Pakistan Supreme Court Condemns Indefinite Detention Without Charges

While the US enters its eleventh year of maintaining the Guantanamo Prison that Barack Obama pledged to close by the end of 2009, Pakistan now finds itself in the glare of international condemnation for its own practice of indefinite detention without charges. Just last month, Amnesty International released a report (pdf) in which they pointed out widespread torture and abuse in Pakistan’s tribal areas while prisoners are held by the military and intelligence agency without charges:

Amnesty International research shows that, rather than seeking to apply and strengthen the human rights safeguards of Pakistan’s ordinary criminal justice system in the Tribal Areas, the Pakistani authorities are applying old and new security laws that authorise prolonged, arbitrary, preventive detention by the Armed Forces, and breach international human rights law. The Actions (in Aid of Civil Power) Regulations 2011 (AACPR) in particular, along with the century-old Frontier Crimes Regulation 1901 (FCR),5 provide a framework for widespread human rights violations to occur with impunity.

Both the AACPR and FCR come into play in a case argued today in Pakistan’s Supreme Court. From Reuters, we learn that although this case addresses just 11 men (now 7 due to four deaths, more on that later), the government now admits that over 700 are being held without charges:

Pakistan is holding 700 suspected Islamist militants without charge under a law that has come under fire from human rights groups, its attorney general said on Thursday.

The admission marked the first time that the strategic U.S. ally detailed how many militants it is holding in the tribal areas of the northwest under the Actions in Aid of Civil Power Regulations law.

“There is a military operation in Waziristan. Under the law we cannot try these 700 people, nor can we release them, unless the operation is over,” Attorney General Irfan Qadir told the Supreme Court, referring to a tribal area near the Afghan border.

The Reuters report, however, seems to miss the mark on several important issues in this story. First, Reuters says the case is about “seven suspected militants held without charge since May 2010″. Both Dawn and the Express Tribune point out in their stories today that the case originated with 11 men. Here is how Dawn describes that part of the background:

The 11 prisoners in the said case went missing from the gate of Rawalpindi’s Adiyala Jail on May 29, 2010 after they had been acquitted of terrorism charges pertaining to their alleged involvement in the October 2009 attacks on the Army General Headquarters and the Inter-Services Intelligence’s (ISI) Hamza Camp in the garrison town.

Later, four of the 11 died in mysterious circumstances. The Supreme Court forced the ISI and military intelligence to produce the remaining seven men in court on February 13 — an unprecedented move. The men, all in deteriorating health, were sent to the Lady Reading Hospital in Peshawar on court orders. After five of them recovered, they were shifted to an internment centre in Parachinar.

The other point that Reuters seems to miss comes when Reuters says of the men that the “Supreme Court is calling for their release” while it appears on closer reading of the Pakistani press that the “release” is from military detention into the hands of civilian authorities who would then try the men. Here is the Express Tribune: Continue reading


Delay in Publishing Afghan War “Progress” Report Forces Panetta Into “Clarification” Mode re Safe Havens in Pakistan

By law, the Department of Defense is required to prepare reports on “progress” in the war in Afghanistan twice a year. The first report for 2012 was published (pdf) in April, so one would expect the second report to follow in October. Even though this second report was provided to Congress around that time, it was not published (pdf) until yesterday. It seems likely to me that the Obama administration did not want the public to be reminded so close to the November elections just how big a failure the war effort in Afghanistan has become, and so release of the report was significantly delayed, first by the election and then presumably to allow time for more panty-sniffing in the Petraeus-Broadwell-Allen-Kelley scandal.

It turns out that delaying important reports before releasing them has consequences. Pakistan took exception to a claim in the report regarding safe havens for terrorists in Pakistan and whether Pakistan is cooperating in taking action against those terrorists. From the Express Tribune:

Pakistan on Tuesday rejected as ‘baseless’ the latest US report accusing Islamabad of undermining security in Afghanistan by allowing safe havens for insurgents.

