Yet More Cell Phones IDed in Program that Purportedly Doesn’t Get Cell Phones

For another purpose, I’m reviewing Robert Mueller’s declaration in support of the government’s report to the FISA Court in 2009, attempting to get full phone dragnet privileges turned back on. (starting on PDF 91)

As part of it, Mueller provides narratives about 4 FBI investigations that became full investigations as a result of phone dragnet data.

One of those (the first, starting on PDF 102) is Basaaly Moalin. As I’ve already noted, that involved the connection of at least one and almost certainly two T-Mobile cell phone users to a phone used by Somali warlord Aden Ayro.

While the declaration’s redaction on this point is inconsistent, it does confirm cell phones were involved in the chain between Ayro and Moalin (and may suggest Moalin was identified on a 3rd degree connection, not 2nd as court documents had seemed to imply).

Screen shot 2014-04-20 at 10.13.08 AM

 

But the description of another case, ultimately involving a selector who got killed off, involved another cell phone.

 

Screen shot 2014-04-20 at 10.01.42 AM

 

Of course, in this case, the newly identified cell phone could be an AT&T cell, and there seems to be no claim that those aren’t collected under the phone dragnet.

Altogether, unredacted sections of Mueller’s narrative mention cell phones 6 times, and a number of the redactions appear likely to hide others. A number of those, mind you, are probably foreign cells, which were likely collected under EO 12333. But given that 12333 data was mixed with (and, indeed, indistinguishable from to the NSA at that point) Section 215 data, claims the database couldn’t accept cell data seem clearly wrong.

Still, given all the credulous claims that the phone dragnet has not been collecting cell data, it seems rather relevant that FBI’s own discussions of the phone dragnet successes involve so many cell phones.

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Obama White House Sponsors Young and Rich Narcissistic 1% Fucktards That Will Ruin the World

Proving it is never too late to shine your lame duck ass for a new generation of 1% oligarchs, Barack Obama laid open the real constituency of national politicians. And proved certain any inference that such was only the constituency and province of the GOP, Koch Brothers et. al is false.

If this is not stupid and ugly to the common Democratic fanchild, it is hard to imagine what is, or could be. From the New York Times hagiography:

On a crisp morning in late March, an elite group of 100 young philanthropists and heirs to billionaire family fortunes filed into a cozy auditorium at the White House.

Their name tags read like a catalog of the country’s wealthiest and most influential clans: Rockefeller, Pritzker, Marriott. They were there for a discreet, invitation-only summit hosted by the Obama administration to find common ground between the public sector and the so-called next-generation philanthropists, many of whom stand to inherit billions in private wealth.

“Moon shots!” one administration official said, kicking off the day on an inspirational note to embrace the White House as a partner and catalyst for putting their personal idealism into practice.

“Moon shots!”

I guess the Obama White House couldn’t fathom a better phrase for coming in their pants over big money.

If there is a more sick comment on the perverted state of US national politics, it is hard to imagine what it would be.

We are ruled by a bunch of oligarchs, and political handmaidens that kiss the oligarch’s asses and hew their beck and call. If the fact the great once and forever symbol of the common citizen “hope and change”, Barack Obama, is such a distant leader, constantly beholden to not only the future of the moneyed class, but the current too, then there is no reality for the American public.

The well-heeled group seemed receptive. “I think it’s fantastic,” said Patrick Gage, a 19-year-old heir to the multibillion-dollar Carlson hotel and hospitality fortune. “I’ve never seen anything like this before.” Mr. Gage, physically boyish with naturally swooping Bieber bangs, wore a conservative pinstripe suit and a white oxford shirt. His family’s Carlson company, which owns Radisson hotels, Country Inns and Suites, T.G.I. Friday’s and other brands, is an industry leader in enforcing measures to combat trafficking and involuntary prostitution.

Oh my. And holy crap.

The New York Times penned a factual report of this sick instance. Will the New York Times, Washington Post, Wall Street Journal, or any of the other august opinion pages of national press, deign themselves honest enough to write opinion and/or editorial pieces recognizing this political cancer for what it really is?

If you did not view the video, and listen to the lyrics in the video above, do so. Because that is exactly the class of “super citizens” your elected leaders are beholden to. The handful of billionaires count for far more than the actual billions of people on this earth.

