Abu Zubaydah to DOD: Charge Me Now!

By:  Thursday May 10, 2012 7:48 pm

Abu Zubaydah’s legal team just wrote the Convening Authority for the Military Commissions demanding that it charge Zubaydah.

This letter requests that the Convening Authority immediately commence proceedings against our client, Zayn al-Abidin Muhammad Husayn (abu Zubaydah), ISN # 10016. Failure to act would raise serious questions about the integrity and legitimacy of the Convening Authority and, indeed, of the whole process established to try or release Guantanamo detainees.

[snip]

Nearly six years ago, President Bush announced that abu Zubaydah and thirteen other so-called high-value detainees were to be tried by a military commission:

So I’m announcing today that Khalid Sheikh Mohammed, abu Zubaydah, Ramzi bin al-Shibh, and 11 other terrorists in CIA custody have been transferred to the United States Naval Base at Guantanamo Bay. They are being held in the custody of the Department of Defense. As soon as Congress acts to authorize the military commissions I have proposed, the men our intelligence officials believe orchestrated the deaths of nearly 3,000 Americans on September the 11th, 2001, can face justice. (Cheers, applause)….
With these prosecutions, we will send a clear message to those who kill Americans: No matter how long it takes, we will find you and we will bring you to justice. (Emphasis added)

It’s an interesting legal tactic. If the Convening Authority doesn’t charge AZ, it will surely present a Constitutional challenge on speedy trial grounds. But, as the letter makes clear, any charge would fall far short of the claims made about AZ over the last decade.

Furthermore, if the CA doesn’t respond here, then the letter’s predictions of a lost legitimacy may well bear out.

Abu Zubaydah has not been tried, has not been charged, and has not even had military commission counsel assigned to him. He has requested the appointment of military commission counsel repeatedly but has received no response. This overt failure to prosecute a supposed terrorist leader causes the world to wonder why. One possibility is that the claims, despite their number and decibel level, are simply untrue, so that the government cannot prove all (or any) of them. A second possibility is that the prosecution would be successful but only at the unacceptable cost of exposing the government to worldwide censure for the manner in which Zubaydah was treated and the evidence against him was obtained. The third possibility, worst of all, is both that the claims are not true and that his treatment is too shameful to be revealed to the world.

Curiously, the letter mentions the Bush Administration’s efforts to destroy Phillip Zelikow’s dissent on the OLC memos. It describes that as “spoilation of evidence. But it doesn’t describe the spoilation of the other big piece of evidence (and likely one of the main reasons the government can’t charge AZ, in addition to his mental stability): the torture tapes.

In any case, it’s a very interesting approach and one that, if successful, I’d expect more detainees (particularly Mohammed al-Qahtani) to try.


DOD: Consider Whether We’ve Made Detainees Crazy in Periodical Review

By:  Thursday May 10, 2012 5:00 pm

Section 1023 of the Defense Authorization mandated that the Administration tell Congress how it was implementing Obama’s Executive Order providing periodic review of Gitmo detainees’ continued need to be detained.

SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

(a) PROCEDURES REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth procedures for implementing the periodic review process required by Executive Order No. 13567 for individuals detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).

Here’s the directive complying with that requirement.

I’ll have plenty to say about it. But for the moment, I got hung up on this:

3. STANDARD. Continued law of war detention is warranted for a detainee subject to periodic review if such detention is necessary to protect against a continuing significant threat to the security of the United States. In making that assessment, the PRB may review all relevant materials including information from the final Task Force assessments produced pursuant to Reference (k); the work product of a prior PRB; or any relevant intelligence produced subsequent to either. Application of this standard is specifically not intended to require a re-examination of the underlying materials that supported the work products of either Reference (k) or a prior PRB and is not intended to create a requirement that each PRB conduct a zero-based review of all original source materials concerning a detainee. In assessing whether a detainee continues to meet this standard, the PRB may consider:

[snip]

(6) The detainee’s physical and psychological condition.

We know, of course, that there are a number of people at Gitmo–starting with Abu Zubaydah and Mohammed al-Qahtani–we’ve driven completely insane with our torture and abuse, who we can’t try but also can’t release (not that we’d release either of these two anyway).

But this seems to be a tacit admission that we won’t release people we’ve driven crazy. Because, Freedom!, I guess. So are we now saying that because our treatment has made them insane we will now use that as reason to keep them in custody?