A Pentagon report released on Monday said that Pakistan is persistently undermining security in Afghanistan by permitting safe havens for insurgents and its failure to effectively combat the flow of improvised explosive devices (IED) materials.

The October 2012 report, published by the US Department of Defense (DoD), is from the period of April to October of this year. The report says, “The insurgency’s safe havens in Pakistan, the limited institutional capacity of the Afghan government, and endemic corruption remain the greatest risks to long-term stability and sustainable security in Afghanistan.”

However, a senior security official told The Express Tribune on Tuesday on condition of anonymity that “as the drawdown approaches, the US appears to make Pakistan a scapegoat to cover up its own failures in Afghanistan.”

The accusations and Pakistan’s response continue:

The DoD report stated that the insurgency in Afghanistan receives support including sanctuary, training infrastructure, operational and financial support from within Pakistan. “The availability of sanctuary inside of Pakistan enables key elements of the insurgency to remain potent and threatening, including the Afghan Taliban and the Haqqani Taliban Network.”

But Taliban havens across the border in Pakistan, the limited capacity of the Afghan government and “endemic corruption” posed the greatest risks as the US prepares to pull out troops by the end of 2014, the Pentagon said.

Reacting to the Pentagon assessment, the official insisted that Pakistan had not permitted any “terrorist sanctuaries” on its soil. “If they (US) have any evidence about safe heavens, they should share with us,” he added.

Defense Secretary Leon Panetta was forced into issuing the equivalent of a Nixon-era “that statement is no longer operational” response to Pakistan. From Dawn: Continue reading


Malala Moved to UK for Treatment as Anger Aimed at Taliban Builds

Yesterday, Pakistan’s MQM political party held a huge rally in Karachi in support of fourteen year old Malala Yousafzai, who was shot by the Taliban on Tuesday because of her outspoken views on the education of girls in Pakistan’s Swat Valley. The rally was one of many in the past few days in which Pakistanis have spoken out against the violence of the Taliban.

In addition to the rallies, though, we also have word that a jirga in the tribal areas also has for the first time spoken out against the Taliban and its attack on Malala:

In a first for the Federally Administered Tribal Areas (Fata) since the attack on Malala Yousafzai, a grand tribal jirga condemned the murder attempt, offered prayers for the child activist, and announced support for the government in this regard on Sunday.

The Haleemzai tribe’s grand tribal jirga held at Sangar Ghallanai was attended by thousands. The Taliban attack had not been condemned publicly by any prominent individual or group in Fata until now.

Addressing the jirga, peace committee leader Muhammad Ali Haleemzai said that terrorists had destroyed schools and hospitals in the region and were working against their tribal customs, saying they wanted to push the people ‘back to the stone age’.

Haleemzai announced an alliance under the name ‘Qaumi Aman Tarron’ (‘National Peace Alliance’) to safeguard the region against terrorists and terrorism. He said the alliance would be extended to other tribes of the Mohmand Agency and invited all peace committees to participate. Haleemzai said all those involved in anti-state activity and terrorism would be punishable by a hefty fine and expulsion from the area.

The rallies and the pronouncement from the Haleemzai tribal jirga suggest that the shooting of Malala may well serve as an issue around which Pakistanis finally unite to resist the influence of the Taliban, as some have suggested.

We also learn today that Malala is being moved to the UK where she will undergo further medical treatment.  From Reuters:

The Pakistani schoolgirl shot by Taliban gunmen for pushing for girls to be educated has been sent to the United Kingdom for medical treatment, a military spokesman said on Monday.

The spokesman said in a statement that 14-year-old Malala Yousufzai, whose shooting has drawn widespread condemnation, will require prolonged care to fully recover physically and psychologically.

An air ambulance transporting Yousufzai, provided by the United Arab Emirates, had departed from Islamabad and was heading for the United Kingdom, said the spokesman.

“The panel of doctors recommended that Malala be shifted abroad to a UK center which has the capability to provide integrated care to children who have sustained severe injury,” said the spokesman in a statement.

