Jeff Stein has a troubling scoop that both the Government Accountability Project and POGO have been burgled — POGO in recent weeks and GAP several years ago.
The POGO break-in seems of lesser concern, because they don’t appear to have taken anything — though Stein notes that POGO was involved in releasing the DOD IG Report that revealed CIA’s close ties to Zero Dark Thirty (and, because some dirty fucking hippie pointed it out, that William McRaven ordered Osama bin Laden photos “destroyed immediately” when Judicial Watch FOIAed them).
POGO is also relentless in its documentation of the waste of the F-35 program.
The GAP break-in occurred back in January 2011.
In the Jan. 6, 2011 incident, the burglars seemed interested in just a few of the computers among the dozen or so in the office. Of the six stolen, two belonged to GAP’s national security attorneys, and one to its legal director, according to GAP President Louis Clark. No culprits have been arrested.
Jesselyn Radack, the director of GAP’s National Security and Human Rights Program, is a legal adviser to Snowden.
This was the period when the WikiLeaks investigation was heating up, as was the Jeffrey Sterling prosecution. Several months later, Thomas Drake would get his plea deal.
In addition, in recent months, someone has been trying to deal GAP classified documents.
In the months since the group’s association with the fugitive leaker began, Clark said, “We have had a highly suspicious person twice try to give us so-called ‘classified’ documents.” Because the group is not a news organization, accepting classified documents could leave it open to prosecution.
It’s not surprising that weird stuff is happening to Raddack’s organization as she assist Snowden. But this does seem like a setup.
Update: Via Twitter Radack made it clear the break in to GAP was during the Thomas Drake case.
“Destroy them immediately.”
That’s what Admiral William McRaven said 11 days after Judicial Watch FOIAed for pictures of Osama bin Laden’s remains.
As I was the first to note back in June, McRaven ordered that all photos in JSOC’s possession should be purged. According to the IG Report where I first noted that order, he ordered them be sent to CIA (the final IG Report censored that reference). I thought at the time (and still believe) it was an attempt to jurisdictionally sheep dip the pictures, just as the operation had been, to get further protection for the pictures.
It’s only now, after Judicial Watch lost their suit to obtain these photos, that DOD has gotten around to providing this document that makes it clear McRaven ordered the photos not just purged, but “destroyed” after the Judiical Watch request.
It’s all so familiar!
Yesterday evening, reports appeared in both the New York Times and Khaama Press in Afghanistan that the final hurdle for the Bilateral Security Agreement had been cleared and that US President Barack Obama would sign a letter to be read at the loya jirga. The letter would note that the US has made mistakes in its war efforts in Afghanistan. Further, the letter would convey an apology along with a pledge to avoid repeating the mistakes in which innocent Afghan citizens suffered.
But for the endless war faction within the US military and government, an apology just won’t do (even if there was one to Pakistan that finally reopened the supply routes after the US killed 24 Pakistani border troops). National Security Advisor Susan Rice immediately got time with Wolf Blitzer on CNN to nip the idea of an apology in the bud:
“No such letter has been drafted or delivered. There is not a need for the United States to apologize to Afghanistan,” National Security Adviser Susan Rice said on CNN’s “Situation Room.”
“Quite the contrary, we have sacrificed and supported them in their democratic progress and in tackling the insurgents and al Qaeda. So that (letter of apology) is not on the table.”
Rice said she has seen news reports but has no idea where they are coming from, describing the claims as a “complete misunderstanding of what the situation is.”
Here’s the video:
I’m surprised she didn’t go all the way to insisting on an apology from Afghanistan for being ungrateful for all the freedom we’ve unleashed on them.
The Times version of the story has been through a number of changes. Note that the url retains the early headline for the story “Key Issue Said to be Resolved in US-Afghan Security Talks”. The story now reflects the push-back from Rice, but it also shows that diplomats are focusing on a letter anyway (but of course now can’t call it an apology):
A senior State Department official, speaking on condition of anonymity to discuss continuing negotiations, was more noncommittal, saying that a letter acknowledging past issues like civilian casualties was a possibility being weighed. “We will consider his request for reassurances, including the option of a letter from the administration stating our position,” the official said.
Under the Afghan description, in return for the letter, Mr. Karzai would then accept wording that allowed American Special Operations raids to search and detain militants within Afghan homes, but only under “extraordinary circumstances” to save the lives of American soldiers. That would seem to greatly hamper the American intent behind those operations, which commanders have said are critical to taking the fight directly to Al Qaeda and other terrorist groups.
