JSOC

Cuts to CIA Militias in Afghanistan Tiny Fraction of Force Available to Them

Somehow I had missed Kimberly Dozier’s recent move from AP to The Daily Beast. In an article that she published last night, it appears that she is trying to move in on Eli Lake’s territory there as chief CIA mouthpiece. From the breathless opening, it appears that we are to wring our hands over the CIA being forced to dismantle key forces in its counterterrorism operations in Afghanistan:

The CIA is dismantling its frontline Afghan counterterrorist forces in south and east Afghanistan leaving a security vacuum that U.S. commanders fear the Taliban and al-Qaeda will fill—and leaving the Pakistan border open to a possible deluge of fighters and weapons.

“The CIA has started to end the contracts of some of those militias who were working for them,” said Aimal Faizi, spokesman for outgoing Afghan President Hamid Karzai, a longtime critic of the CIA’s Afghan operatives. “Some of them were in very important locations, so we deployed our troops there.”

U.S. and Afghan military commanders tell The Daily Beast that Afghan forces are stretched too thin to replace many of those departing CIA paramilitaries. Thousands more CIA-trained operatives are about to get the boot ahead of what already promises to be a bloody summer fighting season. That could mean spectacular attacks against U.S. and Afghan targets just as the White House is weighing its long-term commitment to Afghanistan. And it could give the now-small al-Qaeda movement inside the country more freedom to grow and eventually hatch new plots more than a decade after the invasion meant to wipe out the perpetrators of the Sept. 11th attacks. 

Note this very interesting Twitter conversation between Arif Rafiq and Blake Hounshell regarding the purpose of this article as most likely the CIA leaking the information in order to get some of the changes reversed. But there is another aspect to this story that needs to be considered. As we get further into the story, we get details on the numbers involved:

The forces now facing the chopping block are 750 members of the Counterterrorist Pursuit Teams in the Kunar region — home to the elusive Afghan al-Qaeda leader Farouq al-Qahtani al-Qatari — and the entire 3,500-strong Khost Protection Force.

Completely missing from the article is any mention of another network of small militias that also operate within Afghanistan with CIA and/or JSOC handlers “advising” them: the Afghan Local Police.  I had already noted over a year ago that with the impending pullout of US troops, control of these death squads would transition exclusively to the CIA (note Dozier’s statement that the CIA is not affected by the Bilateral Security Agreement–meaning that they have no intention of leaving even if the military is forced into the “zero option”), even as they are forced to withdraw to fewer bases.

If we look at the latest quarterly report (pdf) from the Special Inspector General for Afghanistan Reconstruction, we see that the ALP now sits at a force size of 26,647 with all but a little fewer than 900 of them fully trained. That is still a very formidable number of operatives for the CIA to control, and as seen in this post from about a year ago, they have good distribution across the country. These are ruthless forces that are not well-regarded by local residents, as we see in SIGAR’s report: Continue reading

Aikins in Rolling Stone: Zakaria Kandahari Was in Facebook Contact With Special Forces After Escaping Arrest

This photo of Zakaria Kandahari appears in Aikens' Rolling Stone article.

This photo of Zakaria Kandahari appears in Aikins’ Rolling Stone article.

By now, you undoubtedly have heard about Matthieu Aikins’ blockbuster story published yesterday by Rolling Stone, in which he provides a full description of war crimes carried out by Special Operations forces in the Nerkh District of Maidan Wardan province, Afghanistan. [If not, go read it in full, now!] I began following this story closely back in February when Hamid Karzai demanded the removal of all Special Operations forces from Maidan Wardak because of the crimes committed by this group. As more details of the crimes slowly emerged after that time, it became more and more clear that although several members of the US Special Operations A-Team participated in the crimes, a translator working for them, going by the name of Zakaria Kandahari, was central to the worst of the events. It eventually emerged that Karzai had demanded in January that the US hand Kandahari over for questioning, but the US eventually claimed that Kandahari had escaped. I had viewed that claim with extreme skepticism. Details provided by Aikins at the very end of his article provide justification for that skepticism, as it turns out that while Kandahari was “missing”, he appears to have used Facebook to stay in contact with the Special Operations team of which he had been a part.

