Fake terror plots, paid informants: the tactics of FBI ‘entrapment’ questioned

Critics say bureau is running a sting operation across America, targeting vulnerable people by luring them into fake terror plots

The FBI has drawn criticism over its apparent use of ‘entrapment’ tactics. Photograph: Chip Somodevilla/Getty Images

David Williams did not have an easy life. He moved to Newburgh, a gritty, impoverished town on the banks of the Hudson an hour or so north of New York, at just 10 years old. For a young, black American boy with a father in jail, trouble was everywhere.

Williams also made bad choices. He ended up going to jail for dealing drugs. When he came out in 2007 he tried to go straight, but money was tight and his brother, Lord, needed cash for a liver transplant. Life is hard in Newburgh if you are poor, have a drug rap and need cash quickly.

His aunt, Alicia McWilliams, was honest about the tough streets her nephew was dealing with. “Newburgh is a hard place,” she said. So it was perhaps no surprise that in May, 2009, David Williams was arrested again and hit with a 25-year jail sentence. But it was not for drugs offences. Or any other common crime. Instead Williams and three other struggling local men beset by drug, criminal and mental health issues were convicted of an Islamic terrorist plot to blow up Jewish synagogues and shoot down military jets with missiles.

Even more shocking was that the organisation, money, weapons and motivation for this plot did not come from real Islamic terrorists. It came from the FBI, and an informant paid to pose as a terrorist mastermind paying big bucks for help in carrying out an attack. For McWilliams, her own government had actually cajoled and paid her beloved nephew into being a terrorist, created a fake plot and then jailed him for it. “I feel like I am in the Twilight Zone,” she told the Guardian.

Lawyers for the so-called Newburgh Four have now launched an appeal that will be held early next year. Advocates hope the case offers the best chance of exposing the issue of FBI “entrapment” in terror cases. “We have as close to a legal entrapment case as I have ever seen,” said Susanne Brody, who represents another Newburgh defendant, Onta Williams.

Some experts agree. “The target, the motive, the ideology and the plot were all led by the FBI,” said Karen Greenberg, a law professor at Fordham University in New York, who specialises in studying the new FBI tactics.

But the issue is one that stretches far beyond Newburgh. Critics say the FBI is running a sting operation across America, targeting – to a large extent – the Muslim community by luring people into fake terror plots. FBI bureaux send informants to trawl through Muslim communities, hang out in mosques and community centres, and talk of radical Islam in order to identify possible targets sympathetic to such ideals. Or they will respond to the most bizarre of tip-offs, including, in one case, a man who claimed to have seen terror chief Ayman al-Zawahiri living in northern California in the late 1990s.

That tipster was quickly hired as a well-paid informant. If suitable suspects are identified, FBI agents then run a sting, often creating a fake terror plot in which it helps supply weapons and targets. Then, dramatic arrests are made, press conferences held and lengthy convictions secured.

But what is not clear is if many real, actual terrorists are involved.
The homes of the Fort Dix Five were raided by the FBI. Photograph: Joseph Kaczmarek/AP

Another “entrapment” case is on the radar too. The Fort Dix Five – accused of plotting to attack a New Jersey army base – have also appealed against their convictions. That case too involved dubious use of paid informants, an apparent over-reach of evidence and a plot that seemed suggested by the government.

Burim Duka, whose three brothers were jailed for life for their part in the scheme, insists they did not know they were part of a terror plot and were just buying guns for shooting holidays in a deal arranged by a friend. The “friend” was an informant who had persuaded another man of a desire to attack Fort Dix.

Duka is convinced his brothers’ appeal has a good chance. “I am hopeful,” he told the Guardian.

But things may not be that easy. At issue is the word “entrapment”, which has two definitions. There is the common usage, where a citizen might see FBI operations as deliberate traps manipulating unwary people who otherwise were unlikely to become terrorists. Then there is the legal definition of entrapment, where the prosecution merely has to show a subject was predisposed to carry out the actions they later are accused of.

Theoretically, a simple expression, like support for jihad, might suffice, and in post-9/11 America neither judges nor juries tend to be nuanced in terror trials. “Legally, you have to use the word entrapment very carefully. It is a very strict legal term,” said Greenberg.

But in its commonly understood usage, FBI entrapment is a widespread tactic. Within days of the 9/11 terror attacks, FBI director Robert Mueller issued a memo on a new policy of “forward leaning – preventative – prosecutions”.

Central to that is a growing informant network. The FBI is not choosy about the people it uses. Some have criminal records, including attempted murder or drug dealing or fraud. They are often paid six-figure sums, which critics say creates a motivation to entrap targets. Some are motivated by the promise of debts forgiven or immigration violations wiped clean. There has also been a relaxing of rules on what criteria the FBI needs to launch an investigation.

Often they just seem to be “fishing expeditions”. In the Newburgh case, the men involved met FBI informant Shahed Hussain simply because he happened to infiltrate their mosque. In southern California, FBI informant Craig Monteilh trawled mosques posing as a Muslim and tried to act as a magnet for potential radicals.

Monteilh, who bugged scores of people, is a convicted felon with serious drug charges to his name. His operation turned up nothing. But Monteilh’s professed terrorist sympathy so unnerved his Muslim targets that they got a restraining order against him and alerted the FBI, not realising Monteilh was actually working on the bureau’s behalf.

Muslim civil rights groups have warned of a feeling of being hounded and threatened by the FBI, triggering a natural fear of the authorities among people that should be a vital defence against real terror attacks. But FBI tactics could now be putting off many people from reporting tip-offs or suspicious individuals.

“They are making mosques suspicious of anybody. They are putting fear into these communities,” said Greenberg. Civil liberties groups are also concerned, seeing some FBI tactics as using terrorism to justify more power. “We are still seeing an expansion of these tools. It is a terrible prospect,” said Mike German, an expert at the American Civil Liberties Union and a former FBI agent who has worked in counter-terrorism.

German said suspects convicted of plotting terror attacks in some recent FBI cases bore little resemblance to the profile of most terrorist cells. “Most of these suspect terrorists had no access to weapons unless the government provided them. I would say that showed they were not the biggest threat to the US,” German said.

“Most terrorists have links to foreign terrorist groups and have trained in terrorism training camps. Perhaps FBI resources should be spent finding those guys.”

Also, some of the most serious terrorist attacks carried out in the US since 9/11 have revolved around “lone wolf” actions, not the sort of conspiracy plots the FBI have been striving to combat. The 2010 Times Square bomber, Faisal Shahzad, only came to light after his car bomb failed to go off properly. The Fort Hood killer Nidal Malik Hasan, who shot dead 13 people on a Texas army base in 2009, was only discovered after he started firing. Both evaded the radar of an FBI expending resources setting up fictional crimes and then prosecuting those involved.

Yet, as advocates for those caught up in “entrapment” cases discover, there is little public or judicial sympathy for them. Even in cases where judges have admitted FBI tactics have raised serious questions, there has been no hesitation in returning guilty verdicts, handing down lengthy sentences and dismissing appeals.

The Liberty City Seven are a case in point. The 2006 case involved an informant, Elie Assaad, with a dubious past (he was once arrested, but not charged, for beating his pregnant wife). Assaad was let loose with another informant on a group of men in Liberty City, a poor, predominantly black, suburb of Miami. The targets were followers of a cult-like group called The Seas of David, led by former Guardian Angel Narseal Batiste.

The group was, perhaps, not even Muslim, as its religious practices involved Bible study and wearing the Star of David. Yet Assaad posed as an Al-Qaida operative, and got members of the group to swear allegiance. Transcripts of the “oath-taking” ceremony are almost farcical. Batiste repeatedly queries the idea and appears bullied into it. In effect, defence lawyers argued, the men were confused, impoverished members of an obscure cult.

Yet targets the group supposedly entertained attacking included the Sears Tower in Chicago, Hollywood movie studios and the Empire State Building. Even zealous prosecutors, painting a picture of dedicated Islamic terrorists, admitted any potential plots were “aspirational”, given the group had no means to carry them out.

…

Paul Harris in New York
guardian.co.uk, Wednesday 16 November 2011 17.33 GMT

Find this story at 16 November 2011
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

The FBI’s synagogue bomb plot; The ethics of a sting operation to foment a terror plot are dubious enough, but its government-sponsored antisemitism is revolting

James Cromitie in police custody in May 2009, after his arrest by the FBI in a sting operation involving a bomb plot against a Jewish community centre in Riverdale, New York. Photograph: AP Photo/Robert Mecea Photograph: Robert Mecea/AP

On Wednesday, a much-publicised FBI terrorism sting concluded when three of four men from Newburgh, New York were sentenced to 25 years in prison (a fourth will be sentenced next Tuesday). The four men had, along with an FBI informant who led the plot, planted a bomb at a Jewish community centre just outside New York City and procured a Stinger missile with which to attack the army’s Stewart air base.

At first glance, it was the perfect homegrown terrorism trial. All the crucial ingredients were there: a group of suspects allegedly linked to a foreign terrorist organisation; the placement of explosives; and targets that were bound to arouse fear in discreet communities. The only problem, as Judge Colleen McMahon pointed out at sentencing, was that this was not really a typical terrorism case but “sui generis … unique and troubling”.

The reason, the judge explained, was that “there would never have been any case if the government had not made one up.” But this was only part of the troubling story.

The real problem began not with the suspects, but with the government’s confidential informant. Shahed Hussain, a 53-year-old Pakistani citizen who has reportedly lived in the United States for several years, served as the point person in a sting operation in which, as the judge explained, “no one except the government instigated, planned and brought [the plot] to fruition.”

Throughout the sentencing, Judge McMahon remained firm: this case was a government invention. The men in question did not agree to carry out the crime due to ideology. They had no allegiance to, or even knowledge, of the terrorist group Jaish-i-Mohammed, in whose name they allegedly acted. They were not motivated to criminal behaviour by their allegiance to Allah. They were motivated, purely and simply, by money; as such, they were criminals deserving punishment, but not terrorists. As Judge McMahon repeatedly stated, these men were not equivalent to the 2010 Times Square bomber, Faisal Shazad, or other ideologically motivated terrorists.

Still, McMahon could find no valid legal precedent for overturning the jury conviction of the defendants on trial for terrorism-related charges. She sentenced all three men to the mandatory minimum of 25 years, rejecting the prosecution’s request for life sentences. But the question remains: why did she uphold even the mandatory minimums when she repeatedly said that the government had dreamed up the whole case? Why did she decide this way when she expressed her disappointment repeatedly with the government’s conduct in the case? Was it because, as the lead prosecutor David Raskin declared, “The fact that it was all fake really doesn’t matter.” Was it because the defendants placed what they thought to be a live bomb outside a Jewish community centre in Riverdale, and were thus willing to kill many innocent people?

The rationale for McMahon’s harsh sentence was the most pronounced and least discussed element of this sting: the blatant antisemitism at the heart of it. In dozens of hours of taped conversation, Cromitie had expounded in graphic terms about his hatred for Jews and his desire to get back at those who he felt were biased against his Muslim practices.

On Thursday, as during the trial, Judge McMahon reminded the court just how appalling were those expressions of loathing. She excoriated Cromitie for his vile views, exhibiting to her mind “a hatred that is particularly horrifying to members of my generation whose fathers and grandfathers and friends and neighbours helped liberate the concentration camps from the Nazis”. She quoted from one of the more unpleasant passages of the trial itself, denouncing the sentiment that “all the evil in the world is due to the Jews”.

…

• Research for this piece was contributed by Susan Quatrone and Camilla MacFarland

 

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Ambush of a university police officer set in chain a high-speed chase and a bloody shootout with the two bombing suspects – and led to a panicked city being placed on lockdown. Ed Pilkington reports

Karen Greenberg
guardian.co.uk, Thursday 30 June 2011 20.30 BST

 

Find this story at 30 June 2011

 

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Former CIA officer: ‘Absurd’ to link uncle of Boston suspects, Agency

Retired CIA officer Graham Fuller confirmed to Al-Monitor Saturday that his daughter was previously married to an uncle of the suspects in the Boston Marathon attacks, but called rumors of any links between the uncle and the Agency “absurd.”

Graham Fuller’s daughter, Samantha A. Fuller, was married to Ruslan Tsarnaev (now Tsarni) in the mid-1990s, and divorced in 1999, according to North Carolina public records. The elder Fuller had retired from the agency almost a decade before the brief marriage.

“Samantha was married to Ruslan Tsarnaev (Tsarni) for 3-4 years, and they lived in Bishkek for one year where Samantha was working for Price Waterhouse on privatization projects,” Fulller, a former CIA officer in Turkey and vice chairman of the National Intelligence Council, told Al-Monitor by email Saturday. “They also lived in our house in [Maryland] for a year or so and they were divorced in 1999, I believe.”

“I, of course, retired from CIA in 1987 and had moved on to working as a senior political scientist for RAND,” Fuller continued.

Fuller said his former son in law was interesting but homesick, and moved back to Central Asia after the divorce.

“Like all Chechens, Ruslan was very concerned about his native land, but I saw no particular involvement in politics, [although] he did try to contact other Chechens around,” Fuller continued. “He also felt homesick and eventually went back to Central Asia after the divorce. His English was shaky. (We always spoke Russian together).”

A story on the Internet implying “possible connections between Ruslan and the Agency through me are absurd,” Fuller said.

“I doubt [Ruslan] even had much to say of intelligence value other than talking about his own family’s sad tale of deportation from Chechnya by Stalin to Central Asia,” Fuller said. “Every Chechen family has such stories.”

Fuller said he had made several visits to Central Asia to do research on post-Soviet political developments, and visited his daughter and Tsarni there. “Our visit is briefly mentioned in my recent memoir, Three Truths and a Lie, as well as their marriage celebration in [Maryland],” he wrote.

A former Russian history and literature major at Harvard, Fuller said he had a long interest in Soviet minorities, and found Ruslan interesting.

Ruslan Tsarni has said in media interviews that his family was estranged from his brother Aznor’s, over what Ruslan described as the growing religious fanaticism of Aznor’s wife, Zubeidat, and that the families had not spoken for several years. Aznor and Zubeidat’s sons Tamerlan, 26, and Dzhokhar, 19, are accused of carrying out the April 15th Boston Marathon bombings.

Fuller said he thinks he met Aznor Tsarnaev once, fleetingly, in Kazakhstan. His daughter, he said, knew the family better, but when Tamerlan was just a toddler, and Dzhokhar not yet born.

…

Posted on April 27, 2013 by Laura Rozen

Find this story at 27 April 2013

© 2013 AL-MONITOR

Boston terror suspects uncle was married to CIA officer’s daughter and even shared a home with the agent

An uncle of the Boston bombers was previously married to a CIA officer’s daughter for three years, it emerged today.

Ruslan Tsarni, who publicly denounced his two terrorist nephews’ actions and called them ‘Losers’, even lived with his father-in-law agent Graham Fuller in his Maryland home for a year.

Mr Fuller was forced to explain the relationship today as news of the family link emerged online.

Son-in-law: Former CIA agent Graham Fuller, left, explained his relationship to the two Boston terror suspects’ uncle today. Ruslan Tsarni, right, was married for three years to his daughter, Samantha

He told Al-Monitor that his daughter, Samantha, was married to Ruslan, whose surname was then Tsarnaev, for three to four years in the 1990s.

The couple divorced in 1999 more than ten years after he left the agency in 1987.

‘Samantha was married to Ruslan Tsarnaev (Tsarni) for 3-4 years, and they lived in Bishkek for one year where Samantha was working for Price Waterhouse on privatization projects,’ Mr Fuller said.

‘They also lived in our house in [Maryland] for a year or so and they were divorced in 1999, I believe.

‘I, of course, retired from CIA in 1987 and had moved on to working as a senior political scientist for RAND.’

He said his son-in-law showed no interest in the agency or politics but spoke generally about his family in Chechnya.

He said any attempts to portray the relationship as a link between the security agency and the two terrorists was ‘absurd’.

‘Like all Chechens, Ruslan was very concerned about his native land, but I saw no particular involvement in politics,’ Fuller told Al-Monitor.

‘I doubt he even had much to say of intelligence value other than talking about his own family’s sad tale of deportation from Chechnya by Stalin to Central Asia. Every Chechen family has such stories.’

Nephews: Tamerlan and Dzhokhar Tsarnaev could at one time count a CIA agent’s daughter as their aunt

Outraged: Ruslan Tsarni made his feelings against his nephews actions known to the media in the aftermath of the Boston attacks

Fuller visited his daughter and her husband in Bishek, as a former Russian history graduate himself interested in ‘Soviet minorities’.

He said he may have met the terror suspects’ father, Aznor, there once and his daughter knew the Tsarnaev family when Tamerlan was a toddler and before his younger brother was born.

‘I for one was astonished at the events, and to find myself at two degrees of separation from them,’ he added.

Ruslan Tsarni, who lives in Montgomery Village, Maryland, was thrust into the spotlight as the names of his two nephews emerged in connection to the Boston terror attack.

He stood on his driveway and attacked the two men calling them ‘Losers’.

He has since reported a rift between his family and that of his brother Aznor’s and said his older nephew Tamerlan had become increasingly extreme in his religious views.

…

By Katie Davies

PUBLISHED: 23:34 GMT, 27 April 2013 | UPDATED: 05:55 GMT, 28 April 2013

Find this story at 27 April 2013

© Associated Newspapers Ltd

Anti-terror task force was warned of Tamerlan Tsarnaev’s long trip to Russia

Nine months before the Boston Marathon bombing, a U.S. counterterrorism task force received a warning that a suspected militant had returned from a lengthy trip to Russia, U.S. officials said.

The warning was delivered to a single U.S. Customs and Border Protection official assigned to Boston’s Joint Terrorism Task Force, a cell of specialists from federal and local law enforcement agencies. The task force was part of a network of multi-agency organizations set up across the country after the Sept. 11, 2001, attacks to make sure that clues and tips were shared.

But officials said there is no indication that the unidentified customs officer provided the information to any other members of the task force, including FBI agents who had previously interviewed the militant.

The man whose return from Russia went largely unnoticed was one of the two brothers who would later be accused of carrying out the April 15 bombing that killed three people and injured more than 250 others near the finish line of the Boston Marathon.

The apparent failure to alert the FBI has emerged as a significant, if slender, missed opportunity to scrutinize Tamerlan Tsarnaev’s activities ahead of the Boston attack.

A U.S. official, speaking on condition of anonymity, said there would not have been reason to scrutinize Tsarnaev further, even if the information on his travels had been shared more widely.

“The FBI investigation into the individual in question had been closed six months prior to his departure from the United States and more than a year before his return,” the official said. “Since there was no derogatory information, there was no reason to suggest that additional action was warranted.”

The disclosure — one of several to cause lawmakers to express concern about persistent gaps in U.S. counterterrorism procedures — came as U.S. officials revealed that the bombing suspects may have intended to carry out a follow-up attack in New York’s Times Square.

Dzhokhar Tsarnaev, 19, who is still recovering at a Boston hospital from gunshot wounds, told FBI interrogators that he and his brother came up with the Times Square plan spontaneously three days after the marathon bombings, officials said. Investigators, however, have not found any evidence that operational plans were ever set in motion.

The New York plot was derailed when the Tsarnaev brothers became the target of a manhunt by law enforcement. The older brother was killed, and the younger one captured, after a chaotic pursuit through neighborhoods of Watertown, Mass.

“We don’t know if we would have been able to stop the terrorists had they arrived here from Boston,” New York Mayor Michael R. Bloomberg (I) said during a news conference at which the plot was outlined. “We’re just thankful that we didn’t have to find out that answer.”

The criminal charges filed against Dzhokhar Tsarnaev indicate that the two brothers had at least a half-dozen explosive devices in addition to the two pressure-cooker bombs they are accused of detonating near the finish line of the marathon course.

U.S. officials said that Dzhokhar Tsarnaev has ceased cooperating with authorities since being read his Miranda rights during an unusual, makeshift court session at his hospital bedside on Monday. Before that, investigators had questioned him for about 16 hours.

The FBI opened an investigation of Tamerlan Tsarnaev in 2011 at the behest of Russian officials who expressed concern that he was becoming radicalized and could be planning an attack in Russia.

The bureau set the inquiry aside after concluding that Tsarnaev posed no threat. But notice that he had returned from a seven-month trip to Russia might have provided the FBI with new reasons to question him. He had traveled to the strife-torn region of Dagestan, in the North Caucasus, where rebels have adopted the tactics and language of militant Islamists.

After he returned to Boston, Tamerlan Tsarnaev began assembling an online library of jihadist videos and voiced anger in conversations with neighbors over the U.S. wars in Iraq and Afghanistan.

Still, U.S. officials said it is not clear that the FBI would have reopened its inquiry after Tsarnaev’s return from Russia because no new information had surfaced to indicate he was a threat. A member of an anti-terrorism panel in Dagestan said in an interview this week that he wasn’t being observed there during his visit and had done nothing to attract notice.

U.S. officials also said that the customs officer in Boston may have mentioned Tsarnaev’s return to FBI agents serving on the task force without creating a computer file to record the information had been shared.

Director of National Intelligence James R. Clapper Jr. said during an appearance at a conference in Washington on Thursday that he has seen no evidence that U.S. agencies failed. “The dots were connected,” he said. He also called on the public “not to hyperventilate for a while before we get all the facts.”

…

By Greg Miller,

Find this story at 25 April 2013

© The Washington Post Company

FBI probed bomb suspect in 2011 after a warning from Russian intelligence

THE Russian FSB intelligence security service told the FBI in early 2011 about information that Tamerlan Tsarnaev, one of the brothers suspected in the Boston marathon bombings, was a follower of radical Islam, two law enforcement officials say.

Tamerlan Tsarnaev died in a shootout, and his younger brother Dzhokhar, 19, was captured alive.

They were identified by authorities and relatives as ethnic Chechens from southern Russia who had been in the US for about a decade.

According to an earlier FBI news release, a foreign government said that based on its information, Tsarnaev, 26, was a strong believer and that he had changed drastically since 2010 as he prepared to leave the US for travel to a region in that country to join unspecified underground groups.

The FBI did not name the foreign government, but the two law enforcement officials identified the FSB as the provider of the information to one of the FBI’s field offices and also to FBI headquarters in Washington DC.

The two officials spoke on condition of anonymity because they were not authorised to speak on the record about the matter.

The FBI said that in response, it interviewed Tsarnaev and relatives, and did not find any domestic or foreign terrorism activity.

The FBI said it provided the results in the summer of 2011.

The FBI also said that it requested but did not receive more specific or additional information from the foreign government.

The bureau added that in response to the request, it checked US government databases and other information to look for such things as derogatory telephone communications, possible use of online sites associated with the promotion of radical activity, associations with other persons of interest, travel history and plans and education history.

Meanwhile a doctor involved in treating the fatally wounded Tamerlan Tsarnaev says he had injuries from head to toe but all limbs intact when he arrived at hospital.

Dr David Schoenfeld said 26-year-old Tamerlan Tsarnaev was unconscious and had so many penetrating wounds when he arrived at Beth Israel Deaconess Medical Centre after a shootout with police that it isn’t clear which ones killed him, and a medical examiner will have to determine the cause of death.

The older Tsarnaev’s clothes had been cut off by emergency responders at the scene, so if he had been wearing a vest with explosives, he wasn’t by the time he arrived at the hospital, the doctor said.

…

AP

Find this story at 21 April 2013

© The Australian

How a Single Spy Helped Turn Pakistan Against the United States

The burly American was escorted by Pakistani policemen into a crowded interrogation room. Amid a clatter of ringing mobile phones and cross talk among the cops speaking a mishmash of Urdu, Punjabi and English, the investigator tried to decipher the facts of the case.

“America, you from America?”

“Yes.”

“You’re from America, and you belong to the American Embassy?”

“Yes,” the American voice said loudly above the chatter. “My passport — at the site I showed the police officer. . . . It’s somewhere. It’s lost.”

On the jumpy video footage of the interrogation, he reached beneath his checkered flannel shirt and produced a jumble of identification badges hanging around his neck. “This is an old badge. This is Islamabad.” He showed the badge to the man across the desk and then flipped to a more recent one proving his employment in the American Consulate in Lahore.

“You are working at the consulate general in Lahore?” the policeman asked.

“Yes.”

“As a . . . ?”

“I, I just work as a consultant there.”

“Consultant?” The man behind the desk paused for a moment and then shot a question in Urdu to another policeman. “And what’s the name?”

“Raymond Davis,” the officer responded.

“Raymond Davis,” the American confirmed. “Can I sit down?”

“Please do. Give you water?” the officer asked.

“Do you have a bottle? A bottle of water?” Davis asked.

Another officer in the room laughed. “You want water?” he asked. “No money, no water.”

Another policeman walked into the room and asked for an update. “Is he understanding everything? And he just killed two men?”

Hours earlier, Davis had been navigating dense traffic in Lahore, his thick frame wedged into the driver’s seat of a white Honda Civic. A city once ruled by Mughals, Sikhs and the British, Lahore is Pakistan’s cultural and intellectual capital, and for nearly a decade it had been on the fringes of America’s secret war in Pakistan. But the map of Islamic militancy inside Pakistan had been redrawn in recent years, and factions that once had little contact with one another had cemented new alliances in response to the C.I.A.’s drone campaign in the western mountains. Groups that had focused most of their energies dreaming up bloody attacks against India were now aligning themselves closer to Al Qaeda and other organizations with a thirst for global jihad. Some of these groups had deep roots in Lahore, which was why Davis and a C.I.A. team set up operations from a safe house in the city.

But now Davis was sitting in a Lahore police station, having shot two young men who approached his car on a black motorcycle, their guns drawn, at an intersection congested with cars, bicycles and rickshaws. Davis took his semiautomatic Glock pistol and shot through the windshield, shattering the glass and hitting one of the men numerous times. As the other man fled, Davis got out of his car and shot several rounds into his back.

He radioed the American Consulate for help, and within minutes a Toyota Land Cruiser was in sight, careering in the wrong direction down a one-way street. But the S.U.V. struck and killed a young Pakistani motorcyclist and then drove away. An assortment of bizarre paraphernalia was found, including a black mask, approximately 100 bullets and a piece of cloth bearing an American flag. The camera inside Davis’s car contained photos of Pakistani military installations, taken surreptitiously.

More than two years later, the Raymond Davis episode has been largely forgotten in the United States. It was immediately overshadowed by the dramatic raid months later that killed Osama bin Laden — consigned to a footnote in the doleful narrative of America’s relationship with Pakistan. But dozens of interviews conducted over several months, with government officials and intelligence officers in Pakistan and in the United States, tell a different story: that the real unraveling of the relationship was set off by the flurry of bullets Davis unleashed on the afternoon of Jan. 27, 2011, and exacerbated by a series of misguided decisions in the days and weeks that followed. In Pakistan, it is the Davis affair, more than the Bin Laden raid, that is still discussed in the country’s crowded bazaars and corridors of power.

Davis was taken to Kot Lakhpat prison, on the industrial fringes of Lahore, a jail with a reputation for inmates dying under murky circumstances. He was separated from the rest of the prisoners and held in a section of the decaying facility where the guards didn’t carry weapons, a concession for his safety that American officials managed to extract from the prison staff. The United States Consulate in Lahore had negotiated another safeguard: A small team of dogs was tasting Davis’s food, checking that it had not been laced with poison.

For many senior Pakistani spies, the man sitting in the jail cell represented solid proof of their suspicions that the C.I.A. had sent a vast secret army to Pakistan, men who sowed chaos and violence as part of the covert American war in the country. For the C.I.A., the eventual disclosure of Davis’s role with the agency shed an unflattering light on a post–Sept. 11 reality: that the C.I.A. had farmed out some of its most sensitive jobs to outside contractors — many of them with neither the experience nor the temperament to work in the war zones of the Islamic world.

The third child of a bricklayer and a cook, Davis grew up in a small clapboard house outside Big Stone Gap, a town of nearly 6,000 people in Virginia coal country. He became a football and wrestling star at the local high school, and after graduating in 1993, Davis enlisted in the Army and did a tour in Macedonia in 1994 as a United Nations peacekeeper. When his five-year hitch in the infantry was up, he re-enlisted, this time in the Army’s Third Special Forces Group based at Fort Bragg, N.C. He left the Army in 2003 and, like hundreds of other retired Navy SEALs and Green Berets, was hired by the private security firm Blackwater and soon found himself in Iraq working security for the C.I.A.

Little is known about his work for Blackwater, but by 2006, Davis had left the firm and, together with his wife, founded a security company in Las Vegas. Soon he was hired by the C.I.A. as a private contractor, what the agency calls a “Green Badge,” for the color of the identification cards that contractors show to enter C.I.A. headquarters at Langley. Like Davis, many of the contractors were hired to fill out the C.I.A.’s Global Response Staff — bodyguards who traveled to war zones to protect case officers, assess the security of potential meeting spots, even make initial contact with sources to ensure that case officers wouldn’t be walking into an ambush. Officers from the C.I.A.’s security branch came under withering fire on the roof of the agency’s base in Benghazi, Libya, last September. The demands of the wars in Iraq and Afghanistan had so stretched the C.I.A.’s own cadre of security officers that the agency was forced to pay inflated sums to private contractors to do the security jobs. When Davis first deployed with the C.I.A. to Pakistan in 2008, he worked from the agency’s base in Peshawar, earning upward of $200,000 a year.

By mid-February 2011, with Davis still sitting in prison, anti-American passions were fully inflamed, and daily street protests and newspaper editorials demanded that the government not cave to Washington’s demands for Davis’s release but instead sentence him to death. The evidence at the time indicated that the men Davis killed had carried out a string of petty thefts that day, but there was an added problem: the third man killed by the unmarked American S.U.V. fleeing the scene. Making matters even worse for Davis was the fact that he was imprisoned in Lahore, where the family of Nawaz Sharif dominated the political culture. The former leader of the country made no secret about his intentions to once again run Pakistan, making him the chief antagonist to President Asif Ali Zardari and his political machine in Islamabad, a four-hour drive away. As the American Embassy in Islamabad leaned on Zardari’s government to get Davis released from jail, the diplomats soon realized that Zardari had little influence over the police officers and judges in the city of the president’s bitter rival.

But the most significant factor ensuring that Davis would languish in jail was that the Obama administration had yet to tell Pakistan’s government what the Pakistanis already suspected, and what Raymond Davis’s marksmanship made clear: He wasn’t just another paper-shuffling American diplomat. Davis’s work in Pakistan was much darker, and it involved probing an exposed nerve in the already-hypersensitive relationship between the C.I.A. and Pakistan’s military intelligence service, the Directorate for Inter-Services Intelligence, or I.S.I.

Ever since the Pakistani militant group Lashkar-e-Taiba (the Army of the Pure) dispatched teams of assassins to lay siege to luxury hotels and other sites in Mumbai, India, in November 2008, killing and wounding more than 500 people over four days of mayhem, C.I.A. analysts had been warning that the group was seeking to raise its global profile by carrying out spectacular attacks beyond South Asia. This spurred the agency to assign more of its expanding army of operatives in Pakistan toward gathering intelligence about Lashkar’s operations — a decision that put the interests of the C.I.A. and the I.S.I. in direct conflict. It was one thing for American spies to be lurking around the tribal areas, hunting for Al Qaeda figures; it was quite another to go into Pakistani cities on espionage missions against a group that the I.S.I. considered a valuable proxy force in its continuing battle with India.

The I.S.I. had nurtured the group for years as a useful asset against India, and Lashkar’s sprawling headquarters outside Lahore housed a radical madrassa, a market, a hospital, even a fish farm. The group’s charismatic leader, Hafiz Muhammad Saeed, had been put under house arrest at various times, but in 2009 the Lahore High Court quashed all terrorism charges against him and set him free. A stocky man with a wild beard, Saeed preached out in the open on many Fridays, flanked by bodyguards and delivering sermons to throngs of his followers about the imperialism of the United States, India and Israel. Even after the U.S. offered a $10 million reward for evidence linking Saeed to the Mumbai attacks, he continued to move freely in public, burnishing his legend as a Pakistani version of Robin Hood.

By the time Raymond Davis moved into a safe house with a handful of other C.I.A. officers and contractors in late 2010, the bulk of the agency’s officers in Lahore were focused on investigating the growth of Lashkar. To get more of its spies into Pakistan, the C.I.A. had exploited the arcane rules in place for approving visas for Americans. The State Department, the C.I.A. and the Pentagon all had separate channels to request visas for their personnel, and all of them led to the desk of Husain Haqqani, Pakistan’s pro-American ambassador in Washington. Haqqani had orders from Islamabad to be lenient in approving the visas, because many of the Americans coming to Pakistan were — at least officially — going to be administering millions of dollars in foreign-aid money. By the time of the Lahore killings, in early 2011, so many Americans were operating inside Pakistan under both legitimate and false identities that even the U.S. Embassy didn’t have accurate records of their identities and whereabouts.

The American Embassy in Islamabad is essentially a fortress within a fortress, a pile of buildings enclosed by walls topped with razor wire and surveillance cameras and then encircled by an outer ring of walls that separates a leafy area, called the Diplomatic Enclave, from the rest of the city. Inside the embassy, the work of diplomats and spies is kept largely separate, with the C.I.A. station occupying a warren of offices in its own wing, accessed only through doors with coded locks.

After Davis was picked up by the Lahore police, the embassy became a house divided by more than mere geography. Just days before the shootings, the C.I.A. sent a new station chief to Islamabad. Old-school and stubborn, the new chief did not come to Pakistan to be friendly with the I.S.I. Instead, he wanted to recruit more Pakistani agents to work for the C.I.A. under the I.S.I.’s nose, expand electronic surveillance of I.S.I. offices and share little information with Pakistani intelligence officers.

That hard-nosed attitude inevitably put him at odds with the American ambassador in Islamabad, Cameron Munter. A bookish career diplomat with a Ph.D. in history, Munter had ascended the ranks of the State Department’s bureaucracy and accepted several postings in Iraq before ultimately taking over the American mission in Islamabad, in late 2010. The job was considered one of the State Department’s most important and difficult assignments, and Munter had the burden of following Anne W. Patterson, an aggressive diplomat who, in the three years before Munter arrived, cultivated close ties to officials in the Bush and Obama administrations and won praise from the C.I.A. for her unflinching support for drone strikes in the tribal areas.

Munter saw some value to the drone program but was skeptical about the long-term benefits. Arriving in Islamabad at a time when relations between the United States and Pakistan were quickly deteriorating, Munter wondered whether the pace of the drone war might be undercutting relations with an important ally for the quick fix of killing midlevel terrorists. He would learn soon enough that his views about the drone program ultimately mattered little. In the Obama administration, when it came to questions about war and peace in Pakistan, it was what the C.I.A. believed that really counted.

With Davis sitting in prison, Munter argued that it was essential to go immediately to the head of the I.S.I. at the time, Lt. Gen. Ahmad Shuja Pasha, to cut a deal. The U.S. would admit that Davis was working for the C.I.A., and Davis would quietly be spirited out of the country, never to return again. But the C.I.A. objected. Davis had been spying on a militant group with extensive ties to the I.S.I., and the C.I.A. didn’t want to own up to it. Top C.I.A. officials worried that appealing for mercy from the I.S.I. might doom Davis. He could be killed in prison before the Obama administration could pressure Islamabad to release him on the grounds that he was a foreign diplomat with immunity from local laws — even those prohibiting murder. On the day of Davis’s arrest, the C.I.A. station chief told Munter that a decision had been made to stonewall the Pakistanis. Don’t cut a deal, he warned, adding, Pakistan is the enemy.

