is utterly laughable, from his Administration’s refusal to prosecute torture or bank fraud to its efforts to prevent former officials from doing time for breaking the law.

We are not, anymore, a nation of laws. The Constitutional Professor President has institutionalized the efforts W and Cheney made to make sure that remains true.

But one of the ways our lawlessness most disproportionately works against the citizens of this country is the government’s abuse of secrecy.

Manning Protesters Sing to Obama: “We Paid Our Dues; Where’s Our Change?”

Protestors sang their displeasure to Pres. Obama at a Bay Area fundraiser. (via yfrog)

At today’s presidential fundraiser in San Francisco, several attendees sang a song to Obama protesting Bradley Manning’s treatment. (From the White House pool report)

Mr. Obama was in the middle of his remarks when a woman in a white suit stood up and said, Mr. President we wrote you a song. POTUS tried to get her to wait until later, but she persisted and the table of 10 broke into a song that pointed out they’d just spent $5,000 donating to his campaign and went on to protest the treatment of Pfc. Bradley Manning.

The woman stayed standing as they sang. Mr. Obama looked to Ms. Pelosi and asked, Nancy did you do this? Ms. Pelosi had a look on her face, as she stared at the singing group, that definitely said she did not.

[snip]

The 10 singers then passed around 8.5×11 signs that said “Free Bradley Manning” or had a photo of him.

Then the woman in the white suit stripped off her jacket to reveal a black T-shirt that said Free Bradley Manning, with an image of him.

“We paid our dues. Where’s our change?” they sang.

USSS and WH staff had moved near the table at this point. The woman was escorted out. Two others left on their own. (The rest stayed and applauded at the end of POTUS’s speech.)

“That was a nice song,” a displeased Mr. Obama said.

“Now where was I?” POTUS asked.

As was indicated by that song, “Over the last 2 and a half years, change turned out to be tougher than we expected,” POTUS said.

Also, WTF? Why is Obama’s first instinct to blame Pelosi for this? Granted, Pelosi often takes stands in support of political prisoners, but to suggest a master fundraiser like Pelosi would embarrass the President at a fundraiser like this is just a real misunderstanding of her. (Even if it were only a lame attempt at deflection/humor, it is disrespectful and a tad dishonest.)

Not to mention the suggestion that people, particularly in liberal San Francisco, might not have the free will to craft a protest on their own.

Follow developments after the jump. . . . Read more

CIFA 2.0 Back in the Outsourcing Business

Remember the Counterintelligence Field Activity (CIFA)? Here’s how I described it back in 2007.

CIFA is, along with the National Security Letters Congress is now cracking down on, probably the biggest abuse of civil rights and privacy BushCo has hatched up. It was designed to gather intelligence on threats to defense installments in the United States–to try to collect information (in the TALON database) on threatening people scoping out domestic bases. But it ended up focusing on peace activists and the lefty blogosphere’s own Jesus’ General70 percent of CIFA’s employees are contractors, a figure that makes it a prime candidate for politicized contracting scandal.

Among the contractors spying on Americans was MZM, one of the companies that bribed Duke Cunningham. Prosecutors in that case started investigating MZM’s CIFA contracts in May 2006. Three months after that, the top two managers at CIFA, who had directed CIFA keep sending MZM contracts, resigned suddenly. When DOD’s Inspector General tried to investigate CIFA in 2007, it discovered (it claimed) that the entire CIFA database had been destroyed in June 2006, just as prosecutors were closing in on those contracts.

Later, in 2008, just as CIFA was claiming it couldn’t publicly reveal its unclassified contracts, we learned that Stephen Cambone (who had led one of the inquiries into CIFA), had won a contract from it, sort of a payoff for not finding anything, I guess.

Later that year, DOD “disestablished” CIFA.

Or rather, they renamed it, calling it the Defense Counterintelligence and Human Intelligence Center. Then, last year, we learned that database DOD claimed had been destroyed in 2006 really hadn’t been, and CIFA 2.0 was getting back in the business of keeping a database of information on big threats to the US like Quakers and bloggers.

