The Scope of the Special Counsel Appointment Is Totally Inadequate

Rod Rosenstein just appointed former FBI Director (and, before that, US Attorney) Robert Mueller as Special Counsel to take over the investigation into Trump and his associates.

I’m agnostic about the selection of Mueller. He has the benefit of credibility among FBI Agents, so will be able to make up for some of what was lost with Jim Comey’s firing. He will be regarded by those who care about such things as non-partisan. With Jim Comey, Mueller stood up to Dick Cheney on Stellar Wind in 2004 (though I think in reality his willingness to withstand Cheney’s demands has been overstated).

But Mueller has helped cover up certain things in the past, most notably with the Amerithrax investigation.

My bigger concern is with the scope, which I believe to be totally inadequate.

Here’s how the order describes the scope:

(b) The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James 8. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation; and

(iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

As I read this, it covers just the investigation into ties between the Russian government and people associated with Trump’s campaign. Presumably, that includes Mike Flynn, Paul Manafort, and Carter Page, among others.

But there are other aspects of the great swamp that is the Trump and Russia orbit that might not be included here. For example, would Manafort’s corrupt deals with Ukrainian oligarchs be included? Would Flynn’s discussions with Turkish officials, or Rudy Giuliani’s attempt to excuse Turkey’s violation of Iran sanctions? Would the garden variety money laundering on behalf of non-governmental Russian mobbed up businessmen be included, something that might affect Manafort, Jared Kushner, or Trump himself?

And remember there are at least two other aspects of the Russian hacking investigation. Back in February, Reuters reported that San Francisco’s office was investigating Guccifer 2.0 and Pittsburgh was investigating the actual hackers.  Somewhere (San Francisco would be the most logical spot), they’re presumably investigating whoever it is that has been dumping NSA’s hacking tools everywhere. I’ve learned that that geography has either changed, or there are other aspects tied to those issues in other corners of the country.

Plus, there’s the Wikileaks investigation in EDVA, the same district where the Mueller-led investigation might reside, but a distinct investigation.

Any one of those investigations might present strings that can be pulled, any one of which might lead to the unraveling of the central question: did Trump’s associates coordinate with the Russian government to become President. Unless Mueller can serve to protect those other corners of the investigation from Trump’s tampering, it would be easy to shut down any of them as they become productive.

Yet, as far as I understand the scope of this, Mueller will only oversee the central question, leaving those disparate ends susceptible to Trump’s tampering.

Update: In its statement on the appointment, ACLU raises concerns about whether this would include the investigation into Trump’s attempt to obstruct this investigation.

Update: WaPo’s Philip Rucker reminds that Mueller is law firm partners with Jamie Gorelick, who has been representing both Ivanka and Kushner in this issue.

Update: Mueller is quitting WilmberHale to take this gig. He’s also taking two WilmerHale former FBI people with him. Still, that’s a close tie to the lawyer of someone representing key subjects of this investigation.

Update: One addition to the ACLU concern about investigating the Comey firing. In the most directly relevant precedent, the Plame investigation, when Pat Fitzgerald expanded his investigation from the leak of Plame’s identity to the obstruction of the investigation, he asked for approval to do so from the Acting Attorney General overseeing the investigation — in that case, Jim Comey.

The Acting Attorney General in this case is Rod Rosenstein. So if Mueller were as diligent as Fitzgerald was, he would have to ask the guy who provided the fig leaf for Comey’s firing to approve the expansion of the investigation to cover his own fig leaf.

Update: Petey noted to me that Jeff Sessions’ narrow recusal may limit how broadly Rosenstein’s order may be drawn. It’s a really interesting observation. Here’s what I said about Sessions’ recusal (which is very similar to what I tried to address in this post).

There are two areas of concern regarding Trump’s ties that would not definitively be included in this recusal: Trump’s long-term ties to mobbed up businessmen with ties to Russia (a matter not known to be under investigation but which could raise concerns about compromise of Trump going forward), and discussions about policy that may involve quid pro quos (such as the unproven allegation, made in the Trump dossier, that Carter Page might take 19% in Rosneft in exchange for ending sanctions against Russia), that didn’t involve a pay-off in terms of the hacking. There are further allegations of Trump involvement in the hacking (a weak one against Paul Manafort and a much stronger one against Michael Cohen, both in the dossier), but that’s in no way the only concern raised about Trump’s ties with Russians.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

The Just Right Fear Industry, in 18,000 Words

Steven Brill thinks we’re not worried enough about bioterrorism and dirty bombs. He makes that argument even while acknowledging that a dirty bomb attack launched in Washington DC would result in just 50 additional cancer deaths. And curiously, his extensive discussion about germ threats (inspired by a Scooter Libby report, no less!) doesn’t mention that the Russian military is currently struggling to contain an anthrax attack launched by a thawing reindeer.

That’s the problem with Brill’s opus: anthrax attacks only matter if they’re launched by Islamic extremist reindeers, not reindeers weaponized by climate change. (And if you were wondering, although he discusses it at length, Brill doesn’t mention that the 2001 anthrax attack, which was done with anthrax derived from a US lab, has never been solved.)

He makes a similar error when he spends 18 paragraphs focusing on what he (or his editors) dub “cyberterrorism” only to focus on OPM as proof the threat exists and includes this paragraph from Jim Comey admitting terrorists don’t yet have the capabilities to hurt us our Chinese and Russian adversaries do.