The strategy meant that American officials, from top to bottom, had to dissemble both in public and in private about what exactly Davis had been doing in the country. On Feb. 15, more than two weeks after the shootings, President Obama offered his first comments about the Davis affair. The matter was simple, Obama said in a news conference: Davis, “our diplomat in Pakistan,” should be immediately released under the “very simple principle” of diplomatic immunity. “If our diplomats are in another country,” said the president, “then they are not subject to that country’s local prosecution.”

Calling Davis a “diplomat” was, technically, accurate. He had been admitted into Pakistan on a diplomatic passport. But there was a dispute about whether his work in the Lahore Consulate, as opposed to the American Embassy in Islamabad, gave him full diplomatic immunity under the Vienna Convention on Diplomatic Relations. And after the shootings in Lahore, the Pakistanis were not exactly receptive to debating the finer points of international law. As they saw it, Davis was an American spy who had not been declared to the I.S.I. and whom C.I.A. officials still would not admit they controlled. General Pasha, the I.S.I. chief, spoke privately by phone and in person with Leon Panetta, then the director of the C.I.A., to get more information about the matter. He suspected that Davis was a C.I.A. employee and suggested to Panetta that the two spy agencies handle the matter quietly. Meeting with Panetta, he posed a direct question.

Was Davis working for the C.I.A.? Pasha asked. No, he’s not one of ours, Panetta replied. Panetta went on to say that the matter was out of his hands, and that the issue was being handled inside State Department channels. Pasha was furious, and he decided to leave Davis’s fate in the hands of the judges in Lahore. The United States had just lost its chance, he told others, to quickly end the dispute.

That the C.I.A. director would be overseeing a large clandestine network of American spies in Pakistan and then lie to the I.S.I. director about the extent of America’s secret war in the country showed just how much the relationship had unraveled since the days in 2002, when the I.S.I. teamed with the C.I.A. in Peshawar to hunt for Osama bin Laden in western Pakistan. Where had it gone so wrong?

While the spy agencies had had a fraught relationship since the beginning of the Afghan war, the first major breach came in July 2008, when C.I.A. officers in Islamabad paid a visit to Gen. Ashfaq Parvez Kayani, the Pakistani Army chief, to tell him that President Bush had signed off on a set of secret orders authorizing a new strategy in the drone wars. No longer would the C.I.A. give Pakistan advance warning before launching missiles from Predator or Reaper drones in the tribal areas. From that point on, the C.I.A. officers told Kayani, the C.I.A.’s killing campaign in Pakistan would be a unilateral war.

The decision had been made in Washington after months of wrenching debate about the growth of militancy in Pakistan’s tribal areas; a highly classified C.I.A. internal memo, dated May 1, 2007, concluded that Al Qaeda was at its most dangerous since 2001 because of the base of operations that militants had established in the tribal areas. That assessment became the cornerstone of a yearlong discussion about the Pakistan problem. Some experts in the State Department warned that expanding the C.I.A. war in Pakistan would further stoke anti-American anger on the streets and could push the country into chaos. But officials inside the C.I.A.’s Counterterrorism Center argued for escalating the drone campaign without the I.S.I.’s blessing. Since the first C.I.A. drone strike in Pakistan in 2004, only a small number of militants on the C.I.A.’s list of “high-value targets” had been killed by drone strikes, and other potential strikes were scuttled at the last minute because of delays in getting Pakistani approval, or because the targets seemed to have been tipped off and had fled.

So, in July 2008, when the C.I.A.’s director, Michael Hayden, and his deputy, Stephen Kappes, came to the White House to present the agency’s plan to wage a unilateral war in the mountains of Pakistan, it wasn’t a hard sell to a frustrated president. That began the relentless, years-long drone assault on the tribal areas that President Obama continued when he took office. And as the C.I.A.’s relationship with the I.S.I. soured, Langley sent station chiefs out to Islamabad who spent far less time and energy building up good will with Pakistani spies than their predecessors had. From 2008 on, the agency cycled a succession of seasoned case officers through Islamabad, and each left Pakistan more embittered than the last. One of them had to leave the country in haste when his identity was revealed in the Pakistani press. The C.I.A. suspected the leak came from the I.S.I.

Even many of the operations that at first seemed likely to signal a new era of cooperation between the C.I.A. and the I.S.I. ended in recriminations and finger-pointing. In January 2010, a clandestine team of C.I.A. officers and American special-operations troops working in Karachi traced a cellphone to a house in Baldia Town, a slum in the western part of the sprawling city. The C.I.A. did not conduct unilateral operations inside large Pakistani cities, so the Americans notified the I.S.I. about the intelligence. Pakistani troops and policemen launched a surprise raid on the house.

Although the C.I.A. didn’t know in advance, hiding inside the house was Mullah Abdul Ghani Baradar, a man considered to be the Afghan Taliban’s military commander and the second in command to Mullah Muhammad Omar, the leader of the Taliban. Only after suspects in the house were arrested and questioned did the C.I.A. learn that Baradar was among the detainees. The I.S.I. took him to a detention facility in an industrial section of Islamabad and refused the C.I.A. access to him. “At that point, things got really complicated,” one former C.I.A. officer said.

Was the entire episode a setup? Rumors had circulated inside Pakistan that Baradar wanted to cut a deal with the Americans and bring the Taliban to the negotiating table in Afghanistan. Had the I.S.I. somehow engineered the entire arrest, feeding intelligence to the C.I.A. so that Baradar could be taken off the street and the nascent peace talks spoiled? Had the I.S.I. played the C.I.A.? Months later, senior C.I.A. officials at Langley still couldn’t answer those questions. Today, more than three years later, Mullah Baradar remains in Pakistani custody.

As Davis languished in the jail cell in Lahore, the C.I.A. was pursuing its most promising lead about the whereabouts of Osama bin Laden since 2001, when he escaped from Tora Bora, in Afghanistan, and fled across the border into Pakistan. A small group of officers inside the agency’s Counterterrorism Center had become convinced that Bin Laden was hiding in a large compound in Abbottabad, a quiet hamlet north of Islamabad. For months, Panetta had been pushing clandestine officers to find a shred of hard proof that Bin Laden was hiding in the compound. The intelligence-gathering operating in Abbottabad had become the highest priority for the C.I.A. in Pakistan.

It was therefore more than a bit inconvenient that one of its undercover officers was sitting in a jail in Lahore facing a double murder charge. Pakistan’s Islamist parties organized street protests and threatened violent riots if Raymond Davis was not tried and hanged for his crimes. American diplomats in Lahore regularly visited Davis, but the Obama administration continued to stonewall Pakistan’s government about the nature of Davis’s work in the country.

And then the episode claimed another victim. On Feb. 6, the grieving widow of one of Davis’s victims swallowed a lethal amount of rat poison and was rushed to the hospital in Faisalabad, where doctors pumped her stomach. The woman, Shumaila Faheem, was certain that the United States and Pakistan would quietly broker a deal to release her husband’s killer from prison, a view she expressed to her doctors from her hospital bed. “They are already treating my husband’s murderer like a V.I.P. in police custody, and I am sure they will let him go because of international pressure,” she said. She died shortly afterward and instantly became a martyr for anti-American groups inside Pakistan.

The furor over the Davis incident was quickly escalating, threatening to shut down most C.I.A. operations in the country and derail the intelligence-gathering operation in Abbottabad. But the C.I.A. stood firm and sent top officials to Islamabad, who told Ambassador Munter to stick to the strategy.

By then, though, Munter had decided that the C.I.A.’s strategy wasn’t working, and eventually even high-level officials in the agency began to realize that stonewalling the Pakistanis was only causing the I.S.I. to dig in. After discussions among White House, State Department and C.I.A. officials in Washington, Munter approached General Pasha, the I.S.I. chief, and came clean. Davis was with the C.I.A., he said, and the United States needed to get him out of the country as quickly as possible. Pasha was fuming that Leon Panetta had lied to him, and he was going to make the Americans squirm by letting Davis sit in jail while he considered — on his own timetable — the best way to resolve the situation.

Back in Washington, Ambassador Haqqani was summoned to C.I.A. headquarters on Feb. 21 and taken into Panetta’s spacious office overlooking the agency’s campus in Langley, Va. Sitting around a large conference table, Panetta asked Haqqani for his help securing Davis’s release.

“If you’re going to send a Jason Bourne character to Pakistan, he should have the skills of a Jason Bourne to get away,” Haqqani shot back, according to one person who attended the meeting.

More than a week later, General Pasha came back to Ambassador Munter to discuss a new strategy. It was a solution based on an ancient tradition that would allow the matter to be settled outside the unpredictable court system. The issue had already been discussed among a number of Pakistani and American officials, including Ambassador Haqqani in Washington. The reckoning for Davis’s actions would come in the form of “blood money,” or diyat, a custom under Shariah law that compensates the families of victims for their dead relatives. The matter would be handled quietly, and Davis would be released from jail.

Pasha ordered I.S.I. operatives in Lahore to meet the families of the three men killed during the January episode and negotiate a settlement. Some of the relatives initially resisted, but the I.S.I. negotiators were not about to let the talks collapse. After weeks of discussions, the parties agreed on a total of 200 million Pakistani rupees, approximately $2.34 million, to offer “forgiveness” to the jailed C.I.A. officer.

Only a small group of Obama administration officials knew of the talks, and as they dragged on, Lahore’s high court was preparing to rule on whether Davis would be granted diplomatic immunity, a decision the C.I.A. expected to go against the United States and worried might set a precedent for future cases in Pakistan.

Davis remained in the dark about all of this. When he arrived for his court appearance on March 16, he was fully expecting to hear that the trial would proceed and that the judge would issue a new court date. He was escorted into the courtroom, his wrists cuffed in front of him, and locked inside an iron cage near the judge’s bench. According to one person’s account, General Pasha sat in the back of the courtroom, his cellphone out. He began sending out a stream of nervous text messages to Ambassador Munter, updating him about the court proceedings. Pasha was one of the most powerful men in Pakistan, and yet the I.S.I. had little control over the mercurial courts in Lahore, and he wasn’t entirely sure that things would proceed according to plan.

The first part of the hearing went as everyone expected. The judge, saying that the case would go ahead, noted that his ruling on diplomatic immunity would come in a matter of days. Pakistani reporters frantically began filing their stories about how this seemed a blow to the American case, and that it appeared that Davis would not be released from jail anytime soon. But then the judge ordered the courtroom cleared, and General Pasha’s secret plan unfolded.

Through a side entrance, 18 relatives of the victims walked into the room, and the judge announced that the civil court had switched to a Shariah court. Each of the family members approached Davis, some of them with tears in their eyes or sobbing outright, and announced that he or she forgave him. Pasha sent another text message to Munter: The matter was settled. Davis was a free man. In a Lahore courtroom, the laws of God had trumped the laws of man.

The drama played out entirely in Urdu, and throughout the proceeding, a baffled Davis sat silently inside the cage. He was even more stunned when I.S.I. operatives whisked him out of the courthouse through a back entrance and pushed him into a waiting car that sped to the Lahore airport.

The move had been choreographed to get Davis out of the country as quickly as possible. American officials, including Munter, were waiting for Davis at the airport, and some began to worry. Davis had, after all, already shot dead two men he believed were threatening him. If he thought he was being taken away to be killed, he might try to make an escape, even try to kill the I.S.I. operatives inside the car. When the car arrived at the airport and pulled up to the plane ready to take Davis out of Pakistan, the C.I.A. operative was in a daze. It appeared to the Americans waiting for him that Davis realized only then that he was safe.

The Davis affair led Langley to order dozens of covert officers out of Pakistan in the hope of lowering the temperature in the C.I.A. – I.S.I. relationship. Ambassador Munter issued a public statement shortly after the bizarre court proceeding, saying he was “grateful for the generosity” of the families and expressing regret for the entire incident and the “suffering it caused.”

But the secret deal only fueled the anger in Pakistan, and anti-American protests flared in major cities, including Islamabad, Karachi and Lahore. Demonstrators set tires ablaze, clashed with Pakistani riot police and brandished placards with slogans like “I Am Raymond Davis, Give Me a Break, I Am Just a C.I.A. Hit Man.”

The entire episode — and bin Laden’s killing in Abbottabad later that spring — extinguished any lingering productive relations between the United States and Pakistan. Leon Panetta’s relationship with General Pasha, the I.S.I. chief, was poisoned, and the already small number of Obama officials pushing for better relations between Washington and Islamabad dwindled even further. Munter was reporting daily back to Washington about the negative impact of the armed-drone campaign and about how the C.I.A. seemed to be conducting a war in a vacuum, oblivious to the ramifications that the drone strikes were having on American relations with Pakistan’s government.

The C.I.A. had approval from the White House to carry out missile strikes in Pakistan even when the agency’s targeters weren’t certain about exactly whom they were killing. Under the rules of so-called “signature strikes,” decisions about whether to fire missiles from drones could be made based on patterns of activity deemed suspicious. For instance, if a group of young “military-age males” were observed moving in and out of a suspected militant training camp and were thought to be carrying weapons, they could be considered legitimate targets. American officials admit it is nearly impossible to judge a person’s age from thousands of feet in the air, and in Pakistan’s tribal areas, adolescent boys are often among militant fighters. Using such broad definitions to determine who was a “combatant” and therefore a legitimate target allowed Obama administration officials at one point to claim that the escalation of drone strikes in Pakistan had not killed any civilians for a year. It was something of a trick of logic: in an area of known militant activity, all military-age males could be considered enemy fighters. Therefore, anyone who was killed in a drone strike there was categorized as a combatant.

The perils of this approach were laid bare on March 17, 2011, the day after Davis was released from prison and spirited out of the country. C.I.A. drones attacked a tribal council meeting in the village of Datta Khel, in North Waziristan, killing dozens of men. Ambassador Munter and some at the Pentagon thought the timing of the strike was disastrous, and some American officials suspected that the massive strike was the C.I.A. venting its anger about the Davis episode. More important, however, many American officials believed that the strike was botched, and that dozens of people died who shouldn’t have.

Other American officials came to the C.I.A.’s defense, saying that the tribal gathering was in fact a meeting of senior militants and therefore a legitimate target. But the drone strike unleashed a furious response in Pakistan, and street protests in Lahore, Karachi and Peshawar forced the temporary closure of American consulates in those cities.

Munter said he believed that the C.I.A. was being reckless and that his position as ambassador was becoming untenable. His relationship with the C.I.A. station chief in Islamabad, already strained because of their disagreements over the handling of the Davis case, deteriorated even further when Munter demanded that the C.I.A. give him the chance to call off specific missile strikes. During one screaming match between the two men, Munter tried to make sure the station chief knew who was in charge, only to be reminded of who really held the power in Pakistan.

“You’re not the ambassador!” Munter shouted.

“You’re right, and I don’t want to be the ambassador,” the station chief replied.

This turf battle spread to Washington, and a month after Bin Laden was killed, President Obama’s top advisers were arguing in a National Security Council meeting over who really was in charge in Pakistan. At the June 2011 meeting, Munter, who participated via secure video link, began making his case that he should have veto power over specific drone strikes.

Panetta cut Munter off, telling him that the C.I.A. had the authority to do what it wanted in Pakistan. It didn’t need to get the ambassador’s approval for anything.

“I don’t work for you,” Panetta told Munter, according to several people at the meeting.

But Secretary of State Hillary Clinton came to Munter’s defense. She turned to Panetta and told him that he was wrong to assume he could steamroll the ambassador and launch strikes against his approval.

“No, Hillary,” Panetta said, “it’s you who are flat wrong.”

There was a stunned silence, and National Security Adviser Tom Donilon tried to regain control of the meeting. In the weeks that followed, Donilon brokered a compromise of sorts: Munter would be allowed to object to specific drone strikes, but the C.I.A. could still press its case to the White House and get approval for strikes even over the ambassador’s objections. Obama’s C.I.A. had, in essence, won yet again.

As for Raymond Davis, he tried to settle back into his life in the United States after being flown out of Pakistan. He found work as a firearms instructor, but in the end he couldn’t stay out of trouble. On Oct. 1, 2011, just seven months after his abrupt departure from Pakistan, Davis was eyeing a parking spot in front of a bagel shop in Highlands Ranch, Colo., a suburb of Denver. So was Jeffrey Maes, a 50-year-old minister who was driving with his wife and two young daughters. When Maes beat Davis to the spot, Davis shouted profanities through his open window. Then he jumped out of his car and confronted Maes, telling the minister that he had been waiting for the parking spot.

According to an affidavit given by Maes, he told Davis to “relax and quit being stupid.”

Davis struck Maes in the face, knocking him to the pavement. Maes said in court that when he stood up from the fall, Davis continued to hit him. The minister’s wife, later recalling the episode, said she had never in her life seen a man so full of rage. Just last month, after protracted legal proceedings, Davis pleaded guilty to a charge of third-degree misdemeanor assault and was sentenced to two years of probation. A judge ordered him to pay restitution and attend anger-management classes.

…

April 9, 2013
By MARK MAZZETTI
Editor: Joel Lovell

Find this story at 9 April 2013

© 2013 The New York Times Company

U.S. secret: CIA collaborated with Pakistan spy agency in drone war

Even as its civilian leaders publicly decried U.S. drone attacks as breaches of sovereignty and international law, Pakistan’s premier intelligence agency secretly worked for years with the CIA on strikes that killed Pakistani insurgent leaders and scores of suspected lower-level fighters, according to classified U.S. intelligence reports.

Dozens of civilians also reportedly died in the strikes in the semi-autonomous tribal region of Pakistan bordering Afghanistan that is a stronghold of al Qaida, Afghan militants, other foreign jihadists and a tangle of violent Pakistani Islamist groups.

Copies of top-secret U.S. intelligence reports reviewed by McClatchy provide the first official confirmation of joint operations involving drones between the U.S. spy agency and Pakistan’s powerful army-run Inter-Services Intelligence Directorate, or ISI, as well as previously unknown details of that cooperation. The review takes on important significance as the administration reportedly is preparing to expand the use of drones in Afghanistan and North Africa amid a widespread debate over the legality of the strikes in Pakistan.

The documents show that while the ISI helped the CIA target al Qaida, the United States used drone strikes to aid the Pakistani military in its battle against the Taliban Movement of Pakistan, or TTP – assistance that the Obama and Bush administrations never explicitly acknowledged or legally justified.

The White House did not respond immediately to a request for a comment on McClatchy’s findings. The Pakistani government denied there was ever any cooperation on drone strikes.

The partnership was so extensive during the Bush administration that the Pakistani intelligence agency selected its own targets for drone strikes. Until mid-2008, the CIA had to obtain advanced approval before each attack, and under both administrations, the Pakistanis received briefings and videos of the strikes.

The U.S. intelligence reports illustrate how the Pakistani army retained its grip on national security policy after 2008 elections ended the nation’s fourth bout of military rule and brought to power a civilian government, which condemned drone strikes as violations of Pakistan’s sovereignty and international law. The strikes killed hundreds of civilians and produced new recruits for Islamist extremist groups, charged the government, which resigned last month in advance of May 11 parliamentary voting.

What remains unclear is the degree to which the government under President Asif Ali Zardari, which tried unsuccessfully to wrest control of the ISI from the military, acquiesced in the CIA-ISI collaboration.

The ISI is a domestic and international spy and paramilitary service that officially reports to Pakistan’s prime minister. In reality, however, the agency answers to the chief of staff of the army, which has ruled Pakistan for most of its 66 years. Former Prime Minister Yousuf Raza Gilani in 2011 called the army a “state within a state.”

Traditionally commanded by an army general and mostly staffed by military officers, the ISI has an ominous reputation as the Pakistani army’s instrument for rigging elections and crushing internal dissent. It has been accused of directing proxy wars and terrorist attacks by Islamist extremists in India and on civilians and U.S.-led troops in Afghanistan.

The CIA-ISI cooperation on drones reflects one of the major contradictions that have long infected relations between the United States and Pakistan.

The United States has regularly praised the ISI for helping to capture and kill key al Qaida operatives, including those behind the Sept. 11, 2001, attacks. But senior U.S. officials also have charged that elements in the ISI support the Afghan Taliban and allied insurgents fighting U.S.-led forces in Afghanistan. Neither the ISI nor the army high commander were told in advance of the raid that killed Osama bin Laden, for fear he’d be tipped off and escape. At the same time, the U.S. has provided billions to Pakistan in military aid and assistance to stabilize democracy and help secure its nuclear weapons.

For their part, Pakistani officials deny that the ISI supports Afghan insurgents. For years, the Pakistani army has spurned U.S. demands that it close their sanctuaries, contending that its counterterrorism cooperation with the United States has cost the lives of tens of thousands of security forces and civilians. And the army has declared its support for the civilian leadership’s position on drone strikes.

“As far as drone attacks are concerned, (the) army has repeatedly conveyed to all concerned that these are not acceptable under any circumstances. There is no room for ambiguity in this regard,” the military’s top commanders said in a June 9, 2011, statement.

A spokesman for the Pakistani Embassy in Washington said, “We forcefully contest” that there was any collaboration between the ISI and CIA on drone strikes.

In its limited disclosures about the secret drone program, the Obama administration has said drones only are used to eliminate confirmed “senior operational leaders” of al Qaida and “associated groups” involved in the Sept. 11, 2001, attacks on the U.S. who are plotting “imminent” violent attacks on Americans and can’t be captured.

The U.S. intelligence reports reviewed by McClatchy covered most – though not all – of the drone strikes in 2006-2008 and 2010-2011. Several listed casualty estimates as well as the names of targeted militant groups. Most were against al Qaida. But they also targeted the Haqqani network of Afghan insurgents, several factions of the Pakistani Taliban and groups identified only as “foreign fighters” and “other militants.”

While the Pakistani Taliban works closely with al Qaida, it wasn’t formed until 2007. Also, many U.S. officials never took seriously its occasional threats to stage attacks inside the United States, and the group is not known to have initiated any operations against the U.S. homeland. It did provide perfunctory training and funds to a Pakistani American who staged a failed car-bombing in New York’s Times Square on May 2, 2010, but he admitted seeking them out.

The Pakistani government, which resigned last month in advance of May 11 national elections, for years publicly insisted that it opposed U.S. drone strikes, and it frequently delivered official and unofficial protests to the United States.

In a statement after a March 11-13 visit to Pakistan, Ben Emmerson, a British lawyer who is leading a U.N. investigation into civilian casualties caused by drones, said that the Pakistani government “emphasized its consistently stated position that drone strikes on its territory are counterproductive, contrary to international law, a violation of Pakistan’s sovereignty and territorial integrity, and that they should cease immediately.”

Emmerson, who didn’t meet military leaders, quoted Pakistani officials as saying there have been at least 330 drone strikes that have killed an estimated 2,200 people, including as many as 600 civilians.

On Feb. 5, Pakistan’s ambassador to the United States, Sherry Rehman, told reporters in Washington that drone strikes are “an anomaly that we are constantly addressing in all conversations with the United States, and it’s certainly not a part of our playbook to have drone operations carry on. It never was and we don’t see it as the future and we don’t want our engagement with the United States to be defined by that or our operations to devolve to this kind of low.”

According to two former U.S. officials, however, it was accepted in Washington and Islamabad that the Pakistani government publicly would denounce the strikes to hide the ISI’s role in order to shield civilian and military leaders from angry popular backlashes over the strikes and civilian casualties.

“There was an understanding on both sides of the kabuki dance that . . . the Pakistani military had to be perceived as not being a participant,” said one of the former U.S. officials. Both requested anonymity to discuss the issue because of its sensitivity.

Secret U.S. diplomatic cables made public by the Wikileaks online whistle-blowing group corroborate the former U.S. officials’ assertions. In an Aug. 23, 2008, cable, Anne Patterson, then the U.S. ambassador to Pakistan, reported that in a meeting with former Prime Minister Gilani, Gilani “brushed aside” his interior minister’s suggestion that the strikes stop and told Patterson, “I don’t care if they (the CIA) do it as long as they get the right people. We’ll protest in the National Assembly and then ignore it.”

Finally, it was an open secret that the drones were launched from within Pakistan itself.

For years, CIA drones were based at Shamsi, a remote airfield in southwestern Baluchistan province once used by Gulf Arab sheikhs for hawking expeditions. They continued flying from there until December 2011, when the CIA was evicted after U.S. troops in Afghanistan, under fire from Pakistan’s side of the border, called in a NATO airstrike that killed 24 Pakistani troops. CIA drone strikes into Pakistan have since continued from bases in Afghanistan at a much lower rate.

Cooperation between the U.S. and Pakistani spy agencies on drone strikes began in 2004 during the rule of the former dictator, retired Army Gen. Pervez Musharraf, and extended at least through June 2010, according to the U.S. intelligence reports.

The first confirmed CIA drone strike took place on June 17, 2004. It killed Nek Mohammad, a Pakistani Islamist who’d fought for the Afghan Taliban regime that was ousted by the 2001 U.S. invasion. At the time of his death, he was leading an uprising in the South Waziristan agency. The New York Times reported on Sunday that the strike was a joint CIA-ISI operation.

The documents that reveal the most about the CIA-ISI cooperation covered drone strikes that took place in 2006 to 2008 and in a 20-month period ending in September 2011. During that period, at least 50 strikes were launched against non-al Qaida targets.

The CIA sought ISI approval for seven strikes in 2006, according to the U.S. intelligence reports. The ISI approved four attacks and rejected three. But it eventually relented under CIA cajoling and agreed to one “forced approval.” The documents said that the ISI requested a single strike in 2006.

“We wouldn’t win every argument. But they would help us and support us,” said a former senior U.S. intelligence official, who spoke on condition of anonymity because of the sensitivity of the issue.

The documents didn’t identify the 2006 targets, but Pakistani and international news media reported only two confirmed strikes that year. Several former U.S. officials, however, noted that in the early years, the Pakistani army took credit for attacks that actually were CIA strikes.

The 2006 strikes included a Jan. 13 attack on a compound in the Bajour agency that triggered what appears to have been Pakistan’s first official denunciation of the drone operations.

Al Qaida’s then-No. 2 leader, Ayman Zawahiri, was thought to have been in the compound, although U.S. officials later acknowledged that he wasn’t there. At least 18 civilians were killed, however, igniting violent protests around the country. The Foreign Ministry summoned then-U.S. Ambassador Ryan Crocker to deliver an official protest, and the Pakistani government vowed that it would “not allow such incidents to reoccur.”

In 2007, the CIA sought ISI approval for 15 strikes, received prompt approval for three and a single “forced approval,” according to the documents, which said that the ISI asked the CIA to strike five targets.

One ISI-requested strike occurred on May 22, 2007, and was against an insurgent training camp in the North Waziristan agency after a Pakistani army assault on the compound was repulsed, the documents said. The Pakistani army sought the strike even though it had been told that drones wouldn’t be used to support Pakistani troops in combat, said an individual familiar with the episode. He requested anonymity because of the sensitive nature of the issue.

Pakistani and international news media reported five drone strikes in 2007, but they didn’t include a May 22 attack.

The following year saw a major escalation in drone strikes, with 35 recorded in one U.S. intelligence report. Independent studies based almost exclusively on news media reports put the number at 38.

The increase came as the Bush administration began winding down the war in Iraq and redirecting U.S. funds, personnel and hardware to halting the expanding Pakistan-based insurgency in Afghanistan. It also sought to re-energize a flagging hunt for Osama bin Laden, who was believed to be hiding in Pakistan’s tribal area, and U.S. officials were growing alarmed over the stability of nuclear-armed Pakistan as the Pakistani Taliban insurgency exploded.

Another reason for the escalation, said a former administration official, was that U.S. officials worried about an increasing threat to the United States following a series of plots in Europe by al Qaida-linked extremists who’d been trained in Pakistan’s tribal area.

“There was a growing chorus of threat reporting to the homeland,” said the former official, who spoke on condition of anonymity because of the sensitivity of the issue. “This was about European tracking of people migrating through Turkey (to Pakistan) and back to Europe and particularly to here (the United States). The agency (CIA) was tracking that down. They would not be left holding the bag if there was another 9/11.”

…

McClatchy Washington Bureau

Posted on Tue, Apr. 09, 2013
U.S. secret: CIA collaborated with Pakistan spy agency in drone war
By Jonathan S. Landay | McClatchy Newspapers

last updated: April 10, 2013 05:09:02 AM
WASHINGTON — ]

Find this story at 9 April 2013

© mcclatchydc.com

Obama’s drone war kills ‘others,’ not just al Qaida leaders

Contrary to assurances it has deployed U.S. drones only against known senior leaders of al Qaida and allied groups, the Obama administration has targeted and killed hundreds of suspected lower-level Afghan, Pakistani and unidentified “other” militants in scores of strikes in Pakistan’s rugged tribal area, classified U.S. intelligence reports show.

The administration has said that strikes by the CIA’s missile-firing Predator and Reaper drones are authorized only against “specific senior operational leaders of al Qaida and associated forces” involved in the Sept. 11, 2001, terror attacks who are plotting “imminent” violent attacks on Americans.

“It has to be a threat that is serious and not speculative,” President Barack Obama said in a Sept. 6, 2012, interview with CNN. “It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States.”

Copies of the top-secret U.S. intelligence reports reviewed by McClatchy, however, show that drone strikes in Pakistan over a four-year period didn’t adhere to those standards.

The intelligence reports list killings of alleged Afghan insurgents whose organization wasn’t on the U.S. list of terrorist groups at the time of the 9/11 strikes; of suspected members of a Pakistani extremist group that didn’t exist at the time of 9/11; and of unidentified individuals described as “other militants” and “foreign fighters.”

In a response to questions from McClatchy, the White House defended its targeting policies, pointing to previous public statements by senior administration officials that the missile strikes are aimed at al Qaida and associated forces.

Micah Zenko, an expert with the Council on Foreign Relations, a bipartisan foreign policy think tank, who closely follows the target killing program, said McClatchy’s findings indicate that the administration is “misleading the public about the scope of who can legitimately be targeted.”

The documents also show that drone operators weren’t always certain who they were killing despite the administration’s guarantees of the accuracy of the CIA’s targeting intelligence and its assertions that civilian casualties have been “exceedingly rare.”

McClatchy’s review is the first independent evaluation of internal U.S. intelligence accounting of drone attacks since the Bush administration launched America’s secret aerial warfare on Oct. 7, 2001, the day a missile-carrying Predator took off for Afghanistan from an airfield in Pakistan on the first operational flight of an armed U.S. drone.

The analysis takes on additional significance because of the domestic and international debate over the legality of drone strikes in Pakistan amid reports that the administration is planning to broaden its use of targeted killings in Afghanistan and North Africa.

The U.S. intelligence reports reviewed by McClatchy covered most – although not all – of the drone strikes in 2006-2008 and 2010-2011. In that later period, Obama oversaw a surge in drone operations against suspected Islamist sanctuaries on Pakistan’s side of the border that coincided with his buildup of 33,000 additional U.S. troops in southern Afghanistan. Several documents listed casualty estimates as well as the identities of targeted groups.

McClatchy’s review found that:

– At least 265 of up to 482 people who the U.S. intelligence reports estimated the CIA killed during a 12-month period ending in September 2011 were not senior al Qaida leaders but instead were “assessed” as Afghan, Pakistani and unknown extremists. Drones killed only six top al Qaida leaders in those months, according to news media accounts.

Forty-three of 95 drone strikes reviewed for that period hit groups other than al Qaida, including the Haqqani network, several Pakistani Taliban factions and the unidentified individuals described only as “foreign fighters” and “other militants.”

During the same period, the reports estimated there was a single civilian casualty, an individual killed in an April 22, 2011, strike in North Waziristan, the main sanctuary for militant groups in Pakistan’s tribal areas.

– At other times, the CIA killed people who only were suspected, associated with, or who probably belonged to militant groups.

To date, the Obama administration has not disclosed the secret legal opinions and the detailed procedures buttressing drone killings, and it has never acknowledged the use of so-called “signature strikes,” in which unidentified individuals are killed after surveillance shows behavior the U.S. government associates with terrorists, such as visiting compounds linked to al Qaida leaders or carrying weapons. Nor has it disclosed an explicit list of al Qaida’s “associated forces” beyond the Afghan Taliban.

The little that is known about the opinions comes from a leaked Justice Department white paper, a half-dozen or so speeches, some public comments by Obama and several top lieutenants, and limited open testimony before Congress.

“The United States has gone far beyond what the U.S. public – and perhaps even Congress – understands the government has been doing and claiming they have a legal right to do,” said Mary Ellen O’Connell, a Notre Dame Law School professor who contends that CIA drone operations in Pakistan violate international law.

The documents McClatchy has reviewed do not reflect the entirety of the killings associated with U.S. drone attacks in Pakistan, which independent reports estimate at between 1,990 and 3,581.

But the classified reports provide a view into how drone strikes were carried out during the most intense periods of drone warfare in Pakistan’s remote tribal area bordering Afghanistan. Specifically, the documents reveal estimates of deaths and injuries; locations of militant bases and compounds; the identities of some of those targeted or killed; the movements of targets from village to village or compound to compound; and, to a limited degree, the rationale for unleashing missiles.

The documents also reveal a breadth of targeting that is complicated by the culture in the restive region of Pakistan where militants and ordinary tribesmen dress the same, and carrying a weapon is part of the centuries-old tradition of the Pashtun ethnic group.

The Haqqani network, for example, cooperates closely with al Qaida for philosophical and tactical reasons, and it is blamed for some of the bloodiest attacks against civilians and U.S.-led forces in Afghanistan. But the Haqqani network wasn’t on the U.S. list of international terrorist groups at the time of the strikes covered by the U.S. intelligence reports, and it isn’t known to ever have been directly implicated in a plot against the U.S. homeland.

Other groups the documents said were targeted have parochial objectives: the Pakistani Taliban seeks to topple the Islamabad government; Lashkar i Jhangvi, or Army of Jhangvi, are outlawed Sunni Muslim terrorists who’ve slaughtered scores of Pakistan’s minority Shiites and were blamed for a series of attacks in Pakistan and Afghanistan, including a 2006 bombing against the U.S. consulate in Karachi that killed a U.S. diplomat. Both groups are close to al Qaida, but neither is known to have initiated attacks on the U.S. homeland.

“I have never seen nor am I aware of any rules of engagement that have been made public that govern the conduct of drone operations in Pakistan, or the identification of individuals and groups other than al Qaida and the Afghan Taliban,” said Christopher Swift, a national security law expert who teaches national security affairs at Georgetown University and closely follows the targeted killing issue. “We are doing this on a case-by-case, ad hoc basis, rather than a systematic or strategic basis.”

The administration has declined to reveal other details of the program, such as the intelligence used to select targets and how much evidence is required for an individual to be placed on a CIA “kill list.” The administration also hasn’t even acknowledged the existence of so-called signature strikes, let alone discussed the legal and procedural foundations of the attacks.

Leaders of the Senate and House intelligence committees say they maintain robust oversight over the program. Senate Intelligence Committee Chairwoman Diane Feinstein, D-Calif., disclosed in a Feb. 13 statement that the panel is notified “with key details . . . shortly after” every drone strike. It also reviews videos of strikes and considers “their effectiveness as a counterterrorism tool, verifying the care taken to avoid deaths to non-combatants and understanding the intelligence collection and analysis that underpins these operations.”

