Terrorism

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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

Is This the Missing WikiLeaks PayPal Order?

As I noted in this post, the declaration submitted in EFF’s FOIA for Section 215 by ODNI’s Jennifer Hudson is remarkably revealing. I’m particularly intrigued by these comments about the financial dragnet order released on March 28.

A FISC Supplemental Order in BR 10-82, dated November 23, 2010 and consisting of two pages, has been withheld in part to protect certain classified and law enforcement sensitive information. The case underlying BR 10-82 is an FBI counterterrorism investigation of a specific target. That investigation is still pending. Here, in the course of a pending counterterrorism investigation, the FBI sought authorization under the FISA to obtain financial records, under the FISA’s business records provision, pertaining to the target of the investigation and in fact obtained such authorization.

[snip]

Here, in the course of a pending counterterrorism investigation, the FBI sought authorization under the FISA to obtain certain financial records. The FISC Supplemental Order, which was issued in relation to its authorization for such collection, was thus compiled for law enforcement purposes, in furtherance of a national security investigation within the FBI’s authorized law enforcement duties.

[snip]

Here, the FBI has determined that the release of the final paragraph of the order, which describes certain requirements reflecting the FBI’s particular implementation of the authority granted by the FISC, could reasonably be expected to adversely impact the pending investigation and any resulting prosecutions. Release of this paragraph would reveal the specific and unique implementation requirements imposed on the FBI under this FISA-authorized collection during a particular time period. It is unclear what and how much the target might already know about the FBI’s investigation. However, as more fully explained in my classified ex parte, in camera declaration, there is reason to believe that the target or others knowledgeable about the nature and timing of the investigation could piece together this information, the docket number, the dates of the collection, and other information which has already been released or deduced to assemble a picture that would reveal to the target that the target was the subject of a particular type of intelligence collection during a specific time period, and by extension, that the target’s associates during that period may have been subject to similar intelligence collections. This could lead the target to deduce the scope, focus, and direction of the FBI’s investigative efforts, and potentially any gaps in the collections, from which the target could deduce times when the target’s activities were “safe.” [my emphasis]

The bolded section says that certain people — the target, but also “others knowledgeable about the nature and timing of the investigation” — could put the financial dragnet request together with other information released or deduced to figure out that the target and his associates had had their financial data collected.

Gosh, that’s like waving a flag at anyone who might be “knowledgeable about the nature of the investigation.”

What counterterrorism investigation has generated sufficient attention such that not only the target, but outsiders, would recognize this order pertains the investigation in question? The investigation would be:

  • A counterterrorism investigation
  • In relatively early stages on November 23, 2010
  • Used financial records in a potentially novel way, perhaps to identify affiliates of the target
  • Still going on

The CIA & etc. Money Order Orders

One obvious possibility is the generalized CIA investigation into Western Union and international money transfers reported by WSJ and NYT last year. While both stories said the CIA got these orders, I suggested it likely that FBI submitted the orders and disseminated the information as broadly as FBI’s information sharing rules allowed, not least because CIA has no analytical advantage on such orders, as NSA would have for the phone dragnet.

There are two reasons this is unlikely. First, there’s the timing. The WSJ version of the story, at least, suggested this had been going on some time, before 2010. If that’s the case, then there’s no reason to believe a new order in 2010 reviewed this issue. And while I don’t think the 2010 order necessarily indicates the first financial 215 order (after all, it took 2.5 years before FISC weighed the equivalent question in the phone dragnet), it is unlikely that this order comes from an existing program.

That’s true, too, because this seems to be tied to a specific investigation, rather than the enterprise counterterrorism investigation that underlies the phone dragnet (and presumably the CIA program). So while this practice generated enough attention to be the investigation, I doubt it is.

The Scary Car Broker Plot

Then there’s what I call the Scary Car Broker Plot, which I wrote about here. Basically, it’s a giant investigation into drug trafficking from Colombia through Western Africa that contributes some money to Hezbollah and therefore has been treated as a terror terror terror investigation when in reality it is a drug investigation. Treasury named Ayman Joumaa, the ultimate target of that investigation, a Specially Designated Trafficker in February 2011, so presumably the investigation was very active in November 2010, when FISC issued the order. The case’s domestic component involves the car broker businesses of a slew of (probably completely innocent) Lebanese-Americans, who did business with the larger network via wire transfers.

The Car Buyers also received wire transfers for the purpose of buying and shipping used cars from other account holders at the Lebanese Banks (“Additional Transferors”), including the OFAC-designated Phenicia Shipping (Offshore); Ali Salhab and Yasmin Shipping & Trading; Fadi Star and its owners, Mohammad Hammoud and Fadi Hammoudi Fakih for General Trade, Khodor Fakih, and Ali Fakih; and Youssef Nehme.

Perhaps most interesting, the government got at these businessmen by suing them, rather than charging them, which raised significant Fifth Amendment Issues. So between that tactic and Joumaa’s rather celebrated status, I believe this is a possible case. And the timing — from 2007 until 2011, when Joumaa got listed — would certainly make sense.

All that said, this aspect of the investigation was made public in the suit naming the car brokers, so FBI would be hard-pressed to claim that providing more details would compromise the investigation.

HSBC’s Material Support for Terrorism

Then there’s a very enticing possibility: that this is an investigation into HSBC for its material support for terrorism, in the form of providing cash dollars to the al Rajhi bank which went on to support terrorist attacks (including 9/11).

HSBC’s wrist slap for money laundering is one of the most noted legal atrocities in recent memory, but most people focus on the bank’s role laundering money for drug cartels. Yet as I’ve always emphasized, HSBC also played a key role in providing money to al Qaeda-related terrorists.

