The NYT has a really helpful description of the emails to Hillary that intelligence agencies are claiming are Top Secret. It explained how several of the emails almost certainly couldn’t derive from the intelligence the agency claimed they came from, such as this one on North Korea.
The fourth involved an email sent by Kurt M. Campbell, the assistant secretary of state for Asian affairs, shortly after a North Korean ballistic missile test in July 2009. The email has not yet been made public, even in redacted form, but the State Department has challenged an assertion from the National Geospatial-Intelligence Agency, which gathers data through satellite images, that the email included information that came from a highly classified program.
In a letter this past Dec. 15 to Senator Bob Corker, the Tennessee Republican who is chairman of the Senate Foreign Relations Committee, a State Department official said that the information could not have been based on N.G.A.’s intelligence because Mr. Campbell did not receive any classified intelligence briefings for what was a new job for him until a few days after the North Korean test.
I believe the NGA was dawdling on signing a sworn declaration about this email, unlike the CIA (whose Martha Lutz has signed her name to many a wacky claim).
Unsurprisingly, the NYT reports that the bulk of the emails in question pertain to the drone program, specifically in Pakistan.
The Obama administration’s decision to keep most internal discussions about that program — including all information about C.I.A. drone strikes in Pakistan — classified at the “top secret” level has now become a political liability for Mrs. Clinton’s presidential campaign.
Several officials said that at least one of the emails contained oblique references to C.I.A. operatives. One of the messages has been given a designation of “HCS-O” — indicating that the information was derived from human intelligence sources — a detail that was first reported by Fox News. The officials said that none of the emails mention specific names of C.I.A. officers or the spy agency’s sources.
The government officials said that discussions in an email thread about a New York Times article — the officials did not say which article — contained sensitive information about the intelligence surrounding the C.I.A.’s drone activities, particularly in Pakistan.
The officials said that at least one of the 22 emails came from Richard C. Holbrooke, who as the administration’s special envoy for Afghanistan and Pakistan would have been intimately involved in dealing with the ramifications of drone strikes. Mr. Holbrooke died in December 2010.
Reading these passages and the article in general made me realize something: The reason the CIA is insisting these are classified is almost certainly because of the ACLU’s two FOIAs for drone information. In the Awlaki-focused one, the ACLU (and NYT) succeeded in arguing that past public statements from people like Leon Panetta constituted a waiver of the classification of the CIA’s involvement in the program. Any public dissemination of other official Administration figures discussing the drone program would provide ACLU another opportunity to go to the judges in these cases and demand further disclosure about CIA’s involvement in the drone program.
Over the years, the Obama Administration has gone to great lengths to defeat the ACLU in its various FOIAs, from having National Security Advisor Jim Jones get involved in the torture FOIA to delaying congressional oversight into the Awlaki killing. Here, it appears they’re even willing to damage Hillary’s campaign to serve as the inheritor to Obama’s legacy to thwart the ACLU.
The political world is a-twitter over the latest in the Hillary email scandal, Fox News’ report that there were emails sent to Hillary classified at the Special Access Program level. To Fox’s credit, Catherine Herridge liberated the letter itself.
To date, I have received two sworn declarations from one IC element. These declarations cover several dozen emails containing classified information determined by the IC element to be at the CONFIDENTIAL, SECRET, and TOP SECRET/SAP levels. According to the declarant, these documents contain information derived from classified IC element sources. Due to the presence of TOP SECRET/SAP information, I provided these declarations under separate cover to the Intelligence oversight committees and the Senate and House leadership.
Note, the letter makes clear that those reporting Hillary had two SAP emails may not be correct: Charles McCullough’s letter doesn’t say how many emails were SAP and how many were CONFIDENTIAL. And the letter is conveniently written in a form that can be shared with the press without key information that would allow us to test the claims made in it.
For example, one critical detail in assessing claims about classification pertains to which IC element claims Hillary received SAP email.
That’s relevant because some agencies have more credibility in their classification claims than others. If this is CIA making the claim, for example, we should assume it’s bogus, because CIA — and its Chief of Litigation Support, Martha Lutz — routinely makes bogus claims.
I described, for example, how Lutz shamelessly claimed documents dating to 1987 on dialing a rotary phone were appropriately retroactively classified SECRET after 2006 to back the only piece of evidence admitted at trial that Jeffrey Sterling mishandled classified information.