For his part, the FBI’s Comey worries more about a cyberterror onslaught directed at the private sector than one directed at the government. “These savages,” he says, “have so far only figured out how to use the internet to proselytize, not to wreak physical damage. What happens when they figure out how to use it to break into a chemical plant, or a blood bank and change the blood types? We know they are trying. And they don’t have to come here to do it.”

Biothreats and hacking are a threat. But it would be sheer idiocy to approach the problem, at this point, as primarily one of terrorism when climate change and nation-state adversaries clearly present a more urgent threat.

But it’s not just Brill who adopts some weird categorization. The article is perhaps most interesting for the really telling things he gets Comey to say, as when he suggests FBI drops investigations when they hear a “wing nut” making bomb threats in a restaurant.

“Think about it from our perspective,” Comey said when I asked about this. “Suppose someone is overheard in a restaurant saying that he wants to blow something up. And someone tells us about it. What should we do? Don’t we need to find out if he was serious? Or was he drunk? The way to do that is to have someone engage him in an undercover way, not show up with a badge and say, ‘What are your thoughts in regard to terrorism?’ ”

“Plenty of times it’s a wing nut or some drunk, and we drop it,” he continued.

I actually think the FBI, as an institution, is better than this. But to have the FBI Director suggest his bureau wouldn’t follow up if someone making bomb threats was deemed a radical but would if they were deemed a Muslim is really telling.

Which gets to the core of the piece. Over the course of the 18,000+ words, Brill admits — and quotes both President Obama and Comey admitting — that what makes terrorism different from the equally lethal attacks by other mentally unstable or “wing nut” types is the fear such attacks elicit.

President Obama described the difference to me this way: “If the perpetrator is a young white male, for instance—as in Tucson, Aurora, and Newtown—it’s widely seen as yet another tragic example of an angry or disturbed person who decided to lash out against his classmates, co-workers, or community. And even as the nation is shaken and mourns, these kinds of shootings don’t typically generate widespread fear. I’d point out that when the shooter or victims are African American, it is often dismissed with a shrug of indifference—as if such violence is somehow endemic to certain communities. In contrast, when the perpetrators are Muslim and seem influenced by terrorist ideologies—as at Fort Hood, the Boston Marathon bombing, San Bernardino, and Orlando—the outrage and fear is much more palpable. And yet, the fact is that Americans are far more likely to be injured or killed by gun violence than a terrorist attack.”

The FBI’s Comey agrees. “That the shooter in San Bernardino said he was doing it in the name of isil changed everything,” he told me. “It generates anxiety that another shooting incident, where the shooter isn’t a terrorist, doesn’t. That may be irrational, but it’s real.”

Nevertheless, all three — even Brill, in a piece where he takes Obama to task for not publicizing his change in dirty bomb response, refers to “deranged people and terrorists” obtaining assault weapons as if they are mutually exclusive categories — seem utterly unaware that part of the solution needs to be to stop capitulating to this fear. Stop treating terrorism as the unique, greatest threat when you know it isn’t. Channel the money being spent on providing tanks to local police departments to replacing lead pipes instead (an idea Brill floats but never endorses). Start treating threats to our infrastructure — both physical and digital — including those caused by weaponized reindeer as the threat they are.

And for chrissakes, don’t waste 18,000 words on a piece that at once scolds for fearmongering even while perpetuating that fear.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Thursday: Move

Need something easy on the nerves today, something mellow, and yet something that won’t let a listener off too lightly. Guess for today that’s John Legend’s Tiny Desk Concert.

I promised reindeer tales today, haven’t forgotten.

From Anthrax to Zombies

  • First outbreak in 75 years forces evacuation of reindeer herders (The Siberian Times) — The last outbreak in the Siberian tundra was in 1941; news of this outbreak broke across mainstream media this past week, with some outlets referring to it as a “zombie” infection since it came back from dormancy, likely rising from a long-dead human or animal corpse.
  • Infected reindeer corpses to be collected and destroyed (The Barent Observer) — A lot of odd details about anthrax and its history pop up as the outbreak evolves. Like the mortality rate for skin anthrax (24%) and the alleged leak of anthrax from a Soviet bio-warfare lab in 1979. Reindeer deaths were blamed initially on unusually warm weather (~30C); the same unusually warm weather may have encouraged the release of long-dormant anthrax from the tundra.
  • Siberian outbreak may have started five weeks earlier (The Siberian Times) — Russia’s Federal Service for Veterinary and Phytosanitary Surveillance senior official is angry about the slow response to the first diagnosis; the affected region does not have strong veterinary service, and it took a herder four days’ walk across the tundra to inform authorities about an infection due to a lack of communications technology. The situation must be serious as the Health Minister Veronika Skvortsova has now been vaccinated against anthrax. Reports as of yesterday indicate 90 people have been hospitalized, 23 of which have been diagnosed with anthrax, and one child died. The form most appear infected with is intestinal; its mortality rate is a little over 50%. Infection is blamed on anthrax-contaminated meat; shipment of meat from the area is now banned. Russian bio-warfare troops have established a clean camp for the evacuated herder families until the reindeer corpses have been disposed of and inoculations distributed across the area’s population.
  • Important: keep in mind this Siberian outbreak may be unusual for its location, but not across the globe. In the last quarter there have been small anthrax outbreaks in Indonesia, Kazakhstan, Kenya, Bangladesh, and Bulgaria. Just search under Google News for “anthrax” stories over the last year.
  • Coincidentally, anthrax drug maker filed and received FDA’s ‘orphan status’ (GlobeNewsWire) — There have been so few orders for anthrax prophylaxis vaccine BioThrax that specialty biopharmaceutical company Emergent BioSolutions requested ‘orphan status’ from the FDA, granted to special therapies for rare conditions affecting less than 200,000 persons in the U.S. The status was awarded mid-June.
  • Investor sues anthrax drug maker for misleading expectations (Washington Business Journal) — Suit filed against the company and executives claims Emergent BioSolutions mislead investors into thinking the company would sell as many doses of BioThrax to the U.S. government during the next five years as the preceding five years. On the face of it, investor appears to expect Emergent BioSolutions to predict both actual vaccine demand in advance along with government funding (hello, GOP-led Congress?) and other new competitors in the same marketspace. Seems a bit much to me, like the investor feels entitled to profits without risk. Maybe they’ll get lucky and climate change will increase likelihood of anthrax infections — cha-ching.
  • Another coincidence: Last Friday marked 8 years since anthrax researcher Bruce Ivin’s death (Tulsa World) — And this coming Saturday marks six years since the FBI released its report on the anthrax attacks it blamed on Ivins.

