As Disneyland Measles Outbreak Rages in California, Pakistani Father Arrested After Unvaccinated Son Contracts Polio

There is very interesting news out of Pakistan today that the father of a child who has developed polio has been arrested because he refused to allow his son to be vaccinated:

After a polio case was detected here on Thur­sday, the Kohat administration arrested the father of the affected child because he had refused to get his child vaccinated against polio when vaccinators visited his home. Two health supervisors and a patwari have also been taken into custody for showing negligence in performing their duty.

Three-year-old Moham­mad is the second victim of polio in Dhodha area of Kohat district this year.

Deputy Commissioner of Kohat Riaz Khan Mehsud told Dawn on telephone that he issued orders for arrest after an inquiry revealed that the father of the affected child, Mullah Mohammad Yousuf, had not allowed vaccinators to give polio drops to his son.

But Yousuf is not the only parent who has been arrested:

He said 56 people had so far been arrested this year for refusing to get their children vaccinated against polio.

Also on Thursday, two men were arrested in Kohat for not allowing vaccinators to give polio drops to their children. They were identified as Amir Khan and Hassan Khan.

Islamic extremist groups in Pakistan agitate against polio vaccines, spreading conspiracy theories that the vaccines are Western attempts to kill or dominate Muslims. They even attack health workers and in 2014, those attacks killed more people administering vaccines than the disease itself killed.

But of course, in a civilized country like the United States, there couldn’t be misguided attempts to prevent vaccination despite the solid scientific basis of the public health benefits of vaccines, could there? Sadly, the mass delusion that has led far too many parents to leave their children unvaccinated due to unfounded fears of autism is having the very predictable result of outbreaks of viral diseases previously under control. Here’s the latest on the current outbreak of measles that epidemiologists have traced to Disneyland. Unfortunately, we are learning that because of the reckless behavior of not vaccinating children, even those who have been vaccinated are now developing the disease because of the increased exposure from the outbreak: →']);" class="more-link">Continue reading

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The Sterling Closing Arguments: Who Is the Hero, Who Is the Storyteller?

Courtroom sketch by Debra Van Poolen (http://www.debvanpoolen.com/)

Courtroom sketch by Debra Van Poolen (http://www.debvanpoolen.com/)

“Jeffrey Sterling was the hero of Risen’s story,” prosecutor Eric Olshan finished his closing argument in the Jeffrey Sterling trial. “Don’t let him be the hero of this one.”

“They are patriots,” prosecutor Jim Trump ended his remarks, speaking of the many CIA officers the jury had heard from. “They do their work without accolades.” He then compared Sterling with those patriots. “Sterling is not a patriot,” he described after accusing Sterling of betraying the CIA and his colleagues. “He is the defendant, he is guilty.”

Defense attorney Barry Pollack spoke in different terms — of the government’s insurmountable burden to present actual evidence that Jeffrey Sterling leaked national defense information to James Risen. Pollack warned of what a tragedy it would have been had the jury used the circumstantial evidence, presented by the government, that the word “Merlin” appeared on a computer Sterling used for 2 years to convict Sterling, when it turns out the word probably got there from its prior owner’s review of a piece of software called Merlin. “It would have been a tragedy” had the jury convicted Sterling based on that evidence, Pollack ended his presentation.

But along the way Pollack reminded whose story this is: James Risen’s, not Jeffrey Sterling’s, and the choices about how he presented Sterling, Bob S, and Merlin were made by him. The government, which pursued Risen’s testimony for 9 years, today presented the reporter as a mere vehicle for Jeffrey Sterling, a non-entity. Of course, no mention was made of Risen’s clear argument, in both the chapter (which the jurors will read) and the rest of the book (which jurors cannot read) that there were real reasons to be worried about CIA’s actions with respect to WMDs in both 2003 and still in 2006.

The government did a lot of good for their case in their closing arguments. Prior to today, their case was a mess, with their last witness, FBI Agent Ashley Hunt, admitting she had not even tried to gather evidence from some of the other possible sources for Risen, and had not succeeded for others. Olshan’s focus on citations from Sterling’s performance review was particularly compelling that Sterling had a role — albeit one that might have involved sharing entirely unclassified information — in Risen’s story.