Martha Lutz, the CIA’s Chief of Litigation Support and the bane of anyone who has FOIAed the CIA in the last decade, was on the stand, a tiny woman with a beehive hairdo and a remarkably robust voice. After having Lutz lay out the Executive Orders that have governed classified information in the last two decades and what various designations mean, the government introduced four documents into evidence — three under the silent witness rule — and showed them to Lutz.
“When originally classified were these documents properly classified as secret,” the prosecution asked of the three documents.
“They weren’t,” Lutz responded.
“But they are now properly classified secret?”
“Yes,” Lutz answered.
[T]he defense explained a bit about what these documents were. Edward MacMahon made it clear the date on the documents was February 1987 — a point which Lutz apparently missed. MacMahon then revealed that the documents explained how to use rotary phones when a CIA officer is out of the office.
That’s a big part of why Sterling is sitting in prison right now: because Lutz was willing to claim, under oath, that a 28-year old document on dialing rotary phones still (rather, newly) needed to be protected as SECRET.
But it’s not just this one case: pretty much everyone who has FOIAed CIA in recent years has a Martha Lutz story, because the agency has such a consistent history of making transparently false classification claims to hide CIA’s activities, even those that are widely known.
Just as an example, the torture program was (and possibly the still-classified aspects continue to be) a SAP. Keep that — and the many publicly known details, such as that Alfreda Bikowsky was central to some of the biggest abuses about torture, that CIA managed to bury in the Torture Report not because they’re secret but because having them officially discussed puts CIA at legal risk — in mind as everyone wags around that SAP label. If CIA is making the SAP claim, the claim itself should be suspect, because there’s such an extensive history of CIA making such claims when they were transparently bogus. Earlier in this FOIA, CIA claimed that Hillary’s staffers could only learn about the Pakistani drone program from classified information, when you’re actually better off learning about such things from Pakistani and NGO reporting; in the end McCullough sided with CIA, not because it made sense, but because that’s how classification works.
I’m on the record as thinking Hillary’s home brew server was an abuse of power and really stupid to boot. But I’m also really hesitant to make blind claims from unnamed Original Classification Authorities on faith, because the record shows that those claims are often completely bogus.
Hillary receiving a SAP email may say terrible things about her aides. Alternately, it may reinforce the case that the CIA is an out-of-control agency that makes ridiculous claims of secrecy to avoid accountability. We don’t know which of those things this story supports yet.
Update: Told ya.
The Central Intelligence Agency is the agency that provided the declarations about the classified programs, another U.S. official familiar with the situation told POLITICO Wednesday.
The official, who spoke on condition of anonymity, said some or all of the emails deemed to implicate “special access programs” related to U.S. drone strikes. Those who sent the emails were not involved in directing or approving the strikes, but responded to the fallout from them, the official said.
The information in the emails “was not obtained through a classified product, but is considered ‘per se’ classified” because it pertains to drones, the official added. The U.S. treats drone operations conducted by the CIA as classified, even though in a 2012 internet chat Presidential Barack Obama acknowledged U.S.-directed drone strikes in Pakistan.
The source noted that the intelligence community considers information about classified operations to be classified even if it appears in news reports or is apparent to eyewitnesses on the ground.
Update: I meant to link this earlier. It’s a complaint submitted to ISOO from Katherine Hawkins detailing all the things CIA kept classified in the Torture Report that aren’t, or were improperly classified.
Craig Whitlock has a long read in today’s Washington Post, digging into the issue of US drones suffering problems while in flight. These problems often result in the pilots having to steer the drones into remote locations to crash because they are unable to return to base:
A record number of Air Force drones crashed in major accidents last year, documents show, straining the U.S. military’s fleet of robotic aircraft when it is in more demand than ever for counterterrorism missions in an expanding array of war zones.
Driving the increase was a mysterious surge in mishaps involving the Air Force’s newest and most advanced “hunter-killer” drone, the Reaper, which has become the Pentagon’s favored weapon for conducting surveillance and airstrikes against the Islamic State, al-Qaeda and other militant groups.