Back in May, the New York Times carried an article detailing some of the charges against Kandahari and providing a description of his disappearance. Note especially the military’s multiple claims that they had nothing to do with the disappearance and did not know where he was:

Afghan officials investigated the events in the Nerkh district, and when they concluded that the accusations of misconduct by the team were true, the head of the Afghan military, Gen. Sher Mohammad Karimi, personally asked the American commander at the time, Gen. John R. Allen, to hand Mr. Kandahari over to the Afghan authorities.

According to a senior Afghan official, General Allen personally promised General Karimi that the American military would do so within 24 hours, but the promise was not kept, nor was a second promise a day later to hand him over the following morning. “The next morning they said he had escaped from them and they did not know where he was,” the official said.

The American official said the military was not trying to shield Mr. Kandahari. “The S.F. guys tried to pick him up, but he got wind of it and went on the lam, and we lost contact with him,” the official said. “We would have no reason to try to harbor this individual.”

And a spokesman for the American military, David E. Nevers, said General Allen “never had a conversation with General Karimi about this issue.”

That “we lost contact with him” is just one of the many lies put out by the military about this entire series of events. Look at what Aikins uncovered, just by finding Facebook traffic from the A-Team involved (but note that this moves Kandahari’s disappearance back to December from the previous accounts that put it in January): Continue reading

Afghanistan: New Green on Blue, Green on Green and a Politicized Memorial Service

With so much attention focused on Syria, it is important that we don’t lose sight of just how badly the situation in Afghanistan is limping toward a final resolution. There is a report ToloNews website this morning on a memorial service that was held yesterday in Kabul. It’s not clear why the service was held yesterday (the anniversary of the US invasion isn’t until early October), but the service was described as honoring both foreign and Afghan soldiers who have fallen in the war. While the words attributed to Dunford were simple enough in deploring terrorism, the quotes attributed to Afghan figures were appalling in their attempts to use a solemn occasion to shill for what their US military handlers want in the coming months:

Highlighting on the importance of support from the international community post-2014, the Ministry of Defense (MoD) requested the international community to continue assisting the Afghan forces by providing equipment and proper training post-2014.

The battle of Afghanistan against terrorism has seen some big sacrifices in terms of military and civilian casualties. Over the past 12 years, since the beginning of the Afghan war, over 3,000 foreign soldiers and over 10,000 Afghan soldiers have lost their lives.

The foreign forces’ combat mission is scheduled to end in the next few months, but a greater question looms large with regard to how effective has the fight against terrorism been over the past 12 years?

In light of this, Bismillah Mohammadi, the Minister of Defence expressed concerns over the training and equipping of the Afghan Security Forces post-2014. Mr. Mohammadi urged the international community to continue assisting the Afghan forces beyond 2014.

“We urge the international community to equip and train the Afghan Security Forces post- 2014,” said Mr. Mohammadi.

And how well is all that “training” going? Pretty much as we saw before. Despite massive efforts by the US to re-screen Afghan personnel in the military and to decrease the number of interaction points between Afghan recruits and their trainers, there was another green on blue killing on Saturday. From ToloNews:

“Three International Security Assistance Force (ISAF) service members died when an individual wearing an Afghan National Security Forces uniform shot them in eastern Afghanistan today,” a statement from the coalition said.

A US defence official confirmed to AFP that the three victims were from the United States.

An Afghan official, speaking on condition of anonymity, told AFP that the attack happened during a training session in the insurgency-hit province of Paktia.

The Afghan soldier opened fire on US soldiers, killing two on the spot, he said. A third later died of his wounds.

The attacker was killed when Americans and Afghan soldiers returned fire.

