DOD’s Inspector General Disappears William McRaven’s “Purge”

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.

 


DOD Inspector General Report: SOCOM Purged Their Osama bin Laden Files after Judicial Watch FOIA

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.


Spooks in Wolf’s Clothing

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.

[snip]

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.

[snip]

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.” Continue reading


Admiral McRaven: Taxpayers Should Learn about Special Operations from Hollywood Movies

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.


Peter Bergen’s Bumper Sticker

Yesterday, just two days after the unofficial start of the General Election, Joe Biden officially rolled out the slogan he had already warned would be his refrain for the entire campaign season:

If you’re looking for a bumper sticker to sum up how President Obama has handled what we inherited, it’s pretty simple: Osama bin Laden is dead and General Motors is alive.

Also yesterday, Time Magazine rolled out a Peter Bergen article, The Last Days of Osama Bin Laden (which is still behind the paywall), accompanied not just by a bunch of other piggy-backed articles, but the letter above, Leon Panetta’s record of National Security Advisor Tom Donilon’s call telling him the operation against OBL was a go.

I guess we’re supposed to assume the timing of the two events is entirely coincidental.

The other event that transpired yesterday–Judge James Boasberg’s order ruling the CIA had properly withheld 52 photos taken during the raid on OBL’s compound under FOIA exemption 1 (properly classified information)–probably was just a coincidence.

But it does remind us that the photos–that is, records of the same covert operation as Leon Panetta’s note recorded–were immediately stamped “Top Secret,” considered derivatively classified, and subsequently formally classified and withheld from FOIA.

And yet, here Panetta’s note is, somehow having evaded the classification stamps. That, in spite of the fact that it records the normally religiously guarded Presidential communications, not to mention details of how CIA and JSOC work together on covert ops, the time it was officially okayed, that McRaven was informed first even though CIA was ostensibly in charge of the op. All of it stuff that, had the op blown up in Obama’s face, would be as carefully guarded as those pictures of OBL’s funeral.

In my mind, this whole festival of information asymmetry targeted at voters is capped off by the byline involved: Peter Bergen.

When I read about the imprisonment of journalists like Abdulelah Haider Shaye, or the wiretapping of Lawrence Wright and Christiane Amanpour, I think back to Bergen, who in the days after 9/11 was an important, reliable source who knew more about al Qaeda than many of the people taxpayers were paying to keep us safe. I’ve always thought, as our government targets journalists covering Islamic extremists, we’re handcuffing the next Peter Bergen, that journalist who is right now collecting the information our intelligence community is neglecting.That Peter Bergen is likely to be imprisoned, like Shaye, for talking directly to a terrorist.

And what has Bergen become, along the way? The outlet for officially leaked information–one more tool in the President’s toolbox of information asymmetry.

I don’t blame the Obama Administration for running on Joe Biden’s pithy slogan. But I do blame it for corrupting information in this way, both the system of classification that should be free from politics, and the space it accorded journalists to do their job when the government wasn’t.

Update: See this for details of how Brian Williams will film Obama and friends re-enacting last year’s Sit Room drama as they killed OBL.

Update: One of the things Judicial Watch complained about in their OBL suit is that the photos were probably classified only after the government received their FOIA on May 2 (to DOD) and May 4 (to CIA). CIA Information Review Officer Elizabeth Anne Culver explained that the CIA always considered the photos classified.

Contrary to Plaintiff’s suggestion, after their creation these extraordinarily sensitive images were always considered to be classified by the CIA and were consistently maintained in a manner appropriate for their classification level.

So wouldn’t Panetta’s note be considered derivatively classified, just like the photos? If so, why doesn’t have declassification markings now?


“Quiet Lobbying Campaign” For SOCOM: Hollywood Movie, President’s Campaign Slogan

Coming so quickly on the heels of Lt. Col. Daniel Davis documenting the depraved level of lying that characterizes the primary mode of action for many at the top levels in our military, it’s galling that Admiral William McRaven would take to the front page of today’s New York Times to advance his efforts–hilariously and tragically labeled by the Times as a “quiet lobbying campaign”–to gain an even freer hand for the Special Operations Command, which he heads.

Never forget that it was from within Special Operations that Stanley McChrystal shielded Camp NAMA, where torture occurred, from the International Committee of the Red Cross. Never forget that it was Special Operations who instituted the dark side of the COIN (counterinsurgency) campaign in Afghanistan that relied on poorly targeted night raids that imprisoned and tortured many innocent civilians. Never forget that Dick Cheney and Donald Rumsfeld bypassed the normal chain of command to work directly with Stanley McChrystal when he headed JSOC, sending McChrystal on missions not reported to area command. This relationship with Cheney and Rumsfeld had a strong effect on JSOC, as noted by Jeremy Scahill:

Wilkerson said that almost immediately after assuming his role at the State Department under Colin Powell, he saw JSOC being politicized and developing a close relationship with the executive branch.

Among the military commanders being bypassed by Cheney and Rumsfeld was the head of SOCOM, the position that McRaven (who was McChyrstal’s deputy when most of McChrystal’s war crimes were carried out) now occupies, but this same attitude of teaming with the executive branch to bypass the regular defense chain of command has survived intact.

Today’s article in the Times opens this way:

As the United States turns increasingly to Special Operations forces to confront developing threats scattered around the world, the nation’s top Special Operations officer, a member of the Navy Seals who oversaw the raid that killed Osama bin Laden, is seeking new authority to move his forces faster and outside of normal Pentagon deployment channels.