But until last month, Obama had rebuffed lawmakers’ repeated requests to see all of the classified Justice Department legal opinions on the program, giving them access to only two dealing with the president’s powers to order targeted killings. It then allowed the Senate committee access to all opinions pertaining to the killing of U.S. citizens to clear the way for the panel’s March 7 confirmation of John Brennan, the former White House counterterrorism chief and the key architect of the targeted killings program, as the new CIA director. But it continues to deny access to other opinions on the grounds that they are privileged legal advice to the president.

Moreover, most of the debate in the United States has focused on the deaths of four Americans – all killed in drone strikes in Yemen, but only one intentionally targeted – and not the thousands of others who’ve been killed, the majority of whom have been hit in Pakistan.

Obama and his top aides say the United States is in an “armed conflict” with al Qaida and the Afghan Taliban, and the targeted killing program complies with U.S. and international laws, including an “inherent” right to self-defense and the international laws of war. Obama also derives his authority to order targeted killings from the Constitution and a Sept. 14, 2001, congressional resolution empowering the president to use “all necessary and appropriate force” against those who perpetrated 9/11 and those who aided them, they say.

Time and again, the administration has defined the drone targets as operational leaders of al Qaida, the Afghan Taliban and associated groups plotting imminent attacks on the American homeland. Occasionally, however, officials have made oblique references to undefined associated forces and threats against unidentified Americans and U.S. facilities.

On April 30, 2012, Brennan gave the most detailed explanation of Obama’s drone program. He referred to al Qaida 73 times, the Afghan Taliban three times and mentioned no other group by name.

“We only authorize a particular operation against a specific individual if we have a high degree of confidence that the individual being targeted is indeed the terrorist we are pursuing,” Brennan said.

To be sure, America’s drone program has killed militants without risk to the nation’s armed forces.

The administration argues that drones – in Brennan’s words – are a “wise choice” for fighting terrorists. Over the years, the aircraft have battered al Qaida’s Pakistan-based core leadership and crippled its ability to stage complex attacks. And officials note it has been done without sending U.S. troops into hostile territory or causing civilian casualties “except in the rarest of circumstances.”

“Any actions we take fully comport to our law and meet the standards that I think . . . the American people expect of us as far as taking actions we need to protect the American people, but at the same time ensuring that we do everything possible before we need to resort to lethal force,” Brennan said at his Feb. 7 Senate Intelligence Committee confirmation hearing.

Caitlin Hayden, national security spokeswoman for the White House, said late Tuesday that the Brennan speech is broad enough to cover strikes against others who are not al Qaida or the Afghan Taliban. While she did not cite any authority for broader targeting, Hayden said: “You should not assume he is only talking about al Qaida just because he doesn’t say ’al Qaida, the Taliban, and associated forces’ at every reference.”

Some legal scholars and human rights organizations, however, dispute the program’s legality.

Obama, they think, is misinterpreting international law, including the laws of war, which they say apply only to the uniformed military, not the civilian CIA, and to traditional battlefields like those in Afghanistan, not to Pakistan’s tribal area, even though it may be a sanctuary for al Qaida and other violent groups. They argue that Obama also is strengthening his executive powers with an excessively broad application of the September 2001 use-of-force resolution.

The administration’s definition of “imminent threat” also is in dispute. The Justice Department’s leaked white paper argues the United States should be able “to act in self-defense in circumstances where there is evidence of further imminent attacks by terrorist groups even if there is no specific evidence of where such an attack will take place or of the precise nature of the attack.” Legal scholars counter that the administration is using an exaggerated definition of imminence that doesn’t exist in international law.

“I’m thankful that my doctors don’t use their (the administration’s) definition of imminence when looking at imminent death. A head cold could be enough to pull the plug on you,” said Morris Davis, a Howard University Law School professor and former Air Force lawyer who served as chief prosecutor of the Guantanamo Bay terrorism trials.

Since 2004, drone program critics say, the strikes have killed hundreds of civilians, fueling anti-U.S. outrage, boosting extremist recruiting, and helping to destabilize Pakistan’s U.S.-backed government. And some experts warn that the United States may be setting a new standard of international conduct that other countries will grasp to justify their own targeted killings and to evade accountability.

Other governments “won’t just emulate U.S. practice but (will adopt) America’s justification for targeted killings,” said Zenko of the Council on Foreign Relations. “When there is such a disconnect between who the administration says it kills and who it (actually) kills, that hypocrisy itself is a very dangerous precedent that other countries will emulate.”

A special U.N. human rights panel began a nine-month investigation in January into whether drone strikes, including the CIA operations in Pakistan, violate international law by causing disproportionate numbers of civilian casualties. The panel’s head, British lawyer Ben Emmerson, declared after a March 11-13 visit to Pakistan that the U.S. drone campaign “involves the use of force on the territory of another state without its consent and is therefore a violation of Pakistan’s sovereignty.”

The administration asserts that drones are used to hit specific individuals only after their names are added to a “list of active terrorists,” following a process of “extraordinary care and thoughtfulness” that confirms their identities as members of al Qaida or “associated forces” and weighs the strategic value of killing each one.

Yet the U.S. intelligence reports show that 43 out of the 95 strikes recorded in reports for the year ending in September 2011 were launched against groups other than al Qaida. Prominent among them were the Haqqani network and the Taliban Movement of Pakistan.

The Haqqani network is an Afghan Taliban-allied organization that operates in eastern Afghanistan and whose leaders are based in Pakistan’s adjacent North Waziristan tribal agency. The United States accuses the group of staging some of the deadliest terrorist attacks in Kabul, including on the Indian and U.S. embassies, killing civilians, and attacking U.S.-led forces in Afghanistan. But the Obama administration didn’t officially designate the network as a terrorist group until September 2012.

Its titular head is Jalaluddin Haqqani, an aging former anti-Soviet guerrilla who served as a minor minister and top military commander in the Taliban regime that sheltered al Qaida until both were driven into Pakistan by the 2001 U.S. intervention in Afghanistan. U.S. officials allege that the group, whose operational chief is Haqqani’s son, Sirajuddin, closely works with al Qaida and is backed by elements of the Pakistani army-led Inter-Services Intelligence spy service, a charge denied by Islamabad.

At least 15 drone strikes were launched against the Haqqani network or locations where its fighters were present during the one-year period ending in September 2011, according to the U.S. intelligence reports. They estimated that up to 96 people – or about 20 percent of the total for that period – were killed.

One report also makes clear that during the Bush administration, the agency killed Haqqani family women and children.

According to the report, an undisclosed number of Haqqani subcommanders, unnamed Arabs and unnamed “members of the extended Haqqani family” died in a Sept. 8, 2008, strike. News reports on the attack in the North Waziristan village of Dandey Darapakhel said that among as many as 25 dead were an Arab who was chief of al Qaida’s operations in Pakistan, and eight of Jalaluddin Haqqani’s grandchildren, one of his wives, two nieces and a sister.

The U.S. intelligence reports estimated that as many as 31 people were killed in at least nine strikes on the Pakistani Taliban or on locations that the group shared with others between January 2010 and September 2011. While U.S. officials say the Taliban Movement of Pakistan works closely with al Qaida, its goal is to topple the Pakistani government through suicide bombings, assaults and assassinations, not attacking the United States. The group wasn’t founded until 2007, and some of the strikes in the U.S. intelligence reports occurred before the administration designated it a terrorist organization in September 2010.

…

McClatchy Washington Bureau

Posted on Tue, Apr. 09, 2013
Obama’s drone war kills ‘others,’ not just al Qaida leaders
By Jonathan S. Landay | McClatchy Newspapers

last updated: April 10, 2013 05:09:02 AM
WASHINGTON — ]

Find this story at 10 April 2013

© McClatchyDC.com

Drone Strikes Don’t Just Target al-Qaida Leaders

Members of Grandmothers Against the War, Granny Peace Brigade, the Raging Grannies, and other groups hoist a model of a drone in the air as they protest the U.S. military’s use of drones during an “April Days of Action” demonstration, April 3, 2013, in New York. Photo by Don Emmert/AFP/Getty Images

According to a new investigative report by McClatchy, the Obama administration doesn’t stick to their own standards on drone use in the Middle East.

The news may not come as a surprise to some, given the number of deaths attributed to drones since 9/11. Those numbers—as many as 3,581 killed in Pakistan, including as many as 884 civilians and 197 children, according to the Bureau of Investigative Journalism—stand in contrast to the administration’s very strict official standards for drone attacks. The administration, as a refresher, has previously said that the CIA’s Predator and Reaper drones are only used against “specific senior operational leaders of al-Qaida and associated forces” involved in 9/11, and currently plotting attacks on Americans.
“Copies of the top-secret U.S. intelligence reports reviewed by McClatchy … list killings of alleged Afghan insurgents whose organization wasn’t on the U.S. list of terrorist groups at the time of the 9/11 strikes; of suspected members of a Pakistani extremist group that didn’t exist at the time of 9/11; and of unidentified individuals described as ‘other militants’ and ‘foreign fighters.’ ”

…

Posted Wednesday, April 10, 2013, at 10:40 AM Slate.com

Find this story at 11 April 2013

© 2013 The Slate Group, LLC.

US drones target low-level militants who pose no threat: Top secret documents show that half of those killed in a year were ‘unknown extremists’

The US government was accused of hiding the truth about its drone programme after leaked intelligence files revealed that it was targeting unidentified militants who posed no immediate threat to the United States.

Despite President Barack Obama’s public promise that the CIA’s armed Predators and Reapers were only firing on those suspected of plotting against America, top-secret documents show that in one year alone almost half of those killed were simply listed as “unknown extremists”.

The documents, obtained by US news agency McClatchy, also reveal Pakistan’s intelligence agency was co-operating with the US at the same time as its government was condemning drone strikes on its soil.

“There is now mounting evidence that the Obama administration is misleading the American public – and the world at large – about the drone war it is waging in Pakistan,” said Jennifer Gibson, a lawyer working with the British human rights charity Reprieve.

“The reports show a significant number of the strikes have nothing to do with al-Qa’ida. Instead, they may have been a quid pro quo exchange between two countries’ spy agencies. The result is that the US often doesn’t know who it is killing.”

The US has come under increasing international pressure to open up its decision-making process to scrutiny following claims that the drone programme has killed hundreds of civilians among an estimated death toll of 2,500, predominantly in Pakistan and Yemen. Preparations are in place to transfer more control of the programme from the CIA to the Pentagon, in a move said to herald greater transparency.

…

Terri Judd
Wednesday, 10 April 2013

Find this story at 10 April 2013

© independent.co.uk

Arundhati Roy on Iraq War’s 10th: Bush May Be Gone, But “Psychosis” of U.S. Foreign Policy Prevails

On the eve of the 10th anniversary of the U.S. invasion of Iraq, the global justice activist and author Arundhati Roy joins us to discuss the war’s legacy. Roy is the author of many books, including “The God of Small Things,” “Walking with the Comrades,” and “Field Notes on Democracy: Listening to Grasshoppers.” Roy argues the imperial mentality that enabled the United States to invade Iraq continues today unabated across the world. “We are being given lessons in morality [by world leaders] while tens of thousands are being killed, while whole countries are shattered, while whole civilizations are driven back decades, if not centuries,” Roy says. “And everything continues as normal.” [includes rush transcript]
Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: March 19th marks the 10th anniversary of the U.S. invasion of Iraq. According to a new report by Brown University, a decade of war led to the deaths of roughly 134,000 Iraqi civilians and potentially contributed to the deaths of many hundreds of thousands more. According to the report, the Iraq War has cost the U.S. more than $2 trillion, including half-a-trillion dollars in benefits owed to veterans. The report says the war has devastated rather than helped Iraq, spurring militant violence, setting back women’s rights and hurting the healthcare system. Most of the more than $200 billion supposedly set aside for reconstruction in Iraq was actually used for security or lost amid rampant fraud and waste. Many in Iraq continue to suffer the consequences of the invasion. This is Basma Najem, whose husband was shot dead by U.S. forces in Basra in 2011.

BASMA NAJEM: [translated] We expected that we would live in a better situation when the occupation forces, the U.S. forces, came to Iraq. We expected that the situation would be improved. But contrary to our expectation, the situation deteriorated. And at the end, I lost my husband. I have no breadwinner in this world now, and I have six kids. I could not imagine my life would be changed like this. I do not know how it happened.

AMY GOODMAN: The consequences of the war are still visible here in the United States, as well. Military veterans continue to face extremely high levels of unemployment, traumatic brain injury, PTSD and homelessness. Almost a quarter of recent veterans come home injured either physically or emotionally, and an estimated 18 veterans commit suicide every day. This is Ed Colley, whose son, Army Private Stephen Colley, took his own life in 2007.

EDWARD COLLEY: We lost our son shortly after he returned from Iraq. He had asked for help, but he didn’t get the help that he needed. And clearly, he was trying to do what he could for himself and could think of no other cure, obviously, than to take his own life.

AMY GOODMAN: To talk more about this 10th anniversary, we’re joined by the award-winning writer and activist Arundhati Roy, one of the most vocal critics of the Iraq War. In a moment, she’ll join us from Chicago. But first let’s go back to 2003 to a speech she gave at Riverside Church here in New York.

ARUNDHATI ROY: When the United States invaded Iraq, a New York Times/CBS News survey estimated that 42 percent of the American public believed that Saddam Hussein was directly responsible for the September 11th attacks on the World Trade Center and the Pentagon. And an ABC News poll said that 55 percent of Americans believed that Saddam Hussein directly supported al-Qaeda. None of this opinion is based on evidence, because there isn’t any. All of it is based on insinuation or to suggestion and outright lies circulated by the U.S. corporate media, otherwise known as the “free press,” that hollow pillar on which contemporary American democracy rests. Public support in the U.S. for the war against Iraq was founded on a multitiered edifice of falsehood and deceit, coordinated by the U.S. government and faithfully amplified by the corporate media.

Apart from the invented links between Iraq and al-Qaeda, we had the manufactured frenzy about Iraq’s weapons of mass destruction. George Bush the Lesser went to the extent—went to the extent of saying it would be suicidal for Iraq—for the U.S. not to attack Iraq. We once again witnessed the paranoia that a starved, bombed, besieged country was about to annihilate almighty America. Iraq was only the latest in a succession of countries. Earlier, there was Cuba, Nicaragua, Libya, Granada, Panama. But this time it wasn’t just your ordinary brand of friendly neighborhood frenzy. It was frenzy with a purpose. It ushered in an old doctrine in a new bottle: the doctrine of preemptive strike, also known as the United States can do whatever the hell it wants, and that’s official. The war against Iraq has been fought and won, and no weapons of mass destruction have been found, not even a little one.

AMY GOODMAN: Arundhati Roy, speaking in October of 2003 at Riverside Church here in New York, seven months after the U.S. invasion of Iraq. Arundhati has written many books, including The God of Small Things, which won the Booker Prize. Her other books include Walking with the Comrades and Field Notes on Democracy: Listening to Grasshoppers, among others. She now joins us from Chicago.

Arundhati Roy, welcome to Democracy Now! As you watch yourself 10 years ago and reflect back 10 years ago to this week when the U.S. invaded Iraq, your thoughts today?

ARUNDHATI ROY: Well, Amy, before that, we remember how—I think it was 50 million people across the world who marched against the war in Iraq. It was perhaps the biggest display of public morality in the world—you know, I mean, before the war happened. Before the war happened, everybody knew that they were being fed lies. I remember saying, you know, it’s just the quality of the lies that is so insulting, because we are being—used to being lied to.

But, unfortunately, now, all these years later, we have to ask ourselves two questions. One is: Who benefited from this war? You know, we know who paid the price. I heard—I heard you talking about that, so I won’t get into that again. But who benefited from this war? Did the U.S. government? Did the U.S. people benefit? Did they get the oil contracts that they wanted, in the way that they wanted? The answer is no. And yet, today you hear Dick Cheney saying he would do it all over again in a second.

So, unfortunately, we are dealing with psychosis. We are dealing with a psychopathic situation. And all of us, including myself, we can’t do anything but keep being reasonable, keep saying what needs to be said. But that doesn’t seem to help the situation, because, of course, as we know, after Iraq, there’s been Libya, there’s Syria, and the rhetoric of, you know, democracy versus radical Islam. When you look at the countries that were attacked, none of them were Wahhabi Islamic fundamentalist countries. Those ones are supported, financed by the U.S., so there is a real collusion between radical Islam and capitalism. What is going on is really a different kind of battle.

And, you know, most people are led up a path which keeps them busy. And in a way, all of us are being kept busy, while the real business at the heart of it—I mean, apart from the people who suffered during the war. Let’s not forget the sanctions. Let’s not forget Madeleine Albright saying that a million children dying in Iraq because of the sanctions was a hard price but worth it. I mean, she was the victim, it seems, of the sanctions; you know, her softness was called upon, and she had to brazen herself to do it. And today, you have the Democrats bombing Pakistan, destroying that country, too. So, just in this last decade, Afghanistan, Pakistan, Iraq, Libya, Syria—all these countries have been—have been shattered.

You know, we heard a lot about why—you know, the war in Afghanistan was fought for feminist reasons, and the Marines were really on this feminist mission. But today, all the women in all these countries have been driven back into medieval situations. Women who were liberated, women who were doctors and lawyers and poets and writers and—you know, pushed back into this Shia set against Sunnis. The U.S. is supporting al-Qaeda militias all over this region and pretending that it’s fighting Islam. So we are in a situation of—it is psychopathic.

And while anyone who resisted is being given moral lessons about armed struggle or violence or whatever it is, at the heart of this operation is an immorality and a violence and a—as I keep using this word—psychopathic violence, which even the people in the United States are now suffering for. You know, there is a connection, after all, between all these wars and people being thrown out of their homes in this country. And yet, of course we know who benefits from these wars. May not be the oil contracts, but certainly the weapons industry on which this economy depends for—you know, for a great part. So, all over, even between India and Pakistan now, people are advocating war. And the weapons industry is in with the corporations in India.

So, we are really being made fools of. You know, this is what is so insulting. We are being, you know, given lessons in morality while tens of thousands are being killed, while whole countries are shattered, while whole civilizations are driven back decades, if not centuries. And everything continues as normal. And you have—you have people, like criminals, really, like Cheney, saying, “I’ll do it again. I’ll do it again. I won’t think about it. I’ll do it again.” And so that’s the situation we are in now.

AMY GOODMAN: Arundhati, a decade after the invasion of Iraq, former British Prime Minister Tony Blair stood by his decision to go to war, saying it saved Iraq from a fate worse than Syria’s at the moment.

TONY BLAIR: I think if we’d—if we’d backed off and we’d left him in power, you just imagine, with what is happening in Syria now, if you’d left Saddam in charge of Iraq, you would have had carnage on an even worse scale in Syria and with no end in sight. So, you know, this was the most difficult decision I ever took and the most balanced decision. But I still—personally, I still believe we were better to remove him than leave him.

AMY GOODMAN: That was British Prime Minister Tony Blair, former prime minister. Arundhati Roy, your response?

ARUNDHATI ROY: Well, you know, I don’t know. Maybe they need to be put into a padded cell and given some real news to read, you know? I mean, how can you say this, after creating a situation in Iraq where no—I mean, every day people are being blown up? There are—you know, mosques are being attacked. Thousands are being killed. People have been made to hate each other. In Iraq, women were amongst the most liberated women in the world, and they have been driven back into having to wear burqas and be safe, because of the situation. And this man is saying, “Oh, we did such a wonderful thing. We saved these people.” Now, isn’t that like—isn’t it insane? I mean, I don’t know how to respond to something like that, because it’s like somebody looking at somebody being slaughtered and saying, “Oh, he must be enjoying it. We are really helping him,” you know? So, how do you argue rationally against these people?

AMY GOODMAN: Can you—

ARUNDHATI ROY: We just have to think about what we need to do, you know? But we can’t have a conversation with them in this—at this point.

AMY GOODMAN: Do you see President Obama going in a different direction?

ARUNDHATI ROY: Of course not. I don’t see him going in a different direction at all. I mean, the real question to ask is: When was the last time the United States won a war? You know, it lost in Vietnam. It’s lost in Afghanistan. It’s lost in Iraq. And it will not be able to contain the situation. It is hemorrhaging. It is now—you know, of course you can continue with drone attacks, and you can continue these targeted killings, but on the ground, a situation is being created which no army—not America, not anybody—can control. And it’s just, you know, a combination of such foolishness, such a lack of understanding of culture in the world.

And Obama just goes on, you know, coming out with these smooth, mercurial sentences that are completely meaningless. I was—I remember when he was sworn in for the second time, and he came on stage with his daughters and his wife, and it was all really nice, and he said, you know, “Should my daughters have another dog, or should they not?” And a man who had lost his entire family in the drone attacks just a couple of weeks ago said, “What am I supposed to think? What am I supposed to think of this exhibition of love and family values and good fatherhood and good husbandhood?” I mean, we’re not morons, you know? It’s about time that we stopped acting so reasonable. I just don’t feel reasonable about this anymore.

AMY GOODMAN: We’re going to break and then come back and talk about what’s happening in Kashmir, a place you’ve been focusing on recently, Arundhati. Arundhati Roy is the award-winning writer, renowned global justice activist. Among her books, The God of Small Things, her most recent book, Walking with the Comrades, and Field Notes on Democracy: Listening to Grasshoppers. This is Democracy Now! We’ll be back in a minute.

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Monday, March 18, 2013

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CIA director faces a quandary over clandestine service appointment

As John Brennan moved into the CIA director’s office this month, another high-level transition was taking place down the hall.

A week earlier, a woman had been placed in charge of the CIA’s clandestine service for the first time in the agency’s history. She is a veteran officer with broad support inside the agency. But she also helped run the CIA’s detention and interrogation program after the Sept. 11, 2001, attacks and signed off on the 2005 decision to destroy videotapes of prisoners being subjected to treatment critics have called torture.

The woman, who remains undercover and cannot be named, was put in the top position on an acting basis when the previous chief retired last month. The question of whether to give her the job permanently poses an early quandary for Brennan, who is already struggling to distance the agency from the decade-old controversies.

Brennan endured a bruising confirmation battle in part over his own role as a senior CIA official when the agency began using water-boarding and other harsh interrogation methods. As director, he is faced with assembling the CIA’s response to a report by the Senate Intelligence Committee that documents abuses in the interrogation program and accuses the agency of misleading the White House and Congress over its effectiveness.

To help navigate the sensitive decision on the clandestine service chief, Brennan has taken the unusual step of assembling a group of three former CIA officials to evaluate the candidates. Brennan announced the move in a previously undisclosed notice sent to CIA employees last week, officials said.

“The director of the clandestine service has never been picked that way,” said a former senior U.S. intelligence official.

The move has led to speculation that Brennan is seeking political cover for a decision made more difficult by the re-emergence of the interrogation controversy and the acting chief’s ties to that program.

She “is highly experienced, smart and capable,” and giving her the job permanently “would be a home run from a diversity standpoint,” the former senior U.S. intelligence official said. “But she was also heavily involved in the interrogation program at the beginning and for the first couple of years.”

The former official, who spoke on the condition of anonymity in discussing internal agency matters, said that Brennan “is obviously hesitating” at making the chief permanent.

CIA officials disputed that characterization. “Given the importance of the position of the director of the National Clandestine Service, Director Brennan has asked a few highly respected former senior agency officers to review the candidates he’s considering for the job,” said Preston Golson, a CIA spokesman.

The group’s members were identified as former senior officials John McLaughlin, Stephen Kappes and Mary Margaret Graham.

Golson said Brennan will make the decision but added that “asking former senior agency officers to review the candidates will undoubtedly aid the selection process by making sure the director has the benefit of the additional perspectives from these highly experienced and respected intelligence officers.”

Other candidates to run the clandestine service include a former station chief in Pakistan and the director of the CIA’s Counterterrorism Center . Neither person can be named because they are undercover.

The service is the most storied part of the CIA. It sends spies overseas and carries out covert operations including running the agency’s ongoing drone campaign.

The service has also long been perceived as a male bastion that has blocked the career paths of women even while female officers have ascended to the top posts in other divisions, including the directors of analysis and science.

No woman has held the job of CIA director or led the clandestine service until now.

The acting chief, who according to public records is in her 50s, is part of a generation that over the past two decades has pushed through many obstacles confronting women. The CIA refused to comment on her background, but former colleagues said she mastered several languages and served multiple tours in Moscow and other cities overseas. She also held senior posts at CIA headquarters.

After the Sept. 11 attacks, she took on a senior assignment at the Counterterrorism Center, which put her in the chain of command on the interrogation and detention program, former officials said.

In a fateful decision, the CIA set up a video camera at its secret prison in Thailand shortly after it opened in the months after the attacks. The agency recorded more than 90 tapes of often-brutal interrogations, footage that became increasingly worrisome to officials as the legal basis for the program began to crumble.

When the head of the Counterterrorism Center, Jose Rodriguez, was promoted to head of the clandestine service in 2004, he took the female officer along as his chief of staff. According to former officials, the two repeatedly sought permission to have the tapes destroyed but were denied.

In 2005, instructions to get rid of the recordings went out anyway. Former officials said the order carried just two names: Rodriguez and his chief of staff.

The officer went on to hold top positions in London and New York before returning to Langley as deputy chief of the clandestine service. She became acting director on Feb. 28, when the previous head of the service, John Bennett, retired.

The Justice Department has twice investigated the tapes’ destruction and brought no charges against anyone at the CIA.

Former senior CIA officials said that outcome should clear any obstacles to the acting director getting the job permanently. But the seemingly dormant controversy over the interrogation program was revived by Brennan’s nomination and completion of a 6,000-page report from the Senate Intelligence Committee that accuses the agency of exaggerating the program’s results.

The acting director is mentioned in several passages of the report, according to officials familiar with its contents, although they declined to provide more details.

Amid calls for the public release of the report, Brennan faces having to devise a response that doesn’t alienate his workforce or the lawmakers who confirmed him for his job.

…

By Greg Miller and Julie Tate, Published: March 27

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Symbols of Bush-era Lawlessness Flourish Under Obama Guantanamo Bay prison plans expansion, while CIA official linked to torture cover-up gets promoted

During the George W. Bush years, two of the most controversial elements of what was then called the Global War on Terror were the CIA’s rendition, detention and interrogation (RDI) program and the creation of the prison camps at Guantanamo Bay. The RDI program included waterboarding and other forms of torture, as well as so-called black site prisons where detainees were held incommunicado after being abducted by the CIA, and sometimes tortured by members of the host country’s security forces.

Guantanamo Bay and the RDI program are both back in the news now, each for their own unsavory reasons, and their reemergence should be a reminder of how fully the Obama administration has embraced the logic underpinning the Bush regime’s response to 9/11. The Pentagon is now requesting nearly $200 million for Guantanamo Bay infrastructure upgrades, including $49 million for a new unit for “special” prisoners – likely the so-called high-value detainees currently housed at Camp 7, which include self-proclaimed 9/11 mastermind Khalid Sheikh Mohammed. The Pentagon’s reasoning is that neither the president nor Congress have any plans to close the prison anytime soon, so these repairs are necessary.

This massive capital request comes as detainees are engaged in an increasingly dire hunger strike to protest their indefinite detention and to signal their lack of hope for transfer or release. Instead of closing Guantanamo Bay, the Obama administration stands poised to do the very opposite – pour more money into what is already the country’s most expensive prison.

Meanwhile, participation in the CIA’s controversial RDI program has resulted for at least one person not in prosecution or professional sanctions, but rather in a promotion. For the last several weeks, an unnamed woman has been acting director of the National Clandestine Service – the part of the CIA that runs spying and covert operations, including the CIA’s drone program – as first reported by the Washington Post. This is the first time a woman has held that position. But this particular woman was a major figure in the RDI program, once ran a black site prison, and has been linked to the destruction of interrogation tapes that almost certainly documented the CIA’s use of torture.

In 2005, the unnamed woman was chief of staff for Jose Rodriguez, then the acting director for the clandestine service. Rodriguez ordered the destruction of at least 92 tapes CIA agents made of the interrogations of two high-value detainees, Abu Zubayah and Abd Al-Rahim Al-Nashiri – at least some of which included waterboarding, which is widely regarded as a form of torture. The New York Times reported that the woman “and Jose were the two main drivers for years for getting the tapes destroyed” – an anonymous quote they attributed to a “former senior CIA officer.” In his memoir, Rodriguez said that the woman drafted the cable allowing the destruction of the tapes after meeting with CIA lawyers.

…

by John Knefel
APRIL 02, 2013

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Copyright ©2013 Rolling Stone

German spies accused of racism, Islamophobia

Germany’s domestic intelligence agency is a hotbed of “institutional racism,” where Islamophobic, racist and offensive remarks are an everyday occurrence, a newspaper reported on Friday.
Westerwelle slams media limits for neo-Nazi trial (10 Apr 13)
Search for Nazi death camp guards widens (9 Apr 13)
Radical German Muslims join fight in Syria (7 Apr 13)

Germany’s security service the Verfassungsschutz is a hornet’s nest of conflict, envy, jealousy and inappropriate insults, wrote the Süddeutsche Zeitung, citing inside sources.

And they aren’t just innocent office jokes. Employees of the department tasked with observing militant Islamists reportedly throw around deeply offensive, Nazi-affiliated words in private of the kind which would be unthinkable in a public setting.

These range from Herrenrasse, the German for “master race” to Muselmann – originally a German word meaning “Muslim man” later used by the Nazis as a slang word for emaciated death camp inmates who had surrendered to their fate – to Ölauge, a derogatory name for “greasy” dark-eyed foreigners.

In one case currently the subject of an internal investigation, an agency employee is said to have offended co-workers in his office by positioning a doll of a Teutonic Knight with his sword pointing at a miniature mosque, wrote the paper.

The highly secretive intelligence agency declined to comment on the investigation into the doll incident, but the paper reported mixed views among internal sources.
While some insisted the incident was an isolated, one-off occurrence, others told paper the issue of racism was not being dealt with at all within the agency.

…

Published: 22 Mar 13 10:50 CET | Print version

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The Local/jlb

James Steele: America’s mystery man in Iraq – video

A 15-month investigation by the Guardian and BBC Arabic reveals how retired US colonel James Steele, a veteran of American proxy wars in El Salvador and Nicaragua, played a key role in training and overseeing US-funded special police commandos who ran a network of torture centres in Iraq. Another special forces veteran, Colonel James Coffman, worked with Steele and reported directly to General David Petraeus, who had been sent into Iraq to organise the Iraqi security services

• Watch a five-minute edited version of this film narrated by Dearbhla Molloy

• Revealed: Pentagon’s link to Iraqi torture centres

Find this story at 6 March 2013

Revealed: Pentagon’s link to Iraqi torture centres

Exclusive: General David Petraeus and ‘dirty wars’ veteran behind commando units implicated in detainee abuse

The Pentagon sent a US veteran of the “dirty wars” in Central America to oversee sectarian police commando units in Iraq that set up secret detention and torture centres to get information from insurgents. These units conducted some of the worst acts of torture during the US occupation and accelerated the country’s descent into full-scale civil war.

Colonel James Steele was a 58-year-old retired special forces veteran when he was nominated by Donald Rumsfeld to help organise the paramilitaries in an attempt to quell a Sunni insurgency, an investigation by the Guardian and BBC Arabic shows.

After the Pentagon lifted a ban on Shia militias joining the security forces, the special police commando (SPC) membership was increasingly drawn from violent Shia groups such as the Badr brigades.

A second special adviser, retired Colonel James H Coffman, worked alongside Steele in detention centres that were set up with millions of dollars of US funding.

Coffman reported directly to General David Petraeus, sent to Iraq in June 2004 to organise and train the new Iraqi security forces. Steele, who was in Iraq from 2003 to 2005, and returned to the country in 2006, reported directly to Rumsfeld.

The allegations, made by US and Iraqi witnesses in the Guardian/BBC documentary, implicate US advisers for the first time in the human rights abuses committed by the commandos. It is also the first time that Petraeus – who last November was forced to resign as director of the CIA after a sex scandal – has been linked through an adviser to this abuse.

Coffman reported to Petraeus and described himself in an interview with the US military newspaper Stars and Stripes as Petraeus’s “eyes and ears out on the ground” in Iraq.

“They worked hand in hand,” said General Muntadher al-Samari, who worked with Steele and Coffman for a year while the commandos were being set up. “I never saw them apart in the 40 or 50 times I saw them inside the detention centres. They knew everything that was going on there … the torture, the most horrible kinds of torture.”

Additional Guardian reporting has confirmed more details of how the interrogation system worked. “Every single detention centre would have its own interrogation committee,” claimed Samari, talking for the first time in detail about the US role in the interrogation units.

“Each one was made up of an intelligence officer and eight interrogators. This committee will use all means of torture to make the detainee confess like using electricity or hanging him upside down, pulling out their nails, and beating them on sensitive parts.”

There is no evidence that Steele or Coffman tortured prisoners themselves, only that they were sometimes present in the detention centres where torture took place and were involved in the processing of thousands of detainees.

The Guardian/BBC Arabic investigation was sparked by the release of classified US military logs on WikiLeaks that detailed hundreds of incidents where US soldiers came across tortured detainees in a network of detention centres run by the police commandos across Iraq. Private Bradley Manning, 25, is facing a prison sentence of up to 20 years after he pleaded guilty to leaking the documents.

Samari claimed that torture was routine in the SPC-controlled detention centres. “I remember a 14-year-old who was tied to one of the library’s columns. And he was tied up, with his legs above his head. Tied up. His whole body was blue because of the impact of the cables with which he had been beaten.”

Gilles Peress, a photographer, came across Steele when he was on assignment for the New York Times, visiting one of the commando centres in the same library, in Samarra. “We were in a room in the library interviewing Steele and I’m looking around I see blood everywhere.”

The reporter Peter Maass was also there, working on the story with Peress. “And while this interview was going on with a Saudi jihadi with Jim Steele also in the room, there were these terrible screams, somebody shouting: ‘Allah, Allah, Allah!’ But it wasn’t kind of religious ecstasy or something like that, these were screams of pain and terror.”

The pattern in Iraq provides an eerie parallel to the well-documented human rights abuses committed by US-advised and funded paramilitary squads in Central America in the 1980s. Steele was head of a US team of special military advisers that trained units of El Salvador’s security forces in counterinsurgency. Petraeus visited El Salvador in 1986 while Steele was there and became a major advocate of counterinsurgency methods.

Steele has not responded to any questions from the Guardian and BBC Arabic about his role in El Salvador or Iraq. He has in the past denied any involvement in torture and said publicly he is “opposed to human rights abuses.” Coffman declined to comment.

An official speaking for Petraeus said: “During the course of his years in Iraq, General Petraeus did learn of allegations of Iraqi forces torturing detainees. In each incident, he shared information immediately with the US military chain of command, the US ambassador in Baghdad … and the relevant Iraqi leaders.”

The Guardian has learned that the SPC units’ involvement with torture entered the popular consciousness in Iraq when some of their victims were paraded in front of a TV audience on a programme called “Terrorism In The Hands of Justice.”

SPC detention centres bought video cameras, funded by the US military, which they used to film detainees for the show. When the show began to outrage the Iraqi public, Samari remembers being in the home of General Adnan Thabit – head of the special commandos – when a call came from Petraeus’s office demanding that they stop showing tortured men on TV.