As the Permanent Subcommittee on Investigations’ report made clear, HSBC’s material support for terror continued until 2010.

After the 9-11 terrorist attack in 2001, evidence began to emerge that Al Rajhi Bank and some of its owners had links to financing organizations associated with terrorism, including evidence that the bank’s key founder was an early financial benefactor of al Qaeda. In 2005, HSBC announced internally that its affiliates should sever ties with Al Rajhi Bank, but then reversed itself four months later, leaving the decision up to each affiliate. HSBC Middle East, among other HSBC affiliates, continued to do business with the bank.

Due to terrorist financing concerns, HBUS closed the correspondent banking and banknotes accounts it had provided to Al Rajhi Bank. For nearly two years, HBUS Compliance personnel resisted pressure from HSBC personnel in the Middle East and United States to resume business ties with Al Rajhi Bank. In December 2006, however, after Al Rajhi Bank threatened to pull all of its business from HSBC unless it regained access to HBUS’ U.S. banknotes program, HBUS agreed to resume supplying Al Rajhi Bank with shipments of U.S. dollars. Despite ongoing troubling information, HBUS provided nearly $1 billion in U.S. dollars to Al Rajhi Bank until 2010, when HSBC decided, on a global basis, to exit the U.S. banknotes business. HBUS also supplied U.S. dollars to two other banks, Islami Bank Bangladesh Ltd. and Social Islami Bank, despite evidence of links to terrorist financing. Each of these specific cases shows how a global bank can pressure its U.S. affiliate to provide banks in countries at high risk of terrorist financing with access to U.S. dollars and the U.S. financial system. [my emphasis]

Now, the timing may match up here, and I’d really love for a bankster to be busted for supporting terrorism. Plus, an ongoing investigation into this part of HSBC’s crimes might explain why Lanny Breuer said nothing about it when he announced the settlement with HSBC. But I doubt this is the investigation. That’s because former Treasury Undersecretary for Terrorism and Financial Intelligence Stuart Levey moved to HSBC after this point in time, in large part in a thus-far futile attempt to try to clean up the bank. And I can’t imagine a lawyer could ethically take on this role while (presumably) knowing about such seizures. Moreover, as the PSI report made clear, there are abundant other ways to get at the kind of data at issue in the HSBC investigation without Section 215 orders.

Who am I kidding? This DOJ won’t ever really investigate a bank!

WikiLeaks the Aider of Al Qaeda 

I realize these three possibilities do not exhaust the list of sufficiently significant and sufficiently old terrorism investigations that might be the target named in the order. So I’m happy to hear other possibilities.

But there is one other investigation that is a near perfect fit for almost all the description provided by Hudson: WikiLeaks.

As I’ve reported, EPIC sued to enforce a FOIA for records the FBI has on investigations into WikiLeaks supporters. The FOIA asked for and FBI did not deny having, among other things, financial records.

All records of any agency communications with financial services companies including, but not limited to Visa, MasterCard, and PayPal, regarding lists of individuals who have demonstrated, through monetary donations or other means, support or interest in WikiLeaks.

In addition to withholding information that they apparently have because of an ongoing investigation (though the Judge has required the government to confirm it is still ongoing by April 25), the government also claimed exemption under a statute that they bizarrely refused to name. I speculated four months before Edward Snowden’s leaks that that statute was Section 215.

And the timing on this investigation is a perfect fit. On November 3, 2010, Joint Terrorism Task Force Officer Darin Louck seized David House’s computer as he came across the border from Mexico. While House refused to give the government his encryption passwords, the seizure makes it clear FBI was targeting WikiLeaks supporters. Then, according Alexa O’Brien, on November 21, 2010, a report on the upcoming Cablegate release was included in President Obama’s Daily Brief. The government spent the weeks leading up to the first releases in Cablegate on November 28, 2010 scrambling to understand what might be in them. On December 4, PayPal started refusing donations to WikiLeaks. And on December 6, Eric Holder stated publicly he had authorized extraordinary investigative measures “just last week.”

Nor would he say whether the actions involved search warrants, requests under the Foreign Intelligence Surveillance Act, which authorizes wiretaps or other means, describing them only as “significant.”

“I authorized just last week a number of things to be done so that we can, hopefully, get to the bottom of this and hold people accountable as they should be,” he said.

December 6 was a Monday and technically Tuesday, November 23 would have been 2 weeks earlier, just 2 days before Thanksgiving. But a Section 215 order doesn’t require AG approval, and indeed, dragnet orders often generate leads for more intrusive kinds of surveillance.

Moreover, according to Hudson’s declaration, this order did precisely what EPIC’s FOIA seems to confirm FBI did, investigate not just Julian Assange, but also his associates (also known as supporters), including WikiLeaks donors.

The only thing — and it is a significant thing — that would suggest this guess is wrong is Hudson’s description of this as a “counterterrorism” investigation and not a “counterespionage” investigation (which is how Holder was discussing it in December 2010).

But that doesn’t necessarily rule WikiLeaks out. As noted above, already by early November 2010, the FBI had JTTF agents involved in the investigation. And central to the government’s failed claim that Chelsea Manning had aided the enemy was that she had made the Afghan war logs available knowing (from the DIA report she accessed) that the government worried about al Qaeda accessing such things, and that some Afghan war logs were found at Osama bin Laden’s compound. So the government clearly has treated its WikiLeaks investigation as a counterterrorism investigation.