Pollack did his best work pointing out that the evidence in CIA cables — particularly the timeline of meetings just before Merlin went to Vienna — suggested Merlin’s explanation for how a key letter appeared in Risen’s book did not make any sense. “There’s one problem [with Merlin's story],” Pollack claimed. “It’s not true.” CIA cables showed that Merlin had not met alone with Sterling at the time he claimed he had, so it was impossible for Sterling to have gotten a copy of the letter in the way Merlin claimed he had. Pollack also took the government’s own narrative of Sterling’s calls with Risen, and showed where they had omitted the events in Sterling’s long-running equal opportunity and publication fights with the CIA, a perfectly innocent explanation for his calls with Risen.

There was almost no room in either story for challenging these narratives of heroism and betrayal. After all, if nuclear weapons are as serious as Olshan reminded the jury they are, then perhaps the concern about giving nuclear blueprints to Iran was itself a grave concern. Perhaps whoever leaked this story to James Risen as the country went to war in the name of WMDs that didn’t exist was him- or herself a hero. That was not submitted to the jury as a possibility.

Ultimately, though, it will come down to the story the jurors themselves craft to explain how a chapter that adopts a strong narrative voice — Risen’s voice — came to be, and whether they believe the government has presented enough evidence to prove Sterling was one of the many characters in the story of how investigative reporter James Risen publicized what the government claims was one of its closest held secrets.

Before this close, I would have guessed that there was no way the jury would find Sterling guilty; the government simply had not presented any evidence. It’s not clear their evidence is any more sound now, but they have told a story that may well resonate with the jury.

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Government Tries to Implicate Sterling with Calls to CIA’s House Reporter

Watercolor of Sterling

Courtroom sketch by Debra Van Poolen (http://www.debvanpoolen.com/)

The FBI Special Agent who investigated the Merlin leak, Ashley Hunt, testified on Wednesday.

Much of the evidence she entered into the record pertained to the (remarkably limited) phone records between James Risen and Jeffrey Sterling between 2003 and 2007. While there were longer calls when Sterling lived in Missouri in 2004, before Risen went to the CIA with a story he claimed was ready to publish in April 2003, there were just a few minutes of conversation between Risen and Sterling.

One of the last things the government did while Special Agent Hunt was on the stand, however, was enter Stipulation 12, which entered phone records she had identified that took place between Jeffrey Sterling and another journalist. The records dated to around April 2003, but they were all very limited in length and some were even placed to the 800-number for the reporter’s newspaper.

The reporter in question was Ronald Kessler, who was then with the Los Angeles Times.

Kessler was also, at that time, finishing up a book, CIA at War (which would be released in October 2003), that according to the Senate Intelligence Committee Torture Report,  was “blessed” by George Tenet and completed with the “assistance” of the CIA.

In seeking to shape press reporting on the CIA’s Detention and Interrogation Program, CIA officers and the CIA’s Office of Public Affair (OPA) provided unattributed background information on the program to journalists for books, articles, and broadcasts, including when the existence of the CIA’s Detention and Interrogation Program was still classified. When the journalists to whom the CIA had provided background information published classified information, the CIA did not, as a matter of policy, submit crime reports. For example, as described in internal emails, the CIA’s [redacted] never opened an investigation related to Ronald Kessler’s book The CIA at War, despite the inclusion of classified information, because “the book contained no first time disclosures,” and because “OPA provided assistance with the book.” Senior Deputy General Counsel John Rizzo wrote that the CIA made the determination because the CIA’s cooperation with Kessler had been “blessed” by theCIA director. [footnotes omitted]

The Senate Torture Report went on to enumerate the inaccurate information Kessler had reported that CIA officials were also spreading. The report also explained that CIA “cooperated” with another Kessler book in 2007.

In other words, over the period of at least 4 years that coincided with the Merlin investigation, Ronald Kessler was considered by the CIA to be one of the most amenable reporters to CIA propaganda, all the way up to George Tenet.

Kessler was, according to the Torture Report, a guy the CIA would reach out to to spread their propaganda.

And that’s the best the government could do as far as implicating Jeffrey Sterling in speaking with reporters other than James Risen.

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Afghan Cabinet: Nominate First, Screen Later

Just under two weeks ago, it appeared that one of the final hurdles in getting the Afghan government functioning after the disputed election may have been cleared, as a full slate for the cabinet was announced. Sadly, even though Ashraf Ghani and Abdullah Abdullah took over three months to come up with the list of nominees to run their “Unity Government”, it is clear that no screening of these candidates took place, as many are now falling by the wayside. One turns out to have an Interpol red notice, as many as eleven may have dual citizenship (a direct violation of the Afghan constitution) and one may not meet the minimum age requirement.