“General Petraeus’s special translator, Sadi Othman, rang up to pass on a message from General Petraeus telling us not to show the prisoners on TV after they had been tortured,” said Samari. “Then 20 minutes later we got a call from the Iraqi ministry of interior telling us the same thing, that General Petraeus didn’t want the torture victims shown on TV.”

Othman, who now lives in New York, confirmed that he made the phone call on behalf of Petraeus to the head of the SPC to ask him to stop showing the tortured prisoners. “But General Petraeus does not agree with torture,” he added. “To suggest he does support torture is horseshit.”

Thabit is dismissive of the idea that the Americans he dealt with were unaware of what the commandos were doing. “Until I left, the Americans knew about everything I did; they knew what was going on in the interrogations and they knew the detainees. Even some of the intelligence about the detainees came to us from them – they are lying.”

Just before Petraeus and Steele left Iraq in September 2005, Jabr al-Solagh was appointed as the new minister of the interior. Under Solagh, who was closely associated with the violent Badr Brigades militia, allegations of torture and brutality by the commandos soared. It was also widely believed that the units had evolved into death squads.

The Guardian has learned that high-ranking Iraqis who worked with the US after the invasion warned Petraeus of the consequences of appointing Solagh but their pleas were ignored.

The long-term impact of funding and arming this paramilitary force was to unleash a deadly sectarian militia that terrorised the Sunni community and helped germinate a civil war that claimed tens of thousands of lives. At the height of that sectarian conflict, 3,000 bodies a month were strewn on the streets of Iraq.
CV: James Steele

Vietnam

Jim Steele’s first experience of war was in Vietnam, where from 1965 to 1975 US combat units were deployed against the communist North Vietnamese government and Viet Cong. 58,000 Americans were killed, dealing a blow to the nation’s self-esteem and leading to a change in military thinking for subsequent conflicts.

El Salvador

A 1979 military coup plunged the smallest country in Central America into civil war and drew in US training and funding on the side of the rightwing government. From 1984 to 1986 Steele – a “counterinsurgency specialist” – was head of the US MilGroup of US special forces advisers to frontline battalions of the Salvadorean military, which developed a fearsome international reputation for its death-squad activities. Prof Terry Karl, an expert at Stanford University on El Salvador’s civil war, said that Steele’s main aim was to shift the fight from so-called total war, which then meant the indiscriminate murder of thousands of civilians, to a more “discriminate” approach. One of his tasks was to put more emphasis on “human intelligence” and interrogation.

Nicaragua

…

Mona Mahmood, Maggie O’Kane, Chavala Madlena and Teresa Smith
The Guardian, Wednesday 6 March 2013 20.04 GMT

Find this story at 6 March 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Exclusive: Court Docs Reveal Blackwater’s Secret CIA Past

It was the U.S. military’s most notorious security contractor—but it may also have been a virtual extension of the CIA. Eli Lake reports.

Last month a three-year-long federal prosecution of Blackwater collapsed. The government’s 15-felony indictment—on such charges as conspiring to hide purchases of automatic rifles and other weapons from the Bureau of Alcohol, Tobacco, Firearms, and Explosives—could have led to years of jail time for Blackwater personnel. In the end, however, the government got only misdemeanor guilty pleas by two former executives, each of whom were sentenced to four months of house arrest, three years’ probation, and a fine of $5,000. Prosecutors dropped charges against three other executives named in the suit and abandoned the felony charges altogether.

via office of the King of Jordan

But the most noteworthy thing about the largely failed prosecution wasn’t the outcome. It was the tens of thousands of pages of documents—some declassified—that the litigation left in its wake. These documents illuminate Blackwater’s defense strategy—and it’s a fascinating one: to defeat the charges it was facing, Blackwater built a case not only that it worked with the CIA—which was already widely known—but that it was in many ways an extension of the agency itself.

Founded in 1997 by Erik Prince, heir to an auto-parts family fortune, Blackwater had proved especially useful to the CIA in the early 2000s. “You have to remember where the CIA was after 9/11,” says retired Congressman Pete Hoekstra, who served as the Republican chairman of the House Permanent Select Committee on Intelligence from 2004 to 2006 and later as the ranking member of the committee. “They were gutted in the 1990s. They were sending raw recruits into Afghanistan and other dangerous places. They were looking for skills and capabilities, and they had to go to outside contractors like Blackwater to make sure they could accomplish their mission.”

But according to the documents Blackwater submitted in its defense—as well as an email exchange I had recently with Prince—the contractor’s relationship with the CIA was far deeper than most observers thought. “Blackwater’s work with the CIA began when we provided specialized instructors and facilities that the Agency lacked,” Prince told me recently, in response to written questions. “In the years that followed, the company became a virtual extension of the CIA because we were asked time and again to carry out dangerous missions, which the Agency either could not or would not do in-house.”

A prime example of the close relationship appears to have unfolded on March 19, 2005. On that day, Prince and senior CIA officers joined King Abdullah of Jordan and his brothers on a trip to Blackwater headquarters in Moyock, North Carolina, according to lawyers for the company and former Blackwater officials. After traveling by private jet from Washington to the compound, Abdullah (a former Jordanian special-forces officer) and Prince (a former Navy SEAL) participated in a simulated ambush, drove vehicles on a high-speed racetrack, and raided one of the compound’s “shoot houses,” a specially built facility used to train warriors in close-quarters combat with live ammo, Prince recalls.

At the end of the day, company executives presented the king with two gifts: a modified Bushmaster AR-15 rifle and a Remington shotgun, both engraved with the Blackwater logo. They also presented three Blackwater-engraved Glock pistols to Abdullah’s brothers. According to Prince, the CIA asked Blackwater to give the guns to Abdullah “when people at the agency had forgotten to get gifts for him.”

Three years later, the ATF raided the Moyock compound. In itself, this wasn’t unusual; the ATF had been conducting routine inspections of the place since 2005, when Blackwater informed the government that two of its employees had stolen guns and sold them on the black market. Typically, agents would show up in street clothes, recalled Prince. “They knew our people and our processes.”

But the 2008 visit, according to Prince, was different. “ATF agents had guns drawn and wore tactical jackets festooned with the initials ATF. It was a cartoonish show of force,” he said. (Earl Woodham, a spokesman for the Charlotte field division of the ATF, disputes this characterization. “This was the execution of a federal search warrant that requires they be identified with the federal agency,” he says. “They had their firearms covered to execute a federal search warrant. To characterize this as anything other than a low-key execution of a federal search warrant is inaccurate.”)

During the raid, the ATF seized 17 Romanian AK-47s and 17 Bushmaster AR-13 rifles the bureau claimed were purchased illegally through the sheriff’s office in Camden County, North Carolina. It also alleged that Blackwater illegally shortened the barrels of rifles and then exported them to other countries in violation of federal gun laws. Meanwhile, in the process of trying to account for Blackwater’s guns, the ATF discovered that the rifles and pistols presented in 2005 to King Abdullah and his brothers were registered to Blackwater employees. Prosecutors would subsequently allege that Gary Jackson—the former president of Blackwater and one of the two people who would eventually plead guilty to a misdemeanor—had instructed employees to falsely claim on ATF forms that the guns were their own personal property and not in the possession of Jordanian royalty.

In all of these instances—the purchase of the rifles through the Camden County sheriff, the shipment of the guns to other countries, and the gifts to Abdullah—Blackwater argued that it was acting on behalf of the U.S. government and the CIA. All of these arguments, obviously, were very much in Blackwater’s legal interest. That said, it provided the court with classified emails, memoranda, contracts, and photos. It also obtained sealed depositions from top CIA executives from the Directorate of Operations, testifying that Blackwater provided training and weapons for agency operations. (A CIA spokesman declined to comment for this story.)

One document submitted by the defense names Jose Rodriguez, the former CIA chief of the Directorate of Operations, and Buzzy Krongard, the agency’s former executive director, as among those CIA officers who had direct knowledge of Blackwater’s activities, in a section that is still partially redacted. This document is the closest Blackwater has come to acknowledging that Prince himself was a CIA asset, something first reported in 2010 by Vanity Fair. One of the names on the list of CIA officers with knowledge of Blackwater’s work in the document is “Erik P”—with the remaining letters whited out.

This document made Blackwater’s defense clear: “the CIA routinely used Blackwater in missions throughout the world,” it said. “These efforts were made under written and unwritten contracts and through informal requests. On many occasions the CIA paid Blackwater nothing for its assistance. Blackwater also employed CIA officers and agents, and provided cover to CIA agents and officers operating in covert and clandestine assignments. In many respects, Blackwater, or at least portions of Blackwater, was an extension of the CIA.”

When I asked Prince why Blackwater would often work for free, he responded, “I agreed to provide some services gratis because, in the wake of 9/11, I felt it my patriotic duty. I knew that I had the tools and resources to help my country.”

Moreover, according to still-sealed testimony described to The Daily Beast, the agency had its own secure telephone line and a facility for handling classified information within Blackwater’s North Carolina headquarters. CIA officers trained there and used an area—fully shielded from view inside the rest of the Blackwater compound by 20-foot berms—to coordinate operations.

Sara D. Davis/AP

In the wake of the major charges being dropped, the U.S. attorney who prosecuted the case against Blackwater, Thomas Walker, told me that it would be wrong to dismiss the prosecution as a waste of time. “The company looks completely different now than before the investigation,” he said. “For example, in 2009, Erik Prince was the sole owner. This company now has a governing board that is accountable.”

In 2010 Prince sold Blackwater, which is now known as Academi, for an estimated $200 million. Prince retains control of numerous companies that were part of Blackwater before he sold it, but he told me that he had “ceased providing any services” to the U.S. government.

Walker would not discuss Blackwater’s relationship with the CIA. But he did say the defense that the company was acting for the government did not excuse any violations of federal law. “Our evidence showed there was a mentality at the company that they considered themselves above the law,” Walker said. “That is a slippery slope. There came a time when there had to be accountability at Blackwater.”

…

by Eli Lake Mar 14, 2013 4:45 AM EDT

Find this story at 14 March 2013

© 2013 The Newsweek/Daily Beast Company LLC

Inside the Terror Factory; Award-winning journalist Trevor Aaronson digs deep into the FBI’s massive efforts to create fake terrorist plots.

Editor’s note: This story is adapted from The Terror Factory [1], Trevor Aaronson’s new book documenting how the Federal Bureau of Investigation has built a vast network of informants to infiltrate Muslim communities and, in some cases, cultivate phony terrorist plots. The book grew from Aaronson’s award-winning [2] Mother Jones cover story “The Informants [3]” and his research in the Investigative Reporting Program at the University of California-Berkeley.

Quazi Mohammad Nafis was a 21-year-old student living in Queens, New York, when the US government helped turn him into a terrorist.

His transformation began on July 5, when Nafis, a Bangladeshi citizen who’d come to the United States on a student visa that January, shared aspirations with a man he believed he could trust. Nafis told this man in a phone call that he wanted to wage jihad in the United States, that he enjoyed reading Al Qaeda propaganda, and that he admired “Sheikh O,” or Osama bin Laden. Who this confidant was and how Nafis came to meet him remain unclear; what we know from public documents is that the man told Nafis he could introduce him to an Al Qaeda operative.

Our Yearlong Investigation Into the Program to Spy on America’s Muslim Communities [3]
How the Bureau Enlists Foreign Regimes to Detain and Interrogate US Citizens [4]
When Did Lefty Darling Brandon Darby Turn Government Informant? [5]
Charts from Our Terror Trial Database [6]
Watch an FBI Surveillance Video [7]
Documents: FBI Spies and Suspects, in Their Own Words [8]
It was a hot, sunny day in Central Park on July 24 when Nafis met with Kareem, who said he was with Al Qaeda. Nafis, who had a slight build, mop of black hair, and a feebly grown beard, told Kareem that he was “ready for action.”

“What I really mean is that I don’t want something that’s, like, small,” Nafis said. “I just want something big. Something very big. Very, very, very, very big, that will shake the whole country.”

Nafis said he wanted to bomb the New York Stock Exchange, and with help from his new Al Qaeda contact, he surveilled the iconic building at 11 Wall Street. “We are going to need a lot of TNT or dynamite,” Nafis told Kareem. But Nafis didn’t have any explosives, and, as court records indicate, he didn’t know anyone who could sell him explosives, let alone have the money to purchase such materials. His father, a banker in Bangladesh, had spent his entire life savings to send Nafis to the United States after his son, who was described to journalists as dim by people who knew him in his native country, had flunked out of North South University in Bangladesh.

Kareem suggested they rent a storage facility to stash the material they’d need for a car bomb. He said he’d put up the money for it, and get the materials. Nafis dutifully agreed, and suggested a new target: the Federal Reserve Bank of New York. Nafis later met Kareem at a storage facility, where Nafis poured the materials Kareem had brought into trash bins, believing he was creating a 1,000-pound car bomb that could level a city block.

In truth, the stuff was inert. And Kareem was an undercover FBI agent, tipped off by the man who Nafis had believed was a confidant—an FBI informant. The FBI had secretly provided everything Nafis needed for his attack: not only the storage facility and supposed explosives, but also the detonator and the van that Nafis believed would deliver the bomb.

On the morning of October 17, Nafis and Kareem drove the van to Lower Manhattan and parked it in front of the Federal Reserve Bank on Liberty Street. Then they walked to a nearby hotel room, where Nafis dialed on his cellphone the number he believed would trigger the bomb, but nothing happened. He dialed again, and again. The only result was Nafis’ apprehension by federal agents.

“The defendant thought he was striking a blow to the American economy,” US Attorney Loretta E. Lynch said in a statement after the arrest. “At every turn, he was wrong, and his extensive efforts to strike at the heart of the nation’s financial system were foiled by effective law enforcement. We will use all of the tools at our disposal to stop any such attack before it can occur.”
How many of these would-be terrorists would have acted were it not for an FBI agent provocateur helping them? Is it possible that the FBI is creating the very enemy we fear?

Federal officials say they are protecting Americans with these operations—but from whom? Real terrorists, or dupes like Nafis, who appear unlikely to have the capacity for terrorism were it not for FBI agents providing the opportunity and means?

Nafis is one of more than 150 men since 9/11 who have been caught in FBI terrorism stings, some of whom have received 25 years or more in prison. In these cases, the FBI uses one of its more than 15,000 registered informants—many of them criminals, others trying to stay in the country following immigration violations—to identify potential terrorists. It then provides the means necessary for these would-be terrorists to move forward with a plot—in some cases even planting specific ideas for attacks. The FBI now spends $3 billion on counterterrorism annually, the largest portion of its budget. Our nation’s top law enforcement agency, traditionally focused on investigating crimes after they occur, now operates more as an intelligence organization that tries to preempt crimes before they occur. But how many of these would-be terrorists would have acted were it not for an FBI agent provocateur helping them? Is it possible that the FBI is creating the very enemy we fear?

Those are the questions I set out to explore beginning in 2010. With the help of a research assistant, I built a database of more than 500 terrorism prosecutions since 9/11 [9], looking closely and critically at every terrorism case brought into federal courts during the past decade. We pored through thousands of pages of court records, and found that nearly half of all terrorism cases since 9/11 involved informants, many of them paid as much as $100,000 per assignment by the FBI. At the time of the story’s publication in Mother Jones in August 2011, 49 defendants had participated in plots led by an FBI agent provocateur, and that number has continued to rise since.

Historically, media coverage of these operations—begun under George W. Bush and continuing apace under Barack Obama—was mostly uncritical. With their aggressive tactics essentially unknown to the public, the FBI and Justice Department controlled the narrative: another dangerous terrorist apprehended by vigilant federal agents!

But in late 2011, the conversation began to shift. A couple of months after my story in Mother Jones and following the announcement of a far-fetched sting in which a Massachusetts man believed he’d been poised to destroy the US Capitol building using grenade-laden, remote-controlled airplanes, TPM Muckraker published a story headlined: “The Five Most Bizarre Terror Plots Hatched Under the FBI’s Watch [10].” Author David K. Shipler, in an April 2012 New York Times editorial [11], questioned the legitimacy of terrorism stings involving people who appeared to have no wherewithal to commit acts of terror: “Some threats are real, others less so. In terrorism, it’s not easy to tell the difference.” Stories in other major news outlets followed suit, and by October 2012, a post in Foreign Policy was asking: “How many idiot jihadis can the FBI fool? [12]”

Which brings us back to Nafis. “The case appears to be the latest to fit a model in which, in the process of flushing out people they believe present a risk of terrorism, federal law enforcement officials have played the role of enabler,” reported the New York Times, after the Justice Department announced Nafis’ arrest. “Though these operations have almost always held up in court, they have come under increasing criticism from those who believe that many of the subjects, even some who openly espoused violence, would have been unable to execute such plots without substantial assistance from the government.”

In the years since the attacks of September 11, 2001, the federal law enforcement profile of a terrorist has changed dramatically. The men responsible for downing the World Trade Center were disciplined and patient; they were also living and training in the United States with money from an Al Qaeda cell led by Kuwaiti-born Khalid Sheikh Mohammad. In the days and weeks following 9/11, federal officials anxiously awaited a second wave of attacks, which would be launched, they believed at the time, by several sleeper cells around the country.
Anwar al-Awlaki, a US-born, high-ranking Al Qaeda official became something of the terrorist group’s Dear Abby. Have a question about Islam? Ask Anwar!

But the feared second wave never crashed ashore. Instead, the United States and allied nations invaded Afghanistan, Al Qaeda’s home base, and forced Osama bin Laden and his deputies into hiding. Bruised and hunted, Al Qaeda no longer had the capability to train terrorists and send them to the United States.

In response, Al Qaeda’s leaders moved to what FBI officials describe as a “franchise model.” If you can’t run Al Qaeda as a hierarchal, centrally organized outfit, the theory went, run it as a franchise. In other words, export ideas—not terrorists. Al Qaeda and its affiliated organizations went online, setting up websites and forums dedicated to instilling their beliefs in disenfranchised Muslims already living in Western nations. A slickly designed magazine, appropriately titled Inspire, quickly followed. Article headlines included “I Am Proud to Be a Traitor to America,” and “Why Did I Choose Al-Qaeda?”

Anwar al-Awlaki, the American-born, high-ranking Al Qaeda official who was killed in a US drone strike in Yemen on September 30, 2011, became something of the terrorist group’s Dear Abby. Have a question about Islam? Ask Anwar! Muslim men in nations throughout the Western world would email him questions, and Awlaki would reply dutifully, and in English, encouraging many of his electronic pen pals to violent action. Awlaki also kept a blog and a Facebook page, and regularly posted recruitment videos to YouTube. He said in one video:

I specifically invite the youth to either fight in the West or join their brothers in the fronts of jihad: Afghanistan, Iraq, and Somalia. I invite them to join us in our new front, Yemen, the base from which the great jihad of the Arabian Peninsula will begin, the base from which the greatest army of Islam will march forth.

Al Qaeda’s move to a franchise model met with some success. US Army Major Nadal Hassan, for example, corresponded with Awlaki before he killed 13 people and wounded 29 others in the Fort Hood shootings in 2009. Antonio Martinez, a Baltimore man and recent convert to Islam who was sentenced to 25 years in prison for trying to bomb a military recruiting office, sent Awlaki messages and watched Al Qaeda propaganda videos online before getting wrapped up in an FBI sting operation.

The FBI has a term for Nafis, Martinez, and other alleged terrorists like them: lone wolf. Officials at the Bureau now believe that the next terrorist attack will likely come from a lone wolf, and this belief is at the core of a federal law enforcement policy known variously as preemption, prevention, and disruption. FBI counterterrorism agents want to catch terrorists before they act, and to accomplish this, federal law enforcement officials have in the decade since 9/11 created the largest domestic spying network ever to exist in the United States.

In fact, the FBI today has 10 times as many informants as it did in the 1960s, when former FBI Director J. Edgar Hoover made the Bureau infamous for inserting spies into organizations as varied as Reverend Dr. Martin Luther King’s and the Ku Klux Klan. Modern FBI informants aren’t burrowing into political groups, however; they are focused on identifying today the terrorist of tomorrow. US government officials acknowledge that while terrorist threats do exist from domestic organizations, such as white supremacist groups and the sovereign citizen movement, they believe the greatest threat comes from within American Muslim communities.

The FBI’s vast army of spies, located today in every community in the United States with enough Muslims to support a mosque, has one primary function: identify the next lone wolf, likely to be a single male age 16 to 35, according to the Bureau. Informants and their FBI handlers are on the lookout for young Muslims who espouse radical beliefs, are vocal about their disapproval of American foreign policy, or have expressed sympathy for international terrorist groups. If they find anyone who meets the criteria, they move him to the next stage: the sting operation.
The terrorism sting operations are an evolution of an FBI tactic that has long captured the imaginations of Hollywood filmmakers: undercover drug busts.

On a cold February morning in 2011, I met with Peter Ahearn, a retired FBI special agent who directed the Western New York Joint Terrorism Task Force, in a coffee shop outside Washington, DC, to talk about how the FBI runs its sting operations. Ahearn was in the bureau’s vanguard as it transformed into a counterterrorism organization in the wake of 9/11. An average-built man with a small dimple on his chin and close-cropped brown hair receding in the front, Ahearn oversaw one of the earliest post-9/11 terrorism investigations, involving the so-called Lackawanna Six—a group of six Yemeni American men living outside Buffalo, New York, who attended a training camp in Afghanistan and were convicted of providing material support to Al Qaeda. “If you’re doing a sting right, you’re offering the target multiple chances to back out,” Ahearn told me. “Real people don’t say, ‘Yeah, let’s go bomb that place.’ Real people call the cops.”

Indeed, while terrorism sting operations are a new practice for the bureau, they are an evolution of an FBI tactic that has for decades captured the imaginations of Hollywood filmmakers. In 1982, as the illegal drug trade overwhelmed local police resources nationwide and funded an increase in violent crime, President Ronald Reagan’s first attorney general, William French Smith, gave the FBI jurisdiction over federal drug crimes, which previously had been the exclusive domain of the US Drug Enforcement Administration. Eager to show up their DEA rivals, FBI agents began aggressively sending undercover agents into America’s cities. This was relatively new territory for the FBI, which during Hoover’s 37-year stewardship had mandated that agents wear a suit and tie at all times, federal law enforcement badge easily accessible from the coat pocket. But an increasingly powerful Mafia and the bloody drug war forced the FBI to begin enforcing federal laws from the street level. In searching for drug crimes, FBI agents hunted sellers as well as buyers, and soon learned one of the best strategies was to become part of the action.

At its most cliché, the Hollywood version of this scene is set in a Miami high-rise apartment, its floor-to-ceiling windows overlooking the cresting waves of the Atlantic Ocean. There’s a man seated at the dining table; he’s longhaired, with a scruffy face, and he has a briefcase next to him. Hidden on the other side of the room is a grainy black-and-white camera recording the entire scene. The apartment’s door swings open and two men saunter in, the camera recording their every move and word. The two men hand over bundles of cash, and the scruffy man then hands over the briefcase. But instead of finding pounds of cocaine inside it, the two guests are shocked to find the briefcase is empty—and then FBI agents rush in, guns drawn for the takedown.

Federal law enforcement officials call this type of sting operation a “no-dope bust,” and its the direct predecessor to today’s terrorism sting. Instead of empty briefcases, the FBI today uses inert bombs and disabled assault rifles (and now that counterterrorism is the bureau’s top priority, the investigation of major drug crimes has largely fallen back to the DEA). While the assumptions behind both types of stings are similar, there is a fundamental flaw as applied to terrorism stings. In drug stings, federal law enforcement officials assume that any buyer caught in a sting would have been able to buy or sell drugs elsewhere had they not fallen into the FBI trap. The numbers support this assumption. In 2010, the most recent year for which data is available, the DEA seized 29,179 kilograms, or 64,328 pounds, of cocaine in the United States.

In terrorism stings, however, federal law enforcement officials assume that any would-be terrorists caught would have been able to acquire the means elsewhere to carry out their violent plans had they not been ensnared by the FBI. The problem with this assumption is that no data exists to support it—and in fact what data is available often suggests the opposite.

Few of the more than 150 defendants indicted and convicted this way since 9/11 had any connection to terrorists, evidence showed, and those that did have connections, however tangential, lacked the capacity to launch attacks on their own. Of the more that 150 defendants, an FBI informant not only led one of every three terrorist plots, but also provided all the necessary weapons, money, and transportation.
The informant goaded them on the whole time, encouraging the pair with lines like: “We will teach these bastards a good lesson.” For his work on the case, he received $100,000 from the FBI.

The FBI’s logic to support the use of terrorism stings goes something like this: By catching a lone wolf before he strikes, federal law enforcement can take him off the streets before he meets a real terrorist who can provide him with weapons and munitions. However, to this day, no example exists of a lone wolf, by himself unable to launch an attack, becoming operational through meeting an actual terrorist in the United States. In the terrorism sting operations since 9/11, the would-be terrorists are usually uneducated, unsophisticated, and economically desperate—not the attributes for someone likely to plan and launch a sophisticated, violent attack without significant help.

This isn’t to say there have not been deadly and potentially deadly terrorist attacks and threats in the United States since 9/11. Hesham Mohamed Hadayet, an Egyptian, opened fire on the El-Al ticket counter at Los Angeles International Airport on July 4, 2002, killing two and wounding four. Afghan American Najibullah Zazi, who trained with Al Qaeda in Pakistan in 2008, came close to attacking the New York City subway system in September 2009, with a plan to place backpack bombs on crowded trains coming to and from Grand Central and Times Square stations. Faisal Shahzad, who trained with terrorists in the tribal regions of Pakistan, attempted but failed to detonate a crude car bomb in Times Square on May 1, 2010. While all three were dangerous lone wolves, none fit the profile of would-be terrorists targeted today in FBI terrorism sting operations. Unlike those caught in FBI stings, these three terrorists had international connections and the ability to carry out attacks on their own, however unsuccessful those attacks might have been for Zazi and Shahzad.

By contrast, consider another New York City terrorism conspiracy—the so-called Herald Square bomb plot. Shahawar Matin Siraj, a 22-year-old Pakistani American, struck up a friendship with a seemingly elderly and knowledgeable Islamic scholar named Dawadi at his uncle’s Islamic Books and Tapes shop in Brooklyn. Dawadi was an FBI informant, Osama Eldawoody, who was put on the government payroll in September 2003 to stoke Siraj’s extremist inclinations. Siraj asked if Eldawoody could help him build a nuclear weapon and volunteered that he and a friend, James Elshafay, wanted to detonate a car bomb on one of New York’s bridges. “He’s a terrorist. He wants to harm the country and the people of the country. That’s what I thought immediately,” Eldawoody said in court testimony.

Siraj introduced Dawadi to Elshafay, who had drawn schematics of police stations and bridges on napkins with the hopes of plotting a terrorist attack. Elshafay’s crude drawings prompted Siraj to hatch a new plan that involved the three men, Dawadi’s supposed international connections, and an attack on New York’s Herald Square subway station. The two young men discussed how they’d grown to hate the United States for invading Iraq and torturing prisoners. In Eldawoody’s car, the three of them talked about carrying 20- to 30-pound backpack bombs into the Herald Square subway station and leaving them on the train platform. Their conversations were recorded from a secret camera in the car’s dashboard. From April to August 2004, the men considered targets, surveilled the subway, checked security, and drew diagrams of the station. The informant goaded them on the whole time, encouraging the pair with lines like: “We will teach these bastards a good lesson.” For his work on the case, Eldawoody received $100,000 from the FBI.

The evidence from the sting was enough to win convictions, and Siraj was sentenced to 30 years in prison and Elshafay 5 years. But it was also clear from the trial that Siraj was a dimwitted social recluse—a mother’s boy with little capacity to steal a car on his own, let alone bomb a subway station as part of a spectacular terrorist attack. In fact, Siraj was recorded during the sting operation as saying: “Everyone thinks I’m stupid.”
During Obama’s first term in office, the Justice Department prosecuted more than 75 targets of terrorism stings.

The question underlying the Herald Square case can be asked in dozens of other similar sting operations: Could the defendants have become terrorists had they never met the FBI informant? The answer haunts Martin Stolar, the lawyer who represented Siraj at trial and fully expected to win an acquittal through an entrapment defense. “The problem with the cases we’re talking about is that defendants would not have done anything if not kicked in the ass by government agents,” Stolar said. “They’re creating crimes to solve crimes so they can claim a victory in the war on terror.”

…

Source URL: http://www.motherjones.com/politics/2013/01/terror-factory-fbi-trevor-aaronson-book

Links:
[1] http://www.amazon.com/The-Terror-Factory-Manufactured-Terrorism/dp/1935439618/ref=sr_1_1?ie=UTF8&qid=1354811860&sr=8-1&keywords=The+Terror+Factory
[2] http://www.motherjones.com/mojo/2012/05/fbi-informants-data-journalism-award
[3] http://www.motherjones.com/politics/2011/08/fbi-terrorist-informants
[4] http://www.motherjones.com/politics/2011/08/proxy-detention-gulet-mohamed
[5] http://www.motherjones.com/politics/2011/08/brandon-darby-anarchist-fbi-terrorism
[6] http://www.motherjones.com/politics/2011/08/terror-trials-numbers
[7] http://www.motherjones.com/politics/2011/08/fbi-surveillance-video-sting
[8] http://www.motherjones.com/politics/2011/08/fbi-sting-greatest-hits
[9] http://www.motherjones.com/fbi-terrorist
[10] http://tpmmuckraker.talkingpointsmemo.com/2011/10/the_five_most_bizarre_terror_plots_hatched_under_the_fbis_watch.php
[11] http://www.nytimes.com/2012/04/29/opinion/sunday/terrorist-plots-helped-along-by-the-fbi.html?_r=2&pagewanted=all
[12] http://blog.foreignpolicy.com/posts/2012/10/17/how_many_idiot_jihadists_can_the_fbi_fool
[13] http://theterrorfactory.com/documents/HolderSpeechDec2010.pdf

By Trevor Aaronson | Fri Jan. 11, 2013 3:01 AM PST

Find this story at 11 January 2013

Copyright ©2013 Mother Jones and the Foundation for National Progress

The Informants; Another alleged terrorist was just busted by the FBI. But is the bureau preventing plots—or leading them?

James Cromitie [1] was a man of bluster and bigotry. He made up wild stories about his supposed exploits, like the one about firing gas bombs into police precincts using a flare gun, and he ranted about Jews. “The worst brother in the whole Islamic world is better than 10 billion Yahudi,” he once said [2].

A 45-year-old Walmart stocker who’d adopted the name Abdul Rahman after converting to Islam during a prison stint for selling cocaine, Cromitie had lots of worries—convincing his wife he wasn’t sleeping around, keeping up with the rent, finding a decent job despite his felony record. But he dreamed of making his mark. He confided as much in a middle-aged Pakistani he knew as Maqsood.

“I’m gonna run into something real big [3],” he’d say. “I just feel it, I’m telling you. I feel it.”

Our Yearlong Investigation Into the Program to Spy on America’s Muslim Communities [4]
How the Bureau Enlists Foreign Regimes to Detain and Interrogate US Citizens [5]
When Did Lefty Darling Brandon Darby Turn Government Informant? [6]
Charts from Our Terror Trial Database [7]
Watch an FBI Surveillance Video [8]
Documents: FBI Spies and Suspects, in Their Own Words [9]

Maqsood and Cromitie had met at a mosque in Newburgh, a struggling former Air Force town about an hour north of New York City. They struck up a friendship, talking for hours about the world’s problems and how the Jews were to blame.

It was all talk until November 2008, when Maqsood pressed his new friend.

“Do you think you are a better recruiter or a better action man?” Maqsood asked [10].

“I’m both,” Cromitie bragged.

“My people would be very happy to know that, brother. Honestly.”

“Who’s your people?” Cromitie asked.

“Jaish-e-Mohammad.”
Crunch the Numbers
We analyzed the prosecutions of 508 alleged domestic terrorists. View them by affiliation or state, or play with the full data set.

Maqsood said he was an agent for the Pakistani terror group, tasked with assembling a team to wage jihad in the United States. He asked Cromitie what he would attack if he had the means. A bridge, Cromitie said.

“But bridges are too hard to be hit,” Maqsood pleaded, “because they’re made of steel.”

“Of course they’re made of steel,” Cromitie replied. “But the same way they can be put up, they can be brought down.”

Maqsood coaxed Cromitie toward a more realistic plan. The Mumbai attacks were all over the news, and he pointed out how those gunmen targeted hotels, cafés, and a Jewish community center.

“With your intelligence, I know you can manipulate someone,” Cromitie told his friend. “But not me, because I’m intelligent.” The pair settled on a plot to bomb synagogues in the Bronx, and then fire Stinger missiles at airplanes taking off from Stewart International Airport in the southern Hudson Valley. Maqsood would provide all the explosives and weapons, even the vehicles. “We have two missiles, okay?” he offered [11]. “Two Stingers, rocket missiles.”

Maqsood was an undercover operative; that much was true. But not for Jaish-e-Mohammad. His real name was Shahed Hussain [12], and he was a paid informant for the Federal Bureau of Investigation.

Ever since 9/11, counterterrorism has been the FBI’s No. 1 priority, consuming the lion’s share of its budget—$3.3 billion, compared to $2.6 billion for organized crime—and much of the attention of field agents and a massive, nationwide network of informants. After years of emphasizing informant recruiting as a key task for its agents, the bureau now maintains a roster of 15,000 spies—many of them tasked, as Hussain was, with infiltrating Muslim communities in the United States. In addition, for every informant officially listed in the bureau’s records, there are as many as three unofficial ones, according to one former high-level FBI official, known in bureau parlance as “hip pockets.”
The bureau now maintains a roster of 15,000 spies, some paid as much as $100,000 per case, many of them tasked with infiltrating Muslim communities in the United States.

The informants could be doctors, clerks, imams. Some might not even consider themselves informants. But the FBI regularly taps all of them as part of a domestic intelligence apparatus whose only historical peer might be COINTELPRO [13], the program the bureau ran from the ’50s to the ’70s to discredit and marginalize organizations ranging from the Ku Klux Klan to civil-rights and protest groups.

Throughout the FBI’s history, informant numbers have been closely guarded secrets. Periodically, however, the bureau has released those figures. A Senate oversight committee in 1975 found the FBI had 1,500 informant [14]s [14]. In 1980, officials disclosed there were 2,800 [15]. Six years later, following the FBI’s push into drugs and organized crime, the number of bureau informants ballooned to 6,000, the Los Angeles Times reported [15] in 1986. And according to the FBI, the number grew significantly after 9/11. In its fiscal year 2008 budget authorization request [16], the FBI disclosed that it it had been been working under a November 2004 presidential directive demanding an increase [17] in “human source development and management,” and that it needed $12.7 million [18] for a program to keep tabs on its spy network and create software to track and manage informants.

The bureau’s strategy has changed significantly from the days when officials feared another coordinated, internationally financed attack from an Al Qaeda sleeper cell. Today, counterterrorism experts believe groups like Al Qaeda, battered by the war in Afghanistan and the efforts of the global intelligence community, have shifted to a franchise model, using the internet to encourage sympathizers to carry out attacks in their name. The main domestic threat, as the FBI sees it, is a lone wolf.

The bureau’s answer has been a strategy known variously as “preemption,” “prevention,” and “disruption”—identifying and neutralizing potential lone wolves before they move toward action. To that end, FBI agents and informants target not just active jihadists, but tens of thousands of law-abiding people, seeking to identify those disgruntled few who might participate in a plot given the means and the opportunity. And then, in case after case, the government provides the plot, the means, and the opportunity.

