In the aftermath of publication of the Pentagon Papers, the Nixon Administration was so incensed that they both broke into and wiretapped the office of Daniel Ellsberg’s psychiatrist, Lewis Fielding, in an attempt to get material with which to smear Ellsberg. Ellsberg and his attorneys eventually learned of the illegal wiretap and sued Attorney General John Mitchell. Mitchell and the government were provided some shielding in Ellsberg v. Mitchell by the concept of state secrets.
Glenn Greenwald noted that when he was running for office, Barack Obama disparaged the Bush Administration’s use of the doctrine of state secrets and the expansion of its use to dismiss entire cases rather than to simply suppress individual pieces of information. And yet, once Obama got into office, Greenwald pointed out that the Obama Administration used the exact same tactic to get dismissal of Mohamed v. Jeppesen Dataplan, in which a victim of CIA rendition and torture attempted to sue the company used as a front for arranging rendition flights.
These two cases, along with other highpoints of government malfeasance in using state secrets to hide criminal behavior or simple errors by the government such as Al-Aulaqi v. Obama and Al-Haramain v. Bush all appear as case law on which the Justice Department rests its arguments in a filing (pdf) in a case in which Greek shipping executive Victor Restis is suing United Against Nuclear Iran (under their legal name of American Coalition Against Nuclear Iran, Inc.) for damages caused by UANI’s spreading of information that Restis argues is false and defaming. As I pointed out earlier, this information was spread by UANI as part of their “name and shame” campaign aimed at companies they felt were helping Iran to avoid sanctions put into place to prevent Iran developing nuclear weapons. The government’s argument is fairly straightforward, even though the government is not a named party in the suit:
The United States has reviewed the pleadings and record in this case in order to determine whether discovery and further litigation is likely to risk disclosure of information in which the Government has a specific governmental privilege and whether the claims and defenses in this action can be adjudicated without the need for or risk of disclosure of privileged information.
The Government has concluded that information that would be at risk of disclosure in discovery and further proceedings is properly subject to the state secrets privilege and should be excluded from this case. Further, because information subject to the state secrets privilege is inherently at risk of disclosure in further proceedings, the Government also seeks dismissal of this lawsuit. The reasons for these determinations are set forth in classified declarations submitted in support of the United States’ assertion of the state secrets privilege solely for the Court’s ex parte, in camera review (the “State Secrets Privilege Declarations”).
So just what is this state secrets information that could be exposed in the case? Here (pdf) is how attorneys for Restis describe the basis for UANI’s accusations:
Plaintiffs soon learned through a journalist to whom Defendants had spread these false allegations that Defendants were relying on two patently fraudulent documents whose authenticity or credibility Defendants have never attempted to defend, despite ample opportunity to do so. Nevertheless, in an effort to bolster its false allegations, Defendants repeatedly and publicly claimed that these statements were based on “numerous documents and statements,” “highly credible confidential sources,” as well as “valid research, credible documents, distinguished relationships, and preeminent sourcing.”
Hmmm. Relying on documents that are “patently fraudulent”. That sounds a lot like the forged Iraq yellowcake document to me. And Restis’ team has an idea for how the documents came into UANI’s possession (from the same filing):
Plaintiffs have reason to believe that the documents were forged by Anastasios Pallis, a Greek businessman who had a falling out with Plaintiff Mr. Restis when the latter discovered that the former had stolen millions of Euros from him and then reported Pallis to authorities. Plaintiffs understand that Mr. Pallis provided these documents to UANI through Meir Dagan, a member of UANI’s Advisory Board and former director of Israeli intelligence.
Today, the IAEA has confirmed that Iran has discontinued enrichment of uranium to 20%, and has complied with the additional steps required at the beginning of the historic agreement between Iran and the P5+1 group of nations. By implementing the interim agreement, Iran has triggered the start of the six month period for negotiation of a final agreement that will be aimed at providing verifiable assurance that Iran does not seek to develop a nuclear weapon.
Fredrik Dahl reports:
Iranhas halted its most sensitive nuclear activity under a ground-breaking deal with world powers, a confidential U.N. atomic agency report reviewed by Reuters on Monday showed, paving the way for the easing of some Western sanctions.