The Reaper has been bedeviled by a rash of sudden electrical failures that have caused the 21/2-ton drone to lose power and drop from the sky, according to accident-investigation documents obtained under the Freedom of Information Act. Investigators have traced the problem to a faulty starter-generator, but have been unable to pinpoint why it goes haywire or devise a permanent fix.
Whitlock goes on to tell us that the Air Force alone saw 20 drones either destroyed or suffer major damage in 2015. Later he also tells us that the Army has its own smaller fleet of drones and it has suffered similar drone catastrophes, with four major crashes last year. Remarkably, if we go to the 20 year history of the Predator drone, Whitlock informs us that about half of the 269 Predators the Air Force purchased have crashed or suffered major damage.
As mentioned above, most of these crashes involve the starter-generator failing. The search for an underlying cause for the starter-generator failures has not been successful:
Working with engineers from General Atomics, investigators identified three parts of the starter-generator that were susceptible to breakdowns. But they couldn’t figure out why they were failing.
No pattern was apparent. Older units had failed, but so had brand-new ones. There was no correlation with operating locations or conditions. The Customs and Border Protection investigation blamed an “unknown factor” that was “likely external.
Oh my. What sort of “external” causes might be at work here? Surely it couldn’t be anything like what Iran experienced in its nuclear program, could it? In a remarkable coincidence, David Sanger has an interesting article today, speculating that US sabotage of Iran’s nuclear program may well have played a role in getting Iran to the P5+1 negotiating table. And, of course, no dirty hippies have ever suggested that US drones might be vulnerable to “external” shenanigans.
Meanwhile, the US is busily installing backup starter-generators on Reapers. Whitlock tells us 47 Reapers have gotten the retrofit and that the backup system so far has been credited with 17 “saves” where the backup kicked in to allow a drone to safely return to base when it otherwise would have been ditched.
As a number of outlets have reported, the Second Circuit last month upheld the government’s effort to keep a March 29, 2002 OLC memo pertaining to targeted killing secret; the opinion was unsealed yesterday. The government is probably doing so to keep changes in their rationale for why assassinations don’t violate the prohibition on assassination in EO 12333 secret.
The judges on the panel — especially Judge Jon Normand, who wrote the opinion — had pushed during an ex parte hearing in June to release language in that earlier memo because the dog & pony show around drone strikes in 2012 to 2013 had used closely related language. But after some more secret briefing, the court decided the application of EO 12333 was different enough such that it remained properly protected.
It seems highly likely the specific part of EO 12333 under discussion pertains to the assassination ban. Between the earlier hearing and the opinion, the court pointed to language in the March 25, 2010 Harold Koh speech, the March 5, 2012 Eric Holder speech, and the April 30, 2012 John Brennan speech on targeted killing (they also pointed to two Panetta comments). Each of the cited speeches discusses the assassination ban — and little else that might directly pertain to EO 12333, besides just generally covert operations authorized under Article II. There’s this language in Koh’s speech.
Fourth and finally, some have argued that our targeting practices violate domestic law, in particular, the long-standing domestic ban on assassinations. But under domestic law, the use of lawful weapons systems—consistent with the applicable laws of war—for precision targeting of specific high-level belligerent leaders when acting in self-defense or during an armed conflict is not unlawful, and hence does not constitute “assassination.”
This language in Holder’s speech,
Some have called such operations “assassinations.” They are not, and the use of that loaded term is misplaced. Assassinations are unlawful killings. Here, for the reasons I have given, the U.S. government’s use of lethal force in self defense against a leader of al Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful — and therefore would not violate the Executive Order banning assassination or criminal statutes.
And this language in Brennan’s speech.
In this armed conflict, individuals who are part of al-Qa’ida or its associated forces are legitimate military targets. We have the authority to target them with lethal force just as we targeted enemy leaders in past conflicts, such as German and Japanese commanders during World War II.
But even though all these public speeches commented on this interpretation of the assassination ban, the 2nd Circuit still permitted the government to shield the earlier memo.
The transcript of the June ex parte hearing reveals one explanation for that: the earlier memo was a “far broader interpretation” of the issue.
Although the district court noted that the OLC-DOD Memorandum released by this Court contained a “brief mention” of Executive Order 12,333, the district court concluded that the analysis in the March 2002 Memorandum is significantly different from any legal analysis that this Court held has been officially disclosed and for which privilege has been waived.