The article, which originally comes from AFP, lists the various programs the US has put into place in response to green on blue killings. By listing these programs in such proximity, we can see how they are self-contradictory:

There have been seven “insider attacks” this year against coalition forces, compared with 48 in 2012. ISAF officials say the decline has been due to better vetting, counter-intelligence and cultural awareness.

Foreign soldiers working with Afghan forces are regularly watched over by so-called “guardian angel” troops to provide protection from their supposed allies.

The military really wants us to believe that they have finally learned cultural awareness and that they have put into place appropriate screening and counterintelligence processes that will eliminate threats. And those programs are working so well that the military now assigns soldiers to act as armed guards during training sessions.

Hidden in a Khaama Press article today about a Taliban attack that killed eleven Afghan border police, we learn that there was an insider killing in an Afghan Local Police unit: Continue reading

US: “Never Mind That Guy Eating a Heart, We Have Handwritten Receipts For the Guns”

Don’t forget to support the Emptywheel fundraiser if you haven’t already done so. And many thanks to those who have.

Lethal aid. Nonlethal aid. Moderate groups. Radical Islamist groups. Light weapons. Anti-aircraft weapons.  We have been barraged with a dizzying array of descriptions of what is going on in Syria and to what extent the US is helping which groups.

I have been harping recently on the issue of why the Obama administration is going to great lengths to change the date and time of entry for the first CIA-trained and armed death squads the US sent into Syria. Despite public evidence the first group entered as at least 300 militants on August 17, both Barack Obama and the CIA have “leaked” that the first group of 50 entered or was armed in the last week of August or the first week of September, after the disputed chemical weapons attack on August 21. But keep in mind that these groups are the small death squads built on the US model of the CIA and JSOC troops “training” already organized militia groups that often are organized around ethnic or religious issues. These groups were at the heart of Petraeus’ vaunted COIN strategy in Iraq and Afghanistan. In those countries, they were brutal groups that were known for night raids and the ruthless killing, torture and disappearing of innocent civilians. It’s hard to imagine that the CIA and JSOC have changed their “winning” syllabus for this training, so look for more of these types of atrocities.

Those small death squads being trained by the CIA and JSOC are separate from the larger Free Syrian Army headed by General Salim Idris, who was a General in Assad’s military until his defection in the summer of 2012. A big deal has been made about the fact that the US has not been providing direct lethal aid to the FSA. In fact, back on March 1, Idris took to the pages of Foreign Policy to make his plea for lethal aid directly:

The United States has repeatedly expressed its reluctance to provide Syria’s armed opposition with weapons, due to the fear that they will fall into the hands of extremists groups. At this week’s meeting in Rome, the U.S. government promised only to provide non-lethal support. It’s time for Washington and the international community to reconsider, because the only way to prevent the rise of warlords and extremist groups is to support the organized Syrian opposition in professionalizing the armed revolution.

But look, Idris promised us that his team has things under control and nothing could go wrong with us giving him lethal aid:

In fact, the Syrian Coalition, an internationally recognized umbrella group of opposition parties, has made great strides to account for all advanced weaponry under the rebels’ control. It now registers and traces all such arms to ensure that only trained officers under the command ever receive and use them.

The problem, though, is that Idris’ claim in March that the US wasn’t helping his group with lethal aid was bullshit. As CTuttle reminded us in a comment in my post yesterday, the New York Times discussed how the CIA has been “assisting” the flow of lethal aid to the FSA and other groups for over a year. The Times article was published a little over three weeks after Idris’ plea, but documents CIA involvement in weapons shipments for a long time before that point: Continue reading

Why is Obama Changing the Date and Size of First CIA Death Squads to Enter Syria?

There is a very interesting point thrown in as a small tidbit in Monday’s New York Times story on Barack Obama securing the support of John McCain for a military strike on Syria:

Officials said that in the same conversation, which included Senator Lindsey Graham, the South Carolina Republican, Mr. Obama indicated that a covert effort by the United States to arm and train Syrian rebels was beginning to yield results: the first 50-man cell of fighters, who have been trained by the C.I.A., was beginning to sneak into Syria.