Cybernia

  • Facebook let police shut down feed from negotiations resulting in another civilian-death-by-cop (The Mary Sue) –Yeah, we wouldn’t want to let the public see the police use deadly force against an African American mother and her five-year-old child instead of talking and waiting them out of the situation as they do so many white men in armed confrontations. And now police blame Instagram for her death. Since when does using Instagram come with an automatic death warrant?
  • Can GPS location signals be spoofed? Yep. (IEEE) — It’s possible the U.S. Navy patrol boats caught in Iran’s waters may have relied on spoofed GPS; we don’t know yet as the “misnavigating” incident is still under investigation. This article does a nice job explaining GPS spoofing, but it leaves us with a mystery. GPS signals are generated in civilian and military formats, the first is unencrypted and the second encrypted. If the “misnavigated” patrol boats captured by Iran in January were sent spoofed GPS location data, does this mean U.S. military encryption was broken? The piece also ask about reliability of GPS given spoofing when it comes to self-driving, self-navigating cars. Oh hell no.
  • Security firm F-Secure releases paper on trojan targeting entities involved in South China Sea dispute (F-Secure) — The Remote Access Trojan (RAT) has been called NanHaiShu, which means South China Sea Rat. The RAT, containing a VBA macro that executes an embedded JScript file, was spread via email messages using industry-specific terms. The targets were deliberately selected for spearfishing as the senders knew the users did not lock down Microsoft Office’s default security setting to prevent macro execution. The malware had been in the wild for about two years, but its activity synced with events related to the South China Sea dispute.

Tomorrow’s Friday, which means jazz. Guess I’d better start poking around in my files for something good. Catch you later!

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

Is Matt DeHart Being Prosecuted Because FBI Investigated CIA for the Anthrax Leak?

Buzzfeed today revealed a key detail behind in the Matthew DeHart case: the content of the file which DeHart believes explains the government’s pursuit of him.  In addition to details of CIA’s role in drone-targeting and some ag company’s role in killing 13,000 people, DeHart claims a document dropped onto his Tor server included details of FBI’s investigation into CIA’s possible role in the anthrax attack.

According to Matt, he was sitting at his computer at home in September 2009 when he received an urgent message from a friend. A suspicious unencrypted folder of files had just been uploaded anonymously to the Shell. When Matt opened the folder, he was startled to find documents detailing the CIA’s role in assigning strike targets for drones at the 181st.

Matt says he thought of his fellow airmen, some of whom knew about the Shell. “I’m not going to say who I think it was, but there was a lot of dissatisfaction in my unit about cooperating with the CIA,” he says. Intelligence analysts with the proper clearance (such as Manning and others) had access to a deep trove of sensitive data on the Secret Internet Protocol Router Network, or SIPRNet, the classified computer network used by both the Defense and State departments.

As Matt read through the file, he says, he discovered even more incendiary material among the 300-odd pages of slides, documents, and handwritten notes. One folder contained what appeared to be internal documents from an agrochemical company expressing culpability for more than 13,000 deaths related to genetically modified organisms. There was also what appeared to be internal documents from the FBI, field notes on the bureau’s investigation into the worst biological attack in U.S. history: the anthrax-laced letters that killed five Americans and sickened 17 others shortly after Sept. 11.

Though the attacks were officially blamed on a government scientist who committed suicide after he was identified as a suspect, Matt says the documents on the Shell tell a far different story. It had already been revealed that the U.S. Army produced the Ames strain of anthrax — the same strain used in the Amerithrax attacks — at the Dugway Proving Ground in Utah. But the report built the case that the CIA was behind the attacks as part of an operation to fuel public terror and build support for the Iraq War.

Despite his intelligence training, Matt was no expert in government files, but this one, he insists, featured all the hallmarks of a legitimate document: the ponderous length, the bureaucratic nomenclature, the monotonous accumulation of detail. If it wasn’t the real thing, Matt thought, it was a remarkably sophisticated hoax. (The FBI declined requests for comment.)