In other words, while the earlier memo discusses the same aspect of EO 12333 as these public speeches (again, the assassination ban is by far the most likely thing), the earlier memo uses significantly different analysis, and so it may be hidden.
The June transcript also reveals that OLC lawyers reviewed and wrote on the 2002 memo at a later time — the implication being that someone in OLC reviewed the earlier memo in 2010 when writing the Awlaki one (and curiously, that hard copy with handwritten notes is the only one DOJ claims it can find).
There are two things I find increasingly interesting about this earlier memo about EO 12333 — including at least one part presumably about the assassination ban. First, the implication that one of the lawyers reviewing it in 2010 saw the need to write a new memo (perhaps seeing the need to clean up yet more crazy John Yoo language? who knows). As I repeat endlessly, we know there’s a memo of uncertain date in which Yoo said the President could pixie dust the plain language of EO 12333 without changing the public language of it, and it’s possible this is what that memo did (though the President was clearly pixie dusting surveillance rules).
But I’m also interested in the date: March 29, 2002. The day after we captured Abu Zubaydah (who, at the time, top officials at least claimed to believe was a top leader of al Qaeda). The SSCI Torture Report made it clear the CIA originally intended to disappear detainees. Were they planning to execute them? If so, what stopped things?
In any case, CIA won its battle to hide this earlier discussion so we may never know. But it appears that DOJ may have felt the need to think thing through more seriously before drone assassinating a US citizen. So there is that.
After previous reporting had already claimed US credit for the kill,
A Cardiff man who is one of three from the city to have joined a jihadist group in Syria has died, BBC Wales has been told.
Reyaad Khan, 21, was killed in a US drone strike at the end of August.
And after the WaPo rolled out claims that our latest “secret” drone killing theater operates under new-and-improved rules,
The CIA and U.S. Special Operations forces have launched a secret campaign to hunt terrorism suspects in Syria as part of a targeted killing program that is run separately from the broader U.S. military offensive against the Islamic State, U.S. officials said.
Hussain, the 21-year-old British militant killed last month, was moved toward the top of the target list after being linked to one of two gunmen killed in Garland, Tex., this year after opening fire at a cartoon contest that invited participants to draw pictures of the prophet Muhammad.
Hussain is not known to have been directly involved in the Islamic State’s gruesome beheadings of Western hostages or other violence. The decision to kill him makes clear that even militants involved only in the Islamic State’s media efforts are regarded as legitimate U.S. military targets.
In the past, the Obama administration has stressed that it was not targeting terrorism suspects involved only in propaganda. When Anwar al-Awlaki, an American cleric, was killed in Yemen in 2011, officials emphasized that he had become directly involved in terrorist operations.
A senior administration official said that Hussain “was more than a propagandist. He was actively involved in recruiting [Islamic State] sympathizers in the West to carry out attacks, and he was specifically focused on orchestrating operations targeting U.S. service members as well as government officials.”
Hussain was tracked in part by monitoring his online activities, according to officials who said that the British government had been consulted on the decision to make him a target.
David Cameron has now claimed credit for killing.
The UK government ordered an RAF drone strike which targeted and killed two British Islamic State fighters in Syria last month, David Cameron has said.
Cardiff-born Reyaad Khan was targeted in Raqqa on 21 August and died alongside Ruhul Amin, from Aberdeen, and another fighter, the PM told MPs.
Khan, 21, had been plotting “barbaric” attacks on British soil, he said.
The “act of self defence” was lawful, Mr Cameron said, despite MPs previously ruling out UK military action in Syria.
Khan was killed in a precision strike by a remotely piloted aircraft, “after meticulous planning”, while he was travelling in a vehicle, the prime minister said.
Another British national, Junaid Hussain, from Birmingham, was killed in a separate air strike by US forces in Raqqa on 24 August, the prime minister confirmed.
Both had been planning to attack “high-profile public commemorations” taking place in the UK this summer, he said.
Lawyers on both sides of the Atlantic are already raising questions about the legality of this strike (and given European Human Rights law, it’s at least possible Cameron will have to offer more of an explanation than Obama has offered for killing Anwar al-Awlaki). I’m also interested in what has changed from the time when the UK stripped people of their nationality so we could drone kill them (as we’ve done repeatedly in Somalia). And why a country that was so sensitive about British Telecom’s role in drone operations in Djibouti is proudly announcing this now.