Rod Nordland describes some of the problems that have been encountered:

Choosing the Afghan cabinet is to government what the national sport of buzkashi is to polo: a wild and woolly version with uniquely local characteristics and notably more carnage.

President Ashraf Ghani’s presentation of new cabinet nominees to Parliament on Tuesday was a case in point. One proposed nominee had just pulled out after revelations of an Interpol warrant for his arrest. Another dropped out, complaining that he did not have enough money and jobs to bribe Parliament into approving him. A third was subject to a social media smear campaign alleging that she had just gotten a new identity card so she could add a few years to her age to qualify for the job.

Several other would-be ministers were reportedly headed to the exits before Parliament got a chance to vote on them, as revelations tumbled out about dual citizenships, frowned on by the Afghan Constitution, or even, in one case, allegedly not being fluent in any national language.

It’s impossible to make this stuff up. Nordland continues:

“The candidate for rural development studied urban development, and the candidate for urban development studied rural development,” said Ramazan Bashardost, an anticorruption crusader and member of Parliament, famous for his outspokenness.

Corruption is running rampant in the confirmation process:

A more prominent nominee, Jilani Popal, a well-regarded former government official, withdrew his name from nomination as finance minister. While he is believed to have dual United States and Afghan citizenship, Mr. Popal told friends that he had pulled out when members of Parliament asked him for a total of 400 jobs in exchange for their votes, most of them in the lucrative customs service, leaving him with no slots for unstained candidates.

We get more on bribes from ToloNews:

However, a number of MPs have told TOLOnews that presidential advisor Mohammad Akram Akhpalwak has made promises of gifts to lawmakers if they vote in favor of the nominees. MPs said they had been promised IPHONE 6 mobile sets and 5-10,000 USD. Mr. Akhpalwak has meanwhile rejected the allegations.

That same ToloNews article informs us that seven of the nominees believed to have dual citizenship have been rejected by the Foreign Affairs Commission of Parliament. But over at Khaama Press, we learn that the rejection was quite the event:

The Lower House of the Parliament – Wolesi Jirga on Thursday witnessed brawl among the lawmakers over the issue of cabinet nominees holding dual citizenship.

/snip/

In the meantime, a number of the lawmakers insisted that the nominees holding dual citizenship should also be called in the session so that they can present their plans.

The lawmakers said the cabinet nominees have signed documents to surrender their second citizenship and the decision to reject the nominees with dual citizenship was not taken by the house of representatives.

Brawl among the Afghan lawmakers started after MP Shukria Barekzai critized the recent decision by joint parliamentary commission to reject the nominees insisting that the Parliament House is not authorized to deprive the rights of an Afghan national from election and voting.

The article goes on to describe a pathway through which the nominees might be brought back into eligibility. Given the slow, argument-filled route that has brought the Afghan “government” to its present state, I wouldn’t expect these questions about potential cabinet ministers to be resolved any time soon.

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Government Tries to Convict Jeffrey Sterling for Retroactively Classified Documents about Rotary Phones

Watercolor of Sterling

Courtroom sketch by Debra Van Poolen (http://www.debvanpoolen.com/)

After a week of ominous language about the dangers of leaking classified documents, the 14 jurors in the Jeffrey Sterling trial Tuesday got their first look at purportedly classified documents.

Martha Lutz, the CIA’s Chief of Litigation Support and the bane of anyone who has FOIAed the CIA in the last decade, was on the stand, a tiny woman with a beehive hairdo and a remarkably robust voice. After having Lutz lay out the Executive Orders that have governed classified information in the last two decades and what various designations mean, the government introduced four documents into evidence — three under the silent witness rule — and showed them to Lutz.

“When originally classified were these documents properly classified as secret,” the prosecution asked of the three documents.

“They weren’t,” Lutz responded.

“But they are now properly classified secret?”

“Yes,” Lutz answered.

A court officer handed out a packet of these same documents with bright red SECRET markings on the front to each juror (the government had tried to include such a warning on the binders of other exhibits, but the defense pointed out that nothing in them was actually classified at all). Judge Leonie Brinkema, apparently responding to the confused look on jurors’ faces, explained these were still-classified documents intended for their eyes only. “You’ll get the context,” Judge Brinkema added. “The content is not really anything you have to worry about.” The government then explained these documents were seized from Jeffrey Sterling’s house in Missouri in 2006. Then the court officer collected the documents back up again, having introduced the jurors to the exclusive world of CIA’s secrets for just a few moments.