The Defense Intelligence Agency wants to open a new repository for information about individuals and groups in what appears to be a successor to a controversial counterintelligence program that was disbanded in 2008.

The new Foreign Intelligence and Counterintelligence Operation Records section will be housed in DIA’s Defense Counterintelligence and Human Intelligence Center, or DCHC, formed after the demise of the Counterintelligence Field Activity, or CIFA, according to an announcement that appeared Tuesday in the Federal Register.

The “activity” was disbanded, but evidently not its records database, which seems to be headed to the new unit. One of the criticisms of CIFA was that it vacuumed up raw intelligence on legal protest groups and individuals from local police and military spies.

When the DCHC was launched in 2008, the Pentagon said “it shall NOT be designated as a law enforcement activity and shall not perform any law enforcement functions previously assigned to DoD CIFA.”

Why the new depository would want such records while its parent agency no longer has a law enforcement function could not be learned. Not could it be learned whether the repository will include intelligence reports on protest groups gathered by its predecessor, CIFA.

The only thing left, at that point, was to figure out what defense contractor was getting rich spying on American citizens.

The answer? Lockheed Martin.

Lockheed Martin has openings for talented and motivated professionals in the counterintelligence (CI) field to be part of an evolving and highly specialized team that will provide direct support to the Defense Intelligence Agency’s (DIA) Defense Counterintelligence and Human Intelligence Center (DCHC).

The team Lockheed Martin is assembling a team which will function in CI areas such as: force protection; support to Joint Terrorism Task Force (JTTF); CI in Cyberspace; research, development and acquisitions; critical infrastructure protection; CI support to Offensive CI Operations; analysis & production (A&P); collections; campaigns; policy; assessments; TSCM; security; information assurance, and Enterprise governance support (administrative).

Not only is the entire concept wrong, using contractors to spy on Quakers and bloggers. Not only is it especially troublesome that Lockheed–a company with close ties to NSA–is doing this work (which would make it easy for reports from physical surveillance to migrate into the signals surveillance NSA does). But note what else is now included in CIFA 2.0: “CI in Cyberspace.” That is, Lockheed with its close ties to NSA is now in charge of spying on those claimed to present an online counterintelligence threat to the United States. And maybe doing things like hacking a media site to try to exercise illegal prior restraint.

What Happened to Bradley Manning in January

I wanted to put a few details about what happened to Bradley Manning in January together.

The other day Manning’s lawyer, David Coombs, revealed he had been about to file a habeas petition when DOD suddenly decided to move Manning to Fort Leavenworth (where he arrived last night). At issue was a meeting that occurred on January 13:

The defense recently received reliable reports of a private meeting held on 13 January 2011, involving high-level Quantico officials where it was ordered that PFC Manning would remain in maximum custody and under prevention of injury watch indefinitely.  The order to keep PFC Manning under these unduly harsh conditions was issued by a senior Quantico official who stated he would not risk anything happening “on his watch.”  When challenged by a Brig psychiatrist present at the meeting that there was no mental health justification for the decision, the senior Quantico official issuing the order responded, “We will do whatever we want to do.”

That meeting happened just five days before the guards harassed Manning and Brig Commander James Averhart decided to play god with him, according to the chronology laid out in Manning’s Article 138 complaint. Here’s how Manning described the guards’ petty bullying.

On that date, I was pulled out of my cell for my one hour of recreation call. When the guards came to my cell, I noticed a change in their usual demeanor. Instead of being calm and respectful, they seemed agitated and confrontational. Also, instead of the usual two to three guards, there were four guards. Almost immediately, the guards started harassing me. The first guard told me to “turn left.” When I complied, the second guard yelled “don‟t turn left.” When I attempted to comply with the demands of the second guard, I was told by the first, “I said turn left.” I responded “yes, Corporal” to the first guard. At this point, the third guard chimed in by telling me that “in the Marines we reply with „aye‟ and not „yes.‟” He then asked me if I understood. I made the mistake of replying “yes, Sergeant.” At this point the forth guard yelled, “you mean „aye,‟ Sergeant.”