Is it because this strike helps to lay the case for more war-making in Syria?
But there’s something else I’m wondering. Who is flying what over Syria? The US and UK can’t fly drones without either Bashar al-Assad’s blessing or certainty what used to be considerable air defenses have been neutralized.
Moon of Alabama has been wondering the same thing too.
[T]he most curious issue in the piece is the description of the “drone” attack that helped to fend off attacking Nusra fighters. No drone I am aware of and certainly not the “Predator” are equipped with automatic weapons like machine guns. The Drones carry fire-and-forget missiles or bombs but no drone has the necessarily heavy rotating tower and swiveling weapon holder that would allow the use of automatic weapons. “Automatic fire from the sky” as the reporter describes from the video he has seen can only have come from manned helicopters. Or is there some other explanation that I miss?
If there were helicopters who’s birds were these? U.S. or Turkish? Are there more of these flying over Syria and to what purpose? And what would be the Search & Rescue assets that could be used should such a bird come down involuntarily?
Something we are not told about is happening at the Turkish-Syrian border. Is that the reason why the Russians, despiteU.S. efforts to hinder them, prepare air fields for the delivery of new air assets to the Syrian army?
Russia is being painted as the aggressor here. But the story of trans-Atlantic drone successes, whatever the underlying truth, suggests some outside force has been successful at doing more than winning ground battles.
Update: Meant to include this, from the WaPo story, because I find it interesting a story about drones introduces ambiguity both about where the drones might have been launched, but also an acknowledgement there’s more coming out of Jordan (and presumably Turkey).
The U.S. military and European allies operate fighter jets and other aircraft from the Muwaffaq Salti Air Base in Jordan, a highly secured compound that was used earlier this year by a Jordanian pilot who was captured by the Islamic State and burned alive.
The United States also flies drones from bases in Turkey, Kuwait, Saudi Arabia, the United Arab Emirates and Qatar, where the al-Udeid Air Base serves as the Middle East headquarters of the U.S. Special Operations Command.
Update: In his tweet on this, Cameron said the Brits used an RAF “aircraft;” he didn’t say drone (which uses fewer characters).
Update: Though in Cameron’s statement, he clearly says it was a remotely piloted aircraft.
Mr Speaker, in recent weeks it has been reported that 2 ISIL fighters of British nationality who had been plotting attacks against the UK and other countries have been killed in airstrikes. Both Junaid Hussain and Reyaad Khan, were British nationals based in Syria who were involved in actively recruiting ISIL sympathisers and seeking to orchestrate specific and barbaric attacks against the West, including directing a number of planned terrorist attacks right here in Britain, such as plots to attack high profile public commemorations, including those taking place this summer.
We should be under no illusion. Their intention was the murder of British citizens. So on this occasion we ourselves took action. Today I can inform the House that in an act of self-defence and after meticulous planning Reyaad Khan was killed in a precision air strike carried out on 21 August by an RAF remotely piloted aircraft while he was travelling in a vehicle in the area of Raqqah in Syria.
In addition to Reyaad Khan who was the target of the strike, 2 ISIL associates were also killed, 1 of whom – Ruhul Amin, has been identified as a UK national. They were ISIL fighters and I can confirm there were no civilian casualties.
Mr Speaker, we took this action because there was no alternative. In this area, there is no government we can work with. We have no military on the ground to detain those preparing plots. And there was nothing to suggest that Reyaad Khan would ever leave Syria or desist from his desire to murder us at home. So we had no way of preventing his planned attacks on our country without taking direct action.
The US administration has also confirmed that Junaid Hussain was killed in an American airstrike on 24 August in Raqqah.
After Congress pushed for years for the Federal Aviation Administration to rush through permissions to let drones fly above America, local authorities are discovering what countries throughout the Middle East at least pay lip service to: having drones flying freely overhead undermine the illusion of sovereign law on the ground.
As concerns rise about a security menace posed by rogue drone flights, U.S. government agencies are working with state and local police forces to develop high-tech systems to protect vulnerable sites, according to sources familiar with the matter.