Here’s how it works: Informants report to their handlers on people who have, say, made statements sympathizing with terrorists. Those names are then cross-referenced with existing intelligence data, such as immigration and criminal records. FBI agents may then assign an undercover operative to approach the target by posing as a radical. Sometimes the operative will propose a plot, provide explosives, even lead the target in a fake oath to Al Qaeda. Once enough incriminating information has been gathered, there’s an arrest—and a press conference [19] announcing another foiled plot.

If this sounds vaguely familiar, it’s because such sting operations are a fixture in the headlines. Remember the Washington Metro [20] bombing plot? The New York subway [21] plot? The guys who planned to blow up the Sears Tower [22]? The teenager seeking to bomb a Portland Christmas tree [23] lighting? Each of those plots, and dozens more across the nation, was led by an FBI asset.

Over the past year, Mother Jones and the Investigative Reporting Program at the University of California-Berkeley have examined prosecutions of 508 defendants in terrorism-related cases, as defined by the Department of Justice. Our investigation found:
Nearly half the prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violations. (For more on the details of those 508 cases, see our charts page [24] and searchable database [25].)
Sting operations resulted in prosecutions against 158 defendants. Of that total, 49 defendants participated in plots led by an agent provocateur—an FBI operative instigating terrorist action.
With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings. (The exceptions are Najibullah Zazi, who came close to bombing [26] the New York City subway system in September 2009; Hesham Mohamed Hadayet [27], an Egyptian who opened fire on the El-Al ticket counter at the Los Angeles airport; and failed Times Square bomber Faisal Shahzad [28].)
In many sting cases, key encounters between the informant and the target were not recorded—making it hard for defendants claiming entrapment to prove their case.
Terrorism-related charges are so difficult to beat in court, even when the evidence is thin, that defendants often don’t risk a trial.

“The problem with the cases we’re talking about is that defendants would not have done anything if not kicked in the ass by government agents,” says Martin Stolar, a lawyer who represented a man caught in a 2004 sting involving New York’s Herald Square [21] subway station. “They’re creating crimes to solve crimes so they can claim a victory in the war on terror.” In the FBI’s defense, supporters argue that the bureau will only pursue a case when the target clearly is willing to participate in violent action. “If you’re doing a sting right, you’re offering the target multiple chances to back out,” says Peter Ahearn, a retired FBI special agent who directed the Western New York Joint Terrorism Task Force and oversaw the investigation of the Lackawanna Six [29], an alleged terror cell near Buffalo, New York. “Real people don’t say, ‘Yeah, let’s go bomb that place.’ Real people call the cops.”
Terms
of
Entrapment
A guide to counterterrorism jargon.

1001: Known as the “Al Capone,” Title 18, Section 1001 [30] of the federal criminal code covers the crime of lying to federal agents. Just as the government prosecuted Capone for tax violations [31], it has frequently used 1001 against terrorism defendants [32] whose crimes or affiliations it couldn’t prove in court.
Agent provocateur: An informant or undercover operative who incites a target to take unlawful action [33]; the phrase originally described strikebreakers trying to provoke violence [34].

Assessment: The term for a 72-hour investigation [35]—which may include surveillance—that FBI agents can launch without having a predicate [36] (see below).

COINTELPRO [13]: From 1956 to 1971, the FBI’s Counter Intelligence Program attempted to infiltrate and sometimes harass domestic political groups [37], from the Ku Klux Klan to the National Lawyers Guild and the Southern Christian Leadership Conference [38].

DIOG: The Domestic Investigations and Operations Guide [36], a 258-page FBI manual for undercover operations and the use of informants. Recently revised to allow agents to look for information—including going through someone’s trash—about a person who is not formally being investigated [39], sometimes to flip them as an informant.

Domain Management: An FBI data-mining and analysis program [36] used to map US communities along ethnic and religious lines.

Hip pocket: An unregistered informant who provides information [40] and tips to FBI agents but whose information is not used in court.

Joint Terrorism Task Force: A partnership among federal and local law enforcement agencies [41]; through it, for example, FBI agents can join forces with immigration agents [42] to put the squeeze on someone to become an informant.

Material support: Providing help to a designated foreign terrorist organization. This can include money, lodging, training, documents, weapons, and personnel [43]—including oneself, and including joining a terrorist cell dreamed up by the FBI [44].

Operator: Someone who wants to be a terrorist; in the FBI’s view, sympathizers become operators [45].

Predicate: Information clearly suggesting that an individual is involved in unlawful activity; it’s required for the FBI to start an investigation [36].

Even so, Ahearn concedes that the uptick in successful terrorism stings might not be evidence of a growing threat so much as a greater focus by the FBI. “If you concentrate more people on a problem,” Ahearn says, “you’ll find more problems.” Today, the FBI follows up on literally every single call, email, or other terrorism-related tip it receives for fear of missing a clue.

And the emphasis is unlikely to shift anytime soon. Sting operations have “proven to be an essential law enforcement tool in uncovering and preventing potential terror attacks,” said Attorney General Eric Holder in a December 2010 speech [46] to Muslim lawyers and civil rights activists. President Obama’s Department of Justice has announced sting-related prosecutions at an even faster clip than the Bush administration, with 44 new cases since January 2009. With the war on terror an open-ended and nebulous conflict, the FBI doesn’t have an exit strategy.

Located deep in a wooded area on a Marine Corps base west of Interstate 95—a setting familiar from Silence of the Lambs—is the sandstone fortress of the FBI Academy in Quantico, Virginia. This building, erected under J. Edgar Hoover, is where to this day every FBI special agent is trained.

J. Stephen Tidwell graduated from the academy in 1981 and over the years rose to executive assistant director, one of the 10 highest positions in the FBI; in 2008, he coauthored the Domestic Investigations and Operations Guide, or DIOG [47] (PDF), the manual for what agents and informants can and cannot do.

A former Texas cop, Tidwell is a barrel-chested man with close-cropped salt-and-pepper hair. He’s led some of the FBI’s highest-profile investigations, including the DC sniper case and the probe of the 9/11 attack on the Pentagon.

On a cloudy spring afternoon, Tidwell, dressed in khakis and a blue sweater, drove me in his black Ford F-350 through Hogan’s Alley [48]—a 10-acre Potemkin village with houses, bars, stores, and a hotel. Agents learning the craft role-play stings, busts, and bank robberies here, and inside jokes and pop-culture references litter the place (which itself gets its name from a 19th-century comic strip). At one end of the town is the Biograph Theater, named for the Chicago movie house where FBI agents gunned down John Dillinger [49] in 1934. (“See,” Tidwell says. “The FBI has a sense of humor.”)

Inside the academy, a more somber tone prevails. Plaques everywhere honor agents who have been killed on the job. Tidwell takes me to one that commemorates John O’Neill, who became chief of the bureau’s then-tiny counterterrorism section in 1995. For years before retiring from the FBI, O’Neill warned [50] of Al Qaeda’s increasing threat, to no avail. In late August 2001, he left the bureau to take a job as head of security for the World Trade Center, where he died 19 days later at the hands of the enemy he’d told the FBI it should fear. The agents he had trained would end up reshaping the bureau’s counterterrorism operations.

Before 9/11, FBI agents considered chasing terrorists an undesirable career path, and their training did not distinguish between Islamic terror tactics and those employed by groups like the Irish Republican Army. “A bombing case is a bombing case,” Dale Watson, who was the FBI’s counterterrorism chief on 9/11, said in a December 2004 deposition. The FBI also did not train agents in Arabic or require most of them to learn about radical Islam. “I don’t necessarily think you have to know everything about the Ku Klux Klan to investigate a church bombing,” Watson said. The FBI had only one Arabic speaker [51] in New York City and fewer than 10 nationwide.

But shortly after 9/11, President George W. Bush called FBI Director Robert Mueller to Camp David. His message: never again. And so Mueller committed to turn the FBI into a counterintelligence organization rivaling Britain’s MI5 in its capacity for surveillance and clandestine activity. Federal law enforcement went from a focus on fighting crime to preventing crime; instead of accountants and lawyers cracking crime syndicates, the bureau would focus on Jack Bauer-style operators disrupting terror groups.

To help run the counterterrorism section, Mueller drafted Arthur Cummings, a former Navy SEAL who’d investigated the first World Trade Center bombing. Cummings pressed agents to focus not only on their immediate target, but also on the extended web of people linked to the target. “We’re looking for the sympathizer who wants to become an operator, and we want to catch them when they step over that line to operator,” Cummings says. “Sometimes, that step takes 10 years. Other times, it takes 10 minutes.” The FBI’s goal is to create a hostile environment for terrorist recruiters and operators—by raising the risk of even the smallest step toward violent action. It’s a form of deterrence, an adaptation of the “broken windows” theory used to fight urban crime. Advocates insist it has been effective, noting that there hasn’t been a successful large-scale attack against the United States since 9/11. But what can’t be answered—as many former and current FBI agents acknowledge—is how many of the bureau’s targets would have taken the step over the line at all, were it not for an informant.

So how did the FBI build its informant network? It began by asking where US Muslims lived. Four years after 9/11, the bureau brought in a CIA expert on intelligence-gathering methods named Phil Mudd [52]. His tool of choice was a data-mining system using commercially available information, as well as government data such as immigration records, to pinpoint the demographics of specific ethnic and religious communities—say, Iranians in Beverly Hills or Pakistanis in the DC suburbs.

The FBI officially denies that the program, known as Domain Management, works this way—its purpose, the bureau says, is simply to help allocate resources according to threats. But FBI agents told me that with counterterrorism as the bureau’s top priority, agents often look for those threats in Muslim communities—and Domain Management allows them to quickly understand those communities’ makeup. One high-ranking former FBI official jokingly referred to it as “Battlefield Management.”

Some FBI veterans criticized the program as unproductive and intrusive—one told Mudd during a high-level meeting that he’d pushed the bureau to “the dark side.” That tension has its roots in the stark difference between the FBI and the CIA: While the latter is free to operate internationally without regard to constitutional rights, the FBI must respect those rights in domestic investigations, and Mudd’s critics saw the idea of targeting Americans based on their ethnicity and religion as a step too far.

Nonetheless, Domain Management quickly became the foundation for the FBI’s counterterrorism dragnet. Using the demographic data, field agents were directed to target specific communities to recruit informants. Some agents were assigned to the task full time. And across the bureau, agents’ annual performance evaluations are now based in part on their recruiting efforts.

People cooperate with law enforcement for fairly simple reasons: ego, patriotism, money, or coercion. The FBI’s recruitment has relied heavily on the latter. One tried-and-true method is to flip someone facing criminal charges. But since 9/11 the FBI has also relied heavily on Immigration and Customs Enforcement [42], with which it has worked closely as part of increased interagency coordination. A typical scenario will play out like this: An FBI agent trying to get someone to cooperate will look for evidence that the person has immigration troubles. If they do, he can ask ICE to begin or expedite deportation proceedings. If the immigrant then chooses to cooperate, the FBI will tell the court that he is a valuable asset, averting deportation.
A well-muscled 49-year-old with a shaved scalp, Craig Monteilh has been a versatile snitch: He’s pretended to be a white supremacist, a Russian hit man, a Sicilian drug trafficker, and a French-Syrian Muslim.

Sometimes, the target of this kind of push is the one person in a mosque who will know everyone’s business—the imam. Two Islamic religious leaders, Foad Farahi [53] in Miami and Sheikh Tarek Saleh in New York City, are currently fighting deportation proceedings that, they claim, began after they refused to become FBI assets. The Muslim American Society Immigrant Justice Center has filed similar complaints on behalf of seven other Muslims with the Department of Homeland Security.

Once someone has signed on as an informant, the first assignment is often a fishing expedition. Informants have said in court testimony that FBI handlers have tasked them with infiltrating mosques without a specific target or “predicate”—the term of art for the reason why someone is investigated. They were, they say, directed to surveil law-abiding Americans with no indication of criminal intent.

“The FBI is now telling agents they can go into houses of worship without probable cause,” says Farhana Khera, executive director of the San Francisco-based civil rights group Muslim Advocates. “That raises serious constitutional issues.”

Tidwell himself will soon have to defend these practices in court—he’s among those named in a class-action lawsuit [54] (PDF) over an informant’s allegation that the FBI used him to spy on a number of mosques in Southern California.

That informant, Craig Monteilh, is a convicted felon who made his money ripping off cocaine dealers before becoming an asset for the Drug Enforcement Administration and later the FBI. A well-muscled 49-year-old with a shaved scalp, Monteilh has been a particularly versatile snitch: He’s pretended to be a white supremacist, a Russian hit man, and a Sicilian drug trafficker. He says when the FBI sent him into mosques (posing as a French-Syrian Muslim), he was told to act as a decoy for any radicals who might seek to convert him—and to look for information to help flip congregants as informants, such as immigration status, extramarital relationships, criminal activities, and drug use. “Blackmail is the ultimate goal,” Monteilh says.

Officially, the FBI denies it blackmails informants. “We are prohibited from using threats or coercion,” says Kathleen Wright, an FBI spokeswoman. (She acknowledges that the bureau has prevented helpful informants from being deported.)

FBI veterans say reality is different from the official line. “We could go to a source and say, ‘We know you’re having an affair. If you work with us, we won’t tell your wife,'” says a former top FBI counterterrorism official. “Would we actually call the wife if the source doesn’t cooperate? Not always. You do get into ethics here—is this the right thing to do?—but legally this isn’t a question. If you obtained the information legally, then you can use it however you want.”

But eventually, Monteilh’s operation imploded in spectacular fashion. In December 2007, police in Irvine, California, charged him with bilking two women out of $157,000 as part of an alleged human growth hormone scam. Monteilh has maintained it was actually part of an FBI investigation, and that agents instructed him to plead guilty to a grand-theft charge and serve eight months so as not to blow his cover. The FBI would “clean up” the charge later, Monteilh says he was told. That didn’t happen, and Monteilh has alleged in court filings that the government put him in danger by letting fellow inmates know that he was an informant. (FBI agents told me the bureau wouldn’t advise an informant to plead guilty to a state criminal charge; instead, agents would work with local prosecutors to delay or dismiss the charge.)

The class-action suit, filed by the ACLU, alleges that Tidwell, then the bureau’s Los Angeles-based assistant director, signed off on Monteilh’s operation. And Tidwell says he’s eager to defend the bureau in court. “There is not the blanket suspicion of the Muslim community that they think there is,” Tidwell says. “We’re just looking for the bad guys. Anything the FBI does is going to be interpreted as monitoring Muslims. I would tell [critics]: ‘Do you really think I have the time and money to monitor all the mosques and Arab American organizations? We don’t. And I don’t want to.'”

Shady informants, of course, are as old as the FBI; one saying in the bureau is, “To catch the devil, you have to go to hell.” Another is, “The only problem worse than having an informant is not having an informant.” Back in the ’80s, the FBI made a cottage industry of drug stings—a source of countless Hollywood plots, often involving briefcases full of cocaine and Miami as the backdrop.

It’s perhaps fitting, then, that one of the earliest known terrorism stings also unfolded in Miami, though it wasn’t launched by the FBI. Instead the protagonist was a Canadian bodyguard and, as a Fort Lauderdale, Florida, newspaper put it in 2002 [55], “a 340-pound man with a fondness for firearms and strippers.” He subscribed to Soldier of Fortune [56] and hung around a police supply store on a desolate stretch of Hollywood Boulevard, north of Miami.

Howard Gilbert aspired to be a CIA agent but lacked pertinent experience. So to pad his résumé, he hatched a plan to infiltrate a mosque in the suburb of Pembroke Pines by posing as a Muslim convert named Saif Allah [57]. He told congregants that he was a former Marine and a security expert, and one night in late 2000, he gave a speech about the plight of Palestinians.

“That was truly the night that launched me into the terrorist umbrella of South Florida,” Gilbert would later brag [58] to the South Florida Sun-Sentinel.

Nineteen-year-old congregant Imran Mandhai, stirred by the oration, approached Gilbert and asked if he could provide him weapons and training. Gilbert, who had been providing information to the FBI, contacted his handlers and asked for more money to work on the case. (He later claimed that the bureau had paid him $6,000.) But he ultimately couldn’t deliver—the target had sensed something fishy about his new friend.

The bureau also brought in Elie Assaad [59], a seasoned informant originally from Lebanon. He told Mandhai that he was an associate of Osama bin Laden tasked with establishing a training camp in the United States. Gilbert suggested attacking electrical substations in South Florida, and Assaad offered to provide a weapon. FBI agents then arrested Mandhai; he pleaded guilty in federal court and was sentenced to nearly 14 years in prison. It was a model of what would become the bureau’s primary counterterrorism M.O.—identifying a target, offering a plot, and then pouncing.

“These guys were homeless types,” one former FBI official says about the alleged Sears Tower plotters. “And yes, we did show a picture where somebody was taking the oath to Al Qaeda. So what?” Illustration: Jeffrey Smith
Gilbert himself didn’t get to bask in his glory; he never worked for the FBI again and died in 2004. Assaad, for his part, ran into some trouble when his pregnant wife called 911. She said Assaad had beaten and choked her to the point that she became afraid [60] for her unborn baby; he was arrested, but in the end his wife refused to press charges.

The jail stint didn’t keep Assaad from working for the FBI on what would turn out to be perhaps the most high-profile terrorism bust of the post-9/11 era. In 2005, the bureau got a tip [61] from an informant about a group of alleged terrorists in Miami’s Liberty City neighborhood. The targets were seven men [62]—some African American, others Haitian—who called themselves the “Seas of David” [63] and ascribed to religious beliefs that blended Judaism, Christianity, and Islam. The men were martial-arts enthusiasts who operated out of a dilapidated warehouse, where they also taught classes for local kids. The Seas of David’s leader was Narseal Batiste [64], the son of a Louisiana preacher, father of four, and a former Guardian Angel.

In response to the informant’s tip, the FBI had him wear a wire during meetings with the men, but he wasn’t able to engage them in conversations about terrorist plots. So he introduced the group to Assaad, now playing an Al Qaeda operative. At the informant’s request, Batiste took photographs of the FBI office in North Miami Beach and was caught on tape discussing a notion to bomb the Sears Tower in Chicago. Assaad led Batiste, and later the other men, in swearing an oath to Al Qaeda, though the ceremony (recorded and entered into evidence at trial) bore a certain “Who’s on First?” flavor:

“God’s pledge is upon me, and so is his compact,” Assaad said as he and Batiste sat in his car. “Repeat after me.”

“Okay. Allah’s pledge is upon you.”

“No, you have to repeat exactly. God’s pledge is upon me, and so is his compact. You have to repeat.”
Ultimately, the undercover recordings suggest that Batiste was mostly trying to shake down his “terrorist” friend.

“Well, I can’t say Allah?” Batiste asked.

“Yeah, but this is an English version because Allah, you can say whatever you want, but—”

“Okay. Of course.”

“Okay.”

“Allah’s pledge is upon me. And so is his compact,” Batiste said, adding: “That means his angels, right?”

“Uh, huh. To commit myself,” Assaad continued.

“To commit myself.”

“Brother.”

“Brother,” Batiste repeated.

“Uh. That’s, uh, what’s your, uh, what’s your name, brother?”

“Ah, Brother Naz.”

“Okay. To commit myself,” the informant repeated.

“To commit myself.”

“Brother.”

“Brother.”

“You’re not—you have to say your name!” Assaad cried.

“Naz. Naz.”

“Uh. To commit myself. I am Brother Naz. You can say, ‘To commit myself.'”

“To commit myself, Brother Naz.”

Things went smoothly until Assaad got to a reference to being “protective of the secrecy of the oath and to the directive of Al Qaeda.”

Here Batiste stopped. “And to…what is the directive of?”

“Directive of Al Qaeda,” the informant answered.

“So now let me ask you this part here. That means that Al Qaeda will be over us?”

“No, no, no, no, no,” Assaad said. “It’s an alliance.”

“Oh. Well…” Batiste said, sounding resigned.

“It’s an alliance, but it’s like a commitment, by, uh, like, we respect your rules. You respect our rules,” Assaad explained.

“Uh, huh,” Batiste mumbled.

“And to the directive of Al Qaeda,” Assaad said, waiting for Batiste to repeat.

“Okay, can I say an alliance?” Batiste asked. “And to the alliance of Al Qaeda?”

“Of the alliance, of the directive—” Assaad said, catching himself. “You know what you can say? And to the directive and the alliance of Al Qaeda.”

“Okay, directive and alliance of Al Qaeda,” Batiste said.

“Okay,” the informant said. “Now officially you have commitment and we have alliance between each other. And welcome, Brother Naz, to Al Qaeda.”

Or not. Ultimately, the undercover recordings made by Assaad suggest that Batiste, who had a failing drywall business and had trouble making the rent for the warehouse, was mostly trying to shake down his “terrorist” friend. After first asking the informant for $50,000, Batiste is recorded in conversation after conversation asking how soon he’ll have the cash.

“Let me ask you a question,” he says in one exchange. “Once I give you an account number, how long do you think it’s gonna take to get me something in?”

“So you is scratching my back, [I’m] scratching your back—we’re like this,” Assaad dodged.

“Right,” Batiste said.
“When we put forth a case like that to suggest to the American public that we’re protecting them, we’re not protecting them. The agents back in the bullpen, they know it’s not true.”

The money never materialized. Neither did any specific terrorist plot. Nevertheless, federal prosecutors charged (PDF [65]) Batiste and his cohorts—whom the media dubbed the Liberty City Seven—with conspiracy to support terrorism, destroy buildings, and levy war against the US government. Perhaps the key piece of evidence was the video of Assaad’s Al Qaeda “oath.” Assaad was reportedly paid [66] $85,000 for his work on the case; the other informant got $21,000.

James J. Wedick, a former FBI agent, was hired to review the Liberty City case as a consultant for the defense. In his opinion, the informant simply picked low-hanging fruit. “These guys couldn’t find their way down the end of the street,” Wedick says. “They were homeless types. And, yes, we did show a picture where somebody was taking the oath to Al Qaeda. So what? They didn’t care. They only cared about the money. When we put forth a case like that to suggest to the American public that we’re protecting them, we’re not protecting them. The agents back in the bullpen, they know it’s not true.”

Indeed, the Department of Justice had a difficult time winning convictions in the Liberty City case. In three separate trials, juries deadlocked [67] on most of the charges, eventually acquitting one of the defendants (charges against another were dropped) and convicting five of crimes that landed them in prison for between 7 to 13 years. When it was all over, Assaad told ABC News’ Brian Ross [59] that he had a special sense for terrorists: “God gave me a certain gift.”

But he didn’t have a gift for sensing trouble. After the Liberty City case, Assaad moved on to Texas and founded a low-rent modeling agency [68]. In March, when police tried to pull him over, he led them in a chase through El Paso [69] (with his female passenger jumping out at one point), hit a cop with his car, and ended up rolling his SUV on the freeway. Reached by phone, Assaad declined to comment. He’s saving his story, he says, for a book he’s pitching to publishers.

Not all of the more than 500 terrorism prosecutions [25] reviewed in this investigation are so action-movie ready. But many do have an element of mystery. For example, though recorded conversations are often a key element of prosecutions, in many sting cases the FBI didn’t record large portions of the investigation, particularly during initial encounters or at key junctures during the sting. When those conversations come up in court, the FBI and prosecutors will instead rely on the account of an informant with a performance bonus on the line.

Mohamed Osman Mohamud [70] was an 18-year old wannabe rapper when an FBI agent asked if he’d like to “help the brothers.” Eventually the FBI gave him a fake car bomb and a phone to blow it up during a Christmas tree lighting. Illustration: Jeffrey Smith
One of the most egregious examples of a missing recording involves a convoluted tale that begins in the early morning hours of November 1, 2009, with a date-rape allegation on the campus of Oregon State University. Following a Halloween party, 18-year-old Mohamed Osman Mohamud [71], a Somali-born US citizen, went home with another student. The next morning, the woman reported to police that she believed she had been drugged.

Campus police brought Mohamud in for questioning and a polygraph test; FBI agents, who for reasons that have not been disclosed had been keeping an eye on the teen for about a month, were also there [72]. Mohamud claimed that the sex was consensual, and a drug test given to his accuser eventually came back negative.

During the interrogation, OSU police asked Mohamud if a search of his laptop would indicate that he’d researched date-rape drugs. He said it wouldn’t and gave them permission to examine his hard drive. Police copied its entire contents and turned the data over to the FBI—which discovered, it later alleged in court documents, that Mohamud had emailed someone in northwest Pakistan talking about jihad.

Soon after his run-in with police, Mohamud began to receive emails from “Bill Smith,” a self-described terrorist who encouraged him to “help the brothers.” “Bill,” an FBI agent, arranged for Mohamud to meet one of his associates in a Portland hotel room. There, Mohamud told the agents that he’d been thinking of jihad since age 15. When asked what he might want to attack, Mohamud suggested the city’s Christmas tree lighting ceremony [73]. The agents set Mohamud up with a van that he thought was filled with explosives. On November 26, 2010, Mohamud and one of the agents drove the van to Portland’s Pioneer Square, and Mohamud dialed [74] the phone to trigger the explosion. Nothing. He dialed again. Suddenly FBI agents appeared and dragged him away as he kicked and yelled, “Allahu akbar!” Prosecutors charged him with attempting to use a weapon of mass destruction; his trial is pending.
The FBI’s defenders say the bureau must flush out terrorist sympathizers before they act. “What would you do?” asks one. “Wait for him to figure it out himself?”

The Portland case has been held up as an example of how FBI stings can make a terrorist where there might have been only an angry loser. “This is a kid who, it can be reasonably inferred, barely had the capacity to put his shoes on in the morning,” Wedick says.

But Tidwell, the retired FBI official, says Mohamud was exactly the kind of person the FBI needs to flush out. “That kid was pretty specific about what he wanted to do,” he says. “What would you do in response? Wait for him to figure it out himself? If you’ll notice, most of these folks [targeted in stings] plead guilty. They don’t say, ‘I’ve been entrapped,’ or, ‘I was immature.'” That’s true—though it’s also true that defendants and their attorneys know that the odds of succeeding at trial are vanishingly small. Nearly two-thirds of all terrorism prosecutions since 9/11 have ended in guilty pleas, and experts hypothesize that it’s difficult for such defendants to get a fair trial. “The plots people are accused of being part of—attacking subway systems or trying to bomb a building—are so frightening that they can overwhelm a jury,” notes David Cole, a Georgetown University law professor who has studied these types of cases.

But the Mohamud story wasn’t quite over—it would end up changing the course of another case on the opposite side of the country. In Maryland, rookie FBI agent Keith Bender had been working a sting against 21-year-old Antonio Martinez [75], a recent convert to Islam who’d posted inflammatory comments on Facebook [76] (“The sword is cummin the reign of oppression is about 2 cease inshallah”). An FBI informant had befriended Martinez and, in recorded conversations, they talked about attacking a military recruiting station.

Just as the sting was building to its climax, Martinez saw news reports about the Mohamud case, and how there was an undercover operative involved. He worried: Was he, too, being lured into a sting? He called his supposed terrorist contact: “I’m not falling for no BS,” he told him [76].

Faced with the risk of losing the target, the informant—whose name is not revealed in court records—met with Martinez and pulled him back into the plot. But while the informant had recorded numerous previous meetings with Martinez, no recording [77] was made for this key conversation; in affidavits, the FBI blamed a technical glitch. Two weeks later, on December 8, 2010, Martinez parked what he thought was a car bomb in front of a recruitment center and was arrested when he tried to detonate [78] it.

Frances Townsend, who served as homeland security adviser to President George W. Bush, concedes that missing recordings in terrorism stings seem suspicious. But, she says, it’s more common than you might think: “I can’t tell you how many times I had FBI agents in front of me and I yelled, ‘You have hundreds of hours of recordings, but you didn’t record this meeting.’ Sometimes, I admit, they might not record something intentionally”—for fear, she says, that the target will notice. “But more often than not, it’s a technical issue.”

Wedick, the former FBI agent, is less forgiving. “With the technology the FBI now has access to—these small devices that no one would ever suspect are recorders or transmitters—there’s no excuse not to tape interactions between the informant and the target,” he says. “So why in many of these terrorism stings are meetings not recorded? Because it’s convenient for the FBI not to record.”

So what really happens as an informant works his target, sometimes over a period of years, and eases him over the line? For the answer to that, consider once more the case of James Cromitie [1], the Walmart stocker with a hatred of Jews. Cromitie was the ringleader in the much-publicized Bronx synagogue bombing plot that went to trial last year [79]. But a closer look at the record reveals that while Cromitie was no one’s idea of a nice guy, whatever leadership existed in the plot emanated from his sharply dressed, smooth-talking friend Maqsood, a.k.a. FBI informant Shahed Hussain.

A Pakistani refugee who claimed to be friends with Benazir Bhutto and had a soft spot for fancy cars, Hussain was by then one of the FBI’s more successful counterterrorism informants. (See our timeline of Hussain’s career as an informant [12].) He’d originally come to the bureau’s attention when he was busted in a DMV scam [80] that charged test takers $300 to $500 for a license. Having “worked off” those charges, he’d transitioned from indentured informant to paid snitch, earning as much as $100,000 per assignment.
At trial, informant Hussain admitted that he created the “impression” that his target would make big money by bombing synagogues in the Bronx.

Hussain was assigned to visit a mosque in Newburgh, where he would start conversations with strangers about jihad [81]. “I was finding people who would be harmful, and radicals, and identify them for the FBI,” Hussain said during Cromitie’s trial. Most of the mosque’s congregants were poor, and Hussain, who posed as a wealthy businessman and always arrived in one of his four luxury cars [82]—a Hummer, a Mercedes, two different BMWs—made plenty of friends. But after more than a year working the local Muslim community, he had not identified a single actual target [83].

Then, one day in June 2008, Cromitie approached Hussain in the parking lot outside the mosque. The two became friends, and Hussain clearly had Cromitie’s number. “Allah didn’t bring you here to work for Walmart,” he told him [84] at one point.

Cromitie, who once claimed he could “con the corn from the cob,” had a history of mental instability. He told a psychiatrist that he saw and heard things that weren’t there and had twice tried to commit suicide [85]. He told tall tales, most of them entirely untrue—like the one about how his brother stole $126 million worth of stuff from Tiffany.

Exactly what Hussain and Cromitie talked about in the first four months of their relationship isn’t known, because the FBI did not record [86] those conversations. Based on later conversations, it’s clear that Hussain cultivated Cromitie assiduously. He took the target, all expenses paid [87] by the FBI, to an Islamic conference in Philadelphia to meet Imam Siraj Wahhaj, a prominent African-American Muslim leader. He helped pay Cromitie’s rent [88]. He offered to buy him a barbershop [89]. Finally, he asked Cromitie to recruit others [90] and help him bomb synagogues.

On April 7, 2009, at 2:45 p.m., Cromitie and Hussain sat on a couch inside an FBI cover house on Shipp Street in Newburgh. A hidden camera [91] was trained on the living room.

“I don’t want anyone to get hurt,” Cromitie told the informant [92].

“Who? I—”

“Think about it before you speak,” Cromitie interrupted.

“If there is American soldiers, I don’t care,” Hussain said, trying a fresh angle.

“Hold up,” Cromitie agreed. “If it’s American soldiers, I don’t even care.”

“If it’s kids, I care,” Hussain said. “If it’s women, I care.”

“I care. That’s what I’m worried about. And I’m going to tell you, I don’t care if it’s a whole synagogue of men.”

“Yep.”

“I would take ‘em down, I don’t even care. ‘Cause I know they are the ones.”

“We have the equipment to do it.”

“See, see, I’m not worried about nothing. Ya know? What I’m worried about is my safety,” Cromitie said.

“Oh, yeah, safety comes first.”

“I want to get in and I want to get out.”

“Trust me,” Hussain assured.

At Cromitie’s trial, Hussain would admit that he created the—in his word—”impression” that Cromitie would make a lot of money by bombing synagogues.

“I can make you $250,000, but you don’t want it, brother,” he once told [93] Cromitie when the target seemed hesitant. “What can I tell you?” (Asked about the exchange in court, Hussain said that “$250,000” was simply a code word for the bombing plot—a code word, he admitted, that only he knew.)

But whether for ideology or money, Cromitie did recruit three others, and they did take photographs of Stewart International Airport in Newburgh as well as of synagogues in the Bronx. On May 20, 2009, Hussain drove Cromitie [94] to the Bronx, where Cromitie put what he believed were bombs [95] inside cars he thought had been parked by Hussain’s coconspirators. Once all the dummy bombs were placed, Cromitie headed back to the getaway car [96]—Hussain was in the driver’s seat—and then a SWAT team surrounded the car.

…

Source URL: http://www.motherjones.com/politics/2011/08/fbi-terrorist-informants

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By Trevor Aaronson | Fri Jul. 29, 2011 2:44 PM PDT

Find this story at Septembet/October 2011

Copyright ©2013 Mother Jones and the Foundation for National Progress

Most Terrorist Plots in the US Aren’t Invented by Al Qaeda — They’re Manufactured by the FBI

The following is an excerpt from The Terror Factory: Inside the FBI’s Manufactured War on Terrorism [3] by Trevor Aaronson (Ig Publishing, 2012).

Antonio Martinez was a punk. The twenty-two-year-old from Baltimore was chunky, with a wide nose and jet-black hair pulled back close to his scalp and tied into long braids that hung past his shoulders. He preferred to be called Muhammad Hussain, the name he gave himself following his conversion to Islam. But his mother still called him Tony, and she couldn’t understand her son’s burning desire to be the Maryland Mujahideen.

As a young man, Martinez had been angry and lost. He’d dropped out of Laurel High School, in Prince George’s County, Maryland, and spent his teens as a small-time thief in the Washington, D.C., suburbs. By the age of sixteen, he’d been charged with armed robbery. In February 2008, at the age of eighteen, he tried to steal a car. Catholic University doctoral student Daniel Tobin was looking out of the window of his apartment one day when he saw a man driving off in his car. Tobin gave chase, running between apartment buildings and finally catching up to the stolen vehicle. He opened the passenger-side door and got in. Martinez, in the driver’s seat, dashed out and ran away on foot. Jumping behind the wheel, Tobin followed the would-be car thief. “You may as well give up running,” he yelled at Martinez. Martinez was apprehended and charged with grand theft of a motor vehicle—he had stolen the vehicle using an extra set of car keys which had gone missing when someone had broken into Tobin’s apartment earlier. However, prosecutors dropped the charges against Martinez after Tobin failed to appear in court.

Despite the close call, Martinez’s petty crimes continued. One month after the car theft, he and a friend approached a cashier at a Safeway grocery store, acting as if they wanted to buy potato chips. When the cashier opened the register, Martinez and his friend grabbed as much money as they could and ran out of the store. The cashier and store manager chased after them, and later identified the pair to police. Martinez pleaded guilty to theft of one hundred dollars and received a ninety-day suspended sentence, plus six months of probation.