After Manning returned to his cell from recreation, Averhart came to his cell, declared he was, for all practical purposes, Manning’s God. Then, he ordered Manning be stripped and put on suicide watch.

About 30 minutes later, the PCF Commander, CWO4 James Averhart, came to my cell. He asked me what had happened during my recreation call. As I tried to explain to him what had occurred, CWO4 Averhart stopped me and said “I am the commander” and that “no one could tell him what to do.” He also said that he was, for all practical purposes, “God.” I responded by saying “you still have to follow Brig procedures.” I also said “everyone has a boss that they have to answer to.” As soon as I said this, CWO4 Averhart ordered that I be placed in Suicide Risk Status.

Admittedly, once I heard that I would be placed under Suicide Risk, I became upset. Out of frustration, I placed my hands to my head and clenched my hair with my fingers. I did yell “why are you doing this to me?” I also yelled “why am I being punished?” and “I have done nothing wrong.” I then asked CWO4 Averhart “what have I done to deserve this type of treatment?”

CWO4 Averhart did not answer any of my questions. He instructed the guards to enter my cell and take all my clothing. At first I tried to reason with CWO4 Averhart by telling him that I had been a model detainee and by asking him to just tell me what he wanted me to do and that I would do it. However, I gave up trying to reason with him once the guards entered my cell and ordered me to strip. Instead, I lowered my head and starting taking off my clothes.

Read more

Did the Pentagon Misinform Obama When It Said Bradley Manning’s Treatment Met Our Standards?

Back on March 11, in response to Jake Tapper’s question whether he agreed with PJ Crowley’s judgment that Bradley Manning’s treatment was “ridiculous and counterproductive and stupid,” President Obama said the Pentagon had assured him that the treatment met DOD standards.

Tapper: The State Department Spokesman PJ Crowley said the treatment of Bradley Manning by the Pentagon is “ridiculous and counterproductive and stupid,” and I’m wondering if you agree with that. Thank you sir.

Obama: With respect to Private Manning, I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are. I can’t go into details about some of their concerns, but some of this has to do with Private Manning’s safety as well.

Tapper: Do you disagree with PJ Crowley?

Obama: I think I gave you an answer to the substantive issue.

But yesterday’s press conference appears to present problems for this story.

First of all, according to DOD General Counsel Jeh Johnson, the Pentagon review of whether Quantico was the appropriate facility for Manning began just a few weeks ago–so presumably, it started sometime after Obama was asked about Manning’s treatment over five weeks ago.

MR. JOHNSON: Well, again, it was a combination of reasons. We began to take a look at this a couple of weeks ago. You know, is there an alternative facility that might be better for him given the length of time he’s been in pre-trial confinement, given the length of time — in the future it looks — it looks as if he’ll be in pre-trial confinement. And we have this 706 interview of him coming up. And we decided, well, why don’t we let that happen first and then he should be transferred, so that — so that the group that interviews him, who as I understand are in the Washington area, don’t need to go out to Kansas. So we’ll do that, and then we’ll move him after that.

Q: You said — I think you said that that — I think a couple of weeks ago that (inaudible) —

MR. JOHNSON: Yes.

Q: — what triggered that?

MR. JOHNSON: Well, you know, this issue has been obviously in the media.

Under normal circumstances, I’d like to believe that we — if there were issues about whether another facility is more suitable for one of our pre-trial confinees, we would — we would take a look at that in a comprehensive joint fashion. Because this has been in the newspapers, people at our level have been involved in taking a look at that as well. And so that’s the process that began several weeks ago.

Q: So it is fair to say that media criticism about his treatment did play some role in his transfer here.

MR. JOHNSON: I wouldn’t characterize it that way. I think it is fair to say that because this case has been in the media, people at Dr. Westphal’s level and my level have been involved in this process, and that’s fair to say.