Taken at face value, this version of the story would have us believe that the first group of 50 trained by the CIA was presumably still in the process of “sneaking” into Syria on Monday. But the timeline of US training for these fighters is much more complex than that. Some foul-mouthed blogger noted back in May that this training program had already been underway for some time and the LA Times caught up with her in June, disclosing that the program began at least as far back as November 2012 on US bases in Jordan and Turkey.

The LA Times article details that the training is carried out by both special operations troops and CIA personnel. That would put this program squarely within the US tradition of training and releasing death squads that seem to be as adept at killing innocent civilians as they are at killing military targets. We have seen details of their operation in Iraq and Afghanistan under David Petraeus’ vaunted COIN program. There is no information in the LA Times article regarding the death squads entering Syria at that time. Reading between the lines of the article suggests that the squads were in a holding pattern at that point, awaiting better weapons from the US.

In direct contradiction to Obama’s Monday statement to McCain and Graham on the timing of the entry of the first US-trained death squads into Syria, we have this report from the Jerusalem Post that quotes a story first reported in Le Figaro:

The first group of 300 handpicked Free Syrian Army soldiers crossed the border on August 17 into the Deraa region, and a second group was deployed on August 19, the paper reported.

The paper quoted a researcher at the French Institute for Strategic Analysis as saying the trained rebels group was passing through Ghouta, on their way to Damascus.

Okay, now this gets interesting. Obama claimed only the first group of 50 were entering, while Le Figaro claimed there were two groups, with the first one being 300 and the second one not specified by size. Further, note the dates and location: they entered on August 17 and 19 and they passed through Ghouta. The large number of deaths from a suspected chemical warfare agent occurred on August 21 in Ghouta. In fact, the second paragraph of the Jerusalem Post article notes:

Le Figaro reported that this is the reason behind the Assad regime’s alleged chemical weapons attack in Damascus on Wednesday morning, as UN inspectors were allowed into the country to investigate allegations of WMD use.

Were these first groups of CIA-trained death squad members the target of the attack? Or could it be even worse than that? Vladimir Putin had some very interesting things to say in a wide-ranging interview today, but this bit stands out in relation to the death squad story:

“If it is determined that these rebels used weapons of mass destruction, what will the United States do with the rebels?” Mr. Putin asked. “What will the sponsors of the rebels do? Stop the supply of arms? Will they start fighting against the rebels?”

Whether they were the targets of an attack by Assad’s forces or whether they were the agents carrying out a false flag attack, US-trained death squads could well be at the center of the disputed use of chemical weapons. That would seem to be both a strong incentive and a huge tell for Obama to change both the date and the size of the entry of the first of these agents trained by the US. After all, even while reporting Obama’s leak to McCain and Graham on Monday, the New York Times noted that the training program is covert.

Except that it’s not just the US training them. Going back to the Jerusalem Post article:

The rebels were trained for several months in a training camp on the Jordanian-Syrian border by CIA operatives, as well as Jordanian and Israeli commandos, the paper said.

Oh my. That’s quite the international faculty for this training program. What new wonders await us as more graduates of the program pour into Syria?

Did NSA and JSOC Team Up to Game Obama and Monaco on Yemen Terror Alert?

NBC published a fascinating article yesterday that provided new and interesting details on the events surrounding the escalation of drone strikes in Yemen that took place in response to the “intercepted conference call” that wasn’t a conference call. Matthew Cole, Richard Esposito and Jim Miklaszewski report on the personnel and policy changes that were taking place in the Obama administration as these events unfolded and how these changes had led to a decrease in drone strikes:

Obama announced that he had chosen Lisa Monaco to replace Brennan as his top counterterror official on January 25, and she officially assumed the role of Homeland Security Advisor on March 8. The U.S. launched four strikes on Yemen between January 19 and January 23, just before Obama’s announcement about Monaco, but didn’t launch another until April 17.