Afraid of the repercussions of having seen the folder of files, Matt panicked, he claims, and deleted it from the server. But he says he kept screenshots of the dozen or so pages of the document that specifically related to the FBI investigation and the agrochemical matter, along with chat logs and passwords for the Shell, on two IronKey thumb drives, which he hid inside his gun case for safekeeping.

Is it possible DOJ would really go after DeHart for having seen and retaining part of that FBI file?

For what it’s worth, I think Bruce Ivins could not have been the sole culprit and it’s unlikely he was the culprit at all. I believe the possibility that a CIA-related entity, especially a contractor or an alumni, had a role in the anthrax attack to be possible. In my opinion, Batelle Labs in Ohio are the most likely source of the anthrax, not least because they’re close enough to New Jersey to have launched the attacks, but because — in addition to dismissing potential matches to the actual anthrax through a bunch of smoke (only looking for lone wolves) and mirrors (ignoring four of the potentially responsive samples) — Batelle did have a responsive sample of the anthrax. Though as a recently GAO report made clear, FBI didn’t even sample all the labs that had potentially responsive samples, so perhaps one of those labs should be considered a more likely source. Batelle does work for the CIA and just about everyone else, so if Batelle were involved, CIA involvement couldn’t be ruled out.

So I think it quite possible that FBI was investigating CIA or someone related to CIA in the attack. It’s quite possible, too, that someone might want to leak that information, as it has been clear for years that at least some in FBI were not really all that interested in solving the crime. Even the timing would make sense, coming as it would have in the wake of the FBI’s use of the Ivins suicide to stop looking for a culprit and even as the Obama Administration was beginning to hint it wasn’t all that interested in reviewing FBI’s investigation.

But there’s something odd about how this was allegedly leaked.

According to Buzzfeed, the anthrax investigation came in one unencrypted folder with the ag document and a document on drone targeting the source of which he thinks he knows (it would like have been a former colleague from the ANG).

How would it ever be possible that the same person would have access to all three of those things? While it’s possible the ag admission ended up in the government, even a DOJ investigation into such an admission would be in a different place than the FBI anthrax investigation, and both should be inaccessible to the ANG people working on SIPRNet.

That is, this feels like the Laptop of Death, which included all the documents you’d want to argue that Iran had an active and advanced nuclear weapons program, but which almost certainly would never all end up on the same laptop at the same time.

And, given DeHart’s belief reported elsewhere this was destined for WikiLeaks, I can’t help but remember the Defense Intelligence Agency report which noted that WikiLeaks might be susceptible to disinformation (not to mention the HB Gary plot to discredit WikiLeaks, but that came later).

This raises the possibility that the Wikileaks.org Web site could be used to post fabricated information; to post misinformation, disinformation, and propaganda; or to conduct perception management and influence operations designed to convey a negative message to those who view or retrieve information from the Web site

That is, given how unlikely it would be to find these juicy subjects all together in one folder, I do wonder whether they’re all authentic (though DeHart would presumably be able to assess the authenticity of the drone targeting documents).

And DeHart no longer has the documents in question — Canada hasn’t given them back.

Paul told the agents that his family had evidence to back up their account: court documents, medical records, and affidavits — along with the leaked FBI document Matt had found that exposed an explosive secret. It was all on two encrypted thumb drives, which Matt later pulled off a lanyard around his neck and handed to the guards.

[snip]

If Matt is, in fact, wrongly accused, answers could be on the thumb drives taken by the Canada Border Services Agency, which have yet to be returned to the DeHarts. But without access to the leaked files Matt claims to have seen, there is no way to verify whether he was actually in possession of them, and, if he was, whether they’re authentic.

Though at least one person (a friend in London? Any association with WikiLeaks?) may have a copy.

Inside a hotel room in Monterrey, Mexico, Matt says he copied the Shell files onto a handful of thumb drives. He mailed one to a friend outside London, and several others to locations he refuses to disclose. He also says he sent one to himself in care of his grandmother, which he later retrieved for himself. When the subject of the drives comes up, Matt acts circumspect because, he says, he knows that our communications are being monitored.

There’s definitely something funky about this story. Importantly, it’s not just DeHart and his family that are acting like something’s funky — the government is too.

But that doesn’t necessarily mean the FBI thinks CIA did the anthrax attack.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

What Was the Anthrax Attack Targeting Patrick Leahy Doing in the Iraq NIE?

Screen Shot 2015-03-19 at 1.27.47 PMAs Jason Leopold reports, the government recently released a newly declassified version of the 2002 NIE that justified the war with Iraq to Black Vault’s John Greenwald. Leopold has a useful overview of what the report includes. But I’m most appalled by this.

The NIE also restores another previously unknown piece of “intelligence”: a suggestion that Iraq was possibly behind the letters laced with anthrax sent to news organizations and senators Tom Daschle and Patrick Leahy a week after the 9/11 attacks. The attacks killed five people and sickened 17 others.

“We have no intelligence information linking Iraq to the fall 2001 attacks in the United States, but Iraq has the capability to produce spores of Bacillus anthracis — the causative agent of anthrax — similar to the dry spores used in the letters,” the NIE said. “The spores found in the Daschle and Leahy letters are highly purified, probably requiring a high level of skill and expertise in working with bacterial spores. Iraqi scientists could have such expertise,” although samples of a biological agent Iraq was known to have used as an anthrax simulant “were not as pure as the anthrax spores in the letters.”