Though maybe once these guys get to be so old they’re having health problems, maybe then we’ll finally release them.


Cluster Bombs on the Head of a Saudi Pinpoint

By:  Thursday May 10, 2012 2:39 pm

Congratulations to the NYT, which offers the superlative version of a story everyone seems to be writing today. It describes a whole host of reasons why we should not trust the Saudis.

That collaboration appears to have intensified over the past two years, despite a long history of mistrust rooted in the role of Saudi hijackers in the attacks of Sept. 11, 2001. The relationship was tested again last year when Saudi leaders responded furiously to American endorsement of the revolt that ousted a Saudi ally, President Hosni Mubarak of Egypt. American diplomats were surprised and angered in turn soon afterward when Saudi Arabia sent troops to help put down unrest in neighboring Bahrain.

[snip]

The counterterrorism cooperation has not been without bumps, officials from both countries acknowledge.

In 2007, the Federal Bureau of Investigation quietly sent a handful of agents to Saudi Arabia to work with officials there on a classified counterterrorism strategy, according to a senior American official who was briefed on the program. After several months, however, the two sides disagreed on a common strategy, and the F.B.I. agents went home.

Internal State Department cables obtained by WikiLeaks and made available to several news organizations revealed American frustration with Saudi Arabia in curtailing financial supporters of many extremist activities.

“It has been an ongoing challenge to persuade Saudi officials to treat terrorist financing emanating from Saudi Arabia as a strategic priority,” said a classified cable sent by Secretary of State Hillary Rodham Clinton in December 2009, concluding that “donors in Saudi Arabia constitute the most significant source of funding to Sunni terrorist groups worldwide.”

But ultimately concludes that in spite of all this evidence, our partnership with the Saudis is working just great.

But when it comes to counterterrorism, the Saudis have been crucial partners, not only for the United States but also for an array of other Western powers.

[snip]

Under pressure from the United States, American officials now say, Saudi Arabia is taking the threat more seriously, holding financiers accountable through prosecutions and making terrorist financing a higher priority.

Like many of these stories, the NYT quotes Mustafa Alani, a counterterrorism analyst at the Gulf Research Center with close ties to the Saudi intelligence establishment, describing the division of labor on counterterrorism: the US conducts electronic surveillance, the Saudis provide HUMINT. And while the NYT gets the prize for the most self-contradictory celebration of US-Saudi counterrorism “cooperation,” my favorite quote from Alani is this one, in the WaPo’s version of the story.

“Even with the drone strikes, the air raids, the Americans need someone on the ground,” Alani said. “The Saudis are the ones who can pinpoint targets for the Americans.”

The Saudis, Alani brags, are responsible for our pinpointed targeting in Yemen. You know? The kind that manages to kill an American teenager but fails to hit its intended target. Or the kind that will become even less pinpointed now that the Saudis have delivered up a bomb plot to convince the President that AQAP is still targeting the US (this CNN story confirms that the bomb plot was delivered up before Obama’s signature strike okay was reported) and therefore needs to be targeted with signature strikes.

But since we’re discussing Saudi pinpointed targeting, let’s look more closely at two other Saudi pinpoints. First, there’s the Saudi strike on a Houthi medical clinic in 2009-2010, which they used to ask for Predator drones. Almost the whole cable is worth reading to see the multiple ways in which Saudi Prince Khaled bin Sultan manipulated us.

USG CONCERNS ABOUT POSSIBLE STRIKES ON CIVILIAN TARGETS

——————————————————-

¶2. (S/NF) Ambassador Smith delivered points in reftel to Prince Khaled on February 6, 2010. The Ambassador highlighted USG concerns about providing Saudi Arabia with satellite imagery of the Yemen border area absent greater certainty that Saudi Arabia was and would remain fully in compliance with the laws of armed conflict during the conduct of military operations, particularly regarding attacks on civilian targets. The Ambassador noted the USG’s specific concern about an apparent Saudi air strike on a building that the U.S. believed to be a Yemeni medical clinic. The Ambassador showed Prince Khaled a satellite image of the bomb-damaged building in question.