Western states were expected to ease sanctions later on Monday after the United Nations nuclear watchdog confirmed Iran is meeting its end of the bargain under a November 24 interim accord to resolve a decade-old dispute over its nuclear program.
Thomas Erdbrink has more:
Inspectors from the International Atomic Energy Agency, the United Nations’ nuclear watchdog, arrived in Tehran two days ago to begin validating the deal, Ali Akbar Salehi, the head of the Atomic Energy Organization of Iran, said in a statement reported by the state-financed broadcaster Press TV.
In Washington, the State Department said in a statement on Monday: “Today, the International Atomic Energy Agency provided a report on the current status of Iran’s nuclear activities, focused on the steps Iran has committed to take by or on the first day of implementation of the joint plan of action. The United States, our P5+1 partners, and the E.U. are now studying this report. We will have further public comment after all parties have had the opportunity to review the report.”
The Washington Post reports that Iran confirms it has halted the most sensitive activities:
Ali Akbar Salehi, the head of Iran’s Atomic Energy Organization and a former foreign minister, said in an interview on state television Monday that the deal with world powers over Iran’s nuclear activities was a victory for the Islamic republic.
Speaking of Western powers, and the United States in particular, Salehi said: “We know that they have power and do not wish us well. They wanted to put pressure on us with sanctions, but we were able to manage the situation well.”
Salehi, who holds a doctorate in nuclear engineering from the Massachusetts Institute of Technology, said Iran does not need to continue the 20 percent sensitive uranium enrichment program to maintain what he said are his country’s peaceful nuclear activities. The deal allows Iran to continue enriching uranium to 5 percent.
“Now the iceberg of sanctions is crumbling while our centrifuges are still also working. This is our greatest achievement,” he said.
Returning to Dahl’s report, we have more details on the report that was filed today by the IAEA (it is only two pages and can be read here):
The IAEA said Tehran had begun the dilution process and that enrichment of uranium to 20 percent had been stopped at the two facilities where such work is done.
“The Agency confirms that, as of 20 January 2014, Iran … has ceased enriching uranium above 5 percent U-235 at the two cascades at the Pilot Fuel Enrichment Plant (PFEP) and four cascades at the Fordow Fuel Enrichment Plant (FFEP) previously used for this purpose,” its report to member states said.
It was referring to Iran’s two enrichment plants, at Natanz and Fordow. Cascades are linked networks of centrifuge machines that spin uranium gas to increase the concentration of U-235, the isotope used in nuclear fission chain reactions, which is found in nature at concentrations of less than 1 percent.
Iran now stands to reap about $7 billion in sanctions relief that will phase in over the coming six months, provided that negotiations continue and that Iran continues to adhere to the terms of the interim agreement.
War mongers and backers of Israel are distinctly unhappy, but at least for now, peaceful negotiations have taken major steps toward making the world a safer place.
I’m in the middle of a deep dive in the Section 215 White Paper — expect plenty of analysis on it in coming attractions!
But I want to make a discrete point about this passage, which describes what happen to query results.
Results of authorized queries are stored and are available only to those analysts trained in the restrictions on the handling and dissemination of the metadata. Query results can be further analyzed only for valid foreign intelligence purposes. Based on this analysis of the data, the NSA then provides leads to the FBI or others in the Intelligence Community. For U.S. persons, these leads are limited to counterterrorism investigations.
The Primary Order released several weeks back calls these stored query results “the corporate store.” As ACLU laid out, the government can do pretty much whatever it wants with this corporate store — and their analysis of it is not audited.
All of this information, the primary order says, is dumped into something called the “corporate store.” Incredibly, the FISC imposes norestrictions on what analysts may subsequently do with the information. The FISC’s primary order contains a crucially revealing footnote stating that “the Court understands that NSA may apply the full range of SIGINT analytic tradecraft to the result of intelligence analysis queries of the collected [telephone] metadata.” In short, once a calling record is added to the corporate store, anything goes.
More troubling, if the government is combining the results of all its queries in this “corporate store,” as seems likely, then it has a massive pool of telephone data that it can analyze in any way it chooses, unmoored from the specific investigations that gave rise to the initial queries. To put it in individual terms: If, for some reason, your phone number happens to be within three hops of an NSA target, all of your calling records may be in the corporate store, and thus available for any NSA analyst to search at will.