There has been some improvement in Malala’s condition, which may well have contributed to the decision that she could now be transported:

Malik said Malala’s condition had improved and swelling on her brain’s membrane had decreased.

Pakistani doctors were also accompanying Malala, the minister said, adding that, she could also breathe without a ventilator.

The young girl will require continuing medical care:

She is being taken to the Queen Elizabeth Hospital in Birmingham – an NHS (National Health Service) hospital which has a specialist major trauma centre.

/snip/

Once she has recovered sufficiently, she is expected to need treatment to repair or replace damaged bones in her skull and to undergo neurological treatment.

It should also not be overlooked that it appeared that the majority of clerics in Pakistan spoke out against Malala’s shooting during Friday prayers.

We can only hope that Malala can one day join Gabrielle Giffords in overcoming such a horrific attack.


Leaky Leon Does More Damage

Even in his official photos Panetta can’t keep his lips closed.

Marcy pointed out even before it aired that Defense Secretary (and former CIA Director) Leon Panetta’s televised confirmation that Dr. Shakeel Afridi worked for the CIA in the effort to find and kill Osama bin Laden was a breech of security. Since then, both Marcy and I have documented the damage resulting from this disclosure, which includes Afridi being jailed instead of quietly slipping out of Pakistan and a UN doctor being shot while hundreds of thousands of Pakistani children have been denied vaccines. In further damage from Panetta’s improper disclosure, Pakistan is now in the process of expelling the aid group Save the Children over concerns that they may have a CIA tie through a link with Afridi.

But that is not the only time Panetta has disclosed secret information that he should have kept quiet. In this post where I was discussing what looked like signs of increasing cooperation between the US and Pakistan, I included video from an AP interview of Panetta. The segment I chose to post turns out to be very significant. Here is my description of the video clip and its significance:

The absence of drone strikes continued and then on August 13 Defense Secretary Leon Panetta was interviewed by Lolita Baldor and Robert Burns of AP. As seen in the video excerpt above, Panetta said that he expected Pakistan to launch military operations soon against Taliban militants in Pakistan’s Federally Administered Tribal Areas. As Bill Roggio noted at Long War Journal, this was a shocking development. After opening with “This is absolutely stunning”, Roggio went on to list his reasoning for why the announcement didn’t make much sense.

Panetta’s claim that Pakistan was about to launch military action in the FATA stunned those who watch the area closely. By publicly announcing such an unexpected action before it started, Panetta put Pakistan into an untenable position. Today’s Express Tribune details the damage arising from Panetta’s disclosure:

Pakistan has quietly conveyed to the United States to not make any public statement on its planned operation against militants in the restive North Waziristan Agency bordering Afghanistan.

The advice stems from the fact that any remarks by American officials may complicate the Pakistani authorities’ plan to create the ‘necessary environment’ for the Waziristan offensive, a senior government official said.

Speaking on the condition of anonymity, the official told The Express Tribune that the military does not want to be seen as aligned with the US on the issue of launching a fresh operation in the rugged tribal belt because of growing anti-American sentiments in the country.

Pakistan protested directly to the US about Panetta’s leak:

Islamabad voiced concerns when US Defence Secretary Leon Panetta disclosed last month that the Pakistani military was planning to start an operation against militants in North Waziristan.

/snip/

“It was inappropriate for Panetta to make that statement. There was no need for that … it really complicated the situation,” a military official commented.

Why does Leaky Leon still hold a security clearance? The Haqqani network, operating now with virtual impunity from Pakistan’s FATA, is seen as one of the largest barriers to a stable Afghanistan. By delaying Pakistan’s action against them, Panetta has made himself directly responsible for additional harm to NATO troops and innocent Afghan civilians who happen to be in the wrong place at the wrong time.