While the nation grieves over the senseless death of Trayvon Martin and the missed opportunity to hold his killer responsible for that death, there is another senseless death of an American teenager of color where an attempt is continuing, after previous failures, to hold accountable those responsible for the lawless way in which this life was arbitrarily ended.
Exactly one year ago today, the American Civil Liberties Union and the Center for Constitutional Rights filed a lawsuit (pdf) on behalf of Nasser al-Awlaki (father of Anwar al-Awlaki and grandfather of Abdulrahman al-Awlaki) and Sarah Khan (wife of Samir Khan). The defendants in the case are former Defense Secretary Leon Panetta, Commander of Special Operations Command William McRaven, Commander of Joint Special Operations Command Joseph Votel and former CIA Head David Petraeus. The complaint cites violation of the Fourth and Fifth Amendments as well as violation of the Bill of Attainder Clause in the targeted killings of Anwar al-Awlaki, Abdulrahaman al-Awlaki and Samir Khan. Oral arguments on the suit begin tomorrow.
Given what is known about the role of Barack Obama in these killings and his personal authorization of the “kill list” in his Terror Tuesday meetings, I find it perplexing that he is not also a defendant in this case.
The complaint seeks damages in an amount to be determined at the trial and any other relief the court deems just and proper.
Coincident with the filing of the complaint in the United States District Court for the District of Columbia a year ago, the video above was released. Today, an op-ed by Nasser al-Awlaki was published in the New York Times, helping to focus attention on tomorrow’s opening arguments. The video and op-ed are truly gut-wrenching.
From the op-ed:
I LEARNED that my 16-year-old grandson, Abdulrahman — a United States citizen — had been killed by an American drone strike from news reports the morning after he died.
The missile killed him, his teenage cousin and at least five other civilians on Oct. 14, 2011, while the boys were eating dinner at an open-air restaurant in southern Yemen.
The grandfather describes his anguish as he seeks answers to the question of why his grandson was killed:
Nearly two years later, I still have no answers. The United States government has refused to explain why Abdulrahman was killed. It was not until May of this year that the Obama administration, in a supposed effort to be more transparent, publicly acknowledged what the world already knew — that it was responsible for his death.
Nasser al-Awlaki describes the huge impact an education in the United States made on his life and how he put that education to use when he returned to Yemen. More importantly, he puts the actions of the United States in killing his son and grandson significantly at odds with the values of the United States when he was a student here:
A country that believes it does not even need to answer for killing its own is not the America I once knew. From 1966 to 1977, I fulfilled a childhood dream and studied in the United States as a Fulbright scholar, earning my doctorate and then working as a researcher and assistant professor at universities in New Mexico, Nebraska and Minnesota.
After returning to Yemen, I used my American education and skills to help my country, serving as Yemen’s minister of agriculture and fisheries and establishing one of the country’s leading institutions of higher learning, Ibb University. Abdulrahman used to tell me he wanted to follow in my footsteps and go back to America to study. I can’t bear to think of those conversations now.
The op-ed closes with a direct and haunting question:
The government has killed a 16-year-old American boy. Shouldn’t it at least have to explain why?
Sadly, we can state with confidence that even before the proceedings open the government will argue that it does not have to explain why it killed Abdulrahman. Because terror. Even more sadly, it is quite likely that the court will side with this senseless and lawless argument. Because terror.
What has our country become?
Congratulations to the AP, which has caught up to the reporting I did a month ago on the way SOCOM purged their own systems of Osama bin Laden photos (and, apparently, records) and moved them to the CIA.
But it appears that this shell game involved more than just moving all these records to CIA. It appears CIA had to retroactively classify at least the photographs.
As you recall, Judicial Watch (as well as a bunch of other entities) had FOIAed any pictures of the raid. It its motion for summary judgment, JW made several complaints about the government’s FOIA response:
It is the last of these that is most interesting, given the apparent fact that DOD transfered all its photos to CIA (plus my suspicion that a lot of these are trophy photos, not official operational photos).
First, Defendants fail to identify who classified the records. Director Bennett testifies as to who generally has the authority to classify information as TOP SCERET and who generally has the authority to delegate such authority. Bennett Decl. at ¶¶ 14-15. In addition, Director Bennett states that the “Director of the CIA has delegated original TOP SECRET classification authority to me. As an original classification authority, I am authorized to conduct classification reviews and to make original classification decisions.” Id. at ¶ 18. Yet, Director Bennett does not testify that he personally classified the records. Nor does he state that any other authorized official actually classified the records. If an individual without the proper authority classified the records, Defendants have not complied with the procedural requirements of EO 13526.