Searching for greater meaning in his life, Martinez was baptized and became a Christian when he was twenty-one years old, but he didn’t stick with the religion. “He said he tried the Christian thing. He just really didn’t understand it,” said Alisha Legrand, a former girlfriend. Martinez chose Islam instead. On his Facebook page, Martinez wrote that he was “just a yung brotha from the wrong side of the tracks who embraced Islam.” But for reasons that have never been clear to his family and friends, Martinez drifted toward a violent, extremist brand of Islam. When the FBI discovered him, Martinez was an angry extremist mouthing off on Facebook about violence, with misspelled posts such as, “The sword is cummin the reign of oppression is about 2 cease inshallah.” Based on the Facebook postings alone, an FBI agent gave an informant the “green light” to get to know Martinez and determine if he had a propensity for violence. In other words, to see if he was dangerous.

The government was setting the trap.

On the evening of December 2, 2010, Martinez was in another Muslim’s car as they drove through Baltimore. A hidden device recorded their conversation. His mother had called, and Martinez had just finished talking to her on his cell phone. He was aggravated. “She wants me to be like everybody else, being in school, working,” he told his friend. “For me, it’s different. I have this zeal for deen and she doesn’t understand that.” Martinez’s mother didn’t know that her son had just left a meeting with a purported Afghan-born terrorist who had agreed to provide him with a car bomb. But she wasn’t the only one in the dark that night. Martinez himself didn’t know his new terrorist friend was an undercover agent with the Federal Bureau of Investigation and that the man driving the car—a man he’d met only a few weeks earlier—was a paid informant for federal law enforcement.

Five days later, Martinez met again with the man he believed to be a terrorist. The informant was there, too. They were all, Martinez believed, brothers in arms and in Islam. In a parking lot near the Armed Forces Career Center on Baltimore National Pike, Martinez, the informant, and the undercover FBI agent piled into an SUV, where the undercover agent showed Martinez the device that would detonate the car bomb and how to use it. He then unveiled to the twenty-two-year-old the bomb in the back of the SUV and demonstrated what he’d need to do to activate it. “I’m ready, man,” Martinez said. “It ain’t like you seein’ it on the news. You gonna be there. You gonna hear the bomb go off. You gonna be, uh, shooting, gettin’ shot at. It’s gonna be real. … I’m excited, man.”

That night, Martinez, who had little experience behind the wheel of a car, needed to practice driving the SUV around the empty parking lot. Once he felt comfortable doing what most teenagers can do easily, Martinez and his associates devised a plan: Martinez would park the bomb-on-wheels in the parking lot outside the military recruiting center. One of his associates would then pick him up, and they’d drive together to a vantage point where Martinez could detonate the bomb and delight in the resulting chaos and carnage.

The next morning, the three men put their plan into action. Martinez hopped into the SUV and activated the bomb, as he’d been instructed, and then drove to the military recruiting station. He parked right in front. The informant, trailing in another car, picked up Martinez and drove him to the vantage point, just as planned. Everything was falling into place, and Martinez was about to launch his first attack in what he hoped would be for him a lifetime of jihad against the only nation he had ever known.

Looking out at the military recruiting station, Martinez lifted the detonation device and triggered the bomb. Smiling, he watched expectantly. Nothing happened. Suddenly, FBI agents rushed in and arrested the man they’d later identify in court records as “Antonio Martinez a/k/a Muhammad Hussain.” Federal prosecutors in Maryland charged Martinez with attempted murder of federal officers and attempted use of a weapon of mass destruction. He faced at least thirty-five years in prison if convicted at trial.

“This is not Tony,” a woman identifying herself as Martinez’s mother told a reporter after the arrest. “I think he was brainwashed with that Islam crap.” Joseph Balter, a federal public defender, told the court during a detention hearing that FBI agents had entrapped Martinez, whom he referred to by his chosen name. The terrorist plot was, Balter said, “the creation of the government—a creation which was implanted into Mr. Hussain’s mind.” He added: “There was nothing provided which showed that Mr. Hussain had any ability whatsoever to carry out any kind of plan.”

Despite Balter’s claims, a little more than a year after his indictment, Martinez chose not to challenge the government’s charges in court. On January 26, 2012, Martinez dropped his entrapment defense and pleaded guilty to attempted use of a weapon of mass destruction under a deal that will require him to serve twenty-five years in prison—more years than he’s been alive. Neither Martinez nor Balter would comment on the reasons they chose a plea agreement, though in a sentencing hearing, Balter told the judge he believed the entire case could have been avoided had the FBI counseled, rather than encouraged, Martinez.

The U.S. Department of Justice touted the conviction as another example of the government keeping citizens safe from terrorists. “We are catching dangerous suspects before they strike, and we are investigating them in a way that maximizes the liberty and security of law-abiding citizens,” U.S. attorney for the District of Maryland Rod J. Rosenstein said in a statement announcing Martinez’s plea agreement. “That is what the American people expect of the Justice Department, and that is what we aim to deliver.”

Indeed, that is exactly what the Justice Department and the Federal Bureau of Investigation have been delivering throughout the decade since the attacks of September 11, 2001. But whether it’s what the American people expect is questionable, because most Americans today have no idea that since 9/11, one single organization has been responsible for hatching and financing more terrorist plots in the United States than any other. That organization isn’t Al Qaeda, the terrorist network founded by Osama bin Laden and responsible for the spectacular 2001 attacks on New York’s World Trade Center and the Pentagon in Washington, D.C. And it isn’t Lashkar-e-Taiba, Jaish-e-Mohammed, Al-Shabaab, Hamas, Palestinian Islamic Jihad, or any of the other more than forty U.S.-designated foreign terrorist organizations. No, the organization responsible for more terrorist plots over the last decade than any other is the FBI. Through elaborate and expensive sting operations involving informants and undercover agents posing as terrorists, the FBI has arrested and the Justice Department has prosecuted dozens of men government officials say posed direct—but by no means immediate or credible—threats to the United States.

Just as in the Martinez case, in terrorism sting after terrorism sting, FBI and DOJ officials have hosted high-profile press conferences to announce yet another foiled terrorist plot. But what isn’t publicized during these press conferences is the fact that government-described terrorists such as Antonio Martinez were able to carry forward with their potentially lethal plots only because FBI informants and agents provided them with all of the means—in most cases delivering weapons and equipment, in some cases even paying for rent and doling out a little spending money to keep targets on the hook. In cities around the country where terrorism sting operations have occurred—among them New York City, Albany, Chicago, Miami, Baltimore, Portland, Tampa, Houston, and Dallas—a central question exists: Is the FBI catching terrorists or creating them?

In the years since the attacks of September 11, 2001, the federal law enforcement profile of a terrorist has changed dramatically. The men responsible for downing the World Trade Center were disciplined and patient; they were also living and training in the United States with money from an Al Qaeda cell led by Kuwaiti-born Khalid Sheikh Mohammad. In the days and weeks following 9/11, federal officials anxiously awaited a second wave of attacks, which would be launched, they believed at the time, by several sleeper cells around the country. But the feared second wave never crashed ashore. Instead, the United States and allied nations invaded Afghanistan, Al Qaeda’s home base, and forced Osama bin Laden and his deputies into hiding. Bruised and hunted, Al Qaeda no longer had the capability to train terrorists and send them to the United States.

In response, Al Qaeda’s leaders moved to what FBI officials describe as a “franchise model.” If you can’t run Al Qaeda as a hierarchal, centrally organized outfit, the theory went, run it as a franchise. In other words, export ideas—not terrorists. Al Qaeda and its affiliated organizations went online, setting up websites and forums dedicated to instilling their beliefs in disenfranchised Muslims already living in Western nations. A slickly designed magazine, appropriately titled Inspire, quickly followed. Article headlines included “I Am Proud to Be a Traitor to America,”9 and “Why Did I Choose Al-Qaeda?” Anwar al-Awlaki, the American-born, high-ranking Al Qaeda official who was killed in a U.S. drone strike in Yemen on September 30, 2011, became something of the terrorist organization’s Dear Abby. Have a question about Islam? Ask Anwar! Muslim men in nations throughout the Western world would email him questions, and al-Awlaki would reply dutifully, and in English, encouraging many of his electronic pen pals to violent action. Al-Awlaki also kept a blog and a Facebook page, and regularly posted recruitment videos to YouTube. He said in one video:

I specifically invite the youth to either fight in the West or join their brothers in the fronts of jihad: Afghanistan, Iraq, and Somalia.

I invite them to join us in our new front, Yemen, the base from which the great jihad of the Arabian Peninsula will begin, the base from which the greatest army of Islam will march forth.

Al Qaeda’s move to a franchise model met with some success. U.S. army major Nadal Hassan, for example, corresponded with al-Awlaki before he killed thirteen people and wounded twenty-nine others in the Fort Hood, Texas, shootings in 2009. Antonio Martinez and other American-born men, many of them recent converts to Islam, also sent al-Awlaki messages or watched Al Qaeda propaganda videos online before moving forward in alleged terrorist plots.

The FBI has a term for Martinez and other alleged terrorists like him: lone wolf. Officials at the Bureau now believe that the next terrorist attack will likely come from a lone wolf, and this belief is at the core of a federal law enforcement policy known variously as preemption, prevention, and disruption. FBI counterterrorism agents want to catch terrorists before they act, and to accomplish this, federal law enforcement officials have in the decade since 9/11 created the largest domestic spying network ever to exist in the United States. In fact, the FBI today has ten times as many informants as it did in the 1960s, when former FBI director J. Edgar Hoover made the Bureau infamous for inserting spies into organizations as varied as Reverend Dr. Martin Luther King Jr.’s and the Ku Klux Klan. Modern FBI informants aren’t burrowing into political groups, however; they are focused on terrorism, on identifying today the terrorist of tomorrow, and U.S. government officials acknowledge that while terrorist threats do exist from domestic organizations, such as white supremacist groups and the sovereign citizen movement, they believe the greatest threat comes from within U.S. Muslim communities due, in large part, to the aftereffects of the shock and awe Al Qaeda delivered on September 11, 2001.

The FBI’s vast army of spies, located in every community in the United States with enough Muslims to support a mosque, has one primary function: to identify the next lone wolf. According to the Bureau, a lone wolf is likely to be a single male age sixteen to thirty-five. Therefore, informants and their FBI handlers are on the lookout for young Muslims who espouse radical beliefs, are vocal about their disapproval of U.S. foreign policy, or have expressed sympathy for international terrorist groups. If they find anyone who meets the criteria, they move him to the next stage: the sting, in which an FBI informant, posing as a terrorist, offers to help facilitate a terrorist attack for the target.

On a cold February morning in 2011, I met with Peter Ahearn, a retired FBI special agent who directed the Western New York Joint Terrorism Task Force, in a coffee shop outside Washington, D.C., to talk about how the FBI runs its operations. Ahearn was among the Bureau’s vanguard as it transformed into a counterterrorism organization in the wake of 9/11. An average-built man with a small dimple on his chin and close-cropped brown hair receding in the front, Ahearn oversaw one of the earliest post-9/11 terrorism investigations, involving the so-called Lackawanna Six—a group of six Yemeni-American men living outside Buffalo, New York, who attended a training camp in Afghanistan and were convicted of providing material support to Al Qaeda. “If you’re doing a sting right, you’re offering the target multiple chances to back out,” Ahearn told me. “Real people don’t say, ‘Yeah, let’s go bomb that place.’ Real people call the cops.”

Indeed, while terrorism sting operations are a new practice for the Bureau, they are an evolution of an FBI tactic that has for decades captured the imaginations of Hollywood filmmakers. In 1982, as the illegal drug trade overwhelmed local police resources nationwide and contributed to an increase in violent crime, President Ronald Reagan’s first attorney general, William French Smith, gave the FBI jurisdiction over federal drug crimes, which previously had been the exclusive domain of the U.S. Drug Enforcement Administration. Eager to show up their DEA rivals, FBI agents began aggressively sending undercover agents into America’s cities. This was relatively new territory for the FBI, which, during Hoover’s thirty-seven-year stewardship, had mandated that agents wear a suit and tie at all times, federal law enforcement badge easily accessible from the coat pocket. But an increasingly powerful Mafia and the bloody drug war compelled the FBI to begin enforcing federal laws from the street level. In searching for drug crimes, FBI agents hunted sellers as well as buyers, and soon learned one of the best strategies was to become part of the action.

Most people have no doubt seen drug sting operations as portrayed in countless movies and television shows. At its most cliché, the scene is set in a Miami high-rise apartment, its floor-to-ceiling windows overlooking the cresting waves of the Atlantic Ocean. There’s a man seated at the dining table; he’s longhaired, with a scruffy face, and he has a briefcase next to him. But that’s not all. Hidden on the other side of the room is a camera making a grainy black-and-white recording of the entire scene. The apartment’s door swings open and two men saunter in, the camera recording their every move and word. Everyone sits down at the table. The two men hand over bundles of cash. The scruffy man then hands over the briefcase. The two guests of course expect to find cocaine inside. Instead, the briefcase is empty, and as soon as they open it to find the drugs missing, FBI agents rush in, guns drawn for the takedown. Federal law enforcement officials call this type of sting operation a “no-dope bust,” and it has been an effective tool for decades. It’s also the direct predecessor to today’s terrorism sting. Instead of empty briefcases, the FBI today uses inert bombs and disabled assault rifles, and now that counter-terrorism is the Bureau’s top priority, the investigation of major drug crimes has largely fallen back to the DEA. Just as no-dope busts resulted in the arrest and prosecution of those in the drug trade in the twentieth century, terrorism sting operations are resulting in the arrest and prosecution of would-be terrorists in this century.

While the assumptions behind drug stings and terrorism stings are similar, there is a fundamental flaw in the assumption underpinning the latter. In drug stings, federal law enforcement officials assume that any buyer caught in a sting would have been able to buy or sell drugs elsewhere had that buyer not fallen into the FBI trap. The numbers support this assumption. In 2010, the most recent year for which data is available, the DEA seized 29,179 kilograms, or 64,328 pounds, of cocaine in the United States. Likewise, in terrorism stings, federal law enforcement officials assume that any would-be terrorists caught in a sting would have been able to acquire the means elsewhere to carry out their violent plans had they not been ensnared by the FBI. The problem with this assumption is that no data exists to support it, and what data is available suggests would-be Islamic terrorists caught in FBI terrorism stings never could have obtained the capability to carry out their planned violent acts were it not for the FBI’s assistance.

In the ten years following 9/11, the FBI and the Justice Department indicted and convicted more than 150 people following sting operations involving alleged connections to international terrorism. Few of these defendants had any connection to terrorists, evidence showed, and those who did have connections, however tangential, never had the capacity to launch attacks on their own. In fact, of the more than 150 terrorism sting operation defendants, an FBI informant not only led one of every three terrorist plots, but also provided all the necessary weapons, money, and transportation.

The FBI’s logic to support the use of terrorism stings goes something like this: By catching a lone wolf before he strikes, federal law enforcement can take him off the streets before he meets a real terrorist who can provide him with weapons and munitions. However, to this day, no example exists of a lone wolf, by himself unable to launch an attack, becoming operational through meeting an actual terrorist in the United States. In addition, in the dozens of terrorism sting operations since 9/11, the would-be terrorists are usually uneducated, unsophisticated, and economically desperate—not the attributes of someone likely to plan and launch a sophisticated, violent attack without significant help.

Reprinted from The Terrorr Factory: Inside the FBI’s Manufactured War on Terrorism [3] — Copyright © 2012 by Trevor Aaronson. Reprinted with permission of Ig Publishing, Brooklyn, NY.

February 15, 2013 |

Find this story at 15 February 2013

Zero Dark Thirty director given ‘roadmap’ behind U.S. stealth mission to kill Osama bin Laden

Kathryn Bigelow given classified information by high ranking official
She was also briefed by CIA and military officials and Navy Seals
Campaign group said the White House has acted improperly

The director of an Oscar-nominated film about the killing of Osama bin Laden was given classified information about the operation by United States intelligence chiefs.

Zero Dark Thirty director Kathryn Bigelow and her screenwriting partner Mark Boal were provided with a complete ‘roadmap’ of how the raid was planned during a 45 minute meeting with Michael Vickers – the country’s highest ranking civilian intelligence official.

The filmmakers also received briefings from top CIA and military intelligence officers and Navy Seals who carried out Operation Neptune Spear – attacking bin Laden’s compound in Pakistan in May 2011.

Secrecy: Zero Dark Thirty filmmakers Kathryn Bigelow and Mark Boal were given classified information

The transcript of the interview, which took place three months after the terrorist leader’s death, has this week been published by the National Security Archive (NSA) at George Washington University in Washington.

Classified: Intelligence chief Michale Vickers gave information to the filmmakers during an interview

It follows a freedom of information request by campaign group Judicial Watch. Its president Tom Fitton had said the White House acted improperly by giving ‘politically-connected filmmakers extraordinary and secret access to bin Laden raid information’

Following the raid, the White House and Pentagon held a series of contradictory briefings and the NSA argues that an authoritative account of the operation has never been published.

The group accused the Obama administration of sharing the ‘intimate details’ to help the filmmakers release a movie ‘perfectly timed to give a home-stretch boost’ last year’s re-election campaign.

The NSA said much of the operation in Abbottabad is still ‘shrouded in secrecy’, with many details of the raid having never been released.

Chris Farrell, of Judicial Watch, told The Independent: ‘Either you admit you gave special excess to your pet film directors, or you make the information available to everyone.’

A statement on the Judicial Watch website said that the film pushed the Obama narrative, and added: ‘Barack Obama comes off as a hero character.

‘We see him morally preening on a news program and hear him described as ’thoughtful and analytical.’

Oscar nominated: Navy SEALs prepare to breach a locked door in bin Laden’s compound in Dark Zero Thirty

Raid: Pakistani security officials stand guard as workers demolish the compound in Abbottabad

‘Boal and Bigelow seemed to have gone out of their way (short of producing a two-hour campaign commercial) to project the Obama administration as ‘gutsy’ for ordering the raid.’

Hunted: Bin Laden was killed by U.S. forces in May 2011

An investigation into whether Mr Vickers broke any rules by briefing Ms Bigelow and Mr Boal has been launched by the Department of Defense.

Mr Boal and Ms Bigelow, who spent several years working on the film, have insisted that they went through the proper official channels in the intelligence community and did not have access to any classified information.

Zero Dark Thirty opened across the U.S. on January 11 and has been nominated for five Oscars including Best Picture, Best Actress for Jessica Chastain and Best Original Screenplay. It was nominated for four Golden Globes, with Chastain winning Best Actress.

Mr Boal and Ms Bigelow have both won Oscars fro the Hurt Locker. Ms Bigelow has defended her latest film’s torture scene, saying criticism of the practices might be better directed towards government policymakers.

After bin Laden – who was hunted by the US since the 9/11 terrorist attacks – was killed, the Obama administration said his body was buried at sea off the USS Carl Vinson in accordance with Islamic tradition.

The raid was completed shortly after 1am local time when he was shot once in the chest and once in the head by a Navy Seal who announced, ‘For God and country Geronimo, Geronimo, Geronimo’, because Geronimo was the code-name given to the al-Qaeda leader.

…

By Alex Gore

PUBLISHED: 17:53 GMT, 19 January 2013 | UPDATED: 09:00 GMT, 20 January 2013

Find this story at 19 January 2013

© Associated Newspapers Ltd

How did Bigelow access America’s secrets about torture and Bin Laden’s assassination for Zero Dark Thirty?

Oscar contender is triggering growing criticism from US senators that the movie supports ‘waterboarding’

It has received five Oscar nominations and created a buzz among movie fans around the world.

But Kathryn Bigelow’s Zero Dark Thirty, which recounts the operation that traced and killed Osama bin Laden, is at the centre of growing controversy over the unprecedented access to classified information granted to the director and her screenwriter colleague, while most of these details remain unavailable to the general pubic.

Documents collected, collated and published this week by the National Security Archive of George Washington University in Washington show that only a portion of information about Operation Neptune Spear, the codename for the CIA-led, decade-long hunt for Bin Laden, has so far been declassified.

In contrast, Ms Bigelow and her colleague Mark Boal received briefings from high-ranking CIA and military intelligence officers, Navy SEALs who took part in the operation and other officials. A CIA spokeswoman said at the time, the agency had decided to support the director because “it makes sense to get behind a winning horse. Mark and Kathryn’s movie is going to be the first and the biggest”.

The attacks of 9/11 on New York and Washington traumatised the US and led to various policy decisions whose ramifications are still being felt. The vow of then US President George Bush to capture the al-Qa’ida leader “dead or alive” led to the US and UK invasion of Afghanistan and a hunt for Bin Laden that concluded in May 2011 when US Special Forces raided a walled compound in the Pakistani town of Abbottabad where he had been hiding.

In the hours and days after the raid, White House and Pentagon officials briefed the media about aspects of the raid. Yet there were a number of contradictions contained within those briefings, and more than 18 months later many details remain unknown. Photographs of Bin Laden, for instance, supposedly taken after he was shot dead and when his body was buried at sea from aboard the USS Carl Vinson have not been made public, and the Obama administration has refused media requests under the Freedom of Information Act to release them.

Indeed, the National Security Archive said much of the operation was still “shrouded in secrecy”. It added: “The government’s recalcitrance over releasing information directly to the public about the 21 century’s most important intelligence search and military raid, and its decision instead to grant the film’s producers exclusive and unprecedented access to classified information about the operation, means that for the time being – for bad or good – Hollywood has become the public’s account of record for Operation Neptune Spear.”

Even before its release, Ms Bigelow’s film had already created controversy because of a scenes showing torture that the film suggests were essential to obtaining information that led the CIA to the garrison town of Abbottabad.

Such has been the furore that senior US senators Diane Feinstein and John McCain publicly complained the film was supporting the use of techniques such as “waterboarding”. Ms Bigelow has defended her film, recently telling the BBC: “It’s part of the story. To omit it would have been whitewashing history.”

Yet others say, the issue of the access given to the 61-year-old director is equally controversial. Chris Farrell, of Judicial Watch, a Washington-based non-profit organisation, said it had been involved in extensive litigation with the authorities to obtain withheld documents. He claimed the government was trying to have it both ways. “Either you admit you gave special access to your pet film director, or else you make the information available to everyone,” he said.

What has added to the perception that Ms Bigelow received special treatment are various moves by the authorities to halt other people releasing information about Operation Neptune Spear. The NSA said last November, seven US special forces soldiers involved in the Abbottabad operation were reprimanded for providing classified material to a video game manufacturer.

…

Andrew Buncombe
Friday, 18 January 2013

Find this story at 18 January 2013

© independent.co.uk

 

 

ISI enjoys immunity in 26/11, says US

Efforts to bring Pakistan’s former spy masters before a New York court to face charges filed by relatives of American victims in the Mumbai terror attacks are getting nowhere with the US Government taking the stand that the notorious Inter-Services Intelligence and its top brass enjoy immunity under the US Foreign Sovereign Immunities Act.

In response to a civil case filed on behalf of the American victims, a top official of the Department of Justice said the United States strongly condemns the 26/11 attacks and believes that Pakistan “must take steps to to dismantle Lashkar-e-Taiba and to support India’s efforts to counter this terrorist threat”.

But the ISI and its former chiefs Shuja Pasha and Nadeem Raj cannot be proceeded against in a US court because of immunity conferred under the American law, Principal Deputy Attorney General Stuart Delery informed the New York court.

In a 12-page affidavit, the official said the State Department has determined that Pasha and Taj are immune because the allegations by the plaintiffs relate to actions taken by them in their official capacities as directors of ISI, which is a fundamental part of the Government of Pakistan.

Six Americans were among the 166 people killed in the Mumbai attacks in 2008. Some, such as Linda Ragsdale of Tennessee, survived the attack. Ragsdale, who had been shot in her back at the Oberoi Trident Hotel, had filed a case in a New York court. Another lawsuit had been filed by the relatives of Rabbi Gavriel Noah Holtzberg and his pregnant wife Rivka.

Following the lawsuit, a US court did issue summons to Pasha, the ISI chief at the time and Lashkar’s top guns including founder Hafiz Saeed. But Pak moved to block the lawsuit by roping in top-notch US lawyers, who sought quashing the case on the grounds that the US had no jurisdiction in the matter. They argued that any US assertion of jurisdiction over Pakistani officials would be “an intrusion on its sovereignty, in violation of international law”.

Ragsdale, in her civil complaint, sought a compensation of a minimum of $75,000 from the ISI. The US Government’s affidavit in the case, filed on Monday, sought to emphasise that while making the immunity determination, it was not expressing any view on the merits of the claims put forth by the plaintiffs.

Besides the former ISI chiefs and Saeed, the case filed in the US court has also named other top Lashkar operatives involved in the Mumbai operation: Zaki-ur-Rahman, Sajid Mir and Azam Cheema.

…

Thursday, 20 December 2012 13:44 S Rajagopalan | Washington

Find this story at 20 December 2012

Copyright © 2011 The Pioneer. All Rights Reserved.

US wants immunity for Pakistanis implicated in attacks that killed 166

The United States government has argued in court that current and former officials of Pakistan’s intelligence service should be immune from prosecution in connection with the 2008 Mumbai attacks. At least 166 people, including 6 Americans, were killed and scores more were injured when members of Pakistan-based militant group Lashkar-e-Taiba stormed downtown Mumbai, India, taking the city hostage between November 26 and 29, 2008. The Indian government has openly accused Pakistan’s Inter-Services Intelligence directorate (ISI) of complicity in the attack, which has been described as the most sophisticated international terrorist strike anywhere in the world during the last decade. Using evidence collected by the Indian government, several Americans who survived the bloody attacks sued the ISI in New York earlier this year for allegedly directing Lashkar-e-Taiba and the Mumbai strikes. But Stuart Delery, Principal Deputy Attorney General for the US Department of State, has told the court that the ISI and its senior officials are immune from prosecution on US soil under the US Foreign Sovereign Immunities Act. According to the 12-page ‘Statement of Interest’ delivered to the court by Delery, no foreign nationals can be prosecuted in a US court for criminal actions they allegedly carried out while working in official capacities for a foreign government. The affidavit goes on to suggest that any attempt by a US court to assert American jurisdiction over current or former Pakistani government officials would be a blatant “intrusion on [Pakistan’s] sovereignty, in violation of international law”. It appears that nobody has notified the US Department of State that the US routinely “intrudes on Pakistan’s sovereignty” several times a week by using unmanned Predator drones to bomb suspected Taliban militants operating on Pakistani soil. Washington also “intruded on Pakistan’s sovereignty” on May 2, 2011, when it clandestinely sent troops to the town of Abbottabad to kill al-Qaeda founder Osama bin Laden. Reacting to the US position, the Indian government expressed “extreme and serious disappointment” on Thursday, arguing that “It cannot be that any organization, state or non-state, which sponsors terrorism, has immunity”. Indian media quoted Foreign Office spokesperson Syed Akbaruddin as saying that all those behind the 2008 Mumbai attacks “should be brought to justice irrespective of the jurisdiction under which they may reside or be operating”.

…

December 21, 2012 by Joseph Fitsanakis 2 Comments

By JOSEPH FITSANAKIS | intelNews.org |

Find this story at 21 December 2012

Acting CIA Chief shoots down Osama bin Laden film, ‘Zero Dark Thirty,’ as ‘not a realistic portrayal of the facts’

The enhanced interrogation techniques portrayed in the film are being decried as inaccurate.

Acting CIA Director Michael Morell critized “Zero Dark Thirty” as a “dramatization, not a realistic portrayal of the facts” in a letter to employees released Friday.

“Zero Dark Thirty” isn’t getting five stars from the CIA.

The acting head of the agency shot down the highly-anticipated movie that chronicles the hunt for Osama bin Laden in a rare letter to employees, adding to the controversy already brewing over the flick’s factuality.

“What I want you to know is that ‘Zero Dark Thirty’ is a dramatization, not a realistic portrayal of the facts,” Michael Morell wrote in a memo posted on the CIA’s website Friday.

“CIA interacted with the filmmakers through our Office of Public Affairs but, as is true with any entertainment project with which we interact, we do not control the final product.”

Morell slammed the Oscar-contender, which he said “departs from reality,” for suggesting that “enhanced interrogation techniques,” or what some would call torture, “were the key” to locating and killing the Al Qaeda leader.

MOVIE REVIEW: ‘ZERO DARK THIRTY’

The film, which hit theaters Dec. 19, shows agents using waterboarding and other extreme techniques to force Guantanamo Bay detainees to speak.

Jonathan Olley
The film, starring Jessica Chastain, follows the hunt and May 2011 killing of Osama bin Laden by Navy SEAL Team 6.

“That impression is false,” Morell wrote. “And, importantly, whether enhanced interrogation techniques were the only timely and effective way to obtain information from those detainees, as the film suggests, is a matter of debate that cannot and never will be definitively resolved.”

The acting CIA director also blasted “Zero Dark Thirty” for taking “considerable liberties in its depiction of CIA personnel and their actions, including some who died while serving our country.”

“We cannot allow a Hollywood film to cloud our memory of them,” he added.

Morell’s note comes just two days after three senators, Diane Feinstein (D-Calif.), John McCain (R-Az.) and Carl Levin (D-Mich.), condemned the flick for being “grossly inaccurate and misleading” in suggesting that torture led to the May 2011 killing of bin Laden by Navy SEAL Team 6.

The trio sent a letter to Sony Pictures, the film’s distributor, calling for the studio to add a disclaimer to the film.

…

By Christine Roberts / NEW YORK DAILY NEWS
Sunday, December 23, 2012, 12:35 PM

MANDEL NGAN/AFP/Getty Images

Find this story at 23 December 2012

© Copyright 2012 NYDailyNews.com. All rights reserved

Revealed: CIA agents envious of glamorous Hollywood treatment of Jessica Chastain’s real-life relentless Bin Laden tracker ‘Maya’

Upcoming film ‘Zero Dark Thirty’ claims that Bin Laden might not have been found if not for a young female CIA analyst
She devoted the best part of a decade to finding the terrorist
According to colleagues, she was one of the first to advance the theory that the key to finding Bin Laden was in Al Qaeda’s courier network

CIA agents were envious of the glamorous treatment given to the real-lief tenacious operative who tracked Osama bin Laden for the better part of a decade, it was revealed today.

Hollywood starlet Jessica Chastain plays the undercover analyst known as Maya, the woman who eventually finds the location of the then al-Qaeda leader. She is portrayed in a glamorous light – with wardrobes full of designer clothes and an enviable figure.

But the real-life ‘Maya’ didn’t have it as easy as the strawberry-blonde Chastain; despite being one of the key people responsible for bin Laden’s demise, Maya was passed over for a promotion.

Jealousy? Robert Baer, left, said that the CIA was and continues to be a boy’s club, left, Valerie Plame, a former CIA officer herself said that she’d love to get a drink with the real-life ‘Maya’

Former CIA operative Bob Baer told the ‘TODAY’ show that it was unsurprising that the female CIA operative was looked over for a promotion that would have given her an additional $16,000 per annum. ‘It’s an old-boy network,’ he explained.

‘You don’t know why people are promoted, why people are held back, and often people think the worst.’

Valerie Plame, a CIA officer whose identity was leaked, told the show that she admired the operative’s moxy. ‘I’d love to have a drink with her one day,’ she said.

The Washington Post’s David Ignatius told the ‘TODAY’ show that the response from the CIA was not unusual, saying that operatives are often ‘quite contrary,’

The reality of America’s battle against terrorism couldn’t have been more different to the glamorized, politically-correct fiction of Homeland, the hit TV show in which Claire Danes plays a beautiful CIA agent who spots the Al Qaeda plot which her misguided male colleagues have missed.

CIA supersleuth: A attractive young female CIA agent, played by Jessica Chastain in the film Zero Dark Thirty, spent the best part of a decade to finding Bin Laden and became the SEALs’ go-to expert on intelligence matters about their target

The world’s most dangerous terror group foiled by a killer blonde in Calvin Klein who wars with her superiors? Only in Hollywood’s dreams, surely.

But, astonishingly, it has now emerged that truth may indeed be as strange as fiction. According to Zero Dark Thirty, a forthcoming film about the hunt for Bin Laden — whose makers were given top-level access to those involved — he might never have been found if it hadn’t been for an attractive young female CIA agent every bit as troublesome as Homeland’s Carrie Mathison.

CIA insiders have confirmed claims by the film’s director Kathryn Bigelow that she is entirely justified in focusing on the role played by a junior female CIA analyst, named Maya in the film and played by Jessica Chastain. And just as in Homeland, the real agent has been snubbed by superiors and fallen out with colleagues since the Bin Laden raid in May last year.

But who is this CIA supersleuth? Although the woman is still undercover and has never been identified, Zero Dark Thirty’s emphasis on Maya’s importance tallies with the account of a U.S. Navy SEAL involved in the raid who later wrote about it in a book.

Bin Laden hunt: A very different side of the agent was seen days after Bin Laden’s body was brought back. She even started crying

Matt Bissonnette writes in No Easy Day of flying out to Afghanistan before the raid with a CIA analyst he called ‘Jen’ who was ‘wicked smart, kind of feisty’ and liked to wear expensive high heels.

She had devoted the best part of a decade to finding Bin Laden and had become the SEALs’ go-to expert on intelligence matters about their target, he said.

And while her colleagues were only 60 per cent sure their quarry was in the compound in Abbottabad, she told the SEAL she was 100 per cent certain.

‘I can’t give her enough credit, I mean, she, in my opinion, she kind of teed up this whole thing,’ Bissonnette said later.

The commando saw a very different side of her days later when they brought Bin Laden’s body back to their Afghan hangar. Having previously told Bissonnette she didn’t want to see the body, ‘Jen’ stayed at the back of the crowd as they unzipped the terrorist’s body bag.

She ‘looked pale and stressed’ and started crying. ‘A couple of the SEALs put their arms around her and walked her over to the edge of the group to look at the body,’ wrote Bissonnette. ‘She didn’t say anything . . . with tears rolling down her cheeks, I could tell it was taking a while for Jen to process.

She’d spent half a decade tracking this man. And now there he was at her feet.’

Jen’s role in the operation passed largely unremarked when Bissonnette’s book came out but now the new film — which is released in the UK in January — has confirmed his estimation of her importance.

Although she remains active as a CIA analyst, it is believed Mark Boal, Bigelow’s screenwriter, was allowed to interview her at length. It has emerged that she is in her 30s and joined the CIA after leaving college and before the 9/11 attacks turned American security upside down.

On target: The agent was one of the first to advance the theory that the key to finding Bin Laden lay in Al Qaeda’s courier network which led to his compound (pictured is the attack scene in the movie)

According to the Washington Post, she worked in the CIA’s station in Islamabad, Pakistan, as a ‘targeter’, a role which involves finding people to recruit as spies or to obliterate in drone attacks.

But CIA insiders say she worked almost solely on finding Bin Laden for a decade. She was still in Pakistan when the hunt heated up after Barack Obama became President in 2008 and ordered a renewed effort to find him.

According to colleagues, the female agent was one of the first to advance the theory — apparently against the views of other CIA staff — that the key to finding Bin Laden lay in Al Qaeda’s courier network.

The agency was convinced Bin Laden, who never used the phone, managed to communicate with his disparate organisation without revealing his whereabouts by passing hand-delivered messages to trusted couriers.

The agent spent years pursuing the courier angle, and it was a hunch that proved spectacularly correct when the U.S. uncovered a courier known as Abu Ahmed al-Kuwaiti and tracked him back to a compound in the sleepy Pakistan town of Abbottabad.

Fiesty: Jessica Chastain as agent Maya in Zero Dark Thirty about the hunt for Bin Laden

It was a stunning success for the dedicated agent, though she hardly endeared herself to her colleagues in the process.