Moreover, all Hudson’s declaration claims is that the government currently considers this a counterterrorism investigation. Section 215 can be used for counterintelligence investigations (as I’ve noted over and over). Since the Osama bin Laden raid revealed al Qaeda had accessed cables, the government has maintained that it does involve al Qaeda. So it may be that Hudson’s reference to the investigation as a counterterrorism investigation only refers to its current status, and not the status used to obtain the order in 2010.

That said, Hudson also provided a classified version of her statement to Judge Yvonne Gonzales Rogers, and I can’t imagine she’d try to pitch the WikiLeaks case as a counterterrorism one if a judge actually got to check her work. But you never know!

It’s likely that I’m forgetting a very obviously publicly known counterterrorism investigation.

But I think it possible that either the Scary Car Broker plot or WikiLeaks is the target named in the order.

Dangerous Censored Documents, in Soviet Russia and War on Terror America

Yesterday, in announcing the public release of documents relating to CIA’s publication of a Russian edition of Dr. Zhivago, the CIA bragged (justifiably) about its Cold War success in making books Warsaw Pact governments had banned available within those countries.

In a memo dated April 24, 1958 a senior CIA officer wrote: “We have the opportunity to make Soviet citizens wonder what is wrong with their government when a fine literary work by the man acknowledged to be the greatest living Russian writer is not even available in his own country [and] in his own language for his people to read.”

[snip]

Obtaining, publishing, and distributing banned books like Doctor Zhivago was an important Cold War-era success story for the CIA.

Even as CIA was declassifying the documents underlying Peter Finn’s book on this topic, the 9/11 Gitmo trial was being stalled, once again, by issues arising from the Court’s fragile Constitutional foundation.

The issue, this time, makes for ironic comparison with CIA’s boasts of making banned texts available to societies where the government was too fragile to release such texts.

On Monday, the 9/11 defense lawyers revealed that their Defense Security Officer had been recruited as an informant by the FBI as part of an investigation into how an unclassified 36-page tract written by Khalid Sheikh Mohammed became available to the HuffPo.

The Gitmo prosecutors claim to have no knowledge of the FBI investigation.

At Monday’s hearing, the judge pointedly asked the prosecutor, Army Brig. Gen. Mark Martins, if his prosecution team was “aware of this visit” by two agents to the bin al Shibh team member’s house on Sunday, April 6, to question him after church. At issue, in part, was how the Huffington Post and Britain’s Channel 4 television got a copy of the Mohammed commentary.

“No, we were not,” Martins replied — even before the judge had finished his question.

[snip]

At the prison, spokesman Navy Cmdr. John Filostrat on Monday night replied to a question of whether the prison staff asked the FBI to investigate the document this way: “I am unaware of any investigation and won’t get into ongoing legal proceedings, anyway.”

Tuesday, a Pentagon spokesman said that while Martins did give the FBI the copy of the Mohammed document neither the chief prosecutor “nor the prosecution team had any idea that an investigation was launched.”

“He gave it to the FBI to maintain as evidence in event that there could at some point be an investigation,” said Army Lt. Col. Todd Breasseale, “and in the event that it is determined that releasing [Mohammed’s 36-page commentary] was unlawful.”

Nevertheless, it appears someone requested an investigation into the disclosure. And DOJ’s part of the prosecution team suggests the judge would infringe on Executive Branch privileges if he investigates the FBI investigation.

Separately, a lead case prosecutor, Ed Ryan of the Justice Department warned the judge against asking to question the FBI agents who visited a defense team member.

“Your Honor is suggesting that you want to investigate an ongoing investigation. There are numerous government privileges that would be at stake,” Ryan said at the hearing. “I think the commission would be greatly mistaken to go down a road of trying to look inside an ongoing investigation being conducted by the Federal Bureau of Investigation if, in fact, one exists.”

Defense Attorneys also complained that a (perhaps now former) member of the Prosecution team is the Chief of Staff to FBI Deputy Director Mark Giuliano.

And then finally, there’s a member of the trial team, Ms. Baltes, who is also — who also serves as the Chief of Staff to the Deputy Director of the FBI. And I appreciate counsel’s unequivocal statement that the prosecution was not aware of this investigation, did not know — did not know that an investigation was taking place and did not direct FBI agents to go and try to penetrate Mr. Harrington’s team, but somebody did, and somebody at the FBI did. And I don’t think it’s too much of a leap to imagine that when a member of the trial team has a dual role as the Chief of Staff to the Deputy Director of the FBI, that there could be an interface there, and I think it would be appropriate to examine Ms. Baltes as well.

Joanna Baltes happens to have been the lawyer who, in January, refused to admit in public that the CIA had installed a means to censor Gitmo proceedings, unbeknownst to the Judge. Is she, once again, answering to the CIA above and beyond her obligations to a court purportedly delivering independent justice?

So our attempt to hold the perpetrators for 9/11 responsible for their crimes has once again ground to a halt as the Judge investigates whether and why (and at whose behest) the FBI is investigating the release of KSM’s unclassified writings.

Americans might ask, like Russians before them, “wonder what is wrong with their government” that we must delay justice in the 9/11 attack because someone made a shitty tract from KSM publicly available.

Don’t get me wrong. Unlike Boris Pasternak’s novel, KSM’s tract is not literature, not even close. Continue reading

The Terror Networks and the Hate Criminals

In response to Frazier Glenn Miller’s arrest in the murder of 3 people at Jewish targets the other day, Peter Bergen reminds that white supremacist terrorists have been more dangerous in recent years than Islamic terrorists.

Now let’s do the thought experiment in which instead of shouting “Heil Hitler” after he was arrested, the suspect had shouted “Allahu Akbar.” Only two days before the first anniversary of the Boston Marathon bombings, this simple switch of words would surely have greatly increased the extent and type of coverage the incident received.

