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What State Secrets Does UANI Have? How Did They Get Them?

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.

Elsewhere, the Restis team lays out (pdf) some of the evidence for forgery: Read more

National Sickness: No Debate Allowed on Civilians Owning Weapons of War

Three fatal mass shootings within three weeks should be providing an opportunity for a national conversation on civilians having easy access to semiautomatic weapons and high capacity clips that are designed for use in war. Two of the killers in these cases were known by family and/or medical personnel to be dealing with mental issues while the third had generated at least some attention from both government and private groups that monitor groups harboring violent extreme racist views. Despite these clear warning signs in the shooters’ backgrounds, all three legally purchased and possessed their weapons that were designed for wartime use.

Instead of the nation assessing what can be done to prevent weapons designed solely for killing large numbers of people getting into the hands of those who are most likely to put them to that use, we have major players in our society fanning some of the issues that contribute to the problem. Last week, Congressman Joe Walsh delivered a speech casting Muslims as dangerous extremists bent on killing:

“One thing I’m sure of is that there are people in this country – there is a radical strain of Islam in this country -– it’s not just over there –- trying to kill Americans every week. It is a real threat, and it is a threat that is much more at home now than it was after 9/11,” Walsh said.

Walsh went on to claim that radical Islam had found its way into the Chicago suburbs, including some that he represents.

It’s here. It’s in Elk Grove. It’s in Addison. It’s in Elgin. It’s here,” he said.

Just a few days later, a man was arrested in nearby Morton Grove for firing at a mosque while people were inside praying. Fortunately, this time the shooter only used a pellet gun instead of a weapon of war, which could have led to yet another disaster.

Joe Walsh and other extremists in Congress like Michele Bachmann and Steve King happily spout their venom that fires up racists, but we also learned this week that the man behind the 2009 Department of Homeland Security report on right wing extremist groups capable of violence had his report repudiated and his team dissolved. He subsequently left DHS. Both Democracy Now and Danger Room have chronicled Johnson’s plight. Sadly, Johnson’s work was quite accurate when it came to the shooting at the Sikh temple. From Spencer Ackerman at Danger Room:

Daryl Johnson had a sinking feeling when he started seeing TV reports on Sunday about a shooting in a Wisconsin temple. “I told my wife, ‘This is likely a hate crime perpetrated by a white supremacist who may have had military experience,’” Johnson recalls. Read more

Bennie Thompson to Peter King: What about the White Supremacists?

Ranking member of the House Homeland Security Committee, Bennie Thompson, just wrote a letter to Peter King asking him to include other terrorists, in addition to Islamic extremists, in his fear-mongering hearing this month.

I write to request that you broaden the scope of your examination of ideological-based violence.

Terrorists of all ideologies seek to do Americans harm. According to a polling of state law enforcement agencies conducted by the Department of Homeland Security’s START Center of Excellence, there are a variety of domestic extremist groups more prevalent in the United States than Islamic extremists, including neo-Nazis, environmental extremists, anti-tax groups, and others. Islamic extremist groups were named a threat in 31 states, according to the poll; Neo-Nazi groups, by contrast, posed a serious threat in 46 states.

Ideological-based violence of all kinds has been on the rise, according to a variety of indicators. As the incident in Spokane, Washington, this past Martin Luther King Day has shown, Islamic extremists aren’t the only ones willing and able to utilize sophisticated devices intended to kill many Americans. In fact, three of the five CBRNE plots since 2001 were planned by white supremacist groups; none of them were attributed to Muslim extremists.

While I share your concern about the threat posed to our nation from violence borne of ideologically driven extremism, I believe that this Committee’s exploration of the current and emerging threat environment should be a broad-based examination of domestic extremist groups, regardless of their respective ideological underpinnings. I hope you share my belief that in the final analysis, the ideology of a bomb maker matters less than the lethal effects of his creation.

Sadly, I think the entire point for Peter King has always been about ideology, both back when he supported the IRA and now that he opposes Islamic extremism.

And given the response of new Republicans Chairs in the last month, King is likely to completely ignore Thompson’s request.

But at this letter puts King on notice that his ideological fear-mongering has little to do with the real threats to the US.