But it’s even worse than that. The primary order prominently states that whenever the government accesses the wholesale telephone-metadata database, “an auditable record of the activity shall be generated.” It might feel fairly comforting to know that, if the government abuses its access to all Americans’ call data, it might eventually be called to account—until you read footnote 6 of the primary order, which exempts entirely the government’s use of the “corporate store” from the audit-trail requirement.
The passage from the White Paper seems to suggest there are limits (though it doesn’t explain where they come from, because they clearly don’t come from FISC).
This analysis must have a valid foreign intelligence purpose — which can include political information, economic information, espionage information, military information, drug information, and the like. Anything other countries do, basically.
But if the data in the corporate store pertains to US persons, the FBI can only get a lead “for counterterrorism purposes.”
At one level, this is (small) comfort, because it provides a level of protection on the dragnet use.
But it also may explain why HSBC’s US subsidiary didn’t get caught laundering al Qaeda’s money, or why JP Morgan always gets to self-disclose its support for Iranian “terrorism.” So long as the government chooses not to treat banks laundering money for terrorists as material support for terror, then they can consider these links (which surely they’ve come across in their “corporate store!) evidence of a financial crime, not a terrorist one, and just bury it.
I would be curious, though, whether the government has ever used the “corporate store” to police Iran sanctions. Does that count as a counterterrorism purpose? And if so, is that why Treasury “finds” evidence of international bank violations so much more often than it does American bank violations?
A massive earthquake has struck near the Iran-Pakistan border in the region known in both countries as Balochistan. With Iran subject to massive US sanctions that are already crippling its economy and affecting health care, responding to this disaster will be a huge challenge. Just over the border in Pakistan, the region has been torn by what some see as government-sanctioned disappearances and killings. The border in the region is quite porous and there have been a number of incidents involving both Iranian and Pakistani border control agents. The best prospects for the economy of the area to improve hinge on the Iran-Pakistan pipeline which crosses the border within about 150 miles of the epicenter and development of the port of Gwadar, which Pakistan recently signed over to China, also just over 150 miles from where the earthquake struck.
PressTV informs us that deaths from the quake have already been reported:
At least 40 people have been killed after a powerful earthquake measuring 7.5 on the Richter scale struck Iran’s southeastern Sistan and Baluchestan Province, the Iranian Seismological Center (IRSC) says.
The IRSC reported that the epicenter of the quake was situated 81 kilometers north of the city of Saravan.
Dawn reports that Iranian authorities say it is the worst earthquake to hit Iran in 40 years:
An Iranian government official said he expected hundreds of deaths from the massive 7.8 magnitude earth quake, felt as far away as New Delhi and Gulf cities of Dubai and Bahrain.
“It was the biggest earthquake in Iran in 40 years and we are expecting hundreds of dead,” said the official, who spoke on condition of anonymity.
(While this post was being written, Dawn updated the article to note that five deaths have already been reported on the Pakistan side of the border.)
The shaking was felt across large distances:
Tremors from the earthquake were felt as far away as New Delhi and the Gulf cities of Dubai and Bahrain.
Note that last year, two earthquakes in northwest Iran killed over 300 people. Those quakes had magnitudes of 6.4 and 6.2 on the Richter scale. The scale is logarithmic, so even the lower 7.5 estimate from Iran (compared to the initial 7.8 from USGS) makes this earthquake at least ten times more powerful than the quakes last summer. The region where today’s quake struck is much less populated, but with a quake of this magnitude, expect the devastation to cut a very wide swath.
The disgusting bullying of former Senator Chuck Hagel (R-NE) during his hearing yesterday on his nomination to be Secretary of Defense is demonstrated clearly in the short clip above where Senator Lindsey Graham (R-Closet) asks Hagel to “Name one person, in your opinion, who’s been intimidated by the Israeli lobby.” Hagel said he couldn’t name one. A quick look at this word cloud from the hearing, though, or at this tweet from the Washington Post’s Rajiv Chandrasekaran: “At Hagel hearing, 136 mentions of Israel and 135 of Iran. Only 27 refs to Afghanistan. 2 for Al Qaida. 1 for Mali.” shows that Hagel should be at the top of the list of those intimidated by the Israeli lobby, which yesterday was embodied by the SASC.