Want proof? Look no further than the “liberal”, “socialist”, “Democratic” Obama White House, who just demonstrated the problem in Technicolor.

And, before you chafe, of course it would be even worse with Republicans in charge. But the question is no longer just which party is in control of the levers of power (though it DOES matter for SCOTUS), but where the values of the country really are.

It is almost impossible to fathom the country’s values are with the pimple faced, Bieber banged, teenager scions of billionaires the Obama White House so calmly and cooly glad-hands.

[Seriously, watch the video from the one, the only, fantastic Tubes:

Young and rich
Everything I desire
Light bulbs with shades
in every room
And work is play--believe me
Nothing must come too hard
It comes in the mail
most everyday

Maybe our leaders should find a more representative, and morally balanced, set of leaders for the future.]

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In 2009, DOJ Claimed Its Lawyers Could Not Read Docket Numbers in 2007

Some time ago, I noted that DOJ appears not to have provided the classified report on Section 215 for the Judiciary and Intelligence Committees mandated by the 2006 PATRIOT Act Reauthorization to Congress in 2009 to 2011. Instead of being sent to the Chairs of the Committees, the reports for those years were simply “filed.”

DOJ continued to provide Congress the unclassified FISA report, which included much of the same information about the numbers of Section 215 orders approved and modified.

But those reports would not have included two critical details: the fact that the sharply increasing number of modifications pertained to the FISC’s imposition of minimization procedures, suggesting collection in some bulk.

And the number of sensitive Section 215 orders issued under the following categories.

(A) Library circulation records, library patron lists, book sales records, or book customer lists.

(B) Firearms sales records.

(C) Tax return records.

(D) Educational records.

(E) Medical records containing information that would identify a person.

So for the years 2008 to 2010, even two of four designated oversight committees did not learn these details (the Intelligence Committees are required to get details on every request, but who knows if that requirement was met?).

In that post, I also noted a problem with 2007′s numbers, as well, a problem DOJ readily admitted in the unclassified report issued in 2009 (supposedly covering 2008).

In its 2008 report, the Department reported to Congress that during Calendar year 2007, the Govermnent made-six applications to the FISC for access to certain business records (including the production of tangible things) for foreign intelligence purposes. Further review of the Government’s records subsequently revealed that the Government had made seventeen applications to the FISC for access to certain business records. The FISC did not deny, in whole or in part, any such application filed by the Government during calendar year 2007.

“Further review revealed.”

Bullshit.

I’m just now realizing how utterly unbelievable this is.

You see, the way the docket works, each new request has its own docket number, so to count the requests you need only count the dockets.

The last docket in the phone dragnet is BR 07-16, issued October 18, 2007 (meaning there was just one more business record docket that year). There is no conceivable way DOJ could not very simply have come up with the correct number for both reports to Congress by looking at the final docket number, which should have been 17. Which means Congress may never have gotten the proper classified detail on those additional 11 requests.

DOJ hid — purposely, necessarily, based on the way the dockets work — the details on sensitive requests to Congress in 2007. Then they appear to have hid the sensitive requests for the following three years. Given that John Bates is copied on the first request thereafter, it appears he may have made them finally fulfill the letter of the law.

They clearly were hiding something about their other Section 215 requests, for four full years.

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Intelligence Response to KSM’s Claim Intelligence Supersedes Justice Holds Up His Own Trial

Matt Apuzzo collects the thoughts of a number of people who are getting frustrated with the way the CIA and FBI (though I suspect it might be CIA and CIA) keep holding up the Gitmo show trials.

Most damning of them is this quote from top military justice lawyer professor, Eugene Fidell.

“It’s a courtroom with three benches,” said Eugene R. Fidell, who teaches military justice at Yale Law School. “There’s one person pretending to be the judge, and two other agencies behind the scenes exerting at least as much influence.”

That assessment is not all that far from the claim Khalid Sheikh Mohammed made in the propaganda tract behind this latest delay.

Every democratic country in the west has a constitution, an executive branch, a judicial branch, and a legislative branch. They also have a big black box above and beyond these branches that implements all that it sees as being in the interest of the country or ruling party without consideration for any constitution, morality, religion, or principle. This black box is called Intelligence and its authority supersedes all other considerations.