And while Johnson claims that Manning’s Quantico treatment was legal, both he and Under Secretary of the Army Joseph Westphal admit that Quantico is not appropriate for long-term pre-trial detention.

Johnson: We remain satisfied that Private Manning’s pre-trial confinement at Quantico was in compliance with legal and regulatory standards in all respects, and we salute the military personnel there for the job they did in difficult circumstances.

[snip]

MR. WESTPHAL: Let me just add to that.

I think the issue there is, we began discussing the fact that Private Manning had been at this facility now at Quantico for — at this time, over eight months, and that this is a facility really designed for — and the average stay for pre-trial is maybe two months. I don’t have all the details, but it’s a short stay. It’s not designed for these long-term situations.

Indeed, Johnson even admits it is “rare if not unprecedented” that someone would be held there for nine or ten months.

Q: What was no longer suitable at Quantico?

MR. JOHNSON: As Dr. Westphal said, Quantico is a place where pre-trial confinees reside for one month, two months, three months. It is rare if not unprecedented that somebody is there for as long as nine or 10 months.

When Obama was asked whether Manning’s treatment was appropriate, Manning had been in Quantico for almost eight months, several times longer–according to Johnson and Westphal–than appropriate for someone to be held in pre-trial detention at Quantico.

So how is it that the President of the United States stated he had been assured by DOD that Manning’s treatment was appropriate? Did the Pentagon misinform Obama? Or did the Pentagon not even review Manning’s treatment until after Obama got asked such questions and answered as if such a review had already taken place?

MSNBC’s New Sources on Bradley Manning’s Treatment: Pentagon Officials

Back in January, long-time Pentagon reporter Jim Miklaszewski caused a stir when he published a story with two big scoops. First, that investigators had been unable to tie Bradley Manning to Julian Assange. More importantly, Miklaszewski cited “military officials” saying that Brig Commander James Averhart had improperly put Manning on suicide watch on January 18.

On Monday, U.S. military officials also strongly denied allegations that Manning, being held in connection with the WikiLeaks’ release of classified documents, has been “tortured” and held in “solitary confinement” without due process.The officials told NBC News, however, that a U.S. Marine commander did violate procedure when he placed Manning on “suicide watch” last week.

Military officials said Brig Commander James Averhart did not have the authority to place Manning on suicide watch for two days last week, and that only medical personnel are allowed to make that call.

The official said that after Manning had allegedly failed to follow orders from his Marine guards. Averhart declared Manning a “suicide risk.” Manning was then placed on suicide watch, which meant he was confined to his cell, stripped of most of his clothing and deprived of his reading glasses — anything that Manning could use to harm himself. At the urging of U.S. Army lawyers, Averhart lifted the suicide watch. [my emphasis]

That’s interesting because his version of similar allegations yesterday includes new sources: Pentagon officials (though the claim that Manning was not tortured remains sourced exclusively to “military officials”).

Military and Pentagon officials insist the action was punishment for what the Marines considered disrespect from Manning. Such tactics for disciplinary reasons are against military regulations.

[snip]

This will make visits with his civilian attorney, family and some friends more difficult, but it’s the nearest such facility for pre-trial confinement the Army has. Manning will have to return to Fort Belvoir in Virginia for any court appearances.  Putting him back into Quantico is “out of the question,” according to Pentagon and military officials, so the Army may make arrangements with a civilian detention facility to hold him temporarily as needed.

U.S. military officials, who spoke to NBC News on condition of anonymity, deny Manning was tortured, but one said “the Marines blew it” in terms of how they treated him. [my emphasis]

In other words, unless Miklaszewski is playing fast and loose with sourcing conventions, sometime in the last three months, some civilian(s) at the Pentagon reviewed what happened back in January and came to the same conclusions that the anonymous military officials had: Manning’s forced nudity and suicide watch were punitive, not preventative.

Read more

PJ Crowley: “Will My Words Be Credible?”