Second, Director Bennett does not specifically testify as to when the 52 records were classified. Director Bennett only states that as of September 26, 2011, the 52 records are currently and properly classified. →']);" class="more-link">Continue reading
On Tuesday, I noted that, between the draft and the final, DOD’s Inspector General removed this language referring to Admiral William McRaven purging SOCOM’s network of pictures of Osama bin Laden after CIA exposed the members of SEAL Team 6.
This effort included purging these records to another Government Agency.
But there was also telling new language introduced in the final (which would have been introduced between late last year and last week). The draft included this sentence.
ADM McRaven also directed that the names and photographs associated with the raid not be released.
The final changed that language to read,
ADM McRaven also directed personnel to forego releasing names of operators and photographs associated with the raid.
The use of the word “personnel” is ambiguous, as it’s not clear whether it refers to the SEAL Team members mentioned earlier in the paragraph or to DOD staffers who handle SOCOM’s archives (or to CIA personnel who now purportedly have the photos).
But I find it telling, given another detail about Judicial Watch’s FOIA for these photos.
Recall that on February 15, 2013, DOJ informed Judicial Watch that CIA had found 7 more photos responsive to their FOIA. That happened just 4 days after Esquire published a splashy story about the guy who claimed to have been the SEAL who actually killed OBL. The current version includes this line.
In the compound, I thought about getting my camera, and I knew we needed to take pictures and ID him.
I had made the connection at the time, and I have a distinct suspicion the language was slightly different in the original (Esquire was making factual corrections along the way but the original is not on Internet Archive), making it clear that the Shooter and possibly others did take pictures, though perhaps not for operational purposes.
What kind of amped up warrior who had just helped kill the bogeyman could resist taking souvenir pictures? Could you blame them, if so?
In any case, I suspected at the time that the reason CIA “located” new photos was because they read about another set of photos in the possession in one of the guys who participated in the op, if not shot the lethal bullet. The ambiguity in the description of McRaven’s order seems to support that.
That is, what SOCOM and CIA appear to be protecting are — in significant part — the personal photos taken by the guys who did the operation.
The day before I got hopelessly buried in the rabbit warren of NSA leaks, I reported that the draft IG Report on the Obama Administration’s leaks to Zero Dark Thirty’s creators seemed to indicate that, on Admiral William McRaven’s orders, SOCOM had purged its networks of Osama bin Laden photos that were the subject of an active Judicial Watch FOIA.
According to ADM McRaven, the DoD provided the operators and their families an inordinate level of security. ADM McRaven held a meeting with the families to discuss force protection measures and tell the families that additional protective monitoring will be provided, and to call security personnel if they sensed anything. ADM McRaven also directed that the names and photographs associated with the raid not be released. This effort included purging these records to another Government Agency.
The other day the final report came out. And while I haven’t yet read the report in depth (short version: it clears the Obama Administration of all the improprieties laid out in the draft), I do notice this interesting edit.
According to ADM McRaven, DoD provided the operators and their families an inordinate level of security. ADM McRaven stated that he previously met with operators’ family members and discussed force protection measures. USSOCOM officials informed family members that protective monitoring will be initiated, and instructed them to call security personnel if security-related incidents arise. ADM McRaven also directed personnel to forego releasing names of operators and photographs associated with the raid.
They took out all mention of the “purge” of photos requested under FOIA.
To be fair, the use of the word “purge” in the original always seemed inapt, as it appears that McRaven ordered the photos on DOD servers to be moved — not destroyed — to CIA’s servers. So it’s not like McRaven ordered evidence be destroyed.
Still, as I’ll eventually get around to describing, it may have affected the outcome of the FOIA.
Which seems worthy of note. But apparently not to the people who protect top military leaders.
I wanted to point to one more detail from the DOD Inspector General’s report on Leon Panetta’s leaks to Zero Dark 30′s filmakers.
The very last page of the report describes how Admiral William McRaven responded after realizing the SEALs who had participated in the raid on Osama bin Laden’s compound had all hung around a Hollywood producer with their name badges exposed.