Signs of Intelligence Sharing Give Way to Call for “Divorce”: US-Pakistan Relations Continue Extreme Swings

Back on August 2, I noted a very interesting development. At a time when the US and Pakistan were holding high-level meetings both in Washington and Pakistan, a terror plot in Afghanistan reported to be in preparation by the Haqqani network was disrupted. This was a surprising development to me because at the time I was predicting that the talks between the new head of Pakistan’s ISI and CIA head David Petraeus would go badly and that the US would launch poorly targeted drone attacks in retaliation, perhaps even while General ul-Islam was in transit back to Pakistan. Instead, there seemed to be a distinct possibility that Pakistan had provided intelligence on movement of Haqqani network members from Pakistan into Afghanistan and that this intelligence allowed the plot to be disrupted before it was carried out.

Once the meetings in Washington ended, no new drone strikes occurred in Pakistan. In fact, another attack plot was thwarted in Afghanistan on August 12. Although this plot was not believed to be at the hands of the Haqqani network, there was evidence that Pakistanis were involved, which again led me to postulate that this plot also was disrupted with the help of intelligence information from Pakistan.

The absence of drone strikes continued and then on August 13 Defense Secretary Leon Panetta was interviewed by Lolita Baldor and Robert Burns of AP. As seen in the video excerpt above, Panetta said that he expected Pakistan to launch military operations soon against Taliban militants in Pakistan’s Federally Administered Tribal Areas. As Bill Roggio noted at Long War Journal, this was a shocking development. After opening with “This is absolutely stunning”, Roggio went on to list his reasoning for why the announcement didn’t make much sense. He concluded:

How many times has Pakistan promised to take action in North Waziristan, or claimed to take action there, only to make fools of top US defense officials?

The lull in drone strikes continued.

Did the US lose patience with Pakistan’s promise to launch an operation in North Waziristan? On August 18, the lull in drone strikes ended (don’t bother looking this or any other drone strike up in New America Foundation’s database, as it now appears to have been taken down). And it ended in a particularly ugly way, at midday on the day when the religious feast of Eid al-Fitr would begin at sunset. That strike has been followed up with three others, so that as of Tuesday, there were four drone strikes in as many days. The lull does not match up with Ramadan. Ramadan started on July 20 and The Bureau for Investigative Journalism’s database shows attacks on July 23 and July 29. Instead, that last strike prior to the lull was just before ul-Islam’s meetings in Washington, which started on August 1.

This sequence of events suggests to me that if there was indeed a time of increased cooperation in which ISI shared intelligence on movement of militants from the tribal areas into Afghanistan for attacks in return for no drone strikes occurring, this agreement has now fallen apart. The intense rate of drone strikes once they re-started is typical of US actions when retaliation is desired. It would not be surprising, then, for the next attack by militants moving from Pakistan to Afghanistan to be successful instead of being disrupted before it can take place.

It appears that I am not alone in thinking we are again at a low point in US-Pakistan relations. Former Pakistani envoy to the United States Hussein Haqqani suggested yesterday that the US and Pakistan should “divorce”. This latest outbreak of drone attacks could then be seen as the US serving notice of separation.


On the Questions of Drones, First Responders and Collective Punishment in Pakistan

Yesterday evening, I took the ill-advised step of jumping into an already ongoing Twitter discussion with Professor Christine Fair on the topic of drones in Pakistan. My jumping in was ill-advised on two fronts: I had not seen the comments to which Fair was responding, but, more importantly, I can’t come close to the experience, language skills and overall knowledge Fair brings to the issues of South Asia.

My first entry into the discussion was to respond to a statement from Fair in which she said that she supports drones and does not believe their use to be collective punishment. I asked whether the use of drones to attack first responders and mourners in Pakistan qualified as collective punishment and in a follow-up provided a link to the work by Chris Woods and Christina Lamb at The Bureau of Investigative Journalism where they document such attacks. Fair’s response was to point out that Woods and Lamb have not been to FATA and that the Pakistani press is heavily manipulated. She referred me to a piece she wrote for Monkey Cage for elaboration on the points she was making.