There’s something deeply ironic about the beltway’s most tawdry purveyor of the Village narrative, Politico (“Win the morning™”), treating former State Department Spokesperson PJ Crowley’s investment in a strategic narrative dismissively. Ben Smith seems like he has never heard of something called “a narrative” or, on a larger scale, “ideology” before.

Secretary of State Hillary Clinton brought Crowley, 59, to the State Department in part because he was viewed as someone who was virtually certain to make none of those mistakes. Crowley had always seemed the soul of discretion, a spokesman so wedded to the daily guidance during the Clinton White House years that reporters joked that he might go on background if asked what the next day’s weather forecast looked like.

But unbeknown to his new colleagues at State – and many of his old friends across Washington – Crowley arrived at State after an evolution of sorts. The career Air Force officer, who had entered a military establishment still scarred by the Vietnam War and still deeply hostile to the press, spent his years in civilian life at the Center for American Progress, thinking about strategy. There, some colleagues were surprised to find that his politics seemed to have been shaped more, as one put it, by his native Massachusetts than the Air Force. He settled on the idea of “strategic narrative,” a concept that has made its way into national security jargon from business theory, and one he included in a report he wrote for CAP.

Which is, I think, why Smith misses the key reason why Crowley went off the handle–and why his ouster was inevitable.

Note the emphasis Crowley puts on matching words to deeds to values in his interview.

At the State Department podium, Crowley seemed to find his voice and to also realize that his voice could shape policy. “In the digital global age that we’re in, our actions and our words have greater impact. I knew that at the podium – that I would say something and within a few hours, the message would be received somewhere else – and a response,” he said. “That has impact, because on a regular basis, at the podium, I would challenge the impact of other countries on the treatment of their own citizens, their treatment of prisoners, on their treatment of the media.”

[snip]

“There were times when I thought it was important to push for the United States to take a public stand,” he said of his time at the podium. “I thought it was important to make sure that what we were saying and what we were doing would be consistent with, not only our interest but our values.”

[snip]

“I view myself as a strategic thinker and always tried to put what I was saying at the podium in a broader context and trying to always assess, will my words be credible?” he said.

Crowley talks about his public statements criticizing other countries for the treatment of citizens, prisoners, and media. He reflects on the importance of “what we were saying” and “what we were doing” matching our values. And he describes reflecting–always assessing–“will my words be credible?”

As it happens, Smith looks at a series of statements Crowley made that were undiplomatic about individual people–mocking the nonsense Qaddafi was spewing, suggesting Egypt had to do more than “shuffle the deck.” Smith also recalls Crowley’s analogy between the Japanese tsunami and the wave of unrest across the Middle East.

But he doesn’t look at what I consider, still, one of Crowley’s most telling statements (as it happens, like his comments on Bradley Manning’s ridiculous and counterproductive and stupid treatment, this also took place in a talk at a university), one which addresses all of the issues Crowley raised in his interview with Smith.

No one is a greater advocate for a vibrant independent and responsible press, committed to the promotion of freedom of expression and development of a true global civil society, than the United States. Every day, we express concern about the plight of journalists (or bloggers) around the world who are intimidated, jailed or even killed by governments that are afraid of their people, and afraid of the empowerment that comes with the free flow of information within a civil society.

Most recently, we did so in the context of Tunisia, which has hacked social media accounts while claiming to protect their citizens from the incitement of violence. But in doing so, we feel the government is unduly restricting the ability of its people to peacefully assemble and express their views in order to influence government policies. These are universal principles that we continue to support.  And we practice what we preach. Just look at our own country and cable television. We don’t silence dissidents. We make them television news analysts.