As one might expect of a woman working in the largely male world of intelligence, colleagues stress she is no shrinking violet but a prickly workaholic with a reputation for clashing with anyone — even senior intelligence chiefs — who disagreed with her.

‘She’s not Miss Congeniality, but that’s not going to find Osama Bin Laden,’ a former colleague told the Washington Post.

Another added: ‘Do you know how many CIA officers are jerks? If that was a disqualifier, the whole National Clandestine Service would be gone.’

In the film, Maya is portrayed as a loner who has a ‘her-against-the-world’ attitude and pummels superiors into submission by sheer force of will. CIA colleagues say the film’s depiction of her is spot-on.

If this is the case, then she shows little of the feminine tenderness that serves Carrie Mathison so well in Homeland and which Hollywood usually uses to soften female protagonists like Maya.

Instead, the film shows her happily colluding in the torture by waterboarding of an Al Qaeda suspect.

And Navy SEAL Bissonnette reported how she had told him she wasn’t in favour of storming the Bin Laden compound but preferred to ‘just push the easy button and bomb it’. Given that the bombing option would almost certainly have killed the women and children the CIA knew were inside, her comment suggests a cold indifference to ‘civilian’ casualties.

But then the real female agent is hardly your archetypal film heroine. She has reportedly been passed over for promotion since the Bin Laden raid, perhaps adding to her sense of grievance.

Although she was among a handful of CIA staff rewarded over the operation with the Distinguished Intelligence Medal, the agency’s highest honour, dozens of other colleagues were given lesser gongs.

Fellow staff say this prompted her anger to boil over: she hit ‘reply all’ to an email announcing the awards and added her own message which — according to one — effectively said: ‘You guys tried to obstruct me. You fought me. Only I deserve the award.’

Although colleagues say the intense attention she received from the film-makers has made many of them jealous, they are shocked she was passed over for promotion and merely given a cash bonus for her Bin Laden triumph.

Glamorised fiction: The reality of America’s battle against terrorism couldn’t have been more different to the politically-correct hit TV show Homeland, in which Claire Danes plays a beautiful CIA agent who spots the Al Qaeda plot which her misguided colleagues missed

She has also been moved within the CIA, reassigned to a new counter-terrorism role.

…

By Tom Leonard

PUBLISHED: 23:54 GMT, 13 December 2012 | UPDATED: 23:54 GMT, 13 December 2012

Find this story at 13 December 2012

© Associated Newspapers Ltd

In ‘Zero Dark Thirty,’ she’s the hero; in real life, CIA agent’s career is more complicated

 

She was a real-life heroine of the CIA hunt for Osama bin Laden, a headstrong young operative whose work tracking the al-Qaeda leader serves as the dramatic core of a Hollywood film set to premiere next week.

Her CIA career has followed a more problematic script, however, since bin Laden was killed.

The operative, who remains undercover, was passed over for a promotion that many in the CIA thought would be impossible to withhold from someone who played such a key role in one of the most successful operations in agency history.

She has sparred with CIA colleagues over credit for the bin Laden mission. After being given a prestigious award for her work, she sent an e-mail to dozens of other recipients saying they didn’t deserve to share her accolades, current and former officials said.

The woman has also come under scrutiny for her contacts with filmmakers and others about the bin Laden mission, part of a broader internal inquiry into the agency’s cooperation on the new movie and other projects, former officials said.

Her defenders say the operative has been treated unfairly, and even her critics acknowledge that her contributions to the bin Laden hunt were crucial. But the developments have cast a cloud over a career that is about to be bathed in the sort of cinematic glow ordinarily reserved for fictional Hollywood spies.

The female officer, who is in her 30s, is the model for the main character in “Zero Dark Thirty,”a film that chronicles the decade-long hunt for the al-Qaeda chief and that critics are describing as an Academy Award front-runner even before its Dec. 19 release.

The character Maya, which is not the CIA operative’s real name, is portrayed as a gifted operative who spent years pursuing her conviction that al-Qaeda’s courier network would lead to bin Laden, a conviction that proved correct.

At one point in the film, after a female colleague is killed in an attack on a CIA compound in Afghanistan, Maya describes her purpose in near-messianic terms: “I believe I was spared so I could finish the job.”

Colleagues said the on-screen depiction captures the woman’s dedication and combative temperament.

“She’s not Miss Congeniality, but that’s not going to find Osama bin Laden,” said a former CIA associate, who added that the attention from filmmakers sent waves of envy through the agency’s ranks.

“The agency is a funny place, very insular,” the former official said. “It’s like middle-schoolers with clearances.”

The woman is not allowed to talk to journalists, and the CIA declined to answer questions about her, except to stress that the bin Laden mission involved an extensive team. “Over the course of a decade, hundreds of analysts, operators and many others played key roles in the hunt,” said agency spokeswoman Jennifer Youngblood.

Friction over mission, movie

The internal frictions are an unseemly aspect of the ongoing fallout from a mission that is otherwise regarded as one of the signal successes in CIA history.

The movie has been a source of controversy since it was revealed that the filmmakers — including director Kathryn Bigelow and writer Mark Boal — were given extensive access to officials at the White House, the Pentagon and the CIA.

Members of Congress have called for investigations into whether classified information was shared. The movie’s release was delayed amid criticism that it amounted to a reelection ad for President Obama.

The film’s publicity materials say that Maya “is based on a real person,” but the filmmakers declined to elaborate. U.S. officials acknowledged that Boal met with Maya’s real-life counterpart and other CIA officers, typically in the presence of someone from the agency’s public affairs office. The character is played by Jessica Chastain.

Her real-life counterpart joined the agency before the Sept. 11, 2001, attacks, officials said, and served as a targeter — a position that involves finding targets to recruit as spies or for lethal drone strikes — in the CIA’s station in Islamabad, Pakistan.

She was in that country when the search for bin Laden, after years of being moribund, suddenly heated up. After Obama took office, CIA operatives reexamined several potential trails, including al-Qaeda’s use of couriers to hand-deliver messages to and from bin Laden.

“After this went right, there were a lot of people trying to take credit,” the former intelligence official said. But the female targeter “was one of the people from very early on pushing this” courier approach.

Lashing out in an e-mail

This spring, she was among a handful of employees given the agency’s Distinguished Intelligence Medal, its highest honor except for those recognizing people who have come under direct fire. But when dozens of others were given lesser awards, the female officer lashed out.

“She hit ‘reply all’ ” to an e-mail announcement of the awards, a second former CIA official said. The thrust of her message, the former official said, was: “You guys tried to obstruct me. You fought me. Only I deserve the award.”

Over the past year, she was denied a promotion that would have raised her civil service rank from GS-13 to GS-14, bringing an additional $16,000 in annual pay.

Officials said the woman was given a cash bonus for her work on the bin Laden mission and has since moved on to a new counterterrorism assignment. They declined to say why the promotion was blocked.

The move stunned the woman’s former associates, despite her reputation for clashing with colleagues.

“Do you know how many CIA officers are jerks?” the former official said. “If that was a disqualifier, the whole National Clandestine Service would be gone.”

…

By Greg Miller, Published: December 11

Joby Warrick contributed to this report.

Find this story at 11 December 2012

© The Washington Post Company

Why the woman who tracked down Bin Laden was denied promotion by her CIA bosses

Operative at heart of new film was ‘difficult’ and sent abusive emails

A picture of the real-life CIA agent at the heart of Zero Dark Thirty – director Kathryn Bigelow’s new film about the hunt for Osama Bin Laden – has emerged this week. But the young and determined agent named “Maya”, who is played by actress Jessica Chastain, has been described by colleagues as combative and difficult.

“She’s not Miss Congeniality, but that’s not going to find Osama bin Laden,” one of her former CIA colleagues told The Washington Post. “Do you know how many CIA officers are jerks?” said another. “If that was a disqualifier, the whole National Clandestine Service would be gone.”

The woman, who remains undercover and is in her 30s, was reportedly passed over for promotion this year, and clashed with colleagues about who should take credit for tracking down the al-Qa’ida leader to the compound in Abbottabad, Pakistan, where he was killed by US Special Forces in May 2011, in the 12.30am raid that gives Ms Bigelow’s film its title.

A CIA operative since before 9/11, she was stationed in Islamabad in the years before the raid, where she worked to uncover the network of couriers that would eventually lead to Bin Laden.

Though hundreds of people were involved in the decade-long search, the Post’s CIA sources acknowledge that “Maya’s” contribution was crucial. Following the raid, she was awarded the CIA’s Distinguished Intelligence Medal, and given a cash bonus. But she riled colleagues by responding to the award with a group email, accusing others in the agency of having obstructed her in her work. Those colleagues were further irked by the amount of attention she has received. The woman also appears, as “Jen”, in No Easy Day, a book about the raid by former Navy SEAL Matt Bissonnette, who took part in the mission.

Zero Dark Thirty is Ms Bigelow’s follow-up to her Oscar-winning Iraq war film The Hurt Locker (2008), and is expected to feature heavily during the 2013 awards season.

When Bin Laden was killed, the director was working on a project about the attempts to find him. Screenwriter Mark Boal tore up the script and started again, and the film began shooting in spring this year. It opens in US cinemas this week, delayed to avoid accusations that it would give an electoral boost to President Obama, who ordered the raid.

…

Tim Walker

Los Angeles

Wednesday 12 December 2012

Find this story at 11 December 2012

© independent.co.uk

UK intelligence officers knew of CIA’s rendition plans within days of 9/11

Meeting at British embassy in US raises questions about repeated denials by MI5 and MI6 of connivance in torture

Within days of the 9/11 attacks on the US, the CIA told British intelligence officers of its plans to abduct al-Qaida suspects and fly them to secret prisons where they would be systematically abused.

The meeting, at the British embassy in Washington, is disclosed in a forthcoming book by the Guardian journalist Ian Cobain. It raises serious questions about repeated claims by senior MI5 and MI6 officers that they were slow to appreciate the US response to the attacks, and never connived in torture.

The meeting signalled to British officials that the US was preparing to embark on a global kidnapping programme which became known as extraordinary rendition. Cobain reveals that at the end of a three-hour presentation by Cofer Black, President George Bush’s top counter-terrorist adviser, Mark Allen – his opposite number in MI6 – commented that it all sounded “rather bloodcurdling”.

A few weeks later, in early October 2001, at a secret meeting at Nato headquarters in Brussels, US officials drew up a list of “necessary measures to increase security”, Cobain discloses. They included flights to and from secret prisons in Asia, Africa, and throughout Europe. “Quietly, Britain pledged logistics support for the rendition programme, which resulted in the CIA’s Gulfstream V and other jets becoming frequent visitors to British airports en route to the agency’s secret prisons,” writes Cobain.

Over the next four years CIA rendition flights used British airports at least 210 times. The book reveals that Washington asked the UK for permission to build a large prison on Diego Garcia, the British territory in the Indian Ocean where the US has a large bomber base. The project was dropped, for logistical rather than legal reasons.

However, Diego Garcia was used as a stopover for CIA flights taking detainees to secret prisons around the world. And in secret memos, Labour ministers said in early 2002 that their “preferred option” was to render British nationals to Guantánamo Bay, Cobain records. MI5 and MI6 officers carried out around 100 interrogations at the US prison on Cuba between 2002 and 2004.

Yet for years ministers emphatically denied any British involvement in America’s rendition programme. As late as December 2005, Jack Straw, then foreign secretary, was telling MPs there was “simply no truth in the claims that the United Kingdom has been involved in rendition”. Just a year earlier, we now know, MI6 – under Straw’s watch and with the blessing of ministers, officials say – helped to render two leading Libyan dissidents to Muammar Gaddafi’s secret police.

Despite the post-9/11 Washington embassy and Nato meetings, and other evidence of their early involvement in rendition, MI5 and MI6 witnesses told the parliamentary intelligence and security committee (ISC) that it was some time before they knew what the US was up to. As late as July 2007, the misinformed ISC stated in a report on rendition that MI5 and MI6 “were … slow to detect the emerging pattern of renditions to detention”.

…

Richard Norton-Taylor
guardian.co.uk, Monday 22 October 2012 13.06 BST

Find this story at 22 October 2012

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Ex-MI6 man to face ‘rendition’ questions: Police will try again to interview Sir Mark Allen over torture allegations by Libyan dissidents

Police will seek to interview Sir Mark Allen, the former head of MI6’s counterterrorism unit, in connection with allegations of British complicity in the rendition to Libya and torture of two Libyan dissidents, Abdel Hakim Belhadj and Sami al-Saadi, during the Gaddafi era. Sir Mark suffered a stroke in July, and it is understood Metropolitan Police detectives were told that he was not fit enough at that stage to be interviewed over the allegations.

The two men, members of the Libyan Islamic Fighting Group, were subjected to years of imprisonment and torture after they were returned to Libya in 2004.

Sir Mark’s health had improved sufficiently for him to address an audience of energy experts at Chatham House, London, last week. A spokeswoman for the British Institute of Energy Economics (BIEE), which organised the event, confirmed that it had taken place but, when asked for further details, stated: “Sir Mark gave a talk, not a presentation, and did not want this [the contents] published.”

A source at BP, where Sir Mark has an office, confirmed: “He had the stroke at the beginning of July and he’s making really good progress.”

Sir Mark’s talk was billed as “his personal reflections on the current situation in the Middle East, the advent of the Arab Spring and considerations about its fallout”.

Coincidentally, BIEE’s president is Lord Howell – a former Foreign Office minister who, in that capacity, fielded questions regarding the rendition scandal and who is now William Hague’s personal adviser on energy and resource security. When The Independent on Sunday broke the news of Sir Mark’s BIEE talk to Scotland Yard last week, a spokesman noted the details but declined to comment.

British police launched an inquiry in January after documents discovered during the Libyan uprising suggested that Sir Mark had conspired in the rendition. The allegations were so serious that the police and Director of Public Prosecutions issued a statement saying: “It is in the public interest for them to be investigated now.”

In one of the documents, a letter sent to Gaddafi’s head of intelligence, Moussa Koussa, in March 2004, Sir Mark states that helping get Mr Belhadj to Libya “was the least we could do for you and for Libya to demonstrate the remarkable relationship we have built over recent years”. Sir Mark added: “I was grateful to you for helping the officer we sent out last week.”

Peter Bouckaert, emergencies director of Human Rights Watch, said: “A man with many secrets has a lot of favours he can call in. I hope he recovers soon enough to reveal some light on a very sordid page of British history. It is time to end the secrecy around Britain’s relationship with Gaddafi, and both the British and the Libyan public deserve some answers.”

Sir Mark is also facing a court battle as a result of a civil legal action that has been brought against him and the former foreign secretary Jack Straw, relating to the rendition and torture allegations. They are cited as key defendants in recently filed court documents that outline the abuse suffered by the two Libyan dissidents after they had been abducted and handed to Gaddafi’s regime with the help of British intelligence.

…

Jonathan Owen
Sunday, 21 October 2012

Find this story at 21 October 2012

© independent.co.uk

 

 

Israeli security ‘read’ tourists’ private emails

How would you feel if when you arrived at your holiday destination, security staff demanded to read your personal emails and look at your Facebook account?

Israel’s attorney general has been asked to look into claims that security officials have been doing just that – threatening to refuse entry to the country unless such private information is divulged by some tourists. Keith Wallace reports.

Find this story at 31 July 2012

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Britain faces legal challenge over secret US ‘kill list’ in Afghanistan

Afghan man who lost relatives in missile strike says UK role in supplying information to US military may be unlawful

Britain’s role in supplying information to an American military “kill list” in Afghanistan is being subjected to legal challenge amid growing international concern over targeted strikes against suspected insurgents and drug traffickers.

An Afghan man who lost five relatives in a missile strike started proceedings against the Serious Organised Crime Agency (Soca) and the Ministry of Defence demanding to know details of the UK’s participation “in the compilation, review and execution of the list and what form it takes”.

Legal letters sent to Soca and the MoD state the involvement of UK officials in these decisions “may give rise to criminal offences and thus be unlawful”. They say Britain’s contribution raises several concerns, particularly in cases where international humanitarian laws protecting civilians and non-combatants may have been broken.

“We need to know whether the rule of law is being followed and that safeguards are in place to prevent what could be clear breaches of international law,” said Rosa Curling from the solicitors Leigh Day & Co. “We have a family here that is desperate to know what happened, and to ensure this kind of thing never happens again.”

Targeting Taliban commanders in precision attacks has been an important part of Nato’s strategy in Afghanistan, and it has involved US, British and Afghan special forces, and the use of drones.

But who is put on the “kill list” and why remains a closely guarded secret – and has become a huge concern for human rights groups. They have questioned the legality of such operations and said civilians are often killed.

Soca refused to discuss its intelligence work, but the agency and the MoD said they worked “strictly within the bounds of international law”. Its role in the operation to compile a “kill list” was first explained in a report to the US Senate’s committee on foreign relations.

The report described how a new task force targeting drug traffickers, insurgents and corrupt officials was being set up at Kandahar air field in southern Afghanistan. “The unit will link the US and British military with the DEA [Drug Enforcement Agency], Britain’s Serious and Organised Crime Agency, and police and intelligence agencies from other countries.” The 31-page report from 2009 acknowledged the precise rules of engagement were classified.

But it said two generals in Afghanistan had explained they “have been interpreted to allow them to put drug traffickers with proven links to insurgency on a kill list, called the joint integrated prioritised target list”.

“The military places no restrictions on the use of force with these selected targets, which means they can be killed or captured on the battlefield,” the Senate report said. “It does not, however, authorise targeted assassinations away from the battlefield. The generals said standards for getting on the list require two verifiable human sources and substantial additional evidence.”

The legal challenge has been brought by an Afghan who believes his relatives were unlawfully killed in a case of mistaken identity during one “kill list” operation. A bank worker in Kabul, Habib Rahman lost two brothers, two uncles and his father-in-law in a US missile attack on their cars on 2 September 2010. They had been helping another member of the family who had been campaigning in Takhar province in northern Afghanistan in the runup to the country’s parliamentary elections. In total, 10 Afghans were killed and several others injured.

Rahman says most of those who died were election workers. But the attack was praised by Nato’s International Security and Assistance Force (Isaf) which said the target had been a man in the convoy called Muhammad Amin. The US accused him of being a Taliban commander and member of the Islamic Movement of Uzbekistan, and said the people who had been travelling with him had been insurgents.

A detailed study of the incident by the research group Afghanistan Analysts Network contradicted the official account, saying Isaf had killed Zabet Amanullah. Amin was tracked down after the incident and is still alive, said the study’s author, Kate Clark. “Even now, there does not seem to be any acknowledgment within the military that they may have got the wrong man,” she said. “It is really very bizarre. They think Amin and Amanullah are one and the same.”

Rahman’s lawyers acknowledge they do not know whether information provided by Britain contributed to this attack, but hope the legal challenge will force officials to be more open about the British contribution to the “kill list”.

The letters to Soca’s director general, Trevor Pearce, and the defence secretary, Philip Hammond, point to the Geneva conventions, which say that persons taking no active part in hostilities are protected from “violence to life and person, in particular murder of all kinds”.

They also draw on the International Committee of the Red Cross, which has said anyone accompanying an organised group who is not directly involved in hostilities “remains civilian assuming support functions”.

The legal letters, the first step towards seeking judicial review, say “drug traffickers who merely support the insurgency financially could not legitimately be included in the list” under these principles. The lawyers believe that, even if Isaf had targeted the right man, it may have been unlawful for others to have been killed in the missile strike.

“The general practice of international forces in Afghanistan and the experience of our client suggest that proximity to a listed target is, on its own, sufficient for an individual to be considered a legitimate target for attack. Such a policy would be unlawful under the international humanitarian law principles,” they say.

Curling said: “Ensuring the UK government and its agencies are operating within their legal obligations could not be more important. Our client’s case suggests the establishment and maintenance of the ‘killing list’ is not in line with the UK’s duties under international humanitarian law. Our client lost five of his relatives in an attack by the international military forces as a result of this list. It is important that the Ministry of Defence and Soca provide us with the reassurances sought.”

…

Find this story at 9 August 2012

Nick Hopkins
guardian.co.uk, Thursday 9 August 2012 19.56 BST

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

The biodefender that cries wolf: The Department of Homeland Security’s BioWatch air samplers, meant to detect a terrorist biological attack, have been plagued by false alarms and other failures.

DENVER — As Chris Lindley drove to work that morning in August 2008, a call set his heart pounding.

The Democratic National Convention was being held in Denver, and Barack Obama was to accept his party’s presidential nomination before a crowd of 80,000 people that night.

The phone call was from one of Lindley’s colleagues at Colorado’s emergency preparedness agency. The deadly bacterium that causes tularemia — long feared as a possible biological weapon — had been detected at the convention site.

Should they order an evacuation, the state officials wondered? Send inspectors in moon suits? Distribute antibiotics? Delay or move Obama’s speech?

Another question loomed: Could they trust the source of the alert, a billion-dollar government system for detecting biological attacks known as BioWatch?

Six tense hours later, Lindley and his colleagues had reached a verdict: false alarm.

BioWatch had failed — again.

President George W. Bush announced the system’s deployment in his 2003 State of the Union address, saying it would “protect our people and our homeland.” Since then, BioWatch air samplers have been installed inconspicuously at street level and atop buildings in cities across the country — ready, in theory, to detect pathogens that cause anthrax, tularemia, smallpox, plague and other deadly diseases.

But the system has not lived up to its billing. It has repeatedly cried wolf, producing dozens of false alarms in Los Angeles, Detroit, St. Louis, Phoenix, San Diego, the San Francisco Bay Area and elsewhere, a Los Angeles Times investigation found.

Worse, BioWatch cannot be counted on to detect a real attack, according to confidential government test results and computer modeling.

The false alarms have threatened to disrupt not only the 2008 Democratic convention, but also the 2004 and 2008 Super Bowls and the 2006 National League baseball playoffs. In 2005, a false alarm in Washington prompted officials to consider closing the National Mall.

Federal agencies documented 56 BioWatch false alarms — most of them never disclosed to the public — through 2008. More followed.

The ultimate verdict on BioWatch is that state and local health officials have shown no confidence in it. Not once have they ordered evacuations or distributed emergency medicines in response to a positive reading.

Federal officials have not established the cause of the false alarms, but scientists familiar with BioWatch say they appear to stem from its inability to distinguish between dangerous pathogens and closely related but nonlethal germs.

BioWatch has yet to face an actual biological attack. Field tests and computer modeling, however, suggest it would have difficulty detecting one.

In an attack by terrorists or a rogue state, disease organisms could well be widely dispersed, at concentrations too low to trigger BioWatch but high enough to infect thousands of people, according to scientists with knowledge of the test data who spoke on condition of anonymity.

Even in a massive release, air currents would scatter the germs in unpredictable ways. Huge numbers of air samplers would have to be deployed to reliably detect an attack in a given area, the scientists said.

Many who have worked with BioWatch — from the Army general who oversaw its initial deployment to state and local health officials who have seen its repeated failures up close — call it ill-conceived or unworkable.

“I can’t find anyone in my peer group who believes in BioWatch,” said Dr. Ned Calonge, chief medical officer for the Colorado Department of Public Health and Environment from 2002 to 2010.

“The only times it goes off, it’s wrong. I just think it’s a colossal waste of money. It’s a stupid program.”

Officials at the Centers for Disease Control and Prevention, the federal agency that would be chiefly responsible for rushing medications to the site of an attack, told White House aides at a meeting Nov. 21 that they would not do so unless a BioWatch warning was confirmed by follow-up sampling and analysis, several attendees said in interviews.

Those extra steps would undercut BioWatch’s rationale: to enable swift treatment of those exposed.

Federal officials also have shelved long-standing plans to expand the system to the nation’s airports for fear that false alarms could trigger evacuations of terminals, grounding of flights and needless panic.

BioWatch was developed by U.S. national laboratories and government contractors and is overseen by the Department of Homeland Security. Department officials insist that the system’s many alerts were not false alarms. Each time, BioWatch accurately detected some organism in the environment, even if it was not the result of an attack and posed no threat to the public, officials said.

At the same time, department officials have assured Congress that newer technology will make BioWatch more reliable and cheaper to operate.

The current samplers are vacuum-powered collection devices, about the size of an office printer, that pull air through filters that trap any airborne materials. In more than 30 cities each day, technicians collect the filters and deliver them to state or local health labs for genetic analysis. Lab personnel look for DNA matches with at least half a dozen targeted pathogens.

The new, larger units would be automated labs in a box. Samples could be analyzed far more quickly and with no need for manual collection.

Buying and operating the new technology, known as Generation 3, would cost about $3.1 billion over the next five years, on top of the roughly $1 billion that BioWatch already has cost taxpayers. The Obama administration is weighing whether to award a multiyear contract.

Generation 3 “is imperative to saving thousands of lives,” Dr. Alexander Garza, Homeland Security’s chief medical officer, told a House subcommittee on March 29.

But field and lab tests of automated units have raised doubts about their effectiveness. A prototype installed in the New York subway system in 2007 and 2008 produced multiple false readings, according to interviews with scientists. Field tests last year in Chicago found that a second prototype could not operate independently for more than a week at a time.

Most worrisome, testing at the Pacific Northwest National Laboratory in Washington state and at the Army’s Dugway Proving Ground in Utah found that Generation 3 units could detect a biological agent only if exposed to extremely high concentrations: hundreds of thousands of organisms per cubic meter of air over a six-hour period.

Most of the pathogens targeted by BioWatch, scientists said, can cause sickness or death at much lower levels.

A confidential Homeland Security analysis prepared in January said these “failures were so significant” that the department had proposed that Northrop Grumman Corp., the leading competitor for the Generation 3 contract, make “major engineering modifications.”

A spokesman for the department, Peter Boogaard, defended the performance of BioWatch. Responding to written questions, he said the department “takes all precautions necessary to minimize the occurrence of both false positive and false negative results.”

“Rigorous testing and evaluation” will guide the department’s decisions about whether to buy the Generation 3 technology, he said.

Representatives of Northrop Grumman said in interviews that some test results had prompted efforts to improve the automated units’ sensitivity and overall performance.

“We had an issue that affected the consistency of the performance of the system,” said Dave Tilles, the company’s project director. “We resolved it. We fixed it…. We feel like we’re ready for the next phase of the program.”

In congressional testimony, officials responsible for BioWatch in both the Bush and Obama administrations have made only fleeting references to the system’s documented failures.

“BioWatch, as you know, has been an enormous success story,” Jay M. Cohen, a Homeland Security undersecretary, told a House subcommittee in 2007.

In June 2009, Homeland Security’s then-chief medical officer, Dr. Jon Krohmer, told a House panel: “Without these detectors, the nation has no ability to detect biological attacks until individuals start to show clinical symptoms.” Without BioWatch, “needless deaths” could result, he said.

Garza, the current chief medical officer, was asked during his March 29 testimony whether Generation 3 was on track. “My professional opinion is, it’s right where it needs to be,” he said.

After hearing such assurances, bipartisan majorities of Congress have unfailingly supported additional spending for BioWatch.

Olympic prototype

The problems inherent in what would become BioWatch appeared early.

In February 2002, scientists and technicians from Lawrence Livermore National Laboratory deployed a prototype in and around Salt Lake City in preparation for the Winter Olympics. The scientists were aware that false alarms could “cause immense disruptions and panic” and were determined to prevent them, they later wrote in the lab’s quarterly magazine.

Sixteen air samplers were positioned at Olympic venues, as well as in downtown Salt Lake City and at the airport. About 5:30 p.m. on Feb. 12, a sample from the airport’s C concourse tested positive for anthrax.

Utah Gov. Mike Leavitt was at an Olympic figure skating competition when the state’s public safety director, Bob Flowers, called with the news.

“He told me that they had a positive lead on anthrax at the airport,” Leavitt recalled. “I asked if they’d retested it. He said they had — not just once, but four times. And each time it tested positive.”

The Olympics marked the first major international gathering since the Sept. 11, 2001, airliner hijackings and the deadly anthrax mailings that fall.

“It didn’t take a lot of imagination to say, ‘This could be the real thing,'” Leavitt said.

But sealing off the airport would disrupt the Olympics. And “the federal government would have stopped transportation all over the country,” as it had after Sept. 11, Leavitt said.

Leavitt ordered hazardous-materials crews to stand by at the airport, though without lights and sirens or conspicuous protective gear.

“He was ready to close the airport and call the National Guard,” recalled Richard Meyer, then a federal scientist assisting with the detection technology at the Olympics.

After consulting Meyer and other officials, Leavitt decided to wait until a final round of testing was completed. By 9 p.m., when the results were negative, the governor decided not to order any further response.

“It was a false positive,” Leavitt said. “But it was a live-fire exercise, I’ll tell you that.”

Pressing ahead

The implication — that BioWatch could deliver a highly disruptive false alarm — went unheeded.

After the Olympics, Meyer and others who had worked with the air samplers attended meetings at the Pentagon, where Deputy Defense Secretary Paul D. Wolfowitz was building a case for rapidly deploying the technology nationwide.

On Jan. 28, 2003, Bush unveiled BioWatch in his State of the Union address, calling it “the nation’s first early-warning network of sensors to detect biological attack.”

The next month, a group of science and technology advisors to the Defense Department, including Sidney Drell, the noted Stanford University physicist, expressed surprise that “no formal study has been undertaken” of the Salt Lake City incident. The cause of that false alarm has never been identified.

“It is not realistic to undertake a nationwide, blanket deployment of biosensors,” the advisory panel, named the JASON group, concluded.

The warning was ignored in the rush to deploy BioWatch. Administration officials also disbanded a separate working group of prominent scientists with expertise in the pathogens.

That group, established by the Pentagon, had been working to determine how often certain germs appear in nature, members of the panel said in interviews. The answer would be key to avoiding false alarms. The idea was to establish a baseline to distinguish between the natural presence of disease organisms and an attack.

The failure to conduct that work has hobbled the system ever since, particularly in regard to tularemia, which has been involved in nearly all of BioWatch’s false alarms.

The bacterium that causes tularemia, or rabbit fever, got its formal name, Francisella tularensis, after being found in squirrels in the early 20th century in Central California’s Tulare County. About 200 naturally occurring infections in humans are reported every year in the U.S. The disease can be deadly but is readily curable when treated promptly with antibiotics.

Before BioWatch, scientists knew that the tularemia bacterium existed in soil and water. What the scientists who designed BioWatch did not know — because the fieldwork wasn’t done — was that nature is rife with close cousins to it.

The false alarms for tularemia appear to have been triggered by those nonlethal cousins, according to scientists with knowledge of the system.

That BioWatch is sensitive enough to register repeated false alarms but not sensitive enough to reliably detect an attack may seem contradictory. But the two tasks involve different challenges.

Any detection system is likely to encounter naturally occurring organisms like the tularemia bacterium and its cousins. Those encounters have the potential to trigger alerts unless the system can distinguish between benign organisms and harmful ones.

Detecting an attack requires a system that is not only discriminating but also highly sensitive — to guarantee that it won’t miss traces of deadly germs that might have been dispersed over a large area.

BioWatch is neither discriminating enough for the one task nor sensitive enough for the other.

The system’s inherent flaws and the missing scientific work did not slow its deployment. After Bush’s speech, the White House assigned Army Maj. Gen. Stephen Reeves, whose office was responsible for developing defenses against chemical and biological attacks, to get BioWatch up and running.

Over the previous year, Reeves had overseen placement of units similar to the BioWatch samplers throughout the Washington area, including the Pentagon, where several false alarms for anthrax and plague later occurred.

Based on that work and computer modeling of the technology’s capabilities, Reeves did not see how BioWatch could reliably detect attacks smaller than, for example, a mass-volume spraying from a crop duster.

Nevertheless, the priority was to carry out Bush’s directive, swiftly.

“In the senior-level discussions, the issue of efficacy really wasn’t on the table,” recalled Reeves, who has since retired from the Army. “It was get it done, tell the president we did good, tell the nation that they’re protected.… I thought at the time this was good PR, to calm the nation down. But an effective system? Not a chance.”

Why no illness?

It wasn’t long before there was a false alarm. Over a three-day period in October 2003, three BioWatch units detected the tularemia bacterium in Houston.

Public health officials were puzzled: The region’s hospitals were not reporting anyone sick with the disease.

Dr. Mary desVignes-Kendrick, the city’s health director, wanted to question hospital officials in detail to make sure early symptoms of tularemia were not being missed or masked by a flu outbreak. But to desVignes-Kendrick’s dismay, Homeland Security officials told her not to tell the doctors and nurses what she was looking for.

“We were hampered by how much we could share on this quote-unquote secret initiative,” she said.

After a week, it was clear that the BioWatch alarm was false.

In early 2004, on the eve of the Super Bowl in Houston, BioWatch once again signaled tularemia, desVignes-Kendrick said. The sample was from a location two blocks from Reliant Stadium, where the game was to be played Feb. 1.

DesVignes-Kendrick was skeptical but she and other officials again checked with hospitals before dismissing the warning as another false alarm. The football game was played without interruption.

Nonetheless, three weeks later, Charles E. McQueary, then Homeland Security’s undersecretary for science and technology, told a House subcommittee that BioWatch was performing flawlessly.

“I am very pleased with the manner in which BioWatch has worked,” he said. “We’ve had well over half a million samples that have been taken by those sensors. We have yet to have our first false alarm.”

Asked in an interview about that statement, McQueary said his denial of any false alarm was based on his belief that the tularemia bacterium had been detected in Houston, albeit not from an attack.

“You can’t tell the machine, ‘I only want you to detect the one that comes from a terrorist,'” he said.

Whether the Houston alarms involved actual tularemia has never been determined, but researchers later reported the presence of benign relatives of the pathogen in the metropolitan area.

Fear in the capital

In late September 2005, nearly two years after the first cluster of false alarms in Houston, analysis of filters from BioWatch units on and near the National Mall in Washington indicated the presence of tularemia. Tens of thousands of people had visited the Mall that weekend for a book festival and a protest against the Iraq War. Anyone who had been infected would need antibiotics promptly.

For days, officials from the White House and Homeland Security and other federal agencies privately discussed whether to assume the signal was another false alarm and do nothing, or quarantine the Mall and urge those who had been there to get checked for tularemia.

As they waited for further tests, federal officials decided not to alert local healthcare providers to be on the lookout for symptoms, for fear of creating a panic. Homeland Security officials now say findings from lab analysis of the filters did not meet BioWatch standards for declaring an alert.

Six days after the first results, however, CDC scientists broke ranks and began alerting hospitals and clinics. That was little help to visitors who already had left town, however.

“There were 100 people on one conference call — scientists from all over, public health officials — trying to sort out what it meant,” recalled Dr. Gregg Pane, director of Washington’s health department at the time.

Discussing the incident soon thereafter, Jeffrey Stiefel, then chief BioWatch administrator for Homeland Security, said agency officials were keenly aware that false alarms could damage the system’s credibility.

“If I tell a city that they’ve got a biological event, and it’s not a biological event, you no longer trust that system, and the system is useless,” Stiefel said on videotape at a biodefense seminar at the National Institutes of Health on Oct. 6, 2005. “It has to have a high reliability.”

Ultimately, no one turned up sick with tularemia.

Culture of silence

Homeland Security officials have said little publicly about the false positives. And, citing national security and the classification of information, they have insisted that their local counterparts remain mum as well.