Hagel did himself no favors when he stumbled badly on one of the few substantive and relevant topics brought up. On Iran’s nuclear program, even after being handed a note, he bungled the Obama administration’s position of prevention, stating first that the US favors containment. [His bungled statement of the Obama administration's position should be considered separately from the logic of that position, where containment of an Iran with nuclear weapon capability is seen by some as a stabilizing factor against Israel's nuclear capabilities, while prevention could well require a highly destabilizing war.]
Overall, however, the combative nature of Republican questioning of Hagel was just as hostile as the questioning last week of former Secretary of State Hillary Clinton over the Benghazi incident. Why would Republicans turn on one of their own with a vengeance equal to that shown to their long-term nemesis? Writing at Huffington Post, Jon Soltz provides an explanation with which I agree when he frames yesterday’s hearing as a referendum on neocon policy (emphasis in original):
“Tell me I was right on Iraq!”
Essentially, that’s what Sen. McCain said during most of his time in today’s confirmation hearing for Chuck Hagel. And that sums up why the die had been cast on the Hagel nomination, before we even got to these hearings today, which I am currently at. This vote, I believed (and now believe more than ever) is a referendum on neocon policy, not on Chuck Hagel.
Much of McCain’s bullying of Hagel was centered on McCain trying to get Hagel to admit that he had been wrong to oppose the Iraq surge. This clinging to the absurd notion that the Iraq surge was a success sums up the bitter attitude of the neocons as the world slowly tries to emerge from the global damage they have caused. And that this view that the surge was a success still gets an open and unopposed position at the Senate Armed Services Committee highlights the dangerous dysfunction of one of the most influential groups in Washington.
A functional SASC would have spent much time in discussion with Lt. Col. Daniel Davis, who provided a meticulous debunking of the myth that the Iraq surge was a success. His report, however, has been quietly ignored and allowed to fade from public view. Instead, this committee has essentially abandoned its oversight responsibilities in favor of pro-war jingoism. That Hagel refuses to engage in their jingoism is at the heart of neocon hatred of him.
Hagel would have done himself and the world a favor by turning the tables on the Committee during the hearing. A report (pdf) released Wednesday by the Special Inspector General for Afghanistan Reconstruction highlights a massive oversight failure by the Senate Armed Services Committee that lies at the juxtaposition of US defense policy in both Iran and Afghanistan. Despite long-standing sanctions against US purchases of Iranian goods, the Committee has allowed the Department of Defense to purchase fuel for use in Afghanistan that could well have come from Iran. Here is the conclusion of the report (emphasis added):
DOD’s lack of visibility—until recently—over the source of fuel purchased for the ANSF raises some concerns. DOD lacked certification procedures prior to November 2012 and had limited visibility over the import and delivery sub-contracts used by fuel vendors. As a result, DOD is unable to determine if any of the $1.1 billion in fuel purchased for the ANA between fiscal year 2007 and 2012 came from Iran, in violation of U.S. economic sanctions. Controls—recently added by CJTSCC to the BPAs for ANSF fuel—requiring vendor certification of fuel sources should improve visibility over fuel sources. To enhance that visibility, it is important that adequate measures are in place to test the validity of the certifications and ensure that subcontractors are abiding by the prohibitions regarding Iranian fuel. Recently reported steps to correct weaknesses in the fuel acquisition process may not help U.S. officials’ in verifying the sources of fuel purchased with U.S. funds for the ANSF. Given the Afghan government’s continued challenges in overseeing and expending direct assistance funds, it will become more difficult for DOD to account for the use of U.S. funds as it begins to transfer funds—in March 2013—directly to the Afghan government for the procurement and delivery of ANSF fuel. In light of capacity and import limitations of the Afghan government, the U.S. government may need to take steps to place safeguards on its direct assistance funding—over $1 billion alone for ANSF fuel from 2013-2018—to ensure that the Afghan government does not use the funds in violation of U.S. economic sanctions.
Imagine the sputtering that would have ensued if Hagel had managed to ask Graham or McCain why the committee had failed to enforce the sanctions against purchasing Iranian fuel by the Defense Department. While he was busy singing “Bomb, bomb, bomb, bomb, bomb Iran” on the campaign trail in 2008, McCain was failing in his responsibility to see that Iranian fuel wasn’t purchased by the Defense Department.