The Kangaroo Court trying KSM is proving him right. That’s not a good thing.

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Detention of Mutasim Agha Jan by UAE Now Confirmed, Basis Unknown

On Tuesday, I noted that Mutasim Agha Jan had gone missing in Dubai while attempting to work toward negotiations between the Afghan Taliban and Afghanistan’s High Peace Council. Multiple outlets now are reporting on the Peace Council having confirmed that Mutasim was indeed detained by authorities in the UAE. Here is Khaama Press on the confirmation:

The Afghan High Council has confirmed that the former Taliban leader Agha Jan Mutasim has been held in United Arab Emirates (UAE).

Agha Jan Mutasim has been missing in United Arab Emirates during the past several days. He was a senior Taliban leader and was supporting the Afghan peace process with the Taliban group.

Afghan High Peace Council following a statement said the detention of Agha Jan Mutasim clarifies that certain elements in the region are disrupting the Afghan peace talks.

The statement further added that those individuals, who are struggling to resume Afghan peace process, have been victimized.

The High Peace Council insisted that Afghan peace talks should take place inside Afghanistan and negotiations have taken place with the UAE officials to end limitations and resolve the issue of Agha Jan Mutasim.

Note that the High Peace Council accuses “certain elements in the region” of “disrupting the Afghan peace talks”. We also get a similar accusation from Karzai’s office. From today’s Washington Post, there is this:

“Known and secret enemies of peace in Afghanistan continue sabotaging our peace process,” Aimal Faizi, Karzai’s spokesman, said Thursday. He did not specify who he thought was responsible, but Afghan officials often accuse neighboring Pakistan of abetting insurgents and stymieing peace efforts.

In that regard, it is very interesting to see an opposition political figure in Pakistan speaking out today against Pakistan’s military supporting the Afghan Taliban: Continue reading

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DOJ Inspector General Investigating DEA’s Use of Parallel Construction under Hemisphere

Screen Shot 2014-04-18 at 11.02.49 AMAs I noted in my last post, DOJ’s Inspector General recently created a page showing their ongoing investigations. It shows some things not described in Inspector General Michael Horowitz’ last report to Congress.

Of particular interest is this investigation.

Administrative Subpoenas

The OIG is examining the DEA’s use of administrative subpoenas to obtain broad collections of data or information. The review will address the legal authority for the acquisition or use of these data collections; the existence and effectiveness of any policies and procedural safeguards established with respect to the collection, use, and retention of the data; the creation, dissemination, and usefulness of any products generated from the data; and the use of “parallel construction” or other techniques to protect the confidentiality of these programs.

The description doesn’t say it, but this is Hemisphere, the program under which DEA submits administrative subpoenas to AT&T for phone records from any carrier that uses AT&T’s backbone. DEA gets information matching burner phones as well as the call records. In addition, it gets some geolocation — and continued to increase what it was getting even after US v Jones raised concerns about such tracking.

The presentation on Hemisphere makes it very clear the government uses “parallel construction” to hide Hemisphere.

Protecting the Program: When a complete set of CDRs are subpoenaed from the carrier, then all memorialized references to relevant and pertinent calls can be attributed to the carrier’s records, thus “walling off” the information obtained from Hemisphere. In other words, Hemisphere can easily be protected if it is used as a pointed system to uncover relevant numbers.

Exigent Circumstances — Protecting the Program: In special cases, we realize that it might not be possible to obtain subpoenaed phone records that will “wall off” Hemisphere. In these special circumstances, the Hemisphere analyst should be contacted immediately. The analyst will work with the investigator and request a separate subpoena to AT&T.

Official Reporting — Protecting the Program: All requestors are instructed to never refer to Hemisphere in any official document. If there is no alternative to referencing a Hemisphere request, then the results should be referenced as information obtained from an AT&T subpoena.

And this is not the only area where DEA Is using parallel construction to hide where it gets its investigative leads. Reuters reported in August that DEA also uses parallel construction to hide the leads it gets from purportedly national security-related wiretapping.

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin – not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence – information that could reveal entrapment, mistakes or biased witnesses.