It appears that this is the post Fair was asking that I read. Before diving into it, I should point out that it is about a year old and was written primarily in response to earlier work by Woods and Lamb. For fairness, I should also point out that from the context of other tweets later in the evening, Fair was a passenger in a car during our conversation and so would have been working with fewer resources at hand than if at home and using a computer.

With that as prologue, here is Fair’s dissection of the reliance on press reports for analysis of drone attacks in Pakistan’s tribal areas (BIJ is The Bureau of Investigative Journalism and NAF is the New America Foundation, where Peter Bergen and others have produced another drone strike database):

Their methodologies and data are fundamental weaknesses, although neither seem aware of this. Both NAF and BIJ claim that they have assembled a database which covers each individual strike in Pakistan in detail.  Unfortunately, both efforts fundamentally rely upon Pakistani press reports of drone attacks. Both claim that they use non-Pakistani media reports as well. For example the BIJ explains in their methodology discussion that the “…the most comprehensive information on casualties lies in the thousands of press reports of drone strikes filed by reputable national and international media since 2004. Most reports are filed within a day or two of an attack. Sometimes relevant reports can be filed weeks – even years – after the initial strike. We identify our sources at all times, and provide a direct link to the material where possible.”

/snip/

While these methodologies at first blush appear robust, they don’t account for a simple fact that non-Pakistani reports are all drawing from the same sources: Pakistani media accunts [sic]. How can they not when journalists, especially foreign journalists, cannot enter Pakistan’s tribal areas?  Unfortunately, Pakistani media reports are not likely to be accurate in any measure and subject to manipulation and outright planting of accounts by the ISI (Pakistan’s intelligence agency) and the Pakistani Taliban and affiliated militant outfits.

The more recent report from Woods and Lamb (in which the first responder accusations are made), however, appears to have taken steps to address at least a portion of the shortcomings Fair has pointed out. Since it is not safe for foreign journalists to enter the tribal areas, Woods and Lamb engaged a group of local researchers to carry out interviews on their behalf: Continue reading


Day of Surprises in Afridi Case: Conviction Not Related to CIA Help; Ignatius Chastises CIA

There are many developments today surrounding Pakistan’s sentencing of Dr. Shakeel Afridi to 33 years in prison, including two that are quite unexpected. According to documents released today to multiple news agencies, it turns out that Afridi’s conviction is not on the treason charges relating to his work with the CIA in finding Osama bin Laden that many thought were the basis of the charges against him. Instead, the documents indicate that Afridi was convicted for aiding the outlawed group Lashkar-e-Islam, which is said to be in open conflict with Pakistan. Equally unexpected is today’s column by CIA spokesman reporter columnist David Ignatius in the Washington Post where he chastises the CIA for using Afridi in a vaccination ruse, citing the resultant danger to public health as vaccination programs come more generally under suspicion in the areas where they are needed most urgently.

Reuters gives us the basics on the documents released today by the court:

A Pakistani doctor who helped the United States find Osama bin Laden was imprisoned for aiding militants and not for links to the CIA, as Pakistani officials had said, according to a court document released on Wednesday.

Last week, a court in the Khyber tribal region near the Afghan border sentenced Shakil Afridi to 33 years in jail. Pakistani officials told Western and domestic media the decision was based on treason charges for aiding the CIA in its hunt for the al Qaeda chief.

But in the latest twist in the case, the judgment document made available to the media on Wednesday, states Afridi was jailed because of his close ties to the banned militant group Lashkar-e-Islam, which amount to waging war against the state.

Dawn fills in more details:

The order said intelligence reports had indicated that the accused had close links with the defunct LI and “his love for Mangal Bagh, Amir of Lashkar-i-Islam, and his association with him was an open secret”.

Referring to the report submitted by the JIT, it said the accused had paid Rs2 million to LI when he was serving at the Tehsil Headquarters Hospital Dogra, Bara, Khyber tribal region.