Asked about the development of counter-drone-technology, the Department of Homeland Security said it “works side-by-side with our interagency partners” to develop solutions to address the unlawful use of drones. Officials with the Defense Department, FAA and New York Police Department declined to comment.
But the sources acknowledged that efforts to combat rogue drones have gained new urgency due to the sharp rise in drone use and a series of alarming incidents.
The number of unauthorized drone flights has surged over the past year, raising concerns that one could hit a commercial aircraft during landing or take-off, or be used as a weapon in a deliberate attack, the sources said.
Drones have flown perilously close to airliners, interfered with firefighting operations, been used to transport illegal drugs into the United States from Mexico, and sparked a security scare at the White House, among other incidents.
But U.S. authorities have limited tools for identifying drone operators, many of them hobbyists, who violate federal rules that drones fly no higher than 400 feet (120 meters) and no closer than 5 miles (8 km) to airports. One reason for the enforcement gap is that Congress in 2012 barred the FAA from regulating recreational drones.
A system capable of disabling a drone and identifying its operator would give law enforcement officials practical powers to block the flights.
The all-American solution, of course, is more products, more profit. Most of the rest of the article describes efforts to develop technology that can ID and take control of drones deemed by authorities to be operating illegally (though of course such technology could just as easily be used to limit the flight of a media drone tracking police abuse).
There’s no thought, in the article, of the alternative: slowing the enthusiastic roll-out of drones until issues of basic governance can be worked out (or until people realize that drones pose fairly unique challenge to governance as we have it now). Doing that would not only eliminate the opportunity to grow yet another new market for previously unnecessary technology, but raise uncomfortable questions about how we operated our unlawful drones around the world.
Update: As bloopie2 pointed out, a guy in San Diego just got busted for killing a drone surveilling him at the beach with his tee shirt.
And the WaPo reports there have been hundreds of near-misses between drones and planes that the FAA doesn’t want to tell us about.
Two days ago, as part of a Twitter discussion about how wasteful and ineffective a border wall would be, I predicted the Republican presidential candidates would recommend massively increased drone patrols and strikes on immigrants at the border, because it’s expensive and unworkable, but would sound cool.
To be honest, I thought it would take slightly longer than two days to be proven right.
From the start of the Hillary Clinton email scandal, I’ve maintained that there are real reasons to be critical of her use of a private email.
There are big governance reasons to be concerned that Clinton has been in control of all her official emails, including that the emails will get destroyed or hidden from FOIA and Congressional requests.
But there’s also the question of whether whatever sensitive communications she had — potentially including classified information — were safe on a server run out of her Chappaqua home. While the State Department’s own emails have been notoriously unreliable — they have been compromised both in the WikiLeaks leak and in persistent hacks in recent years– if foreign adversaries learned of her private server (and remember, it’s very hard to hide metadata from someone who is looking), her communications would be even easier to compromise.
[T]he system is also broken because it has been permitted to become a tool the powerful use to control their own image (and thereby accrue more power). After the years-long witch hunts under her spouse’s Presidency, Clinton might be forgiven for wanting to maintain complete control over her own communications (except for that whole bit about democratic accountability). But she is of course doing it to serve her own Presidential aspirations.
Not only are there real governance reasons it was wrong, but it was an own-goal given that she knew Republicans would pounce on anything that hints of corruption (even though most GOP presidential candidates have done the same thing). In the grand scheme of things, however, I’m most interested in fixing the email and accountability problem, because it has been a recurrent problem since Poppy Bush tried to destroy some PROFs notes to cover up the Iran-Contra scandal.
That said, much — though not all — of the reporting on it took a decidedly irresponsible turn when Intelligence Community Inspector General Charles McCullough revealed that two emails from the emails on Hillary’s server had been determined to contain Top Secret information. Such reporting was led by former NSA official John Schindler whose piece in the Daily Beast bore this headline.
Schindler might be excused for a headline editors gave his piece to drive clicks and scandal — and indeed, in some parts of his article he was more disciplined in specifying whose emails these were — but he nevertheless used the formulation “Clinton’s emails” when claiming she had satellite-derived information on her servers.
Most seriously, the Inspector General assessed that Clinton’s emails included information that was highly classified—yet mislabeled as unclassified. Worse, the information in question should have been classified up to the level of “TOP SECRET//SI//TK//NOFORN,” according to the Inspector General’s report.