Some in the human rights community in this country, and around the world, are questioning our commitment to freedom of expression, freedom of the press and Internet freedom in the aftermath of WikiLeaks. I am constrained in what I can say, both because individual cables remain classified, and the leak is under investigation by the Department of Justice. But let me briefly put this in context and then I will open things up for questions.  WikiLeaks is about the unauthorized disclosure of classified information. It is not an exercise in Internet freedom. It is about the legitimate investigation of a crime. It is about the need to continue to protect sensitive information while enabling the free flow of public information. [my emphasis]

This is, at a key level, strategic narrative (or, what we used to call ideology back when it helped us win the Cold War) at work. The United States believes, Crowley said, in a vibrant independent press. The United States is committed to the promotion of freedom of expression. The United States considers social networking to be akin to freedom of assembly–and it defends such assembly. The United States doesn’t silence dissidents.

Of course, those statements are all well and good–and they may well help win us support among aspiring dissidents (or maybe not).

But they were not credible. Given that the US had, presumably, already done its own hacking of citizen speech when it took down Wikileaks in this country, given the government’s presumed actions to cut off WikiLeaks’ infrastructure in this country, and given the way DOD subjected Bradley Manning–an alleged leaker, yes, but also, clearly, a dissident–to forced nudity, the things Crowley was saying in support of the Arab spring uprising were not credible.

Now, frankly, I’m not sure whether Crowley believes what he said–that the US is the world’s greatest advocate for freedom of expression. Or whether he believes the image that the United States used to have as the bastion of human rights serves an important strategic purpose in our diplomacy abroad.

Whichever it is, though, it’s pretty clear our government–Republicans and Democrats–no longer remain committed to using the myth of America as a key tool of our diplomacy anymore (some nice speeches in and about Cairo notwithstanding). And for a guy who spent his lifetime serving that ideal, it was only a matter of time before the conflict between the ideal and the reality led to his departure.

The United States of Monsanto

Last night, I was on BlogTalkRadio with former Ambassador to Nigeria John Campbell talking about WikiLeaks, secrecy, and democracy. As a way to illustrate how the secrecy of diplomatic cables hides a great deal of undemocratic ideas, I raised the emphasis State Department Under Secretary for Management Patrick Kennedy placed in a hearing on WikiLeaks on State’s role in pitching US business.

This formal channel between Washington and our overseas posts provides the Department and other U.S. Government agencies crucial information about the context in which we collectively advance our national interests on a variety of issues. For example, these communications may contain information about promoting American export opportunities, protecting American citizens overseas, and supporting military operations.

I pointed out that WikiLeaks had revealed that our diplomats had proposed a “military-style trade war” to force Europeans to adopt Monsanto’s controversial products.

The US embassy in Paris advised Washington to start a military-style trade war against any European Union country which opposed genetically modified (GM) crops, newly released WikiLeaks cables show.

In response to moves by France to ban a Monsanto GM corn variety in late 2007, the ambassador, Craig Stapleton, a friend and business partner of former US president George Bush, asked Washington to penalise the EU and particularly countries which did not support the use of GM crops.

“Country team Paris recommends that we calibrate a target retaliation list that causes some pain across the EU since this is a collective responsibility, but that also focuses in part on the worst culprits.

“The list should be measured rather than vicious and must be sustainable over the long term, since we should not expect an early victory. Moving to retaliation will make clear that the current path has real costs to EU interests and could help strengthen European pro-biotech voices,” said Stapleton, who with Bush co-owned the St Louis-based Texas Rangers baseball team in the 1990s.

Here’s another example of how our government bureaucracy has decided that Monsanto and highly subsidized American cotton growers are more important than things like funding heating oil for the poor or teachers. {h/t Raj Patel)

On February 18, Republicans in the House of Representatives defeated an obscure amendment to the House Appropriations bill by a 2-to-1 margin. The Kind Amendment would have eliminated $147 million dollars that the federal government pays every year directly to Brazilian cotton farmers. In an era of nationwide belt tightening, with funding for things like education and the U.S. Farm Bill on the chopping block, defending payments to Brazilian farmers may seem curious.