While Western media routinely proclaim the danger of Iran enriching uranium to 20% since it is “just a few short steps” from the 90%+ enrichment needed for producing nuclear weapons, what is often overlooked is the role that Western sanctions on Iran play in forcing Iran to carry out this 20% enrichment. Iran treats 850,000 patients a year with medical radioisotopes and has only a 40 year old research reactor in Tehran for producing isotopes. Despite attempts by neocons to claim that the sanctions have exceptions for humanitarian goods, the reality is that the sanctions forced Iran to produce new fuel for the Tehran reactor and we see today a mention in the Iranian press suggesting that four new research reactors are planned so that Iran can produce more radiomedicines domestically.
Here is how the medical isotope situation was described by Thomas Erdbrink three years ago:
The impending shortage of technetium-99 is caused by the controversy surrounding the Iranian nuclear program. The sanctions imposed by the UN Security Council, aimed at moving Iran to halt its uranium enrichment program, are supposed to leave medical practice unaffected. In reality, however, Iran has become unable to procure a wide range of medical products. Body scanners cannot be imported from the US or the EU, since parts in these machines could also be useful to Iran’s nuclear program. An embargo on medical isotopes was introduced in 2007, in defiance of the medical exception clause touted as part of the trade sanctions, Iranian leaders said.
Isotopes are a rare commodity produced at only five sites worldwide. One of these, the High Flux Reactor in the Dutch town of Petten, currently accounts for 30 to 40 percent of worldwide production, but it is scheduled for retirement soon. Apart from the UN sanctions, so many restrictions — particularly American — on trade with Iran exist, that in practice nobody is willing to supply Iran with medical isotopes any longer.
Out of dire necessity, Iran now uses its 41-year-old research reactor in Tehran — originally constructed by the US — exclusively for isotope production, a job which used to take only a day a week. However, the reactor’s fuel, provided by Argentina in 1993, is quickly running out, the scientists said.
The situation had not improved by late 2010:
Iran imports some ready-made isotopes, but it has faced greater restrictions under UN sanctions and has to pay higher prices to get them. Sanctions do not directly ban the sale to Iran of medical equipment, but they make foreign producers more reluctant to provide it, and those who will sell it do so at inflated prices.
“We are paying twice the value of this product to import it from Turkey,” said Mohammad Reza Ramezani, an official at Shariati Hospital, pointing to a cargo of technetium-99, the most common radioisotope used in diagnosis, that arrived from Turkey at day earlier.
Iran did indeed embark on its plan to enrich to 20% and has converted a significant portion of that 20% enriched uranium to fuel plates for the Tehran reactor, a move that leaves the uranium more difficult to subject to further enrichment to weapons grade. However, many have noted that Iran now has produced much more fuel than would be needed in the near future by the Tehran reactor and yet enrichment to 20% continues. At the end of a story carried today by Fars News Agency praising Iran’s accomplishments in nuclear technology, though, we see that Iran now plans additional research reactors. It appears that these reactors will supply material for more domestically produced radiomedicines: Continue reading
Despite crippling smog in Tehran that may well derive from sanctions aimed at refined gasoline and the UN noting several months ago that US sanctions against Iran “appear to be affecting humanitarian operations in the country”, Joby Warrick chose to frame the newest round of US sanctions against Iran in language provided directly by the neocon “think tank” Foundation for the Defense of Democracies.
Warrick does briefly note in his opening paragraphs that the sanctions against Iran have its “economy already reeling”, but he doesn’t dwell on the impact to Iranian citizens of that reeling economy. Instead, he moves directly into neocon “think” with this passage (and Warrick doesn’t even get the group’s name correct):
While some previous U.S. sanctions targeted individuals and firms linked to Iran’s nuclear industry, the new policies are closer to a true trade embargo, designed to systematically attack and undercut Iran’s major financial pillars and threaten the country with economic collapse, the officials say.
“This is effectively blacklisting whole sectors of the Iranian economy,” said Mark Dubowitz, executive director of the Foundation for the Defense of Democracy[sic], a think tank. “The goal is to create a chilling effect on all nonhumanitarian commercial trade with Iran.”