Perhaps the inset discussing the US-developed anthrax used to attack two Senators and members of the media purports to respond to questions raised by anonymous sources leaking the previous year. But it basically does nothing but suggest the possibility Iraq might have launched the attack, even while providing one after another piece of evidence showing why that was all but impossible.

Moreover, by the time this NIE was completed in October 2002, that deliberate leak had been silent for a almost a year.

That the rumor appeared again, secretly, in the Iraq NIE really ought to raise questions about a whole slew of unanswered questions about the anthrax attack: about why Judy Miller got fake anthrax, about why the FBI scoped its investigation to find only lone wolves and therefore not to find any conspirators (and still almost certainly hasn’t found the culprit), about why the first person framed for the attack also happened to be someone who knew of efforts to reverse engineer Iraq’s purported bioweapon labs.

No. No, Iraq wasn’t linked to the anthrax letters in fall 2001. It’s a simple answer. But nevertheless, the question got treated as a serious possibility when Bush Administration was trying to drum up war against Iraq.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

As FBI’s Amerithrax Case Continues to Crumble, Bureau Digs in on North Korea Claims

Screen shot 2014-12-30 at 12.16.49 PM

In ads released even as their claims about North Korea come under scrutiny, FBI tries to make cybersecurity Agents look like Eliot Ness.

Less than 10 days ago, Jim laid out yet more evidence that the FBI’s claimed explanation for the anthrax attack — that USAMRIID researcher Bruce Ivins not only perpetrated the attack, but did so acting alone — was scientifically problematic. So 13 years ago, anonymous sources blamed Iraq for the attack, 12 years ago they blamed Steven Hatfill, and 6 years ago, they started blaming Bruce Ivins. Probably, none of those claims are true.

The FBI still hasn’t solved one of the most alarming terrorist attacks in this country, an attempt to kill two sitting US Senators. Instead, it persists in a claim (versus Ivins) that doesn’t comport with the science, to say nothing of the other circumstantial evidence. FBI only ever sustained that claim by assuming — based on no known evidence — that a Lone Wolf, rather than conspirators, launched the attack.

Even as new evidence undermining the FBI’s obstinate claims about Ivins got released, the FBI has been making equally obstinate claims that North Korea is behind the Sony hack.

And then someone crashed North Korea’s Internet which, given how tiny it is, is the strategic equivalent of launching spitballs at a small group of North Korea’s elite. A truly awesome use of American power!

As I noted on Salon, even as the FBI was leaking its certitude to the big press that North Korea was behind the hack, Kim Zetter was pointing out all the reasons that made no sense.

Now, with a week of holiday cheers under their belts, more of the press is beginning to note all the experts questioning the FBI’s claim. Shane Harris describes the FBI “doubling down” on its original theory.

In spite of mounting evidence that the North Korean regime may not have been wholly responsible for a brazen cyberassault against Sony—and possibly wasn’t involved at all—the FBI is doubling down on its theory that the Hermit Kingdom solely bears the blame.

“We think it’s them,” referring to the North Koreans, an FBI spokesperson told The Daily Beast when asked to respond to reports from private investigators that other culprits were responsible. The latest evidence, from the cyberanalysis firm the Norse Corp., suggests that a group of six individuals, including at least one disgruntled ex-Sony employee, is behind the assault, which has humiliated Sony executives, led to threats of terrorist attacks over the release of a satirical film, and prompted an official response from the White House.

The FBI said in a separate statement to journalists on Monday that “there is no credible information to indicate that any other individual is responsible for this cyberincident.” When asked whether that left open the possibility that other individuals may have assisted North Korea or were involved in the assault on Sony, but not ultimately responsible for the damage that was done, the FBI spokesperson replied, “We’re not making the distinction that you’re making about the responsible party and others being involved.”

Time catalogs the alternatives to FBI’s theories.

And Politico notes that when one cybersecurity company, Norse, shared its analysis, the FBI refused to share its own data, as the company had expected.

The FBI says it is standing by its conclusions, but the security community says the agency has been open and receptive to help from the private sector throughout the Sony investigation.

Norse, one of the world’s leading cyber intelligence firms, has been researching the hack since it was made public just before Thanksgiving.

Norse’s senior vice president of market development said the quickness of the FBI’s conclusion that North Korea was responsible was a red flag.

“When the FBI made the announcement so soon after the initial hack was unveiled, everyone in the [cyber] intelligence community kind of raised their eyebrows at it, because it’s really hard to pin this on anyone within days of the attack,” Kurt Stammberger said in an interview as his company briefed FBI investigators Monday afternoon.

He said the briefing was set up after his company approached the agency with its findings.

Stammberger said after the meeting the FBI was “very open and grateful for our data and assistance” but didn’t share any of its data with Norse, although that was what the company expected.

It’s a bad thing, given how much evidence is out there about this hack, that the FBI won’t let more of its thinking be tested publicly.

Meanwhile, in a remarkable joining of opinion, both Jack Goldsmith and Moon of Alabama note that Obama may have wasted US credibility by so quickly accusing North Korea.

And NYT’s Ombud, Margaret Sullivan, admits that NYT too quickly repeated — and granted anonymity to — FBI’s flimsy claims.