These subsidies are the compromise the US and Brazil have concocted to resolve a trade dispute: Brazilian cotton growers won a case against US cotton subsidies. In response, Brazil proposed suspending its Intellectual Property obligations. Instead, our government effectively agreed to subsidize Brazilian growers to make sure we can continue to pay silly cotton subsidies here in the US without endangering Monsanto’s royalties in Brazil.

In WTO language, Brazil was allowed to suspend its obligations to U.S. companies under the Trade-related Aspects of Intellectual Property Rights (TRIPS) agreement. This constituted a major threat to the profits of U.S. agribusiness giants Monsanto and Pioneer, since Brazil is the second largest grower of biotech crops in the world. Fifty percent of Brazil’s corn harvest is engineered to produce the pesticide Bt, and Monsanto’s YieldGard VT Pro is a popular product among Brazilian corn farmers. By targeting the profits of major U.S. corporations, the Brazilian government put the U.S. in a tough spot: either let the subsidies stand and allow Brazilian farmers to plant Monsanto and Pioneer seeds without paying royalties, or substantially reform the cotton program. In essence, Brazil was pitting the interests of Big Agribusiness against those of Big Cotton, and the U.S. government was caught in the middle.

The two governments, however, managed to come up with a creative solution. In a 2009 WTO “framework agreement,” the U.S. created the Commodity Conservation Corporation (CCC), and Brazil created the Brazilian Cotton Institute (BCI). Rather than eliminating or substantially reforming cotton subsidies, the CCC pays the BCI $147 million dollars a year in “technical assistance,” which happens to be the same amount the WTO authorized for trade retaliation specifically for cotton payments. In essence, then, the U.S. government pays a subsidy to Brazilian cotton farmers every year to protect the U.S. cotton program—and the profits of companies like Monsanto and Pioneer.

Now, how did our country decide this kind of insanity is really in the “national interest”? Who decided Monsanto was a more worthy American “citizen” than the poor and the children?

Former Army Intelligence Analyst: “Army security is like a Band-Aid on a sunken chest wound”

Evan Knappenberger, a member of Iraq Veterans Against the War who served in roughly the same position Bradley Manning did (but several years earlier), was interviewed by his college newspaper about my latest obsession, DOD’s network security. (h/t Asher_Wolf)

What kind of access did you have here and in Iraq?

Army security is like a Band-Aid on a sunken [sic] chest wound. I remember when I was training, before I had my clearance even, they were talking about diplomatic cables. It was a big scandal at Fort Huachuca (Arizona), with all these kids from analyst school. Somebody said (in the cables) Sadaam wanted to negotiate and was willing to agree to peace terms before we invaded, and Bush said no. And this wasn’t very widely known. Somehow it came across on a cable at Fort Huachuca, and everybody at the fort knew about it.

It’s interesting the access we had. I did the briefing for a two-star general every morning for a year. So I had secret and top-secret information readily available. The funny thing is, Western’s password system they have here on all these computers is better security than the Army had on their secret computers.

There are 2 million people, many of them not U.S. citizens, with access to SIPRNet (Secret Internet Protocol Router Network, the Department of Defense’s largest network for the exchange of classified information and messages). There are 1,400 government agencies with SIPR websites. It’s not that secret.

[snip]

We basically gave (the Iraqi army) SIPRNet. It’s not official, but if you’ve got a secret Internet computer sitting there with a wire running across from the American side of the base, with no guard, you’re basically giving them access.

Then in every Iraqi division command post, you have a SIPRNet computer, with all the stuff Bradley Manning leaked and massive amounts more.

I could look up FBI files on the SIPRNet. In fact, I was reading Hunter Thompson’s “Hell’s Angels” book, and I was like “this sounds cool,” and I looked up all the Hell’s Angels.

Now, as I said, Knappenberger was in Iraq several years before Manning, before malware was introduced into DOD networks via a thumb drive and the limited response DOD made to that. So this can’t necessarily be taken as a description of what the network was like when Manning allegedly downloaded three databases on a Lady Gaga CD, nor as a description of what it is now (though as Congressional testimony has made clear, DOD isn’t in a big rush to fix its gaping security problems).