This left the suggestion that as Secretary of State Hillary Clinton sat down with some SIGINT reporting, transcribed it, and then sent it off to her staffers. That, in spite of repeated clarifications from official sources that Hillary was in no way a target of the FBI inquiry into this.
Dianne Feinstein clarified the point yesterday: the issue is that Hillary received emails that had information claimed to be classified, not that she sent them.
There has been a lot of press coverage recently of allegations regarding Secretary Clinton’s email. Unfortunately, much of the coverage has missed key points.
First, none of the emails alleged to contain classified information were written by Secretary Clinton.
The questions are whether she received emails with classified information in them, and if so, whether information in those emails should have been classified in the first place. Those questions have yet to be answered. However, it is clear that Secretary Clinton did not write emails containing classified information.
Again, nothing obviates all the blame that Hillary chose to rely on an unclassified email system, but it’s one thing if Hillary were sending Top Secret information across an unprotected server, and yet another thing if she received emails that might have been derived from Top Secret information, but were not marked as such or even evidently sourced from Top Secret information. Or even — given that some of the people and agencies in question aren’t entirely trustworthy when they make claims of secrecy — that publicly available information was deemed Top Secret.
At least according to the AP (in a story sourced to US officials, so potentially some people in DiFi’s immediate vicinity), that’s what happened.
The two emails on Hillary Rodham Clinton’s private server that an auditor deemed “top secret” include a discussion of a news article detailing a U.S. drone operation and a separate conversation that could point back to highly classified material in an improper manner or merely reflect information collected independently, U.S. officials who have reviewed the correspondence told The Associated Press.
The drone exchange, the officials said, begins with a copy of a news article that discusses the CIA drone program that targets terrorists in Pakistan and elsewhere. While a secret program, it is well-known and often reported on. The copy makes reference to classified information, and a Clinton adviser follows up by dancing around a top secret in a way that could possibly be inferred as confirmation, they said. Several officials, however, described this claim as tenuous.
But a second email reviewed by Charles McCullough, the intelligence community inspector general, appears more suspect. Nothing in the message is “lifted” from classified documents, the officials said, though they differed on where the information in it was sourced. Some said it improperly points back to highly classified material, while others countered that it was a classic case of what the government calls “parallel reporting” — different people knowing the same thing through different means.
This is CIA claiming secrecy for its drone operations!!! The ongoing FOIAs about CIA’s acknowledged role in the drone war are evidence that even independent appellate judges don’t buy CIA’s claims that their drone activities are secret. Just yesterday, in fact, DC Judge Amit Mehta ordered DOJ to provide Jason Leopold more information about its legal analysis on CIA drone-killing Anwar al-Awlaki, information the CIA had claimed was classified. Indeed, Martha Lutz, the woman who likely reviewed the emails turned over, is fairly notorious for claiming things are classified that pretty obviously aren’t. It’s her job!
I’m all in favor of doing something to ensure all people in power don’t hide their official business on hidden email servers — right now, almost all people in power do do that.
But those who take CIA’s claims of drone secrecy seriously should be mocked, as should those who deliberately obscure the difference between receiving an unmarked email with information claimed to be classified and those who transcribe information from a properly marked classified document.
In June, the AP reported on the FBI’s fleet of spy planes (following up on the work of the WaPo and independent journalists around the country). In it, they described how the FBI wanted them to keep the details of the front companies owning the planes secret.
The FBI asked the AP not to disclose the names of the fake companies it uncovered, saying that would saddle taxpayers with the expense of creating new cover companies to shield the government’s involvement, and could endanger the planes and integrity of the surveillance missions. The AP declined the FBI’s request because the companies’ names – as well as common addresses linked to the Justice Department – are listed on public documents and in government databases.
That hasn’t stopped the FBI from flying the planes under the same thin cover. Today, the Detroit Free Press reported that one of those planes has spent the last week flying over Dearborn, the biggest concentration of Arabs in the country.
The thing is, in spite of the claim to the AP that FBI would need to create new covers for their secret spy planes, they didn’t.
The 2010 Cessna is registered to a company called OTV Leasing of Bristow, Va. The registration, like other aircraft included in the AP investigation, is linked to a bank of post office boxes in Bristow.