“With Brennan going over to CIA and Monaco replacing him, it took time,” said a senior counterterrorism official. “This was a while coming. JSOC (the Pentagon’s Joint Special Operations Command) was pushing for more strikes and more operations but the White House slowed everything down.”

Those three strikes in mid-April were followed by another lull in strikes until mid-May, when there were two strikes just before Obama’s drone policy speech:

In tandem with the drone speech, the President issued new internal guidance to officials that tightened controls on what targets could be hit and who could make the decision to launch a drone.

What followed, sources said, was more frustration from Defense Department officials, and a third, seven-week-long interruption in drone strikes that led to a backlog of identified militant targets in Yemen.

But the “targeting” done by JSOC in Yemen isn’t of the same quality as the information prepared for targeting by the CIA for strikes in Pakistan, according to the NBC report:

In May, around the time of Obama’s speech, senior military officials prepared “targeting packages” for Monaco, with a roster of suspected militants in Yemen that they wanted to eliminate. The “targeting packages” contain background information on the identified targets. The CIA’s packages for Pakistan are often very detailed, while the Defense Department’s research on Yemeni targets was sometimes less detailed.

In fact, the JSOC apparently even admitted that some of these recent targeting packages pertained to lower level targets, but in an apparent use of pre-cogs, they claimed these were going to be important al Qaeda figures in the future and the administration had to deal with the question of “pain now, or pain later” in their recommendation to take out these lower level operatives.

Keep in mind that these meetings to discuss drone targets, also know as “Terror Tuesday” meetings, are populated by high level security personnel from many agencies. Both JSOC, as the target developer for drone strikes in Yemen, and NSA, as the purveyor of information gleaned from surveillance, would of course be present.

As @pmcall noted to me on Twitter, the “intercept” then magically appeared and opened the floodgates for strikes:

Here’s how the NBC article described that: Continue reading

Did Yemen Evacuation Cover Staging of JSOC Troops, Equipment for Attack?

A C-17 configured to carry troops being redeployed out of Bagram. (DVIDS)

A C-17 configured to carry troops being redeployed out of Bagram. (DVIDS)

Earlier this morning, a tweet from Joshua Foust alerted me to this BBC article, where it appears that some observers suspect that the US may be preparing a JSOC strike within Yemen:

Amid the escalating tensions, sources also told BBC Newsnight that the US was preparing special operations forces for possible strike operations against al-Qaeda in Yemen.

Although the US has previously sent special forces to train counter-terrorist units, there are now suggestions that the Joint Special Operations Command (JSOC), may be preparing units for strike operations, the sources said.

This information prompted me to remember that I had noticed someone mention that yesterday’s evacuation of personnel from Yemen was described as having employed an Air Force C-17. The C-17 is a highly versatile aircraft and can be rapidly reconfigured between transporting passengers and heavy equipment:

The design of the cargo compartment allows the C-17 to carry a wide range of vehicles, palleted cargo, paratroops, air-drop loads and aeromedical evacuees.

The cargo compartment has a sufficiently large cross-section to transport large wheeled and tracked vehicles, tanks, helicopters (such as the AH-64 Apache), artillery and weapons such as the Patriot missile system. Three Bradley armoured vehicles comprise one deployment load on the C-17. The US Army M1A1 main battle tank can be carried with other vehicles.

The maximum payload is 170,900lb (77,519kg) with 18 pallet positions, including four on the ramp. Airdrop capabilities include: a single load of up to 60,000lb (27,216kg), sequential loads of up to 110,000lb (49,895kg), Container Delivery System (CDS) airdrop up to 40 containers, 2,350lb (1,066kg) each, up to 102 paratroops.

Here is how the use of a C-17 in the evacuation was described:

Almost 100 U.S. government personnel were evacuated from Yemen at dawn Tuesday as the State Department urged all Americans in the country to leave “immediately” because of an “extremely high” threat of a terrorist attack — even as a U.S. drone attack killed four suspected terrorists.