[A]s a reader, Brad Johnson, noted in an email. He wrote: “Did NYT learn its lesson from the Iraq WMD debacle, or is the paper back to bad habits of writing stories from whole cloth based on anonymous White House and intelligence agency officials?”

Now that the matter of who was behind the hack is coming under more scrutiny, including in The Times (though with less prominence), those kinds of questions are even more germane.

One thing is certain: Anonymity continues to be granted to sources far more often than a last-resort basis would suggest.

Though Sullivan’s caution didn’t lead the Editorial Board to show any.

I’m glad people are now showing skepticism, even if it is too late to preserve American credibility (as if we had that anyway after StuxNet).

There’s one more factor that deserves notice here: the role of cybersecurity firms in laundering government propaganda.

One of the most pregnant observations in Zetter’s Countdown to Zero Day comes after Symantec published the first details implicating the US and Israel in the StuxNet attack. The Symantec team expected a bunch of others to jump in and start validating their work. Instead, they were met with almost complete silence. While Zetter didn’t say it explicitly, the implication was that the security industry is driven by its interest in retaining the good will of the US Government. Here, the first security firm to back the North Korea claim was Mandiant, the firm that served as a surrogate for claims against China.

And while in this case there is no lack of experts willing to push back against US claims, I just wonder whether at least some of the initial credulity on the North Korea claims arose because of the dominance of USG contractors among the earliest reports on the hack? While there are some equivalents in the WMD vein, the cyberindustry, in particular, seems particularly prone to serving as a cut-out for both poorly analyzed intelligence and even propaganda.

Ah well. It’s not like anyone is demanding FBI resume its hunt for the terrorist who might have killed two sitting US Senators. Why do I think this will be any different?

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

GAO Analysis Highlights Lab Samples Excluded in Sloppy FBI Anthrax Investigation

As the last Friday before Christmas, late yesterday afternoon was the most obvious Friday news dump hour of the year, and the government didn’t disappoint. The Government Accountability Office released the results of a twenty-three month long study of the genetic analysis that was used to tie the material found in the anthrax attacks of 2001 to the laboratory of Bruce Ivins, whom the FBI concluded (pdf) was solely responsible for the attacks. The FBI’s conclusion is highly suspect for many reasons. On the science side, it is very unlikely that Ivins could have produced all of the attack material on his own and the detailed chemistry of the attack spores suggests that highly sophisticated materials and techniques unavailable to Ivins likely were used to prepare the attack material. Regarding that second point, note that even William Broad refers indirectly to the chemistry concerns in his New York Times article on the GAO report:

To the regret of independent scientists, the report made no mention of an issue beyond genetics: whether the spores displayed signs of advanced manufacturing. They have pointed to distinctive chemicals found in the dried anthrax spores that they say contradict F.B.I. claims that the germs were unsophisticated.

Evidence of special coatings, they say, suggests that Dr. Ivins had help in obtaining his germ weapons or was innocent.

The GAO study was undertaken, in part, because of questions raised by the National Academies study released in 2011 and with special prompting by Representative Rush Holt, from whose district the letters likely were mailed. The GAO study focused on obtaining a better understanding of the validity of the genetic analysis that was carried out and the statistics underlying the conclusions reached.

For a refresher, a helpful illustration from the GAO report shows the underlying biology of the genetic analysis that was carried out in the Amerithrax investigation. Here we see photos of a typical colony of the Ames strain of Bacilus anthracis on an agar plate and four variant colony types that occurred at low frequency when the attack material was spread out on agar so that colonies arose from single cells of the overall population of bacteria that were present in the attack material:
morphs

DNA sequence analysis was employed to identify the changes that led to these variant colony shapes. The FBI then commissioned private laboratories to develop DNA-based tests (relying on polymerase chain reaction, or PCR, methodology) that could be used to screen the large bank of isolates of the Ames strain that the FBI had accumulated through a subpoena submitted to all 20 laboratories known to have isolates of the Ames strain. Developing these assays represented a new frontier in forensic genetics and it did not prove possible to develop tests for all of the mutations identified in the original DNA sequencing. In the end, four tests were developed by the four different contractors.

The Amerithrax report stated that of the 947 samples included in the final analysis, only eight showed all four of the DNA changes the tests were designed to detect. Seven of those samples came from the laboratory where Ivins worked (U.S. Army Medical Research Institute of Infectious Diseases, or USAMRIID) and one came from Batelle Memorial Institute in Columbus, Ohio. The FBI noted that there was a record of material being transferred from USAMRIID to Battelle, accounting for the sample found there.

The GAO analysis finds a number of significant issues with the FBI’s work: Read more

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Only Remaining Senator Personally Targeted by Terrorist Attack Still Believes in Constitution

The Senate just voted down cloture on the USA Freedom Act, 58-42. Even while we disagreed on the bill, I extend sincere condolences to civil liberties allies who worked hard to pass this in good faith. I know you all have worked hard in good faith to pass something viable.

Several things about the vote were predictable (in fact, I predicted them in June). Just as one example, I noted to allies that if Jeff Flake — who had a great record on civil liberties while he was still in the House — did not support the effort, it would fail. Four Senators — cosponsors Mike Lee, Ted Cruz, and Dean Heller, plus Lisa Murkowski voted for cloture; Rand Paul did not. Bill Nelson voted against cloture as well (there are reports he is claiming it was a mistake, but given how closely this bill was whipped that would be … telling).