On cross, however, the defense explained a bit about what these documents were. Edward MacMahon made it clear the date on the documents was February 1987 — a point which Lutz apparently missed. MacMahon then revealed that the documents explained how to use rotary phones when a CIA officer is out of the office. I believe the prosecution objected — so jurors can’t use MacMahon’s description in their consideration of how badly these documents implicate Sterling — but perhaps the improper description will help cue the jurors’ own understanding about what the documents they had glimpsed were really about, making it clear to them they’re being asked to convict a man because he possessed documents about using a rotary phone that the CIA retroactively decided were SECRET.

Along with these awesome secrets about rotary phone usage, the prosecution noted that Sterling also had a 1993 performance evaluation at his home in Missouri. Under cross, MacMahon got Lutz to correct her testimony that this PAR was not from when Sterling was a Case Officer — as she had originally explained — but from when he was a trainee. But Lutz insisted that the document would still have been secret if not redacted anyway because it would reveal the kind of trainees the CIA looks for.

You might be wondering how the government plans to use retroactively classified documents about rotary phones to convict Jeffrey Sterling for leaking details about an operation dealing nuclear blueprints to James Risen. Luckily, the government explained all that back in September 2011.

Remarkably, they argue that these documents seized from Sterling’s house in Missouri in 2006 are proof that he possessed classified documents in his house in Herndon, VA in 2003.

Although the uncharged classified documents were seized from the defendant’s residence in Missouri on October 5, 2006, the defendant had to have moved those documents from his residence in Herndon, Virginia to his residence in Missouri in August 2003. The defendant had no access to classified information while residing in Missouri, and no longer had access to any classified documents when the CIA terminated him on January 31, 2002.

Along with the FBI’s Agent’s hairdresser’s testimony, the government is offering these documents as “proof” that they’ve properly charged Sterling in Virginia and not, say, Missouri, where a judge is less likely to permit the government to wave around documents on rotary phones as if they’re an important secret.

The government also introduced these documents about rotary phone usage because — they readily admitted in that September 2011 motion –  that they were forced to do such things because they only have a circumstantial case showing that Sterling had a letter that got leaked to James Risen absent the journalist’s testimony (they submitted that motion at a time when Brinkema had limited Risen’s testimony).

The evidence of the defendant’s possession of the seized classified documents is necessary because the letter charged in Counts Three and Five no longer exists. Absent Risen’s testimony, the evidence of the defendant’s possession of the letter charged in Counts Three and Five is solely circumstantial, based largely on inferences drawn from the defendant’s involvement in Classified Program No. 1, his access to certain CIA cables containing drafts of the letter, and the small number of individuals who would have had access to a paper copy of the letter.

In other words, they’ve submitted these documents Sterling obviously got in the very early days of his CIA career to “prove” that he also had snuck a letter on the Merlin program out of the CIA in 2000 (after which point he lost access to the information) and sat on it until 2003, when he allegedly shared it with Risen.

That the government is doing so makes it all the more ridiculous that a number of CIA’s witnesses — including up to four who were themselves cleared into the Merlin program — were able to testify without answering questions about the classified documents they improperly brought home. Given that the CIA actually learned of those documents in real time, it’s likely they were a lot more interesting than instructions on how to dial a rotary phone. And following the government’s habit of making fevered inferences, their improper treatment of classified information should make them more likely candidates to be James Risen’s source than Jeffrey Sterling.

But instead, the government is arguing, in all seriousness, that Jeffrey Sterling should go to prison because of three documents on dialing a rotary phone dating to 1987.

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Ebola Outbreak Finally Receding in Sierra Leone; CDC Modeling Was Incredibly Accurate

Back in late September, just a week before Ebola panic hit a peak in the US when a patient in Dallas was diagnosed with the disease, the CDC produced a remarkable study in which they modeled the expected number of Ebola cases both with and without intervention. That study received a huge amount of press coverage, primarily because the model predicted that without intervention by public health authorities, as many as 1.4 million people could be infected. By contrast, with a program of isolating infected patients and educating survivors on proper burial techniques, the model showed that the outbreak would be much less widespread. The modeling projected cases through yesterday’s date, January 20.