U.S. officials said the “non-emergency evacuation” of “just under a hundred” personnel was carried out by an US Air Force C-17 which took off from the Yemeni capital, Sana’a, bound for Ramstein air base in Germany. Some essential embassy staff stayed behind.

And so that story would have us believe that as the C-17 left Sana’a for Ramstein, the inside looked somewhat like the photo above, but with the embassy personnel in civilian clothing instead of uniforms. But I wonder what the inside of the C-17 looked like as it landed in Sana’a. Something like this, maybe, with a number of Special Forces soldiers? (Not that tank would be the heavy equipment of choice, but you get the idea.)

A C-17 configured to carry heavy equipment. (Wikimedia Commons)

A C-17 configured to carry heavy equipment. (Wikimedia Commons)

Note also that the NBC story states the evacuation flight left at dawn. That means the C-17 would have arrived and possibly been unloaded under cover of darkness. Also note that Foust’s first assumption was that the usual course of action would have been for the US to utilize a commercial charter for the evacuation. Use of the C-17 instead of a commercial charter opens up more possibilities on what the US may have been up to with these flights.

NYTimes Carefully Transcribes Dubious Denials of US Role in Wardak Province Torture, Murders

As evidence from investigations carried out by Afghan officials continues to mount that a figure now named (although it seems quite likely to me that this is not a real name) Zakaria Kandahari is at the heart of the cases of torture and murder of Afghan civilians that prompted Hamid Karzai to ban US Special Forces from Maidan Wardak province in February, the US found it necessary to provide an anonymous official to the New York Times as they published the Afghan revelations. Here is the heart of the dispute as outlined in the Times article:

The accusations against the man, Zakaria Kandahari, and the assertion that he and much of his unit are American are a new turn in a dispute over counterinsurgency tactics in Wardak that has strained relations between Kabul and Washington. American officials say their forces are being wrongly blamed for atrocities carried out by a rogue Afghan unit. But the Afghan officials say they have substantial evidence of American involvement.

They say they have testimony and documents implicating Mr. Kandahari and his unit in the killings or disappearances of 15 Afghans in Wardak. Mr. Kandahari is of Afghan descent but was born and raised in the United States, they say. Included in the evidence, the Afghan officials say, is a videotape of Mr. Kandahari torturing one of the 15 Afghans, a man they identified as Sayid Mohammad.

As the discussion moves to the videotape, the anonymous official is trotted out:

Afghan officials who have seen the videotape say a person speaking English with an American accent can be heard supervising the torture session, which Mr. Kandahari is seen conducting.

An American official, speaking on the condition of anonymity in line with official policy, confirmed the existence of the video showing Mr. Kandahari but denied that he was an American citizen. “Everybody in that video is Afghan; there are no American voices,” the official said.

What appears not to be in dispute, then, is that Kandahari is torturing the victim in the tape. The US claims no Americans are present and even that the voice identified by the Afghans as having an American accent is not American. But how can the anonymous US official know whose voice is the one in dispute? If the person is not seen on the tape, then the only way the American official’s claim could be true is if they carried out voice analysis on a computer and got a positive match with a person known not to be American.

But the next denial from the anonymous official is even less believable. The US Special Forces group at the center of this controversy is now known to have been based in the Nerkh district of the province and to be an “A Team”, “who work with extra resources that the military calls “enablers””. Remarkably, the article doesn’t make the tiny leap that is needed to deduce that at least some of these “enablers” working with the A Team must be CIA, even though near the end of the article, it is noted that this group came to Nerkh from Camp Gecko in Kandahar and there is a definite CIA connection there: Continue reading

Shorter Mac Thornberry: the Armed Services Committees Do Oversight, Not Intelligence

As Bobby Chesney lays out, the GOP Chair of the Intelligence, Emerging Threats and Capabilities Subcommittee of the House Armed Services Committee, Mac Thornberry, has introduced legislation to codify oversight over kill-or-capture missions. Before you read the actual legislation, it’s worth reading how Thornberry described the legislation to Craig Whitlock. According to Thornberry, this is mostly about codifying what is already in place, so that mere citizens will take comfort that the oversight is in place.