OTV Leasing was among at least 13 fake companies used by the FBI that were identified during the AP investigation.
The chief executive of OTV Leasing is listed on aircraft records as Robert Lindley. The AP reported that Lindley is listed as CEO of several other front companies, and has at least three distinct signatures on aircraft records. The FBI did not disclose to the AP whether Lindley was a U.S. government employee; the news agency could not reach him for comment.
It’s bad enough that the population of Dearborn is being surveilled by such a high tech plane. But to do so when everyone now knows these are spy planes is all the more problematic. It’s almost hubristic, a display that the FBI can spy on that particularly population with impunity.
In Yemen they fly drones. In Dearborn, they fly planes that have already been outed as FBI spy tools.
Update: The FBI reassured community leaders this was not mass surveillance targeting a racial or religious communities.
The FBI was conducting a specific criminal probe and not investigating credible terror threats nor targeting racial or religious communities, the bureau told community leaders at a meeting Wednesday night.
“Contrary to the suggestion of some recent media reporting, the FBI does not employ aviation assets to conduct mass surveillance nor to target specific communities,” Abbate said in a statement. “Neither does the FBI monitor lawfully protected First Amendment activity. Further, the FBI Detroit Field Office is not aware of any specific or credible threats within the local Detroit Metropolitan area.”
There are several problems with what has been relayed of this statement though (and CAIR-MI Director Dawud Walid makes some of them). First, what the FBI means by mass surveillance and what normal humans do are totally different things. If the surveillance is targeted, but sucks in thousands incidentally, FBI still doesn’t consider it mass surveillance (nor does it report it as such in required congressional reporting).
Also, if you were targeting Dearborn’s Arab-American residents, you’d be targeting neither based on religion (because a significant percentage of the Arab population is Christian) nor, technically, on race (Arab is not considered a race, at least by the census).
And the FBI has big, but secret, exceptions to what it considers “lawfully protected First Amendment activity.”
It may well be true that Dearborn’s residents have nothing to worry about. But the statement — at least what got published here — should not allay any concerns.
Al Jazeera Islamabad bureau chief Ahmad Muaffaq Zaidan is lucky.
Thus far, the CIA has not drone-killed him because the NSA has identified him as a terrorist courier, which the Intercept explains at length today.
The U.S. government labeled a prominent journalist as a member of Al Qaeda and placed him on a watch list of suspected terrorists, according to a top-secret document that details U.S. intelligence efforts to track Al Qaeda couriers by analyzing metadata.
The briefing singles out Ahmad Muaffaq Zaidan, Al Jazeera’s longtime Islamabad bureau chief, as a member of the terrorist group. A Syrian national, Zaidan has focused his reporting throughout his career on the Taliban and Al Qaeda, and has conducted several high-profile interviews with senior Al Qaeda leaders, including Osama bin Laden.
A slide dated June 2012 from a National Security Agency PowerPoint presentation bears his photo, name, and a terror watch list identification number, and labels him a “member of Al-Qa’ida” as well as the Muslim Brotherhood. It also notes that he “works for Al Jazeera.”
As Michael Hayden says (and the article repeats) the US government kills people based on metadata, and NSA’s metadata has erroneously concluded that Zaidan is a terrorist.
As I said, Zaidan is lucky that the system that starts with phone metadata and ends in dead “military aged males” hasn’t killed him yet.
But that’s why it’s a problem that the Intelligence Community is not forced to do better accountability of all the unknown military aged males it kills with drones.
As the Intercept makes clear, the metadata system that (reidentified — he was already targeted) Zaidan as a terrorist courier is based on machine learning.
As the two slide shows they included in the story make clear, the process of using cell data to find “couriers” (or Al Jazeera journalists) is an iterative learning process. That is, it’s important for them to understand if their matches are correct.
But we know that one outcome of this process — drone killing — doesn’t include a very robust feedback mechanism on that front. Partly because the CIA wants to fluff its numbers and partly because they’re often drone-killing without good access to HUMINT that tells them exactly who they kill and partly because they write off large numbers of targets as “military aged males” who therefore must be legitimate targets, they almost certainly don’t input what they learn after they’ve drone-killed someone back into the NSA’s process to teach the computers that they’ve just killed an innocent American hostage.
And so dumb computers can go on identifying journalists as terrorist couriers.