[snip]

The two senior DEA officials, who spoke on behalf of the agency but only on condition of anonymity, said the process is kept secret to protect sources and investigative methods. “Parallel construction is a law enforcement technique we use every day,” one official said. “It’s decades old, a bedrock concept.”

A dozen current or former federal agents interviewed by Reuters confirmed they had used parallel construction during their careers. Most defended the practice; some said they understood why those outside law enforcement might be concerned.

Presuming that Horowitz is investigating whether DEA’s extensive use of parallel construction complies with the Constitution (and not, as is possible, whether the sources of this information are being adequately buried), this is welcome news indeed.

But it’s also one of several reasons why I’m particularly alarmed, in retrospect, that Horowitz is complaining about his ability to get grand jury information without having to get either Attorney General Holder or Deputy Attorney General James Cole to personally approve it.

After all, the only way you can learn what truly happens in prosecutions that have used parallel construction to hide their sources is to work backward from the actual prosecution. Continue reading

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Surprise! DOJ IG’s 1,403 Day Old Section 215 Investigation Had a Baby!

As longtime readers know, I have long tracked a DOJ Inspector General investigation into FBI’s use of Section 215 and other PATRIOT Act authorities.

  • June 2010: Then DOJ IG Glenn Fine lays out investigation
  • June 2013: Transition to Michael Horowitz stalls PATRIOT investigation
  • August 2013: The investigation has been ongoing
  • September 2013: Pat Leahy calls for an IC IG investigation into 215 and 702; IC IG Charles McCullough declines
  • December 2013: Horowitz states current investigation limited by AG/DNI declassification of earlier reports

A good healthy obsession!

Since it’s been a while — the investigation is now 1,403 days old — yesterday I decided to nag the IG office.

They were mum on when we might finally see the report. Instead of offering details, they directed me to their new (apparently brand spanking new) “in the interest of transparency” page on their ongoing work.

It shows the long-promised report, still focusing on Section 215 use through 2009, as well as NSLs and pen register.

Use of National Security Letters, Section 215 Orders, and Pen Register and Trap-and-Trace Authorities under FISA from 2007 through 2009

The OIG is again examining the FBI’s use of NSLs and Section 215 orders for business records. This review is assessing the FBI’s progress in responding to the OIG’s recommendations in its first and second reports on the FBI’s use of NSLs and its report on the FBI’s improper use of exigent letters and other informal means to obtain telephone records. A focus of this review is the NSL subsystem, an automated workflow system for NSLs that all FBI field offices and headquarters divisions have been required to use since January 1, 2008, and the effectiveness of the subsystem in reducing or eliminating noncompliance with applicable authorities. The current review is also examining the number of NSLs issued and Section 215 applications filed by the FBI between 2007 and 2009, and any improper or illegal uses of these authorities. In addition, the review is examining the FBI’s use of its pen register and trap-and-trace authority under FISA.

But it also shows a report not mentioned in Michael Horowitz’ last report.

A report on the dragnet.

Bulk Telephony Review

The OIG is reviewing the FBI’s use of information derived from the National Security Agency’s (NSA) collection of telephony metadata obtained from certain telecommunications service providers under Section 215 of the Patriot Act. The review will examine the FBI’s procedures for receiving, processing, and disseminating leads the NSA develops from the metadata, and any changes that have been made to these procedures over time. The review will also examine how FBI field offices respond to leads, and the scope and type of information field offices collect as a result of any investigative activity that is initiated. In addition, the review will examine the role the leads have had in FBI counterterrorism efforts.

In truth, this investigation may not be all that distinct from the known PATRIOT authorities investigation. The minimization procedures for both – and therefore the way the information gets used, an issue central to both investigations — appear to be the same. And to the extent that the number of 215 orders with minimization procedures has been growing since 2010 indicates the FBI is collecting other information in bulk, the programs may well interrelate.

At first, I thought that this investigation, with the very significant exception of the way the dragnet serves to identify informants, might not reveal anything that problematic. Upon review, I’m not so sure. I’ll explain why in a follow-up report.

The one big difference between the two investigations, however (and I’ll discuss this at more length in the follow-up), is that dragnet investigation, unlike the PATRIOT Authority one, appears not to be time delimited. Whereas the older investigation only looks at practices through 2009, the dragnet investigation appears to be examining on-going practices. It seems to be investigating all the 215-related issues identified by Pat Leahy that the IC IG should investigate that come under DOJ’s jurisdiction.