Yet the death toll in the shootings in Kansas is similar to that of last year’s Boston Marathon bombings, where three people were killed and the suspects later killed a police officer as they tried to evade capture. (Many more, of course, were also wounded in the Boston attacks; 16 men, women and children lost limbs.)

In fact, since 9/11 extremists affiliated with a variety of far-right wing ideologies, including white supremacists, anti-abortion extremists and anti-government militants, have killed more people in the United States than have extremists motivated by al Qaeda’s ideology. According to a count by the New America Foundation, right wing extremists have killed 34 people in the United States for political reasons since 9/11. (The total includes the latest shootings in Kansas, which are being classified as a hate crime).

By contrast, terrorists motivated by al Qaeda’s ideology have killed 23 people in the United States since 9/11.

But, as Bergen notes, thus far these murders have been called “hate crimes,” not terrorism.

That’s particularly interesting given this remarkable report from HuffPo’s Ryan Reilly, while he was still at TPM. Back in 2012, Reilly interviewed Miller about his contacts with Kevin Harpham, the MLK bomber. As Reilly notes, Federal prosecutors had used Harpham’s contacts with Miller to argue for harsher sentencing.

Less than a week after 36-year-old Kevin Harpham was arrested for allegedly attempting a racially motivated bombing of a 2011 Martin Luther King Jr. parade in Spokane, white supremacist leader Glenn Miller sent him a letter offering to help start a legal fund on his behalf.

“Keep your chin up and stay strong,” Miller wrote in a letter dated March 14, telling Harpham that he and other members of an online white supremacist forum believed he’d “been set up.”

[snip]

Federal prosecutors used Miller’s jailhouse letter and Harpham’s response — in which he said he might have Miller screen individuals as he looked for “someone to house sit for a while” – as one of the factors that “supports the imposition of a sentence that will maximize the time the Defendant is incarcerated and subject to judicial oversight.”

Evidently Harpham’s lawyers soon informed him it probably wasn’t a good idea to be sending letters to a well-known white supremacist while in jail accused of a hate crime, as he didn’t respond to any of Miller’s follow up letters.

“He’s kind of let me know he doesn’t want anything to do with me,” Miller said. “It’s not in his self interest to associate with me, and I can understand that, can’t you?” [my emphasis]

As I noted at the time, the FBI called Harpham a “lone wolf” “hate criminal.” That, in spite of the fact that the crime to which he plead guilty — attempted use of a WMD — is one of FBI’s favorite “terrorist” crimes with which to entrap young Muslims, and in spite of the fact that Harpham’s contacts with Miller and his abundant online activity showed him to be a part of a network sharing the same ideology.

Harpham was one of the few white people convicted of a terrorist enhancement crime (the 3 anarchists tied to Occupy who discussed bombing a bridge were also found guilty on WMD charges; both the Hutaree and Schaeffer Cox were initially charged with terrorist-associated crimes, but not found guilty of them; see this a post for Dianne Feinstein’s catalog of such crimes). Whether the FBI called Harpham one or not, he is technically a terrorist.

Just two years ago, they made a big deal out of Harpham’s ties to Miller and used that to substantiate the severity of Harpham’s crimes. Yet not only did the FBI not catch Miller in a sting before he killed. But they’re not even calling Miller a terrorist … yet.

Miller and Harpham were participants in the same kind of network the FBI uses, if they’re Muslim, to identify targets for increased law enforcement attention. Harpham was convicted as a terrorist, in part, based on his ties to Miller.

And yet no one stopped Miller before he (allegedly) killed.

Who Nabbed Mutasim Agha Jan in Dubai?

While the mainstream press finally catches up to the fact that there were indeed hundreds of violent attacks on election day in Afghanistan (even though hippies could find the data over a week ago), there is yet another disturbing development in the efforts to hold talks between Afghanistan’s High Peace Council and the Afghan Taliban. I noted nearly a year ago that Mutasim Agha Jan was beginning to bring some attention to a more moderate faction within the Afghan Taliban. He was successful in getting discussions going with the Afghan High Peace Council, but one of his associates, Abdul Raqib, was gunned down in Peshawar in February just after returning from a negotiating session in Dubai. It has now been confirmed that Mutasim Agha Jan has disappeared while in Dubai as he was preparing for another round of talks there. Here is ToloNews on the disappearance:

Agha Jan, who was one of the few crucial Taliban figures that had direct contact with the HPC, lived in Turkey and recently disappeared during a tour to the UAE.

“The government of Islamic Republic of Afghanistan is aware of Agha Jan’s disappearance in the UAE,” MoFA spokesman Ahmad Shekib Mustaghna said on Monday.

There are rumors about the possibility that Agha Jan may have been abducted. MoFA has not released a statement in regards to the rumors, but has called the circumstances surrounding the disappearance ambiguous and questionable.

Over the past month, Agha Jan had met with the HPC delegation twice; both sides had agreed to continue peace discussions.

There is a very interesting bit of language in the Khaama Press story on the disappearance:

The ministry of foreign affairs of Afghanistan confirmed that the former senior Taliban leader Agha Jan Mutasim has gone missing in United Arab Emirates.

Foreign ministry spokesman, Shekib Mostaghni told reporters in Kabul that the Afghan officials have started negotiations with the UAE officials regarding the fate of Agha Jan Mutasim.

Mr. Mostaghni further added that the government of Afghanistan has stepped up efforts to take practical steps to find out Agha Jan Mutasim.