“We’ve been doing a lot of this oversight anyway,” Thornberry said in an interview. “But I think it is time, for a variety of reasons, to formalize that in statute and make it clear to the American people that it’s happening, because a lot of the oversight that has gone on, most people don’t know about it.”

[snip]

In recent years, the Armed Forces subcommittee has modified the military’s reporting requirements to keep up with changes in the nature of warfare, he said. Two years ago, lawmakers passed a measure requiring the Defense Department to provide a formal quarterly briefing on counterterrorism operations. Last year, it did the same for cyber operations.

“There’s been a comfort level that’s been achieved and that’s even an additional reason to say, ‘Okay, we’ve got this down to where it’s working pretty well, so let’s put it in statute so everybody knows,’ ” he said.

At one level, this seems like Thornberry’s just trying to claim credit for what is actually taking place (that’s a read Micah Zenko also had).

But with that claim — and Ron Wyden’s year-plus effort to get a list of all the countries we’re using targeted killing authorities in — consider this aspect of the legislation.

  • Section 130f(c) – defines “sensitive military operations” (SMOs) with four elements:
  1. Operation involves lethal force or attempt to capture
  2. Carried out by US armed forces (without respect, notably, to whether those armed forces are acting in a Title 10 or Title 50 capacity, thus closing an oversight gap that arguably emerged thanks to the Traditional Military Activities exception to the Title 50 covert action definition and also ensuring that SASC and HASC stay informed on a timely and relatively granular basis when it comes to SOF or other armed forces acting temporarily within a Title 50 framework; note that the language would not obviously encompass a “proxy force” scenario involving close support to direct action conducted by a foreign security service/military).
  3. Carried out abroad (but see section 130f(d) below, which excludes Afghanistan for now)
  4. Carried out under color of the 2001 AUMF or Article II authority (that is, generally applicable except in the event of some future AUMF or some future declaration of war; obviously this element could have interactions with a possible revision to the 2001 AUMF…in the event there is a revision to the 2001 AUMF, either this passage in the SMO oversight bill would need to be tweaked or else the AUMF renewal legislation should speak directly to the SMO scenario) [my emphasis]

The legislation requires the military to inform the Armed Services Committees of such SMOs after the fact. As Chesney describes, this is a similar, though not necessarily parallel, notification system as mandated by the National Security Act for CIA’s covert ops.

Section 130f(a) – requires written, post-hoc notification to SASC and HASC.  No specific deadline; the language is “promptly.”  Not necessary that POTUS sign it, so this is not quite analogous to notification to SSCI and HPSCI of covert action findings (though there are obvious parallels).

I tend to believe that last difference — that this notification requirement doesn’t mandate sign-off from the President — is a significant one, but maybe that’s because I’m obsessed with the way Obama has hidden Bush’s role in setting up the rendition and torture program.

In any case, given Thornberry’s and Wyden’s public comments, my takeaway from all this is that it serves silence concerns that the Intelligence Committees aren’t getting briefings on JSOC’s targeted killings (or the logic underlying the killings), because the Armed Services Committees are.

Well, fine.

But does that really satisfy oversight needs? Is there a reason for the Intelligence Committees to know everything that done under Title 50, even while the Armed Services Committees know of everything done by DOD? Given the overlap between Defense and Intelligence at this point, is there a reason to sustain this dual reporting (it seems the Intelligence Committees increasingly serve as a legal way to spread propaganda about secret programs). Is either of the committees able to perform independent oversight (Intelligence clearly isn’t; I suspect some on Armed Services are, but both committees are becoming increasingly means for politicians to tap into a steady stream of campaign donations).

Perhaps this legislation is just a means to make us comfortable with the current stance of the turf battle between these two committees. And I’m not actually opposed to codifying this, particularly the requirement that the Defense Secretary brief the committees on the targeting process (though I think it should be shared in unclassified form with the public).