 

IF WE HAD THE PREDATOR, THIS MIGHT NOT HAVE HAPPENED

—————————————————-

¶3. (S/NF) Upon seeing the photograph, Prince Khalid remarked, “This looks familiar,” and added, “if we had the Predator, maybe we would not have this problem.” Continue reading →


Vladimir Putin Too Busy Rearranging His Sock Drawer to Attend the G8

By:  Thursday May 10, 2012 11:38 am

I have to admit, the old KGB hand Vladimir Putin sure plays hardball in matters of diplomacy. Normally when you blow off a major summit (Putin will be sending Dmitri Mevedev in his place), you give more than a ten day’s notice.

Vladimir Putin will miss a planned visit to the US this month for a key global summit and a much-anticipated meeting with President Barack Obama, the Kremlin has confirmed, as the Russian president faced pressure from protests and opposition criticism at home.

The White House announced on Wednesday that Putin was unable to join the other leaders of the Group of Eight industrial nations meeting outside Washington on 18-19 May. The Kremlin said Putin needed to finish work setting up his government.

I guess Vlad didn’t know what a mess his sock drawer was in when the US used him as an excuse to move the G8 away from protestors in Chicago to Camp David.

Russian opposition to U.S. and NATO plans for a missile defense shield in Europe was the subtext of a surprise announcement earlier this spring of a change in venue for the G-8 meeting. The summit was long planned to take place adjacent to a larger summit of NATO leaders in Chicago.

Putin let it be known that he did not want to attend the NATO summit, as Russian leaders sometimes do by invitation, or engage NATO leaders on the missile issue, U.S. and other diplomats said. They spoke on condition of anonymity to discuss sensitive diplomacy. The missile defense plan is on the NATO agenda for Chicago, although most of the summit discussions are likely to center on Afghanistan.

The switch to Camp David was partly an attempt by the U.S. to appear welcoming to Putin, so that he could meet quietly with European and other large powers at the dawn of his presidency without the awkward juxtaposition with NATO and the missile shield issue, the diplomats said.

Though a desire to appease Putin was, just like Putin’s excuse about naming a cabinet, just a convenient excuse.

Continue reading →


As NATO Summit Approaches, Taliban Strength Accumulates

By:  Thursday May 10, 2012 10:47 am

Violence in Afghanistan continues its steady increase.

NATO found it necessary yesterday to trot out a high-ranking spokesman to try to tamp down the suggestion from Dianne Feinstein and Mike Rogers over the weekend that the Taliban has increased in strength. Unfortunately for NATO, however, there are more reasons to believe that the Taliban is in a strong position than just statements emanating from Washington power players. The Taliban themselves seem also to sense their stronger position, as evidenced by their abandoning the “secret” negotiations that the US had entered into with them over the winter. The caution exhibited by Hamid Karzai as he prepares to accept the handoff of security control for more of Afghanistan also reflects a strengthening of the Taliban’s position.

It seems only fitting that since CNN was where Feinstein and Rogers made their claim that the Taliban is stronger that NATO would choose CNN for their push-back on the idea:

A top coalition official on Wednesday disputed lawmakers’ assertions that the Taliban are increasing their strength in Afghanistan.

“I’m afraid for the Taliban the evidence is rather different,” said British army Lt. Gen. Adrian Bradshaw, deputy commander for NATO’s International Security Assistance Force, in a briefing with reporters from Kabul.

The Taliban’s ability to deliver attacks in Afghanistan was reduced by almost 10% in 2011, said Bradshaw, adding that the NATO-led force is seeing a similar trend early this year.

“We get reporting, reliable reporting of Taliban commanders, feeling under pressure with lack of weapons and equipment, with lack of finance,” he said.

Bradshaw is of course gaming the figures. The independent group Afghanistan NGO Safety Office, or ANSO, reported that for 2011 (pdf), attacks by Armed Opposition Groups (AOG, described as the Taliban, Haqqani Network and Hezb-i-Hekmatyar) continued its upward trend in 2011, as seen in the figure above, rather than going down as Bradshaw would have us believe.

Reuters reports on the concerns surrounding the next step in handing over security control in Afghanistan:

Afghanistan faces tougher security challenges in the next phase of a transition from foreign to Afghan forces as insurgents step up their attacks, Afghan officials said on Thursday.

President Hamid Karzai is expected to announce on Sunday the transfer of 230 districts and the centers of all provincial capitals to Afghan control in the third phase of a handover before most NATO troops pull out by the end of 2014.

/snip/

There are, however, few signs of improving security in Afghanistan. Continue reading →


Peter King Makes It More Clear He’s Targeting the AP, Not Leakers

By:  Thursday May 10, 2012 8:29 am

A real member of Congress might worry that the government is using double agents to expand wars in other countries without briefing the Gang of Eight, as required by law.