Normally, I would attribute that bit about “negotiations with UAE officials” as poor translation from an initial story about Afghan officials speaking to UAE officials simply to ask questions. But there is also this report in the Express Tribune:

Last week, Mutasim’s family sources and friends confirmed to The Express Tribune that they have lost contact with him in Dubai. They were concerned that the UAE authorities might have detained and shifted Mutasim to an undisclosed location in Abu Dhabi.

The Express Tribune article also makes it clear that he has been missing for quite a while:

After a mysterious silence for nearly two weeks, the Afghan foreign ministry on Monday confirmed that Mutasim is missing in the UAE. “The Afghan government confirms that Agha Jan Mutasim has disappeared in the UAE and we are talking to senior Emirati officials to know his fate,” spokesman Ahmed Shakaib Mustaghni said in Kabul.

“The talks, unfortunately, have not yet produced any results and we do not have any more details,” Mustaghni told a weekly press briefing, according to the recorded version of the briefing received here.

So it would indeed appear that Afghanistan may be in some sort of negotiations with UAE on the fate of Mutasim. But since we don’t have confirmation yet that he actually is under UAE control, we could be back to the list of suspects I discussed in the death of Abdul Raqib also being suspects in this case as well (but read here for a pretty strong argument that Taliban hardliners were responsible for Raqib’s death). I will keep an eye out for further developments on Mutasim’s location and safety.

The Day After Government Catalogs Data NSA Collected on Tsarnaevs, DOJ Refuses to Give Dzhokhar Notice

On Thursday, the Inspectors General of the Intelligence Community, DOJ, CIA, and DHS (but not NSA) released their report on the Marathon Bombing. While the public release was just a very condensed summary, included the redaction of both classified and “sensitive” information, and made no attempt to reconstruct data government agencies had or could have had on Dzhokhar Tsarnaev, the report did show that the NSA had data on Tamerlan Tsarnaev and that the FBI found information on his computers that NSA might have gotten via other means.

On Friday, prosecutors in the case against Dzhokhar refused to tell him what they collected under FISA.

Before I get into the government’s refusal on FISA notice — some of which has repercussions for other cases — let’s go over what electronic communications the government did have or could have had.

First, the IG Report (which did not specifically involve NSA’s IG and did not include Dzhokhar in its scope) nevertheless points to information NSA collected in 2012 that was not turned over to FBI until after the attack.

Screen Shot 2014-04-12 at 12.37.13 PM

The report also points to communications dating to January 2011, which is entirely redacted. This probably refers to communications the Russians intercepted, not the NSA (indeed, the report discusses NSA data, above, later in the same section, which indicates the earlier redaction doesn’t pertain to NSA). Though there’s no indication whether the NSA received notice of these communications, including the non-US person interlocutor located overseas involved in them, who would have been a legal NSA target.

Continue reading

Working Thread on the Combined Marathon IG Report

I started reading the Combined IG Report on the Marathon attack (including the DOJ, CIA, DHS, and Intelligence Community IGs, but not NSA). And the whole thing looked so bogus from the start, I figured a working thread was in order.

One thing to remember here: we’ve only got a 32-page summary that includes 5 pages of agency (but not CIA) response and a title page. We’re getting a mere fraction of the 168-page report.

To make things worse, some things are redacted that aren’t even classified, they’re just sensitive.

Redactions in this document are the result of classification and sensitivity designations we received from agencies and departments that provided information to the OIGs for this review. As to several of these classification and sensitivity designations, the OIGs disagreed with the bases asserted. We are requesting that the relevant entities reconsider those designations so that we can unredact those portions and make this information available to the public.

(PDF 2) Several things in this passage:

Law enforcement officials identified brothers Tamerlan and Dzhokhar Tsarnaev as primary suspects in the bombings. After an extensive search for the then unidentified suspects, law enforcement officials encountered Tamerlan and Dzhokhar Tsarnaev in Watertown, Massachusetts. Tamerlan Tsarnaev was shot during the encounter and was pronounced dead shortly thereafter.

First, they don’t say what law enforcement officials IDed the brothers. That sentence precedes one which claims there were “unidentified suspects,” which suggests they had suspicions before they were “IDed.” The word “encountered” is awfully suspicious, given that explanations of how the shootout in Watertown happened have been contradictory. And note they don’t say whether Tamerlan died immediately or not–again, an issue about which there’s some contention.

(PDF 2) Note they tell us Anzor’s ethnicity, but not his wife’s (who is more central to this narrative)?

(PDF 2) The report dodges legitimate questions about why the family got refugee status by referring only to “an immigration benefit.” Given reports the uncle had ties to the CIA, that benefit may be more than a simple asylum request.

(PDF 3) Note that, after having previously said the brothers were ID’ed by LE, they now specify FBI [Actually, I think that's wrong: this is still ambiguous about who IDed them]. But the timing is crazy: it says FBI reviewed its records by April 19, but never says when they were IDed, and doesn’t say whether they were reviewed during a period of suspicion.

By April 19, 2013, after the Tsarnaev brothers were identified as suspects in the bombings, the FBI reviewed its records and determined that in early 2011 it had received lead information from the FSB about Tamerlan Tsarnaev, had conducted an assessment of him, and had closed the assessment after finding no link or “nexus” to terrorism.

(PDF 4) This seems very broad. I wonder what they’re including? Online communications?

As a result, the scope of this review included not only information that was in the possession of the U.S. government prior to the bombings, but also information that existed during that time and that the federal government reasonably could have been expected to have known before the bombings.

(PDF 4) This passage and footnote are huge dodges, making the entire report meaningless.