According to ADM McRaven, the DoD provided the operators and their families an inordinate level of security. ADM McRaven held a meeting with the families to discuss force protection measures and tell the families that additional protective monitoring will be provided, and to call security personnel if they sensed anything. ADM McRaven also directed that the names and photographs associated with the raid not be released. This effort included purging these records to another Government Agency. [my emphasis]
The report doesn’t reveal when SOCOM purged its records and handed the documents to, presumably though not definitely, CIA, though if McRaven directed it, it happened after he took command in August 2011. (Update: That’s probably not right, as he was in command of the operation in any case.)
But it’s a relevant question because Judicial Watch had FOIAed pictures of OBL on May 3, 2011, and sued 10 days later, so before all the leaking and presumably therefore the purging began. On June 26, 2011, just two days after Panetta’s leaky party, the government stalled on the suit, saying Judicial Watch had not exhausted its administrative remedies. By September 26, DOD claimed they had no pictures of OBL (though earlier this year there were reports 7 new photos had been found) and CIA claimed none of the 52 pictures they had could be released. Along with that filing, McRaven submitted a declaration explaining why these photos couldn’t be released, though the interesting parts remain redacted. John Bennett’s declaration for the CIA does not describe when the Agency searched its files for photographs, and therefore doesn’t indicate whether they searched before or after DOD purged its files.
Now, none of this timing would mitigate CIA’s claims about the extremely grave harm that would arise from releasing OBL death porn.
But it is, at the very least, very sketchy — and all that’s before having a really good sense of when the purging and the FOIA response occurred.
Update: I spoke to Judicial Watch’s lawyer for this FOIA, Michael Bekesha, and they have never been informed of this purge. Though it may explain some other details about the progress of the FOIA, including some funkiness with the classification of the photos.
Update: Here’s DOD’s declaration about their search from September 26, 2011.
It’s interesting for two reasons. First, they make claims about SOCOM files that is the exact opposite of what DOD said in the NYT/ACLU FOIA for Anwar al-Awlaki related OLC memos. Whereas in the drone FOIA, they claimed CENTCOM handled SOCOM’s FOIA responses, this one says,
The mission of USSOCOM is to provide Special Operations Forces to defend the United States and its interests. A priority of USSOCOM is to “Deter, Disrupt, and Defeat Terrorist Threats,” and a primary aspect of this priority is to plan and conduct special operations. When a special operation is conducted, the military service Components of USSOCOM (U.S. Army Special Operations Command, Navy Special Warfare Command, U.S. Air Force Special Operations Command, and Marine Corps Special Operations Command) provide Special Operations Forces (personnel and equipment) to the operation. Accordingly, it is DoD FOIA policy that documents created or maintained by these military service Components during or for a joint special operation come under the cognizance of USSOCOM and not the military services for purposes of the FOIA. Therefore, USSOCOM and not the military services, is responsible for the searches of records responsive to plaintiff’s FOIA request at those service components that may have participated in the subject operation.
And like CIA, they don’t date their search description at SOCOM, so don’t say whether it happened pre- or post-purge.
USSOCOM searched the Headquarters and relevant Components, and no records responsive to plaintiff’s request were located. The specific filing systems searched at the Headquarters USSOCOM offices and relevant Components were all hard copy and electronic records including all email records during the inclusive dates of May 1, 2011, through May 31, 2011.
We’ve known for some time that the military was rolling out its new-and-improved HUMINT function, the Defense Clandestine Service. But this article–laying out the ambitious goals of the program–is all the more interesting given several events that transpired since the NCS announcement: specifically, the Benghazi attack and the Petraeus resignation.
Part of the logic behind the move, the article explains, is that CIA is already overstretched; this will allow CIA to task DIA resources with the collection driven by military, rather than policy, needs.
The project was triggered by a classified study by the director of national intelligence last year that concluded that key Pentagon intelligence priorities were falling into gaps created by the DIA’s heavy focus on battlefield issues and CIA’s extensive workload.
Over and over, the article suggests the CIA is so busy in part because of its involvement in the drone program.
Through its drone program, the CIA now accounts for a majority of lethal U.S. operations outside the Afghan war zone.
The CIA is increasingly overstretched. Obama administration officials have said they expect the agency’s drone campaign against al-Qaeda to continue for at least a decade more, even as the agency faces pressure to stay abreast of issues including turmoil across the Middle East. Meanwhile, the CIA hasn’t met ambitious goals set by former president George W. Bush to expand its own clandestine service.
If the drone program has sucked up CIA’s time, the agency doesn’t appear to be complaining about it. On the contrary, the recently-departed David Petraeus demanded more drones, not more resources for HUMINT.