Less reported in the media at the time was the projected number of cases under the scenario of intervention. The model predicted an actual number of cases between 25,000 and 30,000 by this week and a reported number of cases of nearly 10,000. Here are the two projections placed alongside one another:

CDC modeling of projected number of Ebola cases without (left) and with (right) improved patient isolation and safe burial practices.

CDC modeling of projected number of Ebola cases without (left) and with (right) improved patient isolation and safe burial practices.

The latest data from WHO indicate just over 21,000 cases as of January 11. That is a remarkable achievement by the team that developed the model. The observed actual number of reported cases fell squarely within the range predicted by the model. With the influx of health professionals to the region to provide care for infected patients, it seems likely to me that the correction factor applied in the CDC model to correct from the reported number of cases to the actual number would be very different now, so that the reported number and actual number would be much closer to one another, making the prediction even more accurate.

Last time I posted on progress in stopping the spread of the virus, we saw that the rate of appearance of new cases was dropping rapidly in Liberia but was still accelerating in Sierra Leone. The good news is that the improved practices have finally been implemented sufficiently in Sierra Leone that the rate is now dropping there. Here are the plots of weekly new cases in the two countries from the latest WHO Situation Report:

Weekly number of new cases of Ebola in Liberia (left) and Sierra Leone (right). Control of the virus was achieved about two months later in Sierra Leone than in Liberia.

Weekly number of new cases of Ebola in Liberia (left) and Sierra Leone (right). Control of the virus was achieved about two months later in Sierra Leone than in Liberia.

Although the battle is not yet over, all indications are that the outbreak is well past the worst phase and should end soon. Considering how closely the CDC model predicted the eventual size of the outbreak with the control measures that were implemented, it seems safe to say that the world would have witnessed a truly horrific level of spread of the virus had improved safety measures not been implemented. As of the January 14 WHO Situation Report, a total of 825 health care workers have been infected, with 493 of them dying. Without their sacrifices, many more would have been lost.

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Government Pioneers Hairdresser Venue-Shopping in Jeffrey Sterling Case

CIA

Here’s my latest on the Jeffrey Sterling trial from ExposeFacts.org:


Coming back into the courtroom after a break in the Jeffrey Sterling trial this afternoon, I heard an odd conversation. Apparently the government had unsuccessfully tried to get the defense to stipulate that the hairdresser for the FBI officer who had investigated this case had read James Risen’s book, State of War, in the Eastern judicial district of Virginia, where the court is located.

“There is no hairdresser privilege,” the judge presiding over the case, Leonie Brinkema, ruled.

So after a surprisingly weak presentation of computer forensic evidence, the government then called the investigating FBI officer’s hairdresser, who I will refer to as Julia P (because why shouldn’t she get the same privacy protections all the CIA’s witnesses got?). She seemed unprepared for court testimony, dressed casually. But she was a welcome breath of fresh air from all the stern witnesses preaching national security we’ve seen in the trial so far.

“Hi!” she said in a high voice as she took the stand. She explained she’d been a hairdresser for 35 years (she looked far too young for that to be the case). Julia P then confirmed that she had read State of War.

“Yessir, every chapter.”

She went on to confirm that she had read the book in Alexandria, VA shortly after it came out and that she does not have a security clearance.

The government, you see, is trying to establish they have charged Jeffrey Sterling in the proper venue. If anything has so far been presented that ties the alleged crimes to the Eastern District of Virginia, it’s not apparently clear what that is. It may be that the government had intended to use Risen’s testimony to establish venue in CIA’s home judicial district, but even there, he lives in Maryland and his office in is District of Columbia, as the government had just stipulated.

So they called the investigative Special Agent’s hairdresser.

And citing no precedent for this means to establish venue for an espionage case, the prosecution got Julia P to testify she had read a nationally released book that disclosed classified information in the same city where the trial is taking place.

Judge Brinkema then interjected, “how did you obtain the book?” It might have been either Borders or Barnes & Noble, Julia P explained. When pressed, she said it was probably in Alexandria or Arlington.

But it might have been in Bowie, Maryland, because her boyfriend lives there.

As Julia P pointed out, there are Barnes & Nobles all over.

On cross-examination, the defense asked her to clarify this, whether she knew where she bought the book. “It was probably Virginia, but it might have been Bowie,” she repeated. “You don’t remember whether you bought the book in Virginia or Maryland?” the defense asked again to be sure.