So bad news good news! DOJ is still, 1,403 days later, investigating how the FBI used PATRIOT Act authorities 5 years ago, meaning more recent developments are not getting much attention.

But there is a potentially related investigation looking at what the FBI ingests from the phone dragnet (at least the small part relating to Section 215) right now.

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The DOJ Inspector General’s Difficulties Getting Grand Jury Information

I’m about to do a series of posts on several investigations of DOJ’s Inspector General, Michael Horowitz.

Before I do that, however, I want to call attention to Horowitz’ recent complaints — most notably at a Senate Appropriations Hearing on April 3 — about limits on his ability to get grand jury information.

In the exchange above, Senator Richard Shelby asked Horowitz about the problem.

Shelby: Do you believe that you, the Inspector General of the Department of Justice, should have to seek approval of the Attorney General to access grand jury documents or any documents relevant to ongoing investigations?

Horowitz: I don’t, Senator. It’s inconsistent in my view with the–

Shelby: With your mandate, is it?

Horowitz: Correct–

Shelby: Because even though it’s the Justice Department, but it could be any department, if you have to go to the head of the department — the Secretary — for example, cabinet level position to approve what you’re seeking, it seems that could be, under dire circumstances, an impediment to doing your job.

Horowitz: Well, and ultimately, that’s correct, and ultimately, the letters that we’ve gotten from the Attorney General and Deputy Attorney General giving us access have focused on finding that the review was important to their oversight of the department. The Act sets it up such a way that oversight decisions should be made by Inspectors General not by the Secretaries or cabinet heads.

Horowitz had described the problem in his testimony to the Senate Appropriations Committee as well (and he mentioned Fast & Furious, to be sure to get Republicans to take notice).

However, there have been occasions when our office has had issues arise with timely access to certain records due to the Department’s view that access was limited by other laws. For example, issues arose in the course of our review of Operation Fast and Furious regarding access to grand jury and wiretap information that was directly relevant to our review. Similar issues arose during our ongoing review of the Department’s use of Material Witness Warrants. Ultimately, in each instance, the Attorney General or the Deputy Attorney General provided the OIG with permission to receive the materials because they concluded that the two reviews were of assistance to them. The Attorney General and Deputy Attorney General have also made it clear that they will continue to provide the OIG with the necessary authorizations to enable us to obtain records in future reviews, which we of course appreciate. However, requiring an Inspector General to rely on permission from Department leadership in order to review critical documents in the Department’s possession impairs the Inspector General’s independence and conflicts with the core principles of the Inspector General Act.

We have had similar issues raised regarding our access to some other categories of documents.

And the issue came up when Holder testified to the House Judiciary Committee the following week (as I said, mentioning Fast & Furious is like catnip for Republicans).

Horowitz sure seems intent on drawing immediate attention to this issue, which I agree is pretty significant.

As I will show, Horowitz is currently conducting at least two investigations that will or already do require fairly broad access to grand jury investigations. I wouldn’t be surprised if the two things were connected.

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A Guide to John Rizzo’s Lies, For Lazy Journalists

By my count, John Rizzo completes his first lie in his purported “memoir,” Company Man, at the 64th word:

55: Zubaydah

56: was

57: a

58: senior

59: figure

60: in

61: the

62: Al

63: Qaeda

64: hierarchy

Zubaydah complained in his diary (see page 84) before he was captured in 2002 that he was being called Osama bin Laden’s heir when he wasn’t even a member of al Qaeda. And in his Combatant Status Review Board hearing in 2007 (see page 27), Zubaydah described his interrogators admitting he wasn’t Al Qaeda’s number 3, not even a partner. And in a 2009 habeas document the government calls Zubaydah an Al Qaeda affiliate, not a member (see 35 to 36 and related requests).

And yet Rizzo tells this lie right in the first paragraph of his book.

Granted, I’m more sympathetic to this lie than many of Rizzo’s other lies. I understand why he must continue telling it.