But Knappenberger’s account backs up two points I’ve been making: first, the level of security tolerated in DOD is far worse than what you’d find on networks in the States that carry much less sensitive information (he refers to the network at Western Washington University).

Further, one of DOD’s challenges is that we need to share information with our “coalition partners” (in his account, the Iraqi army). No matter how trustworthy they seem, these coalition partners are going to have different motivations than American soldiers (think, for example, how close members of Nuri al-Maliki’s government are to Iran). They may be far more susceptible to approaches from other countries’ intelligence services than your average Army Specialist. And if there are data breaches to foreign government, we (both citizens and our government) may not be learning about them.

And there’s some indication our network security is weakest precisely at those points where we are sharing data. One of the reasons 12% of SIPRNet computers will remain accessible to removable media, after all, is to facilitate sharing of data with coalition partners. While DOD is finally implementing a buddy system to add a level of security at those sensitive computers, that still leaves them exposed to human sloppiness.

With security like this, the data Manning is alleged to have taken simply can’t be called secret. Limited access, maybe. But it’s not even clear we’re limiting access from the people who most seriously shouldn’t have it.

WikiLeaks Reveals that China Already Knows What WikiLeaks Reveals

I’ve been bitching and bitching and bitching and bitching about DOD’s refusal to fix the gaping holes in its network security even while it cries that Bradley Manning allegedly downloaded a bunch of cables using those gaping holes. As I point out, if all it took Manning to get all these databases was one Lady Gaga CD, then presumably our enemies can and do get what they want pretty easily, too.

As citizens, we just don’t ever find out about those other data breaches.

Well, apparently someone leaked a set of previously unreported WikiLeaks cables to Reuters, which used them as one of many sources to report on how much data China is just hacking from our government networks, including the sieve-like DOD ones.

Secret U.S. State Department cables, obtained by WikiLeaks and made available to Reuters by a third party, trace systems breaches — colorfully code-named “Byzantine Hades” by U.S. investigators — to the Chinese military. An April 2009 cable even pinpoints the attacks to a specific unit of China’s People’s Liberation Army.

Privately, U.S. officials have long suspected that the Chinese government and in particular the military was behind the cyber-attacks. What was never disclosed publicly, until now, was evidence.

U.S. efforts to halt Byzantine Hades hacks are ongoing, according to four sources familiar with investigations. In the April 2009 cable, officials in the State Department’s Cyber Threat Analysis Division noted that several Chinese-registered Web sites were “involved in Byzantine Hades intrusion activity in 2006.”

[snip]

What is known is the extent to which Chinese hackers use “spear-phishing” as their preferred tactic to get inside otherwise forbidden networks. Compromised email accounts are the easiest way to launch spear-phish because the hackers can send the messages to entire contact lists.

The tactic is so prevalent, and so successful, that “we have given up on the idea we can keep our networks pristine,” says Stewart Baker, a former senior cyber-security official at the U.S. Department of Homeland Security and National Security Agency. It’s safer, government and private experts say, to assume the worst — that any network is vulnerable. [my emphasis]

Oh, okay.

Our government has apparently conceded it can’t keep its networks secret from China.

I’m not surprised, mind you. While I assume the problems at DOD are a worst case scenario (because of its size and logistical issues stemming from all the wars we’re running), the size of the gaping holes at DOD (and the lackadaisical attitude DOD has about closing them) shows how low a priority network security is in our government generally.

Plus, Chinese hackers are that good.

But the confirmation that China can basically just take what it wants at will really raises new questions about our government’s treatment of Bradley Manning specifically and its hyper-secrecy more generally.

If we’re not keeping all these secrets from China, our biggest rival, who are we keeping them from? If our adversaries can just go and get whatever they want off our networks, then why has the government treated Bradley Manning’s allegedly doing the same a capital offense? And if our government has just conceded that China can take what it wants, then why won’t it let its own citizens know what China presumably already knows?