When she was dismissed, Julia P responded with the same refreshing voice, “Thank you!”

Note, of a fairly large jury pool, not a single potential juror had read Risen’s book. But to Julia P’s great credit, she has.

I’m anticipating that the venue jury instructions are going to be mighty interesting.

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Rehman’s Jinnah Institute Causes Stir as Pakistani Federal Minister Calls Out Saudi Destabilization

Back when she was Pakistan’s Ambassador to the United States, Sherry Rehman rankled the Obama Administration when she said in an interview with Christiane Amanpour that US drone strikes in Pakistan’s tribal regions “radicalize footsoldiers, tribes and entire villages“. Rehman’s time as Ambassador came to an end with the election of President Nawaz Sharif in 2013, and she has since moved on to reactivate a think tank she founded in 2010, the Jinnah Institute. In explaining the choice of name, the institute describes its core values of humanism and tolerance. Such values are quite at odds with current governance that brings Islamism to the forefront, even allowing laws banning blasphemy (with Rehman herself having been publicly accused of blasphemy).

The Jinnah Institute is holding a two day “Ideas Conclave”, and a speech delivered there by Pakistan’s Minister for Inter-provincial Coordination, Riaz Hussain Pirzada, is getting a lot of attention:

Federal Minister for Inter-provincial Coordination (IPC) Riaz Hussain Pirzada has accused the Saudi government of creating instability across the Muslim world, including Pakistan, through distribution of money for promoting its ideology.

Addressing a two-day ‘Ideas Conclave’ organised by the “Jinnah Institute” think tank in Islamabad, the federal minister said ‘the time has come to stop the influx of Saudi money into Pakistan’.

Tying Saudi funding to promotion of its ideology seems to be quite a courageous move. Pakistan’s economy was in dire shape last year when a key $1.5 billion “loan” from Saudi Arabia helped to stop the fall in currency values. By pointing out the connection between Saudi funds and the promotion of Saudi ideology (which is clearly meant to be the extremist views held by terrorists) Pirzada seems to be saying that those funds come at too high a price.

Pirzada also admonished Pakistan’s government for the institution of military courts for trial of terrorists:

He also blasted his own government for approving military courts in the presence of an ‘independent and vibrant judiciary’ and said that military courts reflect ‘weak and coward leadership’.

“Such cowardly leadership has no right to stay in power,” Pirzada added.

It will be very interesting to see how Pirzada’s speech is received across the country. Emotions are running high with the fresh memory of the Peshawar school attack and the more recent attack in Paris. Extremists, on the other hand, are looking for support from those offended by renewed and expanded attention to cartoons portraying Mohammad in the global response to the Charlie Hebdo attack. By tying the promotion of extremism to Saudi money, Pirzada and the Jinnah Institute are calling for Pakistan to pay careful attention to the consequences of accepting Saudi funds at a time when opinions on the attendant issues are being reinforced on both sides.

Rehman and the Jinnah Institute face a difficult road if they are to move Pakistan in the direction they intend, but Prizada’s speech today seems well-timed and on point for at least beginning the discussion.

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The Tie between Jeffrey Sterling and CIA-on-the-Hudson

My latest post on the Jeffrey Sterling trial notes that the same guy who called Sterling’s performance “extremely sub-par” is also the guy who set up the NYPD’s program profiling Muslims.

On Friday, former high ranking CIA officer David Cohen — who headed up the New York office while Sterling was there — described how he removed Sterling from the Merlin case because he didn’t believe Sterling was performing well at his job (an opinion neither his deputy, Charles Seidel, nor Bob S shared, at least according to their testimony). “His performance was extremely sub-par,” Cohen testified. Cohen also seemed to disdain what might be called political correctness, which if true may have exacerbated Sterling’s increasing sense of being discriminated against for being African American.

That would be consistent with the action for which Cohen has received more press in recent years: setting up the New York Police Department’s intelligence program that profiles the area’s Muslim community. In the wake of 9/11, Cohen moved from the CIA to the NYPD. In 2002, he got a federal court to relax the Handschu guidelines, which had been set up in 1985 in response to NYPD’s targeting of people for their political speech. Handschu required specific evidence before using informants to investigate a group. But, as an article from the Pulitzer Prize winning AP series described it, “Cohen told a federal judge that those guidelines made it ‘virtually impossible’ to detect terrorist plots.” After getting the rules relaxed, Cohen created teams of informants that infiltrated mosques and had officers catalog Muslim-owned restaurants, shops, and even schools. “Cohen said he wanted the squad to ‘rake the coals, looking for hot spots,’” the AP reported in 2011.