Not Peter King. He wants to investigate the AP’s sources–but not, apparently, ABC’s–to find out how the press learned something that had not been briefed properly.

Also: Peter King doesn’t believe in scaring the American people. Just ginning up fear about one religion or ethnic group.


Albright Discovers Puddles in Parchin

By:  Wednesday May 9, 2012 2:29 pm

Google Maps image of Parchin, showing the dry landscape at over 5000 feet elevation. Note the extensive erosion patterns.

In March, Gareth Porter and I debunked claims that “diplomats” had fed to AP’s George Jahn. The diplomats asserted to Jahn that they had seen satellite photos depicting activity interpreted as attempts to clean the site at Parchin where they believe Iran has carried out work aimed at developing an explosive trigger device for a nuclear weapon.

Perhaps the biggest problem with the depiction of these activities as being aimed at cleaning the site is that, as I pointed out in the post linked above, it is virtually impossible to remove all traces of radioactive materials from a site where they have been used. The Iranians were very quick to point this out as well. No amount of cleaning will remove all of the residual radioactivity from the building or surrounding soil. I also pointed out in my post that no satellite photos purporting to show this cleaning activity had yet been made public.

Yesterday, David Albright and his Institute for Science and International Security dutifully stepped up to deliver what was intended as photographic proof. From Albright’s description:

 The new activity seen in the satellite image occurred outside a building suspected to contain an explosive chamber used to carry out nuclear weapons related experiments (see figure 1).  The April 9, 2012 satellite image shows items lined up outside the building.  It is not clear what these items are.  The image also shows what appears to be a stream of water that emanates from or near the building.  Based on new information that the IAEA received, the Agency asked Iran to visit this building at the Parchin site, but Iran has not allowed a visit.  IAEA Director General Yukiya Amano noted recently that the IAEA has “information that some activity is ongoing” at the Parchin site 1.  When asked if he was concerned that these activities could be associated with cleansing the site, Amano replied, “That possibility is not excluded…We cannot say for sure because we are not there.”  The items visible outside the building could be associated with the removal of equipment from the building or with cleansing it.  The stream of water that appears to emanate from the building raises concerns that Iran may have been washing inside the building, or perhaps washing the items outside the building.

The idea that Iran would want to wash the building or its contents, presumably in order to remove radioactive contamination from trigger-building experiments, and then just allow the wash water to run onto the ground surrounding the building is laughable on its face. As I noted in my March post, the Iranians pointed out that radioactive contamination can’t be eliminated from a site where such work has been carried out. Of course they would know that merely rinsing some of the radioactive material into the ground surrounding the building would do nothing to hide it from the sensitive detection equipment IAEA would bring to an inspection.

There are two potential explanations for the water seen in the photo labeled April 9, 2012. Continue reading →


Did the Saudis or the Yemenis Expose the Involvement of a Double Agent?

By:  Wednesday May 9, 2012 1:23 pm


There’s a remarkable moment in this CNN story reporting on the concern within the US that someone leaked the fact that a double agent was involved in foiling the UndieBomb plot. After quoting Peter King saying “a major investigation” would be launched to find the source, the CNN cites what must be a Saudi source confirming the double agent story.

The mole, who volunteered as a suicide bomber for the terrorist group, was actually working as an intelligence agent for Saudi Arabia, a source in the region familiar with the operation told CNN.

The man left Yemen, traveled through the United Arab Emirates and gave the bomb and information about al Qaeda in the Arabian Peninsula to the CIA, Saudi intelligence and other foreign intelligence agencies, the source said.

The agent works for Saudi intelligence, which has cooperated with the CIA for years, the source said.

“Indeed, we always were the ones managing him,” the source told CNN. [my emphasis]

After all, a “source in the region familiar with the operation” who asserts “we always were the ones managing him” would seem to have to be Saudi, given that the Saudis were running him.

Now there seem to be two things going on. If I’m not mistaken, King was calling for an investigation into the source who leaked the news of the foiled plot more generally. That’s suspect because of who had that story first: the AP. In other words, Peter King, a good buddy of Ray Kelly and a big booster of the NYPD’s efforts to profile Muslims wants to know who Adam Goldman and Matt Apuzzo’s sources are.