We carefully tailored our requests for information and interviews to focus on information available before the bombings and, where appropriate, coordinated with the U.S. Attorney’s Office conducting the prosecution of alleged bomber Dzhokhar Tsarnaev.1

1 The initial lead information from the FSB in March 2011 focused on Tamerlan Tsarnaev, and to a lesser extent his mother Zubeidat Tsarnaeva. Accordingly, the FBI and other agencies did not investigate Dzhokhar Tsarnaev’s possible nexus to terrorism before the bombings, and the OIGs did not review what if any investigative steps could have been taken with respect to Dzhokhar Tsarnaev.

I’ll come back to this. But the indictment lists a number of things that the FBI, in their stings, have found and used to identify easy marks. They did not do so here, with Dzhokhar. Which raises real questions about why they chose not to pursue him when they’ve pursued so many other young men like Dzhokhar?

(PDF 4) Here’s who was included in this review:

We also requested other federal agencies to identify relevant information they may have had prior to the bombings. These agencies included the Department of Defense (including the National Security Agency (NSA)), Department of State, Department of the Treasury, Department of Energy, and the Drug Enforcement Administration.

There has been little discussion of DEA’s likely awareness of the brothers, but it is likely, given that they were dealing drugs with potential ties to organized crime. And NSA, but I harp on that too much. I’m curious what role DOE might have.

(PDF 4) Again, they specify they’re only looking at pre-attack data. Which dodges what they could have collected but didn’t.

Additionally, each OIG conducted or directed its component agencies to conduct database searches to identify relevant pre-bombing information.

(PDF 4-5) As with HHSC’s report, the FBI stalled here.

As described in more detail in the classified report, the DOJ OIG’s access to certain information was significantly delayed at the outset of the review by disagreements with FBI officials over whether certain requests fell outside the scope of the review or could cause harm to the criminal investigation. Only after many months of discussions were these issues resolved, and time that otherwise could have been devoted to completing this review was instead spent on resolving these matters.

(PDF 5) The 12333 passage makes it clear NSA had a big role here. But, again, its IG did not conduct an investigation.

(PDF 6-7) The CIA section is very thin. I assume some stuff is missing.

(PDF 8) Note the importance of NSA’s sharing with FBI here?

Of particular relevance to this review are the relationships between the FBI, CIA, and DHS, as well as the relationship between the FBI and the NSA, and the NCTC’s relationships throughout the Intelligence Community.

(PDF 8) This makes clear that the transcription and birthdate errors were in both FSB warnings; it’s just that CIA didn’t fix the second one.

Importantly, the memorandum included two incorrect dates of birth (October 21, 1987 or 1988) for Tamerlan Tsarnaev, and the English translation used by the FBI transliterated their last names as Tsarnayev and Tsarnayeva, respectively.

(PDF 10) This passage seems to admit that FBI could have, but did not, search FISA related databases. It also suggests there was a “certain telephone database,” which might include the Hemisphere database, which performs the same function as the NSA claims (falsely) the phone dragnet does. Note, too, that they’ve only checked for the Tsarnaevs in FBI databases. I’ll come back to these databases in a later post.

Additionally, the DOJ OIG determined that the CT Agent did not use every relevant search term known or available at the time to query the FBI systems, including certain telephone databases and databases that include information collected under authority of the Foreign Intelligence Surveillance Act (FISA). However, searches of FBI databases conducted at the direction of the DOJ OIG during this review produced little information beyond that identified by the CT Agent during the assessment, with the exception of additional travel-related data for Zubeidat Tsarnaeva.

(PDF 11) Note that the second FBI letter to FSB, dated October 7, 2011, postdated the FSB notice to CIA. But it also comes at a time when Boston area law enforcement were conducting an investigation into the murder of Tamerlan’s best friend. The Waltham murders are not mentioned at all in the unclassified report.

(PDF 12) The IG Report does not tell us the date in September when FSB provided notice to CIA. Given that Tamerlan may have just been or was about to be involved in a grisly murder, I find that omission very notable.

(PDF 12) Note you can be watchlisted without derogatory information. This seems to be because of the exception mentioned in FN 10. But fat lot of good it did in this case. Per the footnote, that exception subsequently got disqualified, though I bet it has been qualified again.

(PDF 12) The IG Report doesn’t even acknowledge there was some other kind of difference between the first and the later watchlist entries as indicated on pp 33-4 of the HHSAC Committee report, which suggests that discussion may be redacted entirely.

(PDF 16) Note that, as happens with all Legal Permanent Residents, Tamerlan was photographed (and fingerprinted) during immigration. I’m surprised there isn’t more discussion of this (though it may be classified). But one big point of this relatively new border protocol is to have recent pictures on hand in case, say, you need to do facial recognition on pictures from a terrorist attack. Were they used?

(PDF 19) Note the big redaction describing intercepted communications. This may simply describe what the Russians had collected, which led to their tip. But I do wonder whether NSA collected its own version, not least because details of the Russian intercept has been widely reported.

(PDF 20) Note that the discussion of Tamerlan’s (remember, Dzhokhar is not included here) computer materials is described solely in terms of what FBI could do. That’s different from what both DHS does (they track public online speech) and NSA. It’s unclear whether they could have found some of this using methods available to them, but the report’s silence on that point is notable.

The FBI’s analysis was based in part on other government agency information showing that Tsarnaev created a YouTube account on August 17, 2012, and began posting the first of several jihadi-themed videos in approximately October 2012. The FBI’s analysis was based in part on open source research and analysis conducted by other U.S. government agencies shortly after the bombings showing that Tsarnaev’s YouTube account was created with the profile name “Tamerlan Tsarnaev.”

[snip]

The DOJ OIG concluded that because another government agency was able to locate Tsarnaev’s YouTube account through open source research shortly after the bombings, the FBI likely would have been able to locate this information through open source research between February 12 and April 15, 2013. The DOJ OIG could not determine whether open source queries prior to that date would have revealed Tsarnaev to be the individual who posted this material.