At almost precisely the same time as jury selection for Sterling’s case started, theThird Circuit Court of Appeals heard a challenge from those targeted under the program, who claim they had been discriminated against on the basis of their religion.

While the agencies involved are different, it seems notable that the primary person to find fault with Sterling’s performance at the CIA — which Sterling claimed arose from problems with his race — is the same guy who started a program targeting Muslims across the New York City area. But that detail won’t be presented to jurors at all during the trial.

Click through to see how the Russian involved in the operation invoked Valerie Plame to describe his concern about his name leaking, just weeks before it started to become clear that Vice President Cheney probably ordered that leak.

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Cyber Secret Sources Finally Met a Snowden Leak to Love!

The NYT has a story describing the rise of the North Korean 6,000-strong hacking unit, which (the story explains) the NSA has been watching closely since 2010.

Spurred by growing concern about North Korea’s maturing capabilities, the American spy agency drilled into the Chinese networks that connect North Korea to the outside world, picked through connections in Malaysia favored by North Korean hackers and penetrated directly into the North with the help of South Korea and other American allies, according to former United States and foreign officials, computer experts later briefed on the operations and a newly disclosed N.S.A. document.

A classified security agency program expanded into an ambitious effort, officials said, to place malware that could track the internal workings of many of the computers and networks used by the North’s hackers, a force that South Korea’s military recently said numbers roughly 6,000 people. Most are commanded by the country’s main intelligence service, called the Reconnaissance General Bureau, and Bureau 121, its secretive hacking unit, with a large outpost in China.

It goes on to explain why, in spite of having beacons throughout North Korea’s network, it didn’t warn Sony.

The N.S.A.’s success in getting into North Korea’s systems in recent years should have allowed the agency to see the first “spear phishing” attacks on Sony — the use of emails that put malicious code into a computer system if an unknowing user clicks on a link — when the attacks began in early September, according to two American officials.

But those attacks did not look unusual. Only in retrospect did investigators determine that the North had stolen the “credentials” of a Sony systems administrator, which allowed the hackers to roam freely inside Sony’s systems.

It even suggests that Clapper knew about North Korea’s “capabilities” even as he was having dinner with the guy in charge of it (though it does not say whether he knew about this hack).

“Because of the sensitivities surrounding the effort” to win the Americans’ release, Mr. Hale said, “the D.N.I. was focused on the task and did not want to derail any progress by discussing other matters.” But he said General Clapper was acutely aware of the North’s growing capabilities.

For the moment, I’ll set aside whether this is convincing (parts of the story — such as that North Korea’s hackers trained in China and now target China) don’t add up.

But I did want to point out two things. First, NYT relies on a document liberated by Snowden to bolster its case. It’s not clear how well it actually does bolster the case: it shows the NSA piggybacking on South Korean efforts in 2007, and then setting its own beacons. It provides a different timeline and doesn’t say how extensively the US has infiltrated North Korea. In any case, though, it is a Snowden document the secret cyber sources finally love, one that backs their immediate claims.

Finally, note what else this says: this is another example where we have intelligence but aren’t using it not because of information sharing rules, but because we’re too inattentive to make use of it. This will be useful when Congress tries to pass CISPA because of Sony.

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Emptywheel Twitterverse

emptywheel Julian Edelman has some serious guns. That's how he can take on 10 defenders and win the fumble.
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emptywheel Admit it people: none of you are gonna drink Bud after that, amirite? Adopt a puppy? yes. Drink Bud. Don't be silly.
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emptywheel Shorter Al Michaels: Pats tend to do better with their lower round draft picks.
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emptywheel @MrMurder37 Or block in the back? Goes both ways.
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bmaz RT @BeschlossDC: And believe it or not, JFK was joined while watching America’s Cup that day by young John Kerry: #JFKL http://t.co/8XtTJr
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emptywheel Best Super Bowl animal ad in some time.
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bmaz Ban Swin RT @swin24 JFK was terrible. Use him in as many Carnival ads as you wish
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emptywheel To be fair, if Wilson never attempts a throw, he'll never throw a pick.
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emptywheel @JPughMI How do you know he's a great football mind?
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emptywheel Confusing Skittles ad. Why not just call another Beast play?
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