Right.

Note, too, that whereas the AP reported that the Administration planned to announce the foiled plot,

The AP learned about the thwarted plot last week but agreed to White House and CIA requests not to publish it immediately because the sensitive intelligence operation was still under way. Once officials said those concerns were allayed, the AP decided to disclose the plot Monday despite requests from the Obama administration to wait for an official announcement Tuesday.

The LAT quotes US intelligence officials suggesting they weren’t going to make it public.

U.S. intelligence officials had planned to keep the bomb sting secret, a senior official said, but the Associated Press learned of the operation last week. The AP delayed posting the story at the request of the Obama administration, but then broke the news Monday.

“When the AP got it and started talking about it, it caused all kinds of problems with the operation,” said a U.S. official who would not be quoted by name discussing the classified operation. “The investigation never went to its full conclusion.”

AP spokesman Paul Colford said the news agency held off publishing until U.S. officials told the AP that security concerns were allayed.

“We were told on Monday that the operation was complete and that the White House was planning to announce it Tuesday,” he said.

Which suggests that the focus on the source of the leak may have elicited a revisionist story from the Administration.

Now the focus has shifted to the source who exposed the role of the double agent–a potentially far bigger secret. A lot of people have treated the LAT as the first story for the double agent story. But that’s not true–that article credits ABC with breaking the story.

The disclosure that a double agent had infiltrated an Al Qaeda bomb cell in Yemen, which was first reported by ABC News, could endanger future counter-terrorism operations, U.S. officials said.

While the ABC story cites US officials, among others, it also cites an “international intelligence official” as well as “officials” and “authorities” named generically (as well as John Brennan on the record, rather uncharacteristically trying to protect “the equities that are involved with it”).

In a stunning intelligence coup, a dangerous al Qaeda bomb cell in Yemen was successfully infiltrated by an inside source who secretly worked for the CIA and several other intelligence agencies, authorities revealed to ABC News.

The inside source is now “safely out of Yemen,” according to one international intelligence official, and was able to bring with him to Saudi Arabia the bomb al Qaeda thought was going to be detonated on a U.S.-bound aircraft.

[snip]

And what Brennan knows and did not say, according to officials, is that several other elements of the plot were under investigation, including possible additional bombers and other kinds of bombs.

In other words, in spite of the fact that there appears to be a hunt for the US based sources that leaked this information, it is possible if not likely that ABC got it from foreign sources first, and only after that got US officials (which could include members of Congress and others outside of the Executive Branch) to comment. Continue reading →


The UndieBomber’s Signature Timing

By:  Wednesday May 9, 2012 8:11 am

As I suggested yesterday, I think the the Administration’s decision to use signature strikes in Yemen may be tied more closely to the double agent UndieBomb attack revealed in the last two days.

After all, the plot didn’t just happen yesterday. As the NYT reports, the CIA has known about it for weeks.

The bombing plot was kept secret for weeks by the C.I.A. and other agencies because they feared retaliation against the agent and his family — not, as some commentators have suggested, because the Obama administration wanted to schedule an announcement of the foiled plot, American officials said.

If the CIA has known about the plot for two weeks, they would have learned about it on or before April 24. That just happens to be the day FBI Director Robert Mueller made an unannounced visit to Yemen. Reports of the meeting have him discussing things that wouldn’t fall in FBI’s mandate, even broadly defined. But the NYT description makes it sound like the double agent “handed over” the UndieBomb to the FBI directly.

He also handed over the bomb, designed by the group’s top explosives expert to be undetectable at airport security checks, to the F.B.I., which is analyzing its properties at its laboratory at Quantico, Va.

And the AP–which first broke news of the plot–found out about it last week, though held the story to allow “sensitive intelligence operations”–presumably the killing of Fahd al-Quso on Sunday–to play out.

The AP learned about the thwarted plot last week but agreed to White House and CIA requests not to publish it immediately because the sensitive intelligence operation was still under way. Once officials said those concerns were allayed, the AP decided to disclose the plot Monday despite requests from the Obama administration to wait for an official announcement Tuesday.

So if the Saudis and CIA learned about the plot at least early enough to get Robert Mueller on a plane to act as a courier for the bomb (it’s not clear that’s what he was doing, of course), it might well coincide with the timing of the decision to use signature strikes.

Greg Miller first reported on the possibility on April 18. He stated that the idea had been presented to the National Security Council, but no decision had been reached. Though the White House and CIA were a bit more coy about matters.