The passage goes on to report the 7 copies of Inspire on one of the computers used by Tamerlan (again, there’s no mention of Dzhokhar here).

Something they’re not saying, but we know to be true.  Had they picked up Inspire either through a 702 upstream search or XKeyscore, they would have had identifiers that could have pegged Tsarnaev’s identity and tied it to all his other identities, regardless of the fact Tamerlan used an alias until February 2013.

And note the big redaction: NSA had information that dated to 2012, which may well have been the intercepts with Plotnikov.

Finally, note that FBI never turned over most of the information about Tamerlan’s Google accounts. The excuse (as noted above) was the ongoing investigation. But I wonder whether that’s ongoing investigation into the Waltham murder or the Marathon attack.

(PDF 25) Note the discussion of enhancement in the 2nd-to-last bullet. I believe this suggests that transliteration questions are only addressed with this enhancement.

(PDF 25) Note that they at least used to delete US person travel info after 6 months unless it represents terrorism information. This would arise from NCTC’s minimization procedures.

(PDF 32) As noted above, we don’t get John Brennan’s response to this, though he presumably sent one. I suspect that means there are classified recommendations for the Agency and that his response reflects that. While it’s not clear what the foreign target would be in this context (perhaps an investigation of the person to whom Zubeidat was speaking about Tamerlan wanting to join jihad?) but there seems to have been some.

Petraeus Plans for The Day After

The title of Petraues' op-ed is clearly trying to play off this 1983 made for TV movie about Lawrence, Kansas after a nuclear war.

The title of Petraues’ op-ed is clearly trying to play off this 1983 made for TV movie about Lawrence, Kansas after a nuclear war.

On September 26, 2004, the Washington Post disgraced itself by giving David Petraeus space to write an op-ed in which he spouted pure bullshit on how well his vaunted “training” program was going in Iraq. Of course, that program failed multiple times with Petraeus never being called to account. Despite clear military regulations prohibiting political activity by members of the military, Petraeus’ op-ed was seen by some as providing an endorsement which gave a significant boost to George W. Bush’s re-election campaign at a time when public opinion on the war in Iraq was beginning to sour. Just short of ten years later (and after his career got Broadwelled, I mean, broadsided), Petraeus is back on the pages of the Neocon Daily today, warning us that the “US needs to plan for the day after an Iran deal“.

The reviews of Petraeus’ newest op-ed are now in, and it has been called “Provocative!”, “Apocalyptic!” and even “Gut-Wrenching!” Oh, wait. That’s how the 1983 made for TV movie The Day After is described on its DVD cover. My mistake. But clearly Petraeus is playing off that old title. The old movie deals with life in Lawrence, Kansas after a nuclear war and Petraeus is now telling us we must prepare for life after preventing Iran getting the chance to wage nuclear war.

The central tenet of the op-ed is that Iran is “the leading state sponsor of terrorism”. Like most of what Petraeus does or says, that statement is just flat wrong. Even though the US (including the military when Petraeus was head of Central Command and the CIA when Petraeus led it) never admits it publicly, the rest of the world knows that Saudi Arabia is by far the largest state sponsor of terrorism. There are even Wikileaks cables confirming the role of Saudi money in supporting Sunni extremists. And note that the single most important organizer of state sponsored terrorism, Bandar bin Sultan, is now returning to his role after a brief interruption.

It appears that Petraeus stopped paying attention to world events when he resigned from the CIA in disgrace in November of 2012, because nowhere in his anti-Iran screed do we see any acknowledgement that in June of 2013, Hassan Rouhani was elected as Iran’s new president and has ushered in a new, more moderate outlook that is credited with providing the window for diplomatic progress toward an agreement on Iran’s nuclear technology.

Okay, so here is Petraeus (and co-author Vance Serchuk, who was Joe Lieberman’s foreign policy advisor after cutting his teeth at the American Enterprise Institute–you just can’t make this shit up!) framing the problem for us: Continue reading

Iran Still Refusing to Confirm Death of Missing Border Guard

A photo posted yesterday showing the four released border guards back in Iran.

A photo posted yesterday showing the four released border guards in Tehran.

I have been following the story of the five Iranian border guards who were abducted in early February by the Jeish Al-Adl terrorist group. Late in March, the group claimed to have executed one of the guards. Last week, four guards were released and eventually made their way back into Iran, presumably from where they were being held just across the border in Pakistan. Iran’s statements relating to the group’s claim of killing one guard have been quite strange, alternating between stating flatly that he has been executed while also stating that they can neither confirm nor deny his death.

The speaker of Iran’s Parliament added yet another twist to the string of strange statements, today issuing a call for Pakistan to “release” the fifth guard, but the story as it is presented by Fars News appears to leave open whether he is calling for release of a living person or the body of a dead one:

Iranian Parliament Speaker Ali Larijani called on the Pakistani officials to double their efforts to release the 5th Iranian border guard who was abducted by Jeish al-Adl terrorist group in February and kept hostage despite the freedom of his other four colleagues.

“The Pakistani government should certainly be accountable and provide the ground for the freedom of the 5th Iranian border guard as soon as possible,” Larijani said in an open session of the parliament in Tehran on Tuesday.

His remarks came amid reports and claims by Jeish al-Adl that the terrorist group has killed, Jamshid Danayee-Far, one of the Iranian border guards kidnapped along Iran-Pakistan borders in February.

The five Iranian border guards were abducted in Jakigour region of Iran’s Sistan and Balouchestan Province on February 6 and taken to Pakistan. Jeish al-Adl claimed late last month that it has executed Danayee-Far.