I’m just not sure that it actually gives us adequate oversight.

 

Somehow DOD Kept Missing Anwar al-Awlaki

I was going to leave well enough alone with this NYT article on Anwar al-Awlaki, having criticized both its legal editorializing and its selective presentation of evidence against Awlaki. But since I suspect it is intended to prepare the ground for an Obama speech on targeted killing, I want to look at how assiduously the article hides Yemeni former President Ali Abdullah Saleh’s questionable commitment to our war on terror.

Let’s start by comparing this description of the May 25, 2010 drone strike that killed Saleh rival Jabir Shabwani from the WSJ:

On May 25, 2010, a U.S. missile attack killed at least six people including Jabir Shabwani, the 31-year-old deputy governor of Yemen’s central Mareb province. The Yemeni government provided intelligence used in the strike but didn’t say Mr. Shabwani would be among those there, say several current and former U.S. military officials.

These people say they believe the information from the Yemenis may have been intended to result in Mr. Shabwani’s death. “We think we got played,” said one participant in high-level administration discussions.

The government of President Ali Abdullah Saleh denies it used the U.S. campaign to eliminate a political rival or provided misleading intelligence. They say the president and other officials were furious when they learned of Mr. Shabwani’s death. Not all U.S. officials believe the U.S. was set up.

With the version the NYT gave us:

A disastrous American missile strike in May 2010 accidentally killed a deputy provincial governor in Yemen and infuriated President Saleh, effectively suspending the clandestine war.

While even the WSJ pays lip service to Saleh’s claim to be “furious,” the NYT not only completely ignores the widely held understanding that Saleh was not furious at all because he set up the attack, but claims Shabwani was only accidentally targeted.

The event is one of the signature examples of how our reliance on unreliable partners has contributed to counterproductive drone deaths. And yet the NYT doesn’t explain that part of the tragedy.

Continue reading

Emptywheel Twitterverse
bmaz @TyreJim @sarahjeong Smiting people on the beach will not help one learn the Rule of Perpetuities.
5hreplyretweetfavorite
bmaz @GrantWoods My 17 yr old daughter just watched Godfather with my wife two nights ago. She was stunned by it. Still holds up so well.
5hreplyretweetfavorite
bmaz @joshgerstein I will stand with you. 2 against 4!
6hreplyretweetfavorite
bmaz RT @JasonLeopold: .@MargotWilliams this is great rpting: Kuwait spent $745,960 in 2013 lobbying on behalf of two Guantanamo detainees http…
6hreplyretweetfavorite
bmaz RT @APDiploWriter: Frank&Dean stomped on the terra like few others. "@SamLDorn: @hiltzikm @jaketapper @BeschlossDC Another Sinatra gem: htt…
7hreplyretweetfavorite
bmaz @fordm But outrageous secrecy against the citizenry's interest never seems to catch on, unfortunately. Maybe theyll stick with it this time!
7hreplyretweetfavorite
bmaz RT @mtracey: Here's my email to @Sulliview regarding NYT reporter Michael Barbaro's uncritical retweeting of IDF propaganda http://t.co/L47
8hreplyretweetfavorite
bmaz RT @atotalmonet: Bravo @williamfleitch for calling attention to @MichelleDBeadle's courage on Friday: http://t.co/h4SI01c2Ey
8hreplyretweetfavorite
bmaz I am on Team @michelledbeadle
8hreplyretweetfavorite
bmaz RT @benjaminwittes: What is the world's dorkiest sport? Segway jousting. And it's excellent. http://t.co/l6JbglBGxG
8hreplyretweetfavorite
bmaz @fordm Have a beer
8hreplyretweetfavorite
JimWhiteGNV RT @Ali_Gharib: Why is the Justice Dept protecting a group that opposes #Iran diplomacy from having to disclose info in court? http://t.co/
8hreplyretweetfavorite
July 2014
S M T W T F S
« Jun    
 12345
6789101112
13141516171819
20212223242526
2728293031