U.S. officials said that the CIA proposal has been presented to the National Security Council and that no decision has been reached. Officials from the White House and the CIA declined to comment.

Also remember that Miller–as distinct from later reporting on the signature strikes–portrays the decision as being pushed by CIA alone, not CIA and JSOC.

Here’s what Miller had to say about the kinds of intelligence that went into signature strikes in Pakistan.

The CIA began flying armed drones over Yemen last year after opening a secret base on the Arabian Peninsula. The agency also has worked with the Saudi and Yemeni intelligence services to build networks of informants — much the way it did in Pakistan before ramping up drone strikes there.

[snip]

A former senior U.S. intelligence official said the CIA became so adept at this that it could tell what was happening inside an al-Qaeda compound — whether a leader was visiting or explosives were being assembled, for example — based on the location and number of security operatives surrounding the site.

When the WSJ announced that the Administration had decided to use signature strikes on April 25, it mentioned “several direct threats to the US”–though it also cited an April 22 strike that sounded like it could have been a signature strike (though when asked to comment on it, US sources said the target had been in their cross hairs).

U.S. counterterrorism officials said they are currently tracking several direct threats to the U.S. connected to AQAP. The officials wouldn’t provide further details because that information is classified.

“This was an interagency decision made based on deliberations about the growing threat from AQAP and concerns about the safe haven,” a senior Obama administration official said. The White House is “broadening the aperture” for CIA and JSOC strikes, the official added.

The frequency of U.S. strikes in Yemen is expected to increase with the changes. On Sunday, a CIA-piloted drone hit a vehicle believed to be carrying AQAP militants. Intelligence analysts are working to identify those killed.

And note most of the reporting on the signature strikes talk about better intelligence we’ve developed, with frequent mention of informants.

Now, the chronology shows only estimated dates. But it sure seems possible that the “direct threats to the US” cited when justifying the signature strikes may well be the UndieBomb plot we’re only now just learning about.

Update: This, from the LAT, appears to confirm Obama learned of the bomb before approving signature strikes.

U.S. officials said President Obama was informed of the bomb in early April and was assured that it did not pose a threat to the public.

Continue reading →


Government Invokes Valerie Plame to Argue CIA Acknowledgment that Bush Authorized Torture Is Not Official Acknowledgment

By:  Tuesday May 8, 2012 12:46 pm

As you’ll recall, back in April I went on a week-long rant about the great lengths–including submitting a secret declaration from the National Security Advisor–the Obama Administration had gone to hide a short reference to the September 17, 2001 “Gloves Come Off” Memorandum of Notification. In doing so, it appears the Obama Administration hid George Tenet’s invocation of the Presidential MON that authorized the capture and detention of terrorists but which the Bush Administration used as its authorization to torture those alleged terrorists. (post 1, post 2, post 3, post 4, post 5, post 6, post 7)

In a classified hearing on March 9, the government claimed that releasing the reference in question would “reveal[] for the first time the existence and the scope of” what now clearly appears to be the MON. After I went on my rant, the ACLU informed the Circuit Court that the claim might be false. If the reference was indeed to the MON, ACLU wrote, then the CIA had already revealed that the September 17, 2001 MON authorized torture in this litigation.

If true, it may be relevant to this Court’s consideration that the CIA officially acknowledged the existence of that memorandum in this very litigation.

In response to appellees’ Freedom of Information Act request, the CIA identified as responsive “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists” and “to set up detention facilities outside the United States.” Eighth Declaration of Marilyn A. Dorn

On Friday, the government responded, effectively saying that Marilyn Dorn’s declaration doesn’t count as official acknowledgement of the MON.

For the reasons set forth in the Government’s classified filings, the disclosures identified in plaintiffs’ letter, including the information provided in the Dorn declaration, do not constitute an official disclosure of the information redacted from the OLC memoranda.

Notably, in its discussion of the cases which it cited to support its claim that Dorn’s description of the MON doesn’t count, it also included language that would address John Rizzo’s extensive blabbing about the MON as well as Glenn Carle’s CIA Publication Review Board-approved reference to CIA having received a Finding covering torture (neither of which the ACLU mentioned in its letter). But look what case they cited to make that argument.

This Court applies “[a] strict test” to claims of official disclosure. Wilson v. CIA, Continue reading →