Back in 2002, Rizzo told John Yoo that Abu Zubaydah was a top al Qaeda figure during the drafting of the August 1, 2002 Bybee Memo authorizing torture. And based on that information, Yoo wrote,

As we understand it, Zubaydah is one of the highest ranking members of the al Qaeda terrorist organization, with which the United States is currently engaged in an international armed conflict following the attacks on the World Trade Center and the Pentagon on September 11, 2001.

[snip]

Our advice is based upon the following facts, which you have provided to us. We also understand that you do not have any facts in your possession contrary to the facts outlined here, and this opinion is limited to these facts. If these facts were to change, this advice would not necessarily apply.

[snip]

Zubaydah, though only 31, rose quickly from very low level mujahedin to third or fourth man in al Qaeda. He has served as Usama Bin Laden’s senior lieutenant.

If Rizzo were to admit that the representations he made to Yoo back in 2002 were false, then the legal sanction CIA got to conduct torture would crumble.

And unlike a lot of the lies CIA — and John Rizzo in particular — told DOJ during the life of the torture program, I’m not absolutely certain CIA knew this one to be a lie when they told it. CIA (and FBI) definitely believed Zubaydah was a high ranking al Qaeda figure when they caught him. In his CSRT, Zubaydah describes admitting he was al Qaeda’s number 3 under torture. Though it’s not clear whether that was the torture that took place before or after the memo authorizing that torture got written, raising the possibility that CIA presented lies Zubaydah told under torture to DOJ to get authorization for the torture they had already committed. But by the time of the memo, CIA had also had 4 months to to read Zubaydah’s diaries, which make such matters clear (and had it in their possession, so that by itself should invalidate the memo). So they should have and probably did know, but I think it marginally conceivable they did not.

Still, that doesn’t excuse journalists who have these facts available to them yet treat Rizzo as an honest interlocutor, as James Rosen is only the latest in a long line of journalists to do.

So as a service to those journalists who aren’t doing the basic work they need to do on this story, I thought I’d make a list of the documented lies Rizzo tells just in the first 10 pages of his “memoir.” These don’t include items that may be errors or lies. These don’t include everything that I have strong reason to believe is a lie or that we know to be lies but don’t yet have official documentation to prove it. They include only the lies that are disproven by CIA and other official documents that have been in the public domain for years.

These lies, like Rizzo’s lie about Abu Zubaydah’s role in 9/11, also serve important purposes in the false narrative the torturers have told.

I’ve gone through this exercise (I’m contemplating a much longer analysis of all the lies Rizzo told, but it makes me nauseous thinking about it) to point out that any journalist who treats him as an honest interlocutor, accepting his answers — he made some of the same claims to Rosen as he made here — as credible without real challenge is just acting as a CIA propagandist.

Don’t take my word for it — take the CIA’s word, as many of Rizzo’s claims are disproven by CIA’s own documents!

Update, April 21: Ben Wittes, in his review of this tract: “Rizzo is just being honest.” To be fair, Wittes appears to have meant it to describe Rizzo’s unvarying viewpoint, always serving his loyalty to the CIA. But in a review that doesn’t mention Rizzo’s serial lies, it’s embarrassing.


(1) Abu Zubaydah was not CIA’s first significant “catch.” Ibn Sheikh al-Libi was, though the CIA outsourced his torture to the Egyptians.

(3) Correspondence describes tapes of Abu Zubaydah’s torture in April 2002, not July 2002, as Rizzo claims. (see PDF 1)

(3-4) Obviously, CIA had another option besides torture: to let the FBI continue interrogating Zubaydah. Even if you don’t believe FBI had the success they claim to have had, they were an alternative that Rizzo makes no mention of.

(4) The first torture memo was not the August 1, 2002 one. Yoo wrote a shorter fax on July 13, 2002, which (according to the OPR Report) is actually the memo CTC’s lawyers relied on for their guidance to the torturers.

(5) Jose Rodriguez did not decide to destroy the tapes in October; he decided on September 5, the day after first briefing Nancy Pelosi on torture (without having told her they had already engaged in it).

(5) CIA did not follow the guidelines laid out in the Bybee memo for waterboarding, as CIA’s IG determined in 2004, and at least by the time the CIA IG reviewed the tapes, there was a great deal censored via damage, turning off the camera, or taping over of the content.(see PDF 42 and this post)

(6) The Gang of Eight was not briefed in 2002; only the Gang of Four (the Intelligence Committee heads) was. According to CIA’s own records, only one Congressional leader got a timely briefing, Bill Frist in 2004 (though Pelosi was briefed as HPSCI Ranking Member in 2002).