The officer, Adm. William H. McRaven, who leads the Special Operations Command, is pushing for a larger role for his elite units who have traditionally operated in the dark corners of American foreign policy. The plan would give him more autonomy to position his forces and their war-fighting equipment where intelligence and global events indicate they are most needed.

At least the Times does pay a short homage to the quaint, old way of the chain of command as it currently exists:

While President Obama and his Pentagon’s leadership have increasingly made Special Operations forces their military tool of choice, similar plans in the past have foundered because of opposition from regional commanders and the State Department. Continue reading


Ahmed Abdulkadir Warsame and the Paper Trail Preventing Floating Ghost Prisons

Given the defeat of the Udall Amendment, it looks likely the Defense Authorization will include provisions mandating military detention for most accused terrorists (though the Administration has already doubled down on their veto threat).

So I’d like to look at an aspect of the existing detainee provision language that has gotten little notice: the way it requires the Administration to create a paper trail that would prevent it from ghosting–disappearing–detainees. In many ways, this paper trail aspect of the detainee provisions seems like a justifiable response to the Administration’s treatment of Ahmed Abdulkadir Warsame.

The Administration unilaterally expanded detention authorities in its treatment of Warsame

As you recall, Ahmed Abdulkadir Warsame is a Somali alleged to be a member of al-Shabab with ties with Al Qaeda in the Arabian Peninsula. When the Administration detained Warsame, al-Shabab was not understood to fall under the 2001 AUMF language. The Administration effectively admitted as much, anonymously, after he was captured.

While Mr. Warsame is accused of being a member of the Shabab, which is focused on a parochial insurgency in Somalia, the administration decided he could be lawfully detained as a wartime prisoner under Congress’s authorization to use military force against the perpetrators of the Sept. 11, 2001, attacks, according to several officials who spoke on the condition of anonymity to discuss security matters.

But the administration does not consider the United States to be at war with every member of the Shabab, officials said. Rather, the government decided that Mr. Warsame and a handful of other individual Shabab leaders could be made targets or detained because they were integrated with Al Qaeda or its Yemen branch and were said to be looking beyond the internal Somali conflict.

And while he had no problem extending the AUMF to include al-Shabab in the war on terror detention authorities, one of the big SASC champions of these detainee provisions, Lindsey Graham, clearly believed Warsame was not included in existing detention authorities.

Senator Lindsey Graham, Republican of South Carolina, said in an interview that he would offer amendments to a pending bill that would expand tribunal jurisdiction and declare that the Shabab are covered by the authorization to use military force against Al Qaeda.

So to begin with, Warsame was detained under AUMF authority that one loud-mouthed, hawkish member of the SASC didn’t believe was actually included under it.

And then there’s the way the Administration ghosted Warsame for 2 months.

The US captured Warsame on April 19, then whisked him away to the amphibious assault ship, the Boxer, where he was interrogated by members of the High Value Detainee Interrogation Group (which, remember, includes DOJ, Intelligence, and military members) for two months. Continue reading


JSOC Decides It’s Ready to Return to Shadows … Soon

Vice Admiral William McRaven, the Commander of the Joint Special Operations Command–which has been celebrated for the last two weeks for its role in getting Osama bin Laden–told Marc Ambinder (who has long been one of the most informative writers on JSOC and wrote a detailed profile of them last week)–that he’d like JSOC to return to the shadows … soon.

Vice Adm. William McRaven, JSOC’s commanding general, expected a degree of exposure before the raid but hopes that his command’s 15 minutes of fame are over soon, two military officials said.

Though some other JSOC officers are not so sure they want to return to complete obscurity.

Some senior JSOC officers are prepared to deal with a future that includes more openness about their operations.

But it does seem rather remarkable that, after almost two weeks of barely anonymized national security sources leaking like justifiably proud sieves, someone has decided there has been enough.

Ambinder describes several details that national security types now worry may have revealed too much. Obama revealing–indirectly–that the special features on the Blackhawk we lost cost $10 million. The revelation that OBL relied on thumb drives to give couriers to transport his emails to a remote location to be sent. Or this list of CIA-related issues: “the existence of a CIA safe house in Abbottabad, the use of a sophisticated drone to surveil the compound, and the extent to which the CIA was able to monitor what was happening inside.”

But I wonder whether this newfound sensitivity–and the blame placed by “some” on the “dozens of [members of Congress] who have been given extensive briefings on the intelligence and the raid,” rather than the White House personnel who have obviously been behind most of the leaking, doesn’t have to do with stories like this coming out, with CBS’s animated simulation of the raid complete with details taken from the operatives’ head cameras:

  • The only firefight took place in the guesthouse, where one of bin Laden’s couriers open-fired
  • No one in the main building got off a shot or was even armed (although there were weapons nearby)
  • When the second SEAL entered bin Laden’s bedroom, bin Laden’s wife rushed at him, or perhaps was pushed forward by bin Laden

In other words, we’re beginning to learn solid details that undercut the narrative the government has been trying to tell for the last two weeks.

I also wonder whether the leak of several month old intelligence showing OBL doesn’t trust or care for Anwar al-Awlaki, who we keep trying to kill because of a purported relationship between the two, has renewed national security types’ concern about leaking.

Most of the leaking so far has fit under the Bob Woodward rule that says no secret is too sensitive if it makes the high level person who authorized the leak look good. Or if it makes the country’s nemesis look like a dirty old man (though doesn’t our country already know that religious conservatives tend to be dirty old men?)

But as is typical, as soon as the flood of leaks starts to solidly challenge the preferred narrative, all of sudden leaks get to be a problem again.

Which says the leaks are probably just starting to get interesting.