Meantime, Governor-General of Iran’s Southeastern Sistan and Balouchestan province Ali Awsat Hashemi this weekend confirmed the death of Danayee-Far, and said Iran is waiting for the transfer of his body.

Just yesterday, we had another “cannot confirm nor deny” version:

Iran’s interior minister has said due to lack of sufficient evidence, Iran could not confirm abducted guard’s death.

Speaking in the sidelines of country’s governors gathering, Abdurreza Rahmani Fazli pointed to the abducted guard’s martyrdom. “Available information and document do not compel us to confirm the guard’s death,” he said, adding that “we do not have sufficient information and four released soldiers who returned back to the country do not know anything about the other abducted guard – Jamshid Danaeifar.”

Complicating matters even further, Al Monitor reports that no video or photo has appeared to confirm Danaeifar’s death and that Jeish Al-Adl has even removed their claim of killing him from their website: Continue reading

High Urban Turnout, No Major Violence, But How Successful Was Afghan Election?

With no catastrophic attacks taking place and reports of over 7 million people voting, on first impressions it would appear that Afghanistan’s presidential election on Saturday was a resounding success. Digging a bit deeper, though, reveals disturbing evidence of hundreds of violent incidents that received little attention and large areas of the country where the electorate was too scared of the Taliban to vote. Another large cautionary note is that the slow rate of vote counting means that it will be a long time before there can be any meaningful analysis of the extent of vote-stuffing. Further, the US goal of a new president clearing the way to a signed Bilateral Security Agreement is likely to be put off further, as any runoff will not happen until late May, which could well be past the point at which the US will have to decide if it will invoke the zero option and withdraw all troops from the country at the end of the year.

The New York Times gives us the rosy version of the voting:

After enduring months of Taliban attacks and days of security clampdowns, Afghans reveled Sunday in the apparent success of the weekend’s presidential election, as officials offered the first solid indications that the vote had far exceeded expectations.

Two senior officials from the Independent Election Commission said the authorities supervising the collection of ballots in tallying centers had counted between seven million and 7.5 million total ballots, indicating that about 60 percent of the 12 million eligible voters had taken part in the election. The officials spoke on the condition of anonymity because results will not be released for weeks.

Even this report, though, cautions that fraud could still be a problem and will take time to detect:

Afghan election observers backed up the numbers offered by election officials, as did Western diplomats, though the latter struck a more cautious tone. But both said that some votes would invariably be thrown out because of fraud.

The question was how many, and whether Afghanistan would see a repeat of the 2009 election, which was marred by widespread ballot stuffing and other fraud. Turnout that year was about 38 percent, though some estimates put it lower. The memory of what happened that year still hovers here, giving many reason to hesitate before declaring this weekend’s vote an unqualified success.

It took days for the full extent of the problems with the 2009 election to emerge, and the ensuing political crisis lasted months, souring relations between President Karzai and the United States, embittering many Afghans and helping fuel a Taliban insurgency that was gaining momentum.

But the claims of no large attacks overshadowed the news that there were actually hundreds of attacks aimed at the voting:

The anti-government armed militants carried out 690 attacks across the country during the presidential and provincial council elections on Saturday.

Defense ministry spokesman, Gen. Zahir Azimi said Saturday that the attacks by militants included direct fire, rocket attacks, improvised explosive device (IED) attacks and suicide attacks.

/snip/

Azimi also added that 164 militants were killed and 82 others were injured during the attacks while Afghan army soldiers seized various types of weapons belonging to the assailant militants.

He said at least 7 Afghan national army soldiers were martyred and 45 others were injured during these attacks.

That Khaama Press account did not cite figures on civilian deaths or injuries, but this Reuters article does note some civilian deaths: Continue reading

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Emptywheel Twitterverse
bmaz My question at the outset was why GM concealment was not bankruptcy fraud; now that will be litigated. Good. http://t.co/CCL3wm2HYE
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bmaz @trevortimm Be terrified. Very terrified. Cause what you saw is, I think, all you get.
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bmaz @johnson_carrie According to my wife, "impossible jerk" characterizes lawyers in many locales @npratc
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bmaz @HoltenMark @mucha_carlos @ColMorrisDavis @KenDilanianLAT The constitutional framing is amazingly resilient, but resets are slow.
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bmaz @HoltenMark @mucha_carlos @ColMorrisDavis @KenDilanianLAT I represent far too many of the former and lament the latter. Things change though
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bmaz @HoltenMark @mucha_carlos @ColMorrisDavis @KenDilanianLAT Frankly, US can exert such influence, will not be effective foreign prosec either
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bmaz @HoltenMark @mucha_carlos @ColMorrisDavis @KenDilanianLAT Yes, in these considerations, that is exactly right. Not happening.
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bmaz @HoltenMark @mucha_carlos @ColMorrisDavis @KenDilanianLAT I wasn't being a smart ass, just honest as to situation.
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bmaz @mucha_carlos @ColMorrisDavis @KenDilanianLAT @HoltenMark Safe enough bet; no administration will want to open that can of worms.
7hreplyretweetfavorite
bmaz @mucha_carlos @ColMorrisDavis @KenDilanianLAT @HoltenMark ...ought to give pause in above regards too. If DOJ ever cared about these crimes.
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bmaz @mucha_carlos @ColMorrisDavis @KenDilanianLAT @HoltenMark Well, yes, and the wild expansion of extraterritorial jurisdiction in other cases
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bmaz @ColMorrisDavis @KenDilanianLAT @HoltenMark Granted, what Im saying applies to execution of US nationals as opposed to foreign nationals.
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