(8) John McPherson did not review the tapes after Christmas, 2002; he reviewed them about a month earlier. (see this post and linked underlying documents)

(8) Jay Rockefeller was not briefed in January 2003; only a staffer of his was. See this post for all the lies they told Pat Roberts in that briefing.

(9) While John Helgerson did not write about techniques that had not been authorized, he did describe that the waterboard as performed did not follow the guidelines given by DOJ. (see PDF 42) Rizzo also doesn’t note Helgerson’s observations about the tampering done to the tapes, which may have hidden unauthorized techniques.

(10) It is false that the 9/11 Commission Report relied heavily on Abu Zubaydah’s interrogations. They are cited just 10 times, and at least one of those was not corroborated.

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Will Illegality of Nashiri Torture Get Exposed?

Carol Rosenberg reports the very big news that Judge James Pohl has ordered the government to turn over to Abd al Rahim al-Nashiri’s lawyers top secret information on  the torture their client endured.

The judge’s order instructs prosecutors to provide nine categories of closely guarded classified CIA information to the lawyers — including the names of agents, interrogators and medical personnel who worked at the so-called black sites. The order covers “locations, personnel and communications” as well as cables between the black sites and headquarters that sought and approved so-called enhanced interrogation techniques, the two sources said.

It does not, however, order the government to turn over Office of Legal Counsel memos that both blessed and defined the so-called Torture Program that sent CIA captives to secret interrogations across the world after the Sept. 11, 2001 attacks — out of reach of International Committee of the Red Cross delegates.

“It’s a nuclear bomb that may shut down the case,” said one person who read the order and is not a part of the Cole case.

I find Pohl’s decision to order this in Nashiri’s case whereas he has not made equivalent orders in the 9/11 case of particular interest. Perhaps he will once public releases back WaPo’s report that CIA subjected Ammar al-Baluchi to ice drowning not sanctioned by any DOJ memo.

But in Nashiri’s case, we have reason to believe that CIA realized right away they had broken the law with Nashiri. His treatment generated the referral to CIA IG John Helgerson. And the only technique John Yoo rejected was mock burial, which may have implications for the mock execution Nashiri endured.

I’m also quite interested in two other details. First, there are conflicting reports about how long Nashiri was subject to torture in in the UAE. I’m curious if this is part of the chronology at issue.

And finally, remember that even Papa Dick Cheney and his daughter don’t claim waterboarding worked with Nashiri. We’ve never learned why not, though there are hints he may have had medical problems with the waterboard. Which makes Pohl’s order about the doctors present particularly interesting too.

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Emptywheel Twitterverse

emptywheel @richardSFO True. Tho not sure if you saw him w/Execs fr Comcast and TW. Pretty great at hammering them on lies abt merger.
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emptywheel Of a book that starts lying at word 64, http://t.co/YfPsXVeVpN @benjaminwittes says, "Rizzo is just being honest." http://t.co/b3JtB1eSdo
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bmaz @LegallyErin Hang in there!
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bmaz @arcsine Yes, that is how I read it too; which, considering how they communicate, makes sense. @MichaelKelleyBI
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bmaz @MichaelKelleyBI Think DB article very disingenuously constructed+ that you have no way of supporting your claim short of rank supposition
3hreplyretweetfavorite
bmaz @adamsteinbaugh Good grief, good way to exacerbate the initial pain.
4hreplyretweetfavorite
bmaz @MichaelKelleyBI Good of you to assign who they are with no evidence.
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bmaz @Ali_Gharib Them "helping him craft the question" is not in there. @MichaelKelleyBI just pulled that out of vapor @NoahShachtman @benwizner
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bmaz @Ali_Gharib Other than that it is disingenuous+unsupported for @MichaelKelleyBI tonasser they contributed. @NoahShachtman @benwizner
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bmaz @ammartin33 Agree has been some degree of a shift. But think the Danger Room guys always went out of their way to stay close to govt sources
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bmaz @kgosztola @thedailybeast Exactly. That said, looks to me like DB+Schachtman puffed the hell out of what was said.
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