The court also accused Mr Afridi of providing medical assistance to militant commanders like Said Noor Malikdinkhel, Hazrat Sepah, Wahid Shaloberkhel and others at the hospital which he headed.

It also referred to statements by some people that militant commanders used to visit the hospital and hold private meetings with the accused. “These meetings were usually of longer duration and most often those meetings were followed by attacks by militants on security forces’ checkposts and other places at night,” the order read.

It said LI’s design to wage war against the state of Pakistan was a reality known to all and that those attacks were planned in the office of the accused. Being a public servant, the involvement of the accused in subversive activities and his role in facilitating the waging of war and attacks on security forces made him liable to be proceeded against, it added.

There is one more point that stands out in the Dawn article: Continue reading


Afridi’s Trial: Similar to Gitmo Military Commissions? Bonus: Rohrabacher Goes Bold

Abbottabad district, red, is within Kyhber Pakhtunkhwa Province, green, which is next to the Federally Administered Tribal Areas, blue, where the town of Bara is in Khyber Agency. (Wikimedia Commons)

Fallout continues from yesterday’s sentencing of Dr. Shakeel Afridi, the doctor who helped the CIA to identify Osama bin Laden prior to the US raid that killed him. Marcy commented yesterday on the poor outcome from Leon Panetta disclosing Afridi’s cooperation with the CIA and I noted how the sentencing may have been one motivation behind the potential political impetus for yesterday’s drone strike in Pakistan (which has been followed up by yet another drone strike today).

I will get to the obligatory statement of outrage from Dana Rohrabacher in a bit, but first there is a very interesting article in Dawn that has a few details from Afridi’s trial. Although Afridi’s cooperation with the CIA occurred in Abbottabad, which is in the Khyber Pakhtunkhwa Province (formerly referred to as North West Frontier Province), Afridi was tried in the town of Bara, which is in the Khyber Agency of the Federally Administered Tribal Areas (FATA). The map on the left shows the FATA in blue, most of Khyber Pakhtunkhwa in green and the Abbottabad district in red.

In the Dawn quotations below, “Khyber” refers to Kyber Agency within FATA and not Khyber Pakhtunkhwa, as far as I can tell.

Dawn describes where the trial took place and the convictions that were handed down:

Officials said Afridi had been tried at the office of assistant political agent (APA) in Bara. He was sentenced on the charges of conspiring “to wage war against Pakistan or depriving it of its sovereignty”, “concealing existence of a plan to wage war against Pakistan” and “condemnation of the creation of the state and advocacy of abolition of its sovereignty”.

“The trial conducted under the Frontier Crimes Regulation continued for one year during which Dr Afridi was denied the right to engage a lawyer,” said Rahat Gul, an administrative official at the Khyber House.

Dawn then moved on to citing criticism about where the trial took place:

Critics have said he should not have been tried under tribal law for an alleged crime that took place outside tribal jurisdiction, in the town of Abbottabad where he ran a fake vaccination programme designed to collect bin Laden family DNA.

A senior official in Khyber, Nasir Khan, defended Afridi’s trial.

“We have powers to try a resident of FATA (the federally administered tribal areas) under the FCR enforced in tribal areas,” he told AFP.

Hmmm. Venue-shopping. That would never happen in the US, especially when the chosen venue is seriously lacking in due process.

And the trial had to be secret so that Afridi would not be attacked: Continue reading


US Drone Strike in Pakistan Reeks of Political Retaliation Yet Again

Map of the Federally Administered Tribal Areas in Pakistan. Note Orakzai and North Waziristan are as close as 50 milies in some spots. (Wikimedia Commons)

Today, US drones killed four more people in North Waziristan in Pakistan’s Federally Administered Tribal Areas (FATA). This strike comes at a critical time in US-Pakistan relations, as many believed that the US and Pakistan would announce an agreement reopening NATO supply routes through Pakistan at last weekend’s NATO summit in Chicago. Instead of reaching agreement, however, Pakistan’s President Asif Ali Zardari was essentially shunned at the meeting. Today’s strike adds to that insult, as Pakistan has been objecting strenuously to US drone strikes as an imposition on Pakistan’s sovereignty. Despite US claims that Pakistan does nothing to stop insurgents in the FATA, Pakistani jets also killed 12 people today in Orakzai Agency, which is near North Waziristan and also within the FATA.