Equally predictable was the fear-mongering. GOP Senator after GOP Senator got up and insisted if the phone dragnet ended, ISIL would attack the country. None noted, of course, that the phone dragnet had never succeeded in preventing a terrorist attack. Pat Leahy made that point but it’s one opponents of the dragnet need to make in more concerted fashion.

Then there was a piece of news that neither side — supporter or opponent — seemed to want to mention. Dianne Feinstein revealed that at first 2 of 4 providers (presumably the fourth is T-Mobile though it could even be Microsoft, given that Skype is a more important phone carrier for international traffic) had refused to keep phone records, but that they had voluntarily agreed to do so for a full two years (this is at least a 6 month extension for Verizon, though may be significantly longer for cell calls).

The most dramatic part of the debate came after everyone left, when a frustrated Pat Leahy made the case for defending the Constitution. He recalled the anthrax letter addressed to him, on September 18, 2001, that killed a postal worker who processed it (another letter killed a Tom Daschle aide see Meryl Nass’ correction). “13 years ago this week, a letter was sent to me, addressed to me. It was so deadly, with the antrax in it that one person who touched the envelope–addressed to me, that I was supposed to open–They died!” Leahy reminded that the FBI had still not caught all the culprits for the attack. (That he believes that was first reported here in 2008; I believe FBI has, in fact, caught none of the culprits.) That attack targeting him personally, Leahy noted, did not convince him he had to abrogate the Constitution. “This nation should not let our liberties to be set aside by passing fears.” Leahy said. “If we do not protect our Constitution we do not deserve to be in this body.”

Senators like Marco Rubio got up and screamed about terrorists. But unless I’m mistaken, Pat Leahy is the only one remaining in the Senate who was personally targeted by a terrorist.

Maybe we ought to highlight that point?

Updated w/additions from Leahy’s comments.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Behold, John Brennan’s Scary Memo!

Brennan with TortureI’ve been writing for a long time about the “Scary Memos” the government used to justify its dragnet.

As the Joint IG Report described, they started in tandem with George Bush’s illegal wiretap program, and were written before each 45-day reauthorization to argue the threat to the US was serious enough to dismiss any Fourth Amendment concerns that the President was wiretapping Americans domestically.

Jack Goldsmith relied on one for his May 6, 2004 memo reauthorizing some — but not all — of the dragnet.

Yesterday, James Clapper’s office released the Scary Memo included in the FISA Court application to authorize the Internet dragnet just two months later, on July 14, 2004.

ODNI calls it the Tenet Declaration — indeed it is signed by him (which, given that he left government on July 11, 2004 and that final FISC applications tend to be submitted days before their approval, may suggest signing this Scary Memo was among the very last things he did as CIA Director).

Yet the Memo would have been written by the Terrorist Threat Integration Center, then headed by John Brennan.

Much of the Scary Memo describes a “possible imminent threat” that DOJ plans to counter by,

seeking authority from this Court [redacted] to install and use pen register and trap and trace devices to support FBI investigations to identify [redacted], in the United States and abroad, by obtaining the metadata regarding their electronic communications.

There is no mention of NSA. There is no mention that the program operated without legal basis for the previous 2.5 years. And there’s a very curious redaction after “this Court;” perhaps CIA also made a show of having the President authorize it, so as to sustain a claim that all this could be conducted exclusively on Presidential authority?

After dropping mention of WMD — anthrax! fissile material! chemical weapons! — the Scary Memo admits it has no real details about this “possible imminent threat.”

[W]e have no specific information regarding the exact times, targets, or tactics for those planned attacks, we have gathered and continue to gather intelligence that leads us to believe that the next terrorist attack or attacks on US soil could be imminent.

[snip]

Reporting [redacted] does not provide specific information on the targets to be hit or methods to be used in the US attack or attacks.

But based on “detainee statements and [redacted] public statements since 9/11,” the Scary Memo lays out, CIA believes al Qaeda (curiously, sometimes they redact al Qaeda, sometimes they don’t) wants to target symbols of US power that would negatively impact the US economy and cause mass casualties and spread fear.

It took an “intelligence” agency to come up with that.

Based on that “intelligence,” it appears, but not on any solid evidence, CIA concludes that the Presidential conventions would make juicy targets for al Qaeda.

Attacks against or in the host cities for the Democratic and Republican Party conventions would be especially attractive to [redacted].

And because of that — because CIA’s “intelligence” has decided a terrorist group likes to launch attacks that cause terror and therefore must be targeting the Presidential conventions — the FBI (though of course it’s really the NSA) needs to hunt out “sleeper cells.”

Identifying and disrupting the North American-based cells involved in tactical planning offers the most direct path to stopping an attack or attacks against the US homeland. Numerous credible intelligence reports since 9/11 indicate [redacted] has “sleepers” in North America. We judge that these “sleepers” have been in North American, and the US in general, for much of the past two years. We base our judgment, in part, [redacted] as well as on information [redacted] that [redacted] had operatives here.

Before we get to what led CIA to suggest the US was targeted, step back and look at this intelligence for a moment. This report mentions detainee reporting twice. It redacts the name of what are probably detainees in several places. Indeed, several of the claims in this report appear to match those from the exactly contemporaneous document CIA did on Khalid Sheikh Mohammed to justify its torture program, thus must come from him.