Dr. Jonathan Fielding, Los Angeles County’s public health director, whose department has presided over several BioWatch false positives, referred questions to Homeland Security officials.

Dr. Takashi Wada, health officer for Pasadena from 2003 to 2010, was guarded in discussing the BioWatch false positive that occurred on his watch. Wada confirmed that the detection was made, in February 2007, but would not say where in the 23-square-mile city.

“We’ve been told not to discuss it,” he said in an interview.

Dr. Karen Relucio, medical director for the San Mateo County Health Department, acknowledged there was a false positive there in 2008, but declined to elaborate. “I’m not sure it’s OK for me to talk about that,” said Relucio, who referred further questions to officials in Washington.

In Arizona, officials kept quiet when BioWatch air samplers detected the anthrax pathogen at Super Bowl XLII in February 2008.

Nothing had turned up when technicians checked the enclosed University of Phoenix Stadium before kickoff. But airborne material collected during the first half of the game tested positive for anthrax, said Lt. Col. Jack W. Beasley Jr., chief of the Arizona National Guard’s weapons of mass destruction unit.

The Guard rushed some of the genetic material to the state’s central BioWatch lab in Phoenix for further testing. Federal and state officials convened a 2 a.m. conference call, only to be told that it was another false alarm.

Although it never made the news, the incident “caused quite a stir,” Beasley said.

The director of the state lab, Victor Waddell, said he had been instructed by Homeland Security officials not to discuss the test results. “That’s considered national security,” he said.

The dreaded call

In the months before the 2008 Democratic National Convention, local, state and federal officials planned for a worst-case event in Denver, including a biological attack.

Shortly before 9 a.m. on Aug. 28, the convention’s final day, that frightening scenario seemed to have come true. That’s when Chris Lindley, of the Colorado health department, got the phone call from a colleague, saying BioWatch had detected the tularemia pathogen at the convention site.

Lindley, an epidemiologist who had led a team of Army preventive-medicine specialists in Iraq, had faced crises, but nothing like a bioterrorism attack. Within minutes, chief medical officer Ned Calonge arrived.

Calonge had little faith in BioWatch. A couple of years earlier, the health department had been turned upside down responding to what turned out to be a false alarm for Brucella, a bacterium that primarily affects cattle, on Denver’s western outskirts.

“The idea behind BioWatch — that you could put out these ambient air filters and they would provide you with the information to save people exposed to a biological attack — it’s a concept that you could only put together in theory,” Calonge said in an interview. “It’s a poorly conceived strategy for doing early detection that is inherently going to pick up false positives.”

Lindley and his team arranged a conference call with scores of officials, including representatives from Homeland Security, the Environmental Protection Agency, the Department of Health and Human Services, the Secret Service and the White House.

None of the BioWatch samplers operated by the state had registered a positive, and no unusual cases of infection appeared to have been diagnosed at area hospitals, Lindley said.

The alert had come from a Secret Service-installed sampler on the grounds of the arena where the convention was taking place. The unit was next to an area filled with satellite trucks broadcasting live news reports on the Democratic gathering. Soon, thousands of conventioneers would be walking from Pepsi Center to nearby Invesco Field to hear Obama’s acceptance speech.

Had Lindley and Calonge been asked, they said in interviews, they wouldn’t have put the BioWatch unit at this spot, where foot and vehicle traffic could stir up dust and contaminants that might set off a false alarm. As it turned out, a shade tree 12 yards from the sampler had attracted squirrels, potential carriers of tularemia.

The location near the media trailers posed another problem: how to conduct additional tests without setting off a panic.

EPA officials “said on the phone, ‘We have a team standing by, ready to go,'” Lindley recalled. But the technicians would have to wear elaborate protective gear.

The sight of emergency responders in moon suits “would have derailed the convention,” Calonge said.

…

Find this story at 7 July 2012

By David Willman, Los Angeles Times

July 7, 2012Advertisement

david.willman@latimes.com

Copyright © 2012, Los Angeles Times

MI6 role in Libyan rebels’ rendition ‘helped to strengthen al-Qaida’

Secret documents reveal British intelligence concerns and raise damaging questions about UK’s targeting of Gaddafi opponents
Britain already faces legal action over its involvement in the plot to seize Abdul Hakim Belhaj, who is now the military commander in Tripoli. Photograph: Francois Mori/AP

British intelligence believes the capture and rendition of two top Libyan rebel commanders, carried out with the involvement of MI6, strengthened al-Qaida and helped groups attacking British forces in Iraq, secret documents reveal.

The papers, discovered in the British ambassador’s abandoned residence in Tripoli, raise new and damaging questions over Britain’s role in the seizure and torture of key opponents of Muammar Gaddafi’s regime.

Britain is already facing legal actions over its involvement in the plot to seize Abdul Hakim Belhaj, leader of the Libyan Islamic Fighting Group (LIFG) who is now the military commander in Tripoli, and his deputy, Sami al-Saadi. Both men say they were tortured and jailed after being handed over to Gaddafi.

The documents reveal that British intelligence believe the pair’s rendition boosted al-Qaida by removing more moderate elements from the insurgency’s leadership. This allowed extremists to push “a relatively close-knit group” focused on overthrowing Gaddafi into joining the pan-Islamist terror network.

One document, headed “UK/Libya eyes only – Secret”, showed the security services had monitored LIFG members since their arrival in Britain following a failed attempt to kill Gaddafi in 1996, and understood their aim was the replacement of his regime with an Islamic state.

The briefing paper, prepared by the security service for a four-day MI5 visit in February 2005, said that following the seizure of its two key leaders the year before the group had been cast into a state of disarray.

“The extremists are now in the ascendancy,” the paper said, and they were “pushing the group towards a more pan-Islamic agenda inspired by AQ [al-Qaida]”.

Their “broadened” goals, it continued, were now also the destabilisation of Arab governments that were not following sharia law and the liberation of Muslim territories occupied by the west.

The 58-page document, which included names, photographs and detailed biographies of a dozen alleged LIFG members in the UK, went on to highlight “conclusions of concern” in the light of these changes.

These included the sending of money and false documents to a contact in Iran to help smuggle fighters into Iraq, where British and US forces were coming under fierce attack. “UK members have long enjoyed a reputation as the best suppliers of false documents in the worldwide extremist community,” said the report. It added that British LIFG members were becoming “increasingly ambitious” at fundraising through fast-food restaurants, fraud, property and car dealing, and raised nearly all the money for the group outside of Libya.British security also asked Gaddafi’s security forces for access to detainees and their debriefs.

Asked about the document, a Foreign Office spokesman said: “It is the government’s longstanding policy not to comment on intelligence matters.”

The LIFG eventually merged with al-Qaida in 2007. However, a second document, a secret update on Libyan extremist networks in the UK from August 2008, says the response of British members was “subdued and mixed”.

It concluded that those already supporting the wider aims of al-Qaida continued to do so, but “those with reservations retain their focus on Libya”. It added, however, that some money raised by members in Manchester may have gone to “assist operational activity”.

The cache of confidential documents – which included private letters to Gaddafi from Tony Blair, Gordon Brown and key Downing Street aides – was abandoned when the three-story residence was attacked by Gaddafi loyalists in April. .

There was also a dossier prepared by British intelligence with suggested questions for the captured men. The 39-page document, entitled Briefs for Detainees and labelled “UK Secret” on each page, was written in three sections in March, June and October 2004.

The first section is dated the month of Belhaj’s arrest, and sought answers on everything from his private life to his military training, activities in Afghanistan and links to al-Qaida. There were also personalised questions for Saadi.

The LIFG, founded by veterans of the mujahideen’s war against the Soviet invasion of Afghanistan, was for many years the most serious internal threat to Gaddafi, coming close to blowing up the dictator with a car bomb in his home town of Sirte in 1996. The government denied claims by David Shayler, the renegade British spy, that this assassination attempt was funded by British intelligence.

After Gaddafi’s clampdown on the group, dozens of dissidents were allowed to settle in Britain. London only designated the LIFG a terrorist organisation after Libya said it was abandoning its weapons of mass destruction programme in 2003. The move is understood to have been agreed as part of the negotiations with Gaddafi’s regime that paved the way to the controversial Blair deal.

Belhaj, now a key figure in liberated Libya, is preparing to sue Britain after other documents discovered in the wake of Gaddafi’s fall indicated that MI6 assisted in his rendition to torture and brutal treatment from the CIA and Gaddafi’s regime.

MI6 informed the CIA of his whereabouts after his associates told British diplomats in Malaysia he wanted to claim asylum in Britain.

He was allowed to board a flight to London, then abducted when his aircraft landed at Bangkok.

…

Find this story at 24 October 2011 

 

Ian Birrell
guardian.co.uk, Monday 24 October 2011 20.28 BST

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

 

Mysterious fatal crash offers rare look at U.S. commando presence in Mali

In pre-dawn darkness, a Toyota Land Cruiser skidded off a bridge in North Africa in the spring, plunging into the Niger River. When rescuers arrived, they found the bodies of three U.S. Army commandos — alongside three dead women.

What the men were doing in the impoverished country of Mali, and why they were still there a month after the United States suspended military relations with its government, is at the crux of a mystery that officials have not fully explained even 10 weeks later.

At the very least, the April 20 accident exposed a team of Special Operations forces that had been working for months in Mali, a Saharan country racked by civil war and a rising Islamist insurgency. More broadly, the crash has provided a rare glimpse of elite U.S. commando units in North Africa, where they have been secretly engaged in counterterrorism actions against al-Qaeda affiliates.

The Obama administration has not publicly acknowledged the existence of the missions, although it has spoken in general about plans to rely on Special Operations forces as a cornerstone of its global counterterrorism strategy. In recent years, the Pentagon has swelled the ranks and resources of the Special Operations Command, which includes such units as the Navy SEALs and the Army’s Delta Force, even as the overall number of U.S. troops is shrinking.

At the same time, the crash in Mali has revealed some details of the commandos’ clandestine activities that apparently had little to do with counterterrorism. The women killed in the wreck were identified as Moroccan prostitutes who had been riding with the soldiers, according to a senior Army official and a U.S. counterterrorism consultant briefed on the incident, both of whom spoke on the condition of anonymity because of the sensitivity of the matter.

The Army’s Criminal Investigation Command, which is conducting a probe of the fatal plunge off the Martyrs Bridge in Bamako, the capital of Mali, said it does not suspect foul play but has “not completely ruled it out.” Other Army officials cited poor road conditions and excessive speed as the likely cause of the 5 a.m. crash.

U.S. officials have revealed few details about the soldiers’ mission or their backgrounds, beyond a brief news release announcing their deaths hours after the accident.

In many countries, including most in Africa, Special Operations forces work openly to distribute humanitarian aid and train local militaries. At times, the civil-affairs assignments can provide credible cover for clandestine counterterrorism units.

But in Mali, U.S. military personnel had ceased all training and civil-affairs work by the end of March, about a week after the country’s democratically elected president was overthrown in a military coup.

The military’s Africa Command, which oversees operations on the continent, said the three service members killed were among “a small number of personnel” who had been aiding the Malian military before the coup and had remained in the country to “provide assistance to the U.S. Embassy” and “maintain situational awareness on the unfolding events.”

Megan Larson-Kone, a public affairs officer for the U.S. Embassy in Mali, said the soldiers had stayed in Bamako because they were “winding down” civil-
affairs programs in the aftermath of the coup while holding out hope “that things would turn around quickly” so they could resume their work.

Two of the soldiers, Capt. Daniel H. Utley, 33, and Sgt. 1st Class Marciano E. Myrthil, 39, were members of the 91st Civil Affairs Battalion, 95th Civil Affairs Brigade, which is based at Fort Bragg, N.C.

For two months after the crash, the U.S. military withheld the identity of the third soldier killed. In response to inquiries from The Washington Post, the Army named him as Master Sgt. Trevor J. Bast, 39, a communications technician with the Intelligence and Security Command at Fort Belvoir.

The Intelligence and Security Command is a little-known and secretive branch of the Army that specializes in communications intercepts. Its personnel often work closely with the military’s Joint Special Operations Command, which oversees missions to capture or kill terrorism suspects overseas.

During his two decades of service, Bast revealed little about the nature of his work to his family. “He did not tell us a lot about his life, and we respected that for security purposes,” his mother, Thelma Bast of Gaylord, Mich., said in a brief interview. “We never asked questions, and that’s the honest truth.”

Haven for Islamist militants

U.S. counterterrorism officials have long worried about Mali, a weakly governed country of 14.5 million people that has served as a refuge for Islamist militants allied with al-Qaeda.

With only 6,000 poorly equipped troops, the Malian armed forces have always struggled to maintain control of their territory, about twice the size of Texas. Repeated famines and rebellions by Tuareg nomads only exacerbated the instability.

About six years ago, the Pentagon began bolstering its overt aid and training programs in Mali, as well as its clandestine operations.

Under a classified program code-named Creek Sand, dozens of U.S. personnel and contractors were deployed to West Africa to conduct surveillance missions over the country with single-
engine aircraft designed to look like civilian passenger planes.

In addition, the military flew spy flights over Mali and other countries in the region with longer-range P-3 Orion aircraft based in the Mediterranean, according to classified U.S. diplomatic cables obtained by the anti-secrecy group WikiLeaks.

In what would have represented a significant escalation of U.S. military involvement in Mali, the Pentagon also considered a secret plan in 2009 to embed American commandos with Malian ground troops, diplomatic cables show.

Under that program, code-named Oasis Enabler, U.S. military advisers would conduct anti-terrorism operations alongside elite, American-trained Malian units. But the idea was rejected by Gillian A. Milovanovic, the ambassador to Mali at the time.

In an October 2009 meeting in Bamako with Vice Adm. Robert T. Moeller, deputy chief of the Africa Command, the ambassador called the plan “extremely problematic,” adding that it could create a popular backlash and “risk infuriating” neighbors such as Algeria.

Furthermore, Milovanovic warned that the U.S. advisers “would likely serve as lightning rods, exposing themselves and the Malian contingents to specific risk,” according to a State Department cable summarizing the meeting.

Moeller replied that he “regretted” that the ambassador had not been kept better informed and said Oasis Enabler was “a work in progress.” It is unclear whether the plan was carried out.

Since then, however, security in Mali has deteriorated sharply. After the coup in March, extremist Muslim guerrillas in northern Mali declared an independent Islamist state. They have imposed sharia law and have begun enforcing strict social codes that include compulsory beards for men and a ban on television.

In the fabled desert city of Timbuktu, al-Qaeda sympathizers have destroyed ancient mausoleums and attacked other shrines as part of a religious cleansing campaign. Western aid workers have abandoned the northern half of the country after a string of kidnappings.

Thousands of Malians have fled to refugee camps in neighboring countries.

A fatal plunge

The three soldiers riding through Bamako in April had rented their 2010 Toyota Land Cruiser from a local agency, according to written statements provided to The Post by the Special Operations Command at Fort Bragg.

Bast was in the driver’s seat and was headed south across the Martyrs Bridge. Preliminary investigative results determined that he lost control of the Land Cruiser, which broke through the bridge’s guard rail and landed in the river below.

Also in the vehicle were three Moroccan women, according to the Army’s statement. Contributing factors in the accident, the Army said, were limited visibility and “a probable evasive maneuver on the part of the vehicle’s driver to avoid impacting with slower moving traffic.”

The soldiers died of “blunt force trauma” when the vehicle landed upside down in the shallow river, crushing the roof, the Army said.

The Special Operations Command said it could not answer questions about where the soldiers were going, nor why they were traveling with the unidentified Moroccan women, saying the matter is under investigation.

Larson-Kone, the embassy spokeswoman, said the soldiers were on “personal, not business-related travel” at the time, but she declined to provide details. Officials from the Africa Command also said that they did not know who the women were, but they added in a statement: “From what we know now, we have no reason to believe these women were engaged in acts of prostitution.”

Coincidentally, the incident occurred less than a week after President Obama’s visit to a summit in Cartagena, Colombia, where U.S. military personnel and Secret Service agents became embroiled in a scandal involving prostitutes.

Little details not adding up

At least two of the soldiers in Mali had been trained as communications or intelligence specialists.

Bast, the master sergeant, was a ham radio hobbyist who originally joined the Navy before switching to the Army several years ago. An Army spokesman described him as a “communications expert” and said he was posthumously given the Meritorious Service Medal but declined to say why.

Myrthil was a native of Haiti who joined the Army two decades ago. Military officials released virtually no details about his service record.

Utley, the captain, was a Kentucky native who joined the Army in 2002 to work as a signals and communications officer but later transferred to the Special Forces.

Friends said he had expected to deploy to Afghanistan last summer but received last-minute orders to go to Africa instead. His Mali assignment was scheduled to end this spring but was extended, they said.

Three weeks after the coup, on April 11, Utley sent a brief e-mail to a friend from college, Chris Atzinger, to report that he was all right and that he would write more later.

…

Find this story at 9 July 2012

By Craig Whitlock, Monday, July 9, 3:04 AM

Dana Priest and Julie Tate contributed to this report.

© The Washington Post Company

Former CIA spy boss made an unhesitating call to destroy interrogation tapes

The first and only time I met Jose A. Rodriguez Jr., he was still undercover and in charge of the Central Intelligence Agency’s all-powerful operations directorate. The agency had summoned me to its Langley headquarters and his mission was to talk me out of running an article I had just finished reporting about CIA secret prisons — the “black sites” abroad where the agency put al-Qaeda terrorists so they could be interrogated in isolation, beyond the reach and protections of U.S. law.

The scene I walked into in November 2005 struck me as incongruous. The man sitting in the middle of the navy blue colonial-style sofa looked like a big-city police detective stuffed uncomfortably into a tailored suit. His face was pockmarked, his dark mustache too big to be stylish. He was not one of the polished career bureaucrats who populate the halls of power in Washington.

In fact, he fit perfectly the description given by my sources: hardworking but not smooth, loyal to the institution and now, probably, beyond his depth. He was as surprised as anyone that he had risen so quickly to the senior ranks after the Sept. 11, 2001, attacks, according to the account of his decades-long spy career in “Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives.” The book is due out Monday, after an exclusive interview Sunday night on CBS’s “60 Minutes.” The Washington Post obtained a copy this week.

Shortly after the 2001 attacks, the CIA set up the secret prisons in Afghanistan, Thailand and several Eastern European countries for the explicit purpose of keeping detainees picked up on the battlefield or in other countries away from the U.S. justice system, which would grant them some protections against, among other things, torture or otherwise harsh treatment. In an effort to force these detainees to give their handlers information about terrorist plots, CIA interrogators subjected some of them to sleep and food deprivation, incessant loud noise and waterboarding.

By the time we met, those techniques were no longer in use. Rodriguez had not dealt with American reporters, he writes, but then-CIA Director Porter J. Goss had asked him to meet with me “to see if I could convince her that such a story would harm U.S. national security, put some of our allies around the world in a very difficult position, and potentially disrupt a program that was providing intelligence that was producing real results and helping to keep the country safe.”

What Rodriguez remembers from our conversation, according to his book, is that I brought him a copy of a book I had written about the U.S. military in an effort to butter him up. “That failed to soften my stance on the lack of wisdom of her proceeding with her article as planned,” he wrote, and “I could see I was not winning her over.” I remember bringing the book because I figured he didn’t know one reporter from the next, and I wanted him to know that I did in-depth work and didn’t want to just hear the talking points.

A blunt explanation

It became clear immediately that Rodriguez never even got the talking points, which was refreshing and surprising. Right away he began divulging awkward truths that other senior officers had tried to obfuscate in our conversations about the secret prisons: “In many cases they are violating their own laws by helping us,” he offered, according to notes I took at the time.

Why not bring the detainees to trial?

“Because they would get lawyered up, and our job, first and foremost, is to obtain information.”

(Shortly after our conversation, The Post’s senior editors were called to the White House to discuss the article with President George W. Bush and his national security team. Days later, the newspaper published the story, without naming the countries where the prisons were located.)

Rodriguez may have never felt the need to even reveal himself publicly or to write a book, complete with family photos, giving his version of many of the unconventional — and eventually repudiated — practices that the CIA engaged in after Sept. 11 had it not been for what happened shortly after our conversation.

Concerned that the location of one of the prisons was about to be revealed, Rodriguez writes that he ordered the facility closed immediately and the detainees moved to a new site. While dismantling the site, the base chief asked Rodriguez if she could throw a pile of old videotapes, made during the early days of terrorist Abu Zubaida’s interrogation and waterboarding, and now a couple of years old, onto a nearby bonfire that was set to destroy papers and other evidence of the agency’s presence.

Just at that moment, according to his account, a cable from headquarters came in saying: “Hold up on the tapes. We think they should be retained for a little while longer.”

“Had that message been delayed by even a few minutes,” Rodriguez writes, “my life in the years following would have been considerably easier.”

Those actions led to a lengthy and still ongoing investigation of the agency that produced no charges. Rodriguez retired in January 2008 and now works in the private sector.

A tough CIA veteran

Rodriguez was born in Puerto Rico, the son of two teachers. He was educated at the University of Florida, where he also received a law degree before being recruited by the CIA. He once gained the confidence of a dictator in a Latin American country because of his gutsy horseback riding skills. He worked as the chief of station in several countries he does not name, and was sent to El Salvador during its bloody civil war (which he glosses over completely) and to Panama, where he pitched the idea of recruiting Panamanian strongman Manuel Noriega’s witch doctor and putting him on the CIA payroll to persuade the dictator to retire to Spain. The CIA director at the time wasn’t impressed and instead, in 1989, “the United States followed a more traditional path: a military invasion.”

On Sept. 11, 2001, he did what legions of CIA officers not at work that day did: He rushed into headquarters, even as people were being evacuated, and pitched in. Rodriguez ended up in the Counterterrorism Center, which quickly went from a backwater posting to the center of the universe at the agency.

As CIA operations officers and analysts scrambled to figure out more about al-Qaeda and to plan a counterattack, Rodriguez was in the eye of the storm. “Hard Measures” takes readers through a highly sanitized — censored by the CIA, actually — version of events.

Although many details are left out and most of the outlines of what Rodriguez writes will not come as news to close readers of newspapers, he does not shy away from addressing the most controversial parts of what became the largest covert action program in U.S. history: the secret decisions to capture suspected terrorists on the battlefield or on the streets and make them disappear from the face of the Earth. Using a fleet of airplanes, the CIA bundled its captives into a netherworld no one else had access to, flew them around the world, deposited them in secret underground prisons where it could control their every move and use especially harsh interrogation methods on some of the most senior prisoners.

Many CIA officers had misgivings about these practices and what they might mean for America’s reputation around the world. Not Rodriguez. He is unabashedly confident that he and the agency did the right thing and saved lives in the process.

“I am certain, beyond any doubt, that these techniques, approved at the highest levels of the U.S. government, certified by the Department of Justice, and briefed to and supported by bipartisan leadership of congressional intelligence oversight committees, shielded the people of the United States from harm and led to the capture of killing of Usama bin Ladin.”

Of course, it is impossible to know this for certain, and many people inside and outside government — some of them involved in interrogations — have argued that with better-trained interrogators and more patience, the same information could have been obtained without such harsh methods.

The most newsworthy part of the book is a chapter in which Rodriguez explains how he came to order the destruction of 92 videotapes of the interrogation of Abu Zubaida.

The Senate Select Committee on Intelligence has nearly completed a four-year-long review of the CIA’s post-Sept. 11 detention and interrogation practices.

Shredding the tapes

Rodriguez writes that he ordered the tapes’ destruction because he got tired of waiting for his superiors to make a decision. They had at least twice given him the go-ahead, then backed off. In the meantime, a senior agency attorney cited “grave national security reasons” for destroying the material and said the tapes presented ‘“grave risk” to the personal safety of our officers” whose identities could be seen on the recordings.

In late April 2004, another event forced his hand, he writes. Photos of the abuse of prisoners by Army soldiers at the Abu Ghraib prison in Iraq ignited the Arab world and risked being confused with the CIA’s program, which was run very differently.

“We knew that if the photos of CIA officers conducting authorized EIT [enhanced interrogation techniques] ever got out, the difference between a legal, authorized, necessary, and safe program and the mindless actions of some MPs [military police] would be buried by the impact of the images.

“The propaganda damage to the image of America would be immense. But the main concern then, and always, was for the safety of my officers.”

Readers may disagree with much of what Rodriguez writes and with the importance of some of the facts he omits from his book, but the above sentence speaks volumes about why this book is important. In this case, a loyal civil servant — and the decision-makers above him who blessed these programs — were not thinking about the larger, longer-lasting damage to the core values of the United States that disclosure of these secrets might cause. They were thinking about the near term. About efficiency. About the safety of friends and colleagues. In their minds, they were thinking, too, about the safety of the country.

…

Find this story at 25 April 2012

By Dana Priest, Published: April 25

© The Washington Post Company

CIA agreement touted as evidence in ‘black sites’ investigation

A partially signed agreement between Poland’s intelligence service and CIA provides central evidence in the ongoing investigation into alleged ‘black sites’ in Poland.

According to a source at the Krakow Prosecutor’s Office that is handling the investigation, the document was prepared in late 2001, early 2002, in the wake of the September 11 attacks on the US.

The Americans “did not want to leave traces [of evidence]” the source told Polish daily Gazeta Wyborcza, commenting on the fact that the document was only signed by former head of Poland’s Intelligence Agency (ABW), Zbigniew Siemiatkowski.

When queried about the document, Siemiatkowski stated that if his signature is present, it means that the document is classified, and that he is unable to talk about it. He did not confirm the existence of such an agreement.

Meanwhile, Adam Bodnar of the Helsinki Foundation – a human rights body that is monitoring the case – told that the paper that lack of an American signature does not invalidate the document as key evidence.

“The simple fact that the document was prepared attests to the fact that it there was a will [to create the CIA prisons], and that people who were aware of it, also knew about its contents.”

Accusations and denials

In 2011, the Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, made an unequivocal statement on the matter.

“It is clear that Poland hosted secret CIA prisons between December 2002 and September 2003. We know who was held there and what interrogation methods were used. They can be described as torture.”

Leszek Miller was prime minister of Poland at that time, at the head of the Democratic Left Alliance (SLD) government.

He has repeatedly denied knowledge of such a site, which is alleged to have been located in a villa near the Stare Kiejkuty military base in north east Poland.

…

 

Find this story at 19 June 2012 

19.06.2012 10:58

Copyright © Polskie Radio S.A

Exclusive: Senate probe finds little evidence of effective “torture”

(Reuters) – A nearly three-year-long investigation by Senate Intelligence Committee Democrats is expected to find there is little evidence the harsh “enhanced interrogation techniques” the CIA used on high-value prisoners produced counter-terrorism breakthroughs.

 

People familiar with the inquiry said committee investigators, who have been poring over records from the administration of President George W. Bush, believe they do not substantiate claims by some Bush supporters that the harsh interrogations led to counter-terrorism coups.

 

The backers of such techniques, which include “water-boarding,” sleep deprivation and other practices critics call torture, maintain they have led to the disruption of major terror plots and the capture of al Qaeda leaders.

 

One official said investigators found “no evidence” such enhanced interrogations played “any significant role” in the years-long intelligence operations which led to the discovery and killing of Osama bin Laden last May by U.S. Navy SEALs.

 

President Barack Obama and his aides have largely sought to avoid revisiting Bush administration controversies. But the debate over the effectiveness of enhanced interrogations, which human rights advocates condemn as torture, is resurfacing, in part thanks to a new book by a former top CIA official.

 

In the book, “Hard Measures,” due to be published on Monday, April 30, the former chief of CIA clandestine operations Jose Rodriguez defends the use of interrogation practices including water-boarding, which involves pouring water on a subject’s face, which is covered with a cloth, to simulate drowning.

 

“We made some al-Qaeda terrorists with American blood on their hands uncomfortable for a few days,” Rodriguez says in an interview with CBS News’ “60 Minutes” that will air on Sunday, April 29. “I am very secure in what we did and am very confident that what we did saved American lives.”

 

For nearly three years, the Senate intelligence committee’s majority Democrats have been conducting what is described as the first systematic investigation of the effectiveness of such extreme interrogation techniques.

 

NO SCIENTIFIC ASSESSMENT

 

The CIA gave the committee access to millions of pages of written records charting daily operations of the interrogation program, including graphic descriptions of how and when controversial techniques were employed.

 

Sources agreed to discuss the matter on condition of anonymity because the report has not been finalized.

 

The committee members’ objective is to conduct a methodical assessment of whether enhanced interrogation techniques led to genuine intelligence breakthroughs or whether they produced more false leads than good ones.

 

U.S.intelligence officials have acknowledged that while the harshest elements of the interrogation program, including water-boarding and other tactics which cause severe physical stress, were in use, the CIA never carried out a scientific assessment of the program’s effectiveness.

 

The Bush Administration only used water-boarding on three captured suspects. One of them was Khalid Sheikh Mohammed, the mastermind of the September 11, 2001 attacks.

 

Other coercive techniques included sleep deprivation, making people crouch or stretch in stressful positions and slamming detainees against a flexible wall.

 

The CIA started backing away from such techniques in 2004. Obama banned them shortly after taking office.

 

One source cautioned there could still be lengthy delays before any information or conclusions from the Senate committee’s report are made public.

 

One reason the inquiry has taken so long is that in 2009, committee Republicans withdrew their participation, saying the panel would be unable to interview witnesses to ensure documentary material was reported in appropriate context due to ongoing criminal investigations.

 

People familiar with the inquiry said it consisted of as much as 2,000 pages in narrative accounts of how the CIA interrogation program worked, including specific case histories in which enhanced interrogation tactics were used.

 

‘PROCEDURES’ UNJUSTIFIED: FEINSTEIN

 

The Intelligence committee has not issued any official statements about what its inquiry has found or when it expects to wrap up. But committee chair Sen. Dianne Feinstein has made relatively strong statements about the lack of evidence that enhanced interrogations played any material role in generating information leading to bin Laden’s killing.

 

Only days after the commando raid in which bin Laden was killed, Feinstein told journalists: “I happen to know a good deal about how those interrogations were conducted, and, in my view, nothing justifies the kind of procedures that were used.”

 

Current and formerU.S.officials have said one key source for information about the existence of the al Qaeda “courier” who ultimately ledU.S.intelligence to bin Laden was Khalid Sheikh Mohammed.

 

KSM, as he was known toU.S.officials, was subjected to water-boarding 183 times, theU.S.government has acknowledged.

 

Officials said, however, that it was not until sometime after he was water-boarded that KSM told interrogators about the courier’s existence. Therefore a direct link between the physically coercive techniques and critical information is unproven, Bush administration critics say.

 

Supporters of the CIA program, including former Vice President Dick Cheney, have portrayed it as a necessary, if distasteful, step that may have stopped extremist plots and saved lives.

 

…

 

 

Find this story at 27 April 2012

 

Fri, Apr 27 2012

By Mark Hosenball

(Editing by Todd Eastham)

 

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U.S. Security Expands Presence at Foreign Airports

SHANNON, Ireland — An ocean away from the United States, travelers flying out of the international airport here on the west coast of Ireland are confronting one of the newest lines of defense in the war on terrorism: the United States border.

In a section of this airport carved out for the Department of Homeland Security, passengers are screened for explosives and cleared to enter the United States by American Customs and Border Protection officers before boarding. When they land, the passengers walk straight off the plane into the terminal without going through border checks.

At other foreign airports, including those in Madrid, Panama City and Tokyo, American officers advise the local authorities. American programs in other cities expedite travel for passengers regarded as low-risk.

The programs reflect the Obama administration’s ambitious effort to tighten security in the face of repeated attempts by Al Qaeda and other terrorists to blow up planes headed to the United States from foreign airports.

The thinking is simple: By placing officers in foreign countries and effectively pushing the United States border thousands of miles beyond the country’s shores, Americans have more control over screening and security. And it is far better to sort out who is on a flight before it takes off than after a catastrophe occurs.

“It’s a really big deal — it would be like us saying you can have foreign law enforcement operating in a U.S. facility with all the privileges given to law enforcement, but we are going to do it on your territory and on our rules,” the secretary of the Department of Homeland Security, Janet Napolitano, said on a flight back to the United States from the Middle East, where she negotiated with leaders in Israel and Jordan about joint airport security programs. “So you flip it around, and you realize it is a big deal for a country to agree to that. It is also an expensive proposition.”

Airports in 14 countries are participating in the programs, which have been expanded over the last several years and have required substantial concessions from foreign leaders. In many cases they have agreed to allow American officers to be placed in the heart of their airports and to give them the authority to carry weapons, detain passengers and pull them off flights.

Last December, the government of Abu Dhabi signed a letter of intent to build a terminal where American officers will clear passengers to enter the United States, the most ambitious agreement the United States has struck so far with an Arab country. On her recent trip to Jordan, Ms. Napolitano began negotiations with the ruling family there about similar efforts.

Representative Peter T. King, the New York Republican who is chairman of the House Committee on Homeland Security, endorsed the overseas security efforts and said he hoped the department would expand them. “A lot of these attempts are coming from the Middle East,” he said, referring to terrorism plots, “and that drives home that we have an immediate problem and that we need to push for these programs there as hard as we can.”

The Obama administration sped up expansion of the programs, which cost about $115 million a year, after a Qaeda operative tried to detonate explosives hidden in his underwear on a flight from Amsterdam to Detroit on Dec. 25, 2009. The security at foreign airports drew more public attention last month after new reports that intelligence agencies had thwarted another plot by Al Qaeda to detonate an underwear bomb on an American-bound airliner. After that news emerged, Ms. Napolitano said the new measures being put in place in foreign airports for flights to the United States would have stopped a terrorist from boarding a plane with such a bomb.

But critics of the department on Capitol Hill — particularly two Republican committee chairmen in the House, Darrell Issa of California and John L. Mica of Florida — questioned her claims and said that security in foreign airports is not robust enough.

Ms. Napolitano and other Obama administration officials praise the programs as essential to help protect the 80 million passengers a year who fly to the United States from 300 foreign airports, and as a boon for travelers, who save time after landing,

Still, as with many other counterterrorism measures, it is hard to gauge the programs’ success or their impact on Al Qaeda and other terrorists. They have not foiled any major plots so far, and it is hard to imagine terrorists unaware of which airports had a robust American security presence and which were more vulnerable.

Homeland Security officials acknowledge that the United States cannot control security in every airport in the world. The focus, they said, was on expanding an American presence at airports with a significant number of United States-bound flights.

The officials said that of the roughly 30 million travelers who passed through foreign airports with American Customs and Border Protection officers over the past two years, about 500 were deemed national security risks and were turned away or pulled aside for further questioning. Over the same period, about 18,000 air travelers were denied admission to the United States for reasons like having a criminal record or lacking a proper visa.

At Shannon, where American officers have checked passports since 1986, passengers bound for the United States first pass through the Irish government’s airport security and then through three levels of American security: one to check for explosives in shoes and carry-on luggage, then to get clearance to enter the United States, and finally to ensure that checked baggage does not contain contraband.

The biggest problem for the United States is that it cannot compel foreign governments to strengthen security at their airports. But the United States limits flights from foreign airports that do not meet minimum security standards and screen passengers using procedures modeled after those of the Transportation Security Administration.

American officers at foreign airports constitute the next level of security, and the “gold standard” is an arrangement like the one at Shannon, with comprehensive preboarding clearance.

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Find this story at 13 June 2012

June 13, 2012

By MICHAEL S. SCHMIDT

© 2012 The New York Times Company