By broadening the focus to entire industries, the new effort is intended to make it harder for Iran to evade sanctions through front operations, a time-honored practice in the Islamic republic, said Dubowitz, author of several studies on sanctions policy. “It was a game of whack-a-mole that the United States could never win,” he said.
Dubowitz’s framing casts those crafty Iranians as creating a game of “whack-a-mole” as they try to evade the sanctions, which he whitewashes as being aimed at “chilling all nonhumanitarian aid”. No less an authority than the UN, in a report titled “Situation of human rights in the Islamic Republic of Iran” and dated August 22, 2012, demonstrates that Dubowitz’s characterization of the sanctions is a lie, since even before this newest round, there are humanitarian effects from the sanctions:
The sanctions also appear to be affecting humanitarian operations in the country. Even companies that have obtained the requisite licence to import food and medicine are facing difficulties in finding third-country banks to process the transactions. Owing to payment problems, several medical companies have stopped exporting medicines to the Islamic Republic of Iran, leading to a reported shortage of drugs used in the treatment of various illnesses, including cancer, heart and respiratory conditions, thalassemia and multiple sclerosis.
Despite Dubowitz’s attempt to paint the sanctions as merely economic, we learned last fall that the severe impact on Iran’s economy has been devastating to its citizens. More from the UN report: Continue reading
As the sanctions regime makes life worse and worse for ordinary Iranians, we will hear more about the humanitarian impact of it.
Which is why I find OFAC’s latest enforcement action of note: Treasury fined the medical supply company, Brasseler, $18,900 for transshipping a total of $5,241 of medical supplies through third countries to Iran once in 2006 and twice in 2009.
To be fair, some of the dental equipment that Brasseler makes might be imagined to be a dual use item, in that aluminum tube kind of way. So I guess you gotta bring the hammer for shipping medical supplies that might help the Iranian people.
Cause part of accomplishing regime change in Iran is to ensure Iranians’ teeth fall out, I guess.
The latest round of talks between the P5 + 1 countries and Iran on Iran’s nuclear technology are underway today in Moscow amid mixed signals on whether any progress is expected. There is significant pressure on Iran in these negotiations as the sanctions currently in place are already causing great difficulty and they are set to move to an even more restrictive level in two weeks if no diplomatic progress is made.
Iran’s Mehr News agency is running a story with the headline “Iranian nuclear negotiators not optimistic about Moscow talks” which paints a stark picture of prospects for the talks:
The quality of the interaction of the Western countries’ representatives in the nuclear talks with Iran coupled with the atmosphere prevalent in the Baghdad talks, a reluctance for preparatory and expert talks before the Moscow meeting, and no authorization to present effective proposals have almost eroded chances for a breakthrough in the talks which starts on Monday, our correspondent says.
The Iranian negotiators say the Western countries on the 5+1 group have reneged on the agreements made in the previous meetings. They also say if the Western countries repeat their previous statements the negotiations will “definitely fail”.
Iran has clearly favored Moscow’s “step by step” proposal since the beginning of the process, and that preference also appears in this article:
There is also no sign that the Western countries are committed to the “step-by-step” approach or any new proposals will be presented in the talks on Monday and Tuesday.
According to the “step-by-step” proposal, which was first revealed by Russian Foreign Minister Sergei Lavrov at the Moscow Embassy in Washington on July 12, 2011, Iran would take steps to increase cooperation with the International Atomic Energy Agency and those steps would be rewarded with a gradual easing of sanctions.
Almost out of nowhere, Joby Warrick’s article in the Washington Post, which mostly centers on the status of sanctions now in place against Iran and the new sanctions set to kick in soon provides a “step by step” reference at the end. In this case, it seems significant that the reference is attributed to a Western diplomat:
But the Moscow talks could bog down quickly if Iran persists in demanding immediate relief from Western economic sanctions in exchange for any downsizing of its nuclear ambitions, U.S. diplomats and Iran experts say. Obama administration officials have said they would oppose a significant easing of sanctions until Iran makes verifiable cuts that sharply restrict its ability to develop nuclear weapons.
“We need to see a step-by-step process, with the core issue being an agreement by Iran on 20 percent enriched uranium,” said a Western diplomat involved in preparations for the Moscow talks. Continue reading