Yet, over a year after KSM had been allegedly rendered completely cooperative via waterboarding, CIA still did not know the answer to a question that KSM was probably one of the only people alive who could answer.

We continue to investigate whether the August 2001 arrest of Zacarias Moussaoui may have accelerated the timetable for the 9/11 attacks because he knew of al-Qa’ida’s intention to use commercial aircraft as weapons.

Nevertheless, they believed KSM was being totally straight up and forthcoming.

Note, too, the CIA relied on claims of sleeper cells that were then two years old, dating back to the time they were torturing Abu Zubaydah, whom we know did give “intelligence” about sleeper cells.

To be sure, we know CIA’s claims of a “possible imminent threat” in the US do not derive exclusively from CIA’s earlier torture (though CIA had claimed, just months earlier, that their best intelligence came from that source for the Inspector General’s report).

Less than 3 weeks after this Scary Memo was written, we’d begin to see public notice of this “possible imminent threat,” when Tom Ridge raised the threat level on August 1, 2004 because of an election year plot, purportedly in response to the capture of Muhammad Naeem Noor Khan in Pakistan on July 13 (which could only have been included in “the Tenet declaration” if Khan were secretly arrested and flipped earlier, because Tenet was no longer CIA Director on July 13). But what little basis the election year plot had in any reality dated back to the December 2003 British arrest and beating of Khan’s cousin, Babar Ahmed, which would lead to both Khan’s eventual capture as well as the British surveillance of Dhiren Barot as early as June 10 and the latter’s premature arrest on August 3. KSM’s nephew, Musaad Aruchi, was also handed over by Pakistan to CIA on June 12; best as I know, he remains among those permanently disappeared in CIA’s torture program. This would also lead to a new round of torture memos reauthorizing everything that had been approved in the August 1, 2002 Bybee Memo plus some.

The claims the US was a target derive, based on the reporting in the NYT, from Dhiren Barot. Barot apparently did want to launch a terrorist attack. Both KSM and Hambali had identified Barot during interrogations in 2003, and he had scouted out attack sites in the US in 2000 and 2001. But his active plots in 2004 were all focused on the UK. In 2007 the Brits reduced his sentence because his plots weren’t really all that active or realistic.

Which is to say this election plot — the Scary Plot that drives the Scary Memo that provided the excuse for rolling out (or rather, giving judicial approval for continuing) an Internet dragnet that would one day encompass all Americans — arose in significant part from 2003 torture-influenced interrogations that led to the real world detention of men who had contemplated attacking the US in 2000, but by 2004 were aspirationally plotting to attack the UK, not the US, as well as men who may have been plotting in Pakistan but were not in the US.

That, plus vague references to claims that surely were torture derived, is what John Brennan appears to have laid out in his case for legally justifying a US dragnet.

You see, it’s actually John Brennan’s dragnet — it all goes back to his Scary Memo — and his role in it is presumably one of the reasons he doesn’t want us to know how many lies went into the CIA torture program.

Brennan’s Scary Memo provides yet more evidence how closely linked are torture and the surveillance of every American.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Mike Flynn Invokes OUR Anthrax and Calls Them the Terrorists

In an interview to mark his departure from the Defense Intelligence Agency, General Mike Flynn talks about the increased threats facing the United States.

Here’s one:

For instance, we’re doing all we can to understand the outflow of foreign fighters from Syria and Iraq, many of them with Western passports, because another threat I’ve warned about is Islamic terrorists in Syria acquiring chemical or biological weapons. We know they are trying to get their hands on chemical weapons and use what they already have to create a chemical weapons capability.

Remember anthrax was used in 2001 [killing five people] and pretty much paralyzed Capitol Hill. If that anthrax had been dispersed more efficiently, it could have killed a quarter million people.

That is, Flynn points to an anthrax terror attack officially blamed on a defense lab employee, not actually solved convincingly at all, but almost certainly carried out by a US government employee or contractor, and says that’s proof terrorists are more dangerous than they used to be.

And he does so to make sure we’re scared. He uses political violence to make sure we treat what is admittedly expanding crises as war.

But he says the mindset of jihadists fighting perpetual wars is something the US cannot understand.

JK: You also said recently that terrorist leaders like Osama bin Laden represent the leadership of al-Qaeda, but that “core al-Qaeda” is its ideology of perpetual jihad.

Flynn: Yes, and unfortunately the core ideology and belief system is spreading, not shrinking. Look at the unbelievably violent videos [of beheadings, executions and the destruction of religious places] coming out of Iraq just in recent days. I’ve physically interrogated some of these guys, and I’ve had the opportunity to hear them talking about their organizations and beliefs. These are people who have a very deeply-rooted belief system that is just difficult for Americans to comprehend. Just think about the mindset of a suicide bomber.

Nowhere besides America’s domestic anthrax attacker does Flynn mention our own actions, not even in his discussion of Ukraine — unless you count extremist adaptation to our attacks.

JK: When the Islamic State of Iraq and Syria routed the Iraqi Army recently, the terrorists also appeared to have become much better organized, disciplined and led.

Flynn: These various groups have learned from fighting the U.S. military for a decade, and they have created adaptive organizations as a means to survive.

Which Flynn immediately follows with this observation about how crafty those Islamic extremists are:

They write about and share ‘Lessons Learned’ all the time. That was something Bin Laden taught them before he died. 

Those crafty terrorists. Actually learning lessons!

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.