Drone strikes in Pakistan by the US have occasionally been interrupted by various diplomatic issues. For example, there was a lull of over a month at the height of negotiations over the release of Raymond Davis.  One of the most notorious US drone strikes was on March 17, 2011, the day after Raymond Davis was released. This signature strike killed over 40, and despite US claims (was that you, John Brennan?), that those killed “weren’t gathering for a bake sale” it was later determined that the majority of those killed were indeed civilians at a jirga to discuss local mineral rights. Because it was so poorly targeted, this strike always stood out in my mind as the product of an attitude where high-level US personnel demanded a target, no matter how poorly developed, simply to have something to hit since drone strikes had been on hold over the Davis negotiations and there was a need to teach Pakistan a lesson.

Not too long after that strike, another strike seemed to be timed as a response to negotiations gone bad. On April 13, 2011, there was a drone strike in South Waziristan that occurred while Pakistan’s ISI chief was in transit back to Pakistan after discussions with the US over drones was cut short.

With those strikes as background, today’s strike may well be another example of the US deciding to send in a strike to make a political point. The Guardian seems to see the strike in the same way, and notes how the strikes may affect negotiations:

The attack came as Washington runs out of patience with Islamabad’s refusal to reopen supply routes for Nato troops in Afghanistan. Continue reading


Obama’s Signature

Obama’s signature national security policy may well be the embrace of signature strikes. First in Pakistan–until they killed 38 civilians in Shiga, Pakistan, and had to rethink the strategy–and now, according to the WSJ, in Yemen.

The Obama administration has given the Central Intelligence Agency and U.S. military greater leeway to target suspected al Qaeda militants in Yemen with drones, responding to worries a new haven is being established from which to mount attacks on the West.

Mind you, the anonymous sources in this story claim this is “signature lite.” Targets need to fit the profile of High Value Targets, sources claim, to be targeted.

But Obama’s (IMO) ill-considered decision is not the most interesting part of this story.

Rather, it’s a detail that directly contradicts with the WaPo’s version of this story (besides the timing, which also suggested the decision had not yet been made, though it may have been made since). The WaPo said JSOC wasn’t all that interested in having these authorities.

The JSOC has broader authority than the CIA to pursue militants in Yemen and is not seeking permission to use signature strikes, U.S. officials said.

WSJ says JSOC did ask.

The CIA and JSOC asked last year for broader targeting powers, however, which would include leeway to conduct what are known as “signature strikes,” in which targets are identified based on patterns of behavior, such as surveillance showing they are transporting weapons.

[snip]

Recently the CIA and JSOC, citing the fears about an al Qaeda haven, renewed requests to the White House.

Perhaps the most interesting bit, though, is this backwards discussion of how you need to use signature strikes to avoid border incursions against a legitimate defensive issue.

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.

[snip]

Administration officials said the White House has no plans to allow strikes in Yemen to be as broad as those in Pakistan. CIA strikes against low-level fighters in Pakistan’s Federally Administered Tribal Areas, or FATA, are meant to prevent them from crossing the border into neighboring Afghanistan, where they are waging an insurgency against U.S. and Afghan forces.

“This is distinct from the FATA,” a senior administration official said of Yemen. “We’re using these tools judiciously and carefully to scope this as a counterterrorism effort and not an all-out counter-insurgency campaign.”

Granted, US sources claim that this use of signatures is different than the FATA and Pakistan. But given that I suspect the Saudis may be dictating this change to us, I’m rather interested in the suggestion that border incursions present the need to use signature strikes.

Because these are, after all, happening across the border from the Saudis.