The suggestion, then, is that CIA is too busy to collect HUMINT because it is so busy being a paramilitary organization.
But look at the topics DIA is said to be focusing on.
Among the Pentagon’s top intelligence priorities, officials said, are Islamist militant groups in Africa, weapons transfers by North Korea and Iran, and military modernization underway in China.
“The CIA doesn’t want to be looking for surface-to-air missiles in Libya” when it’s also under pressure to assess the opposition in Syria, said a former high-ranking U.S. military intelligence officer who worked closely with both spy services. Even in cases where their assignments overlap, the DIA is likely to be more focused than the CIA on military aspects — what U.S. commanders in Africa might ask about al-Qaeda in Mali, for example, rather than the broader questions raised by the White House. [my emphasis]
With the argument thus laid out, Greg Miller might well have said, “DIA needs the DCS to avoid another Benghazi.” →']);" class="more-link">Continue reading
Most of the coverage of Admiral William McRaven’s letter to the special operations community telling them to shut up has focused on McRaven’s insinuation that the recent flurry of activity stems entirely from a desire for personal or political gain. But I find McRaven’s comments about what forms of publicity about special ops are appropriate just as interesting (thanks to Josh Rogin for linking a copy).
McRaven notes the importance of books on special operations as a learning tool.
Few senior SOF officers have benefited more from reading about the exploits of our legendary heroes than I. My thesis at the Naval Postgraduate School was based on a rigorous examination of the available literature, without which I could never have written my book on “The Theory of Special Operations.”
Most of these books were wonderful accounts of courage, leadership, tough decision making, and martial skill all of which benefited me as I tried to understand of our past and how it could affect missions in the future.
And he suggests that movies “provide public insights into life in special operations … that can’t be garnered anywhere else.”
Movies that portray the heroics of service members are also well worth watching and often provide the public insights into life in special operations or the service that can’t be garnered anywhere else.
Personally, I was motivated to join special operations after watching the movie, “The Green Berets”, starring John Wayne. To this day my Army brethren still wonder where I went wrong…
Countless stories have been told through the medium of film that needed to be told and I am thankful that they were.
Now, I’m grateful that McRaven has criticized OPSEC’s attempt to politicize the Osama bin Laden raid (though it does suggest a double standard). But these comments are rather troubling.
First, note that McRaven’s thesis depends on at least two first person narratives of special ops soldiers–those of Otto Skorzeny and Jonathan Netanyahu (though Netanyahu’s consists of his letters published after his death). So McRaven’s citation of his thesis hardly discredits Matt Bissonnette’s decision to publish his own first person account of his SEAL exploits.
I’m even more troubled by McRaven’s suggestion that we should turn to Hollywood to learn of stories “that need to be told.”
One reason he may do so is to legitimize the Administration’s cooperation with the Zero Dark Thirty team. If the Commander of SOCOM suggests Hollywood is the proper venue for special ops stories, it serves to distinguish the Administration’s push for publicity for the Osama bin Laden raid from that of the SEALs. (Though since Bissonnette’s already shopping his book, I expect McRaven’s position on movies may soon change.)
Of course, in doing so McRaven also suggests that fictional stories are all taxpayers should learn about these “stories that need to be told.” Not just fictional ones, either, but sensational ones. The better to inspire a future head of SOCOM to join the military, just like John Wayne did for McRaven!
Of course, that says taxpayers should only have a false understanding of the wars being fought in their names, which is a profoundly contemptuous view. I have no idea whether Bissonnette’s narrative will be accurate (the Pentagon has gotten a copy and is reading it now, so they may seize it before we get to see). But if it is accurate, why should a Hollywood movie be a more valid telling of the OBL story than the kind of firsthand account McRaven himself has relied upon?
Plus, by endorsing sensational Hollywood narratives, McRaven effectively endorses the kind of special ops hero that would, himself, seek publicity. You can’t have Hollywood serve as the legitimate venue for discussing special operations without feeding the system that would lead a SEAL to want to write his own book and sell the rights to Steven Spielberg. Hollywood created the market for such books; you can’t expect veterans not to feed it.
If the Commander of SOCOM believes the stories of special ops need to be told, then he should declassify them so they can be told in a format that is factual, sober, and complete. This endorsement of Hollywood flicks–while it may serve the Administration’s immediate interests–makes the Administration’s abuse of information asymmetry even worse. It defends not only the Administration getting exclusive control over how to the tell the stories, but suggests it should do so using fictional and sensational means.