On Solidarity in the Face of Muslim Registry Plans

In this post, I suggest you might donate to CAIR. Please consider a donation for this work, as well

Yesterday, Carl Higbie pointed to the Supreme Court decision in Korematsu in claiming that President Trump could legally establish a registry of Muslims.

A spokesman for a major super PAC backing Donald Trump said Wednesday that the mass internment of Japanese Americans during World War II was a “precedent” for the president-elect’s plans to create a registry for immigrants from Muslim countries.

During an appearance on Megyn Kelly’s Fox News show, Carl Higbie said a registry proposal being discussed by Trump’s immigration advisers would be legal and would “hold constitutional muster.”

This came after Kris Kobach said Trump were considering a formal proposal for such a registry.

Higbie’s remarks came a day after a key member of Trump’s transition team, Kansas Secretary of State Kris Kobach, said Trump’s policy advisers were weighing whether to send him a formal proposal for a national registry of immigrants and visitors from Muslim countries.

Kobach, a possible candidate for attorney general, told Reuters that the team was considering a reinstatement of a similar program he helped design after the Sept. 11, 2001, terrorist attacks while serving in the Justice Department under President George W. Bush.

Kobach was talking about a rule actually imposed during the Bush administration requiring — among other things — that men from Muslim countries (and North Korea) register, practice that led to huge lines outside of immigration facilities during freezing cold weather to dutifully sign up.

Today, a lot of really well-meaning people have promised to also register on any such registry, which would have the intended effect of creating a group far too large to marginalize.

The underlying intent of those promising to sign up is great. But there are a couple of problems in theory.

First, note what the Reuters report cited above says about the registry.

Under NSEERS, people from countries deemed “higher risk” were required to undergo interrogations and fingerprinting on entering the United States. Some non-citizen male U.S. residents over the age of 16 from countries with active militant threats were required to register in person at government offices and periodically check in.

NSEERS was abandoned in 2011 after it was deemed redundant by the Department of Homeland Security and criticized by civil rights groups for unfairly targeting immigrants from Muslim- majority nations.

NSEERS was shut down in 2011 because DHS was already creating the list via other means. That is, the list tracking Muslim already exists. In notable form, it exists in the form of the No Fly and Terrorist Watch Lists. In addition, DHS tracks the movement of international travelers closer than ever. Customs and Border Protection currently collects more metadata from incoming non-citizens — including permanent residents — than INS did of registered men at its inception, and automated CBP kiosks collect some of what they used to collect for people on the registry from everyone, including US citizens.

While in its heyday, NSEERS served to provide suspicion free excuses to stop Muslim-appearing men, it’s not like authorities currently lack that (and I’d say that for Muslims, African Americans, or Latinos). And the rush to include social media registration at immigration will provide another way to prosecute people who inadvertently provide incomplete information at the border to be deported.

But there’s a far bigger hurdle to getting a large group of people to register in solidarity with any Muslim registry. Unless Trump and Kobach dramatically reverse from the perverse logic established under Bush and continued under Obama, these lists are designed to be arbitrary and secret. The current No Fly list includes children. At one point it included Ted Kennedy. Because they are secret, these lists been difficult to challenge them — and before the work of lawyers at ACLU and Center for Constitutional Rights and a few lonely others — impossible.

So long as DHS retains the ability to create such registries in secret, no one will have the affirmative ability to just volunteer to sign up. Maybe Kobach will change that — and undermine the bureaucratic efficacy of the current list. But I’m not yet convinced.

If you want to get yourself on a list of for expressing solidarity with Muslims, a good way to do that may be to donate to the Council on American-Islamic Relations. CAIR is like the ACLU of the Muslim world, one of they key defenders of Muslim civil rights. For that (and discredited allegations of ties to Hezbollah and Hamas) it has been targeted for both surveillance and denormalization (FBI issued guidance prohibiting outreach cooperation with it, for example). But they do absolutely critical work helping Muslims assert their civil rights. And a number of their state offices have already been targeted with hate speech or crimes since the election.

One final point: Just months ago, many Democrats were applauding banning people on the No Fly List from owning guns. I’d like to make gun ownership in this country safer, but using this arbitrary list to do so only encourages the expansion of such lists in the future.

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.

If Richard Burr Jokes about Assassination in Secret, What Else Does He Joke about in Secret?

A tracker caught Senate Intelligence Chair responding to a request for a picture with a guy with an NRA hat on by joking about “putting a bullseye” on Hillary Clinton at an event for volunteers this weekend (the quip is after 34:30).

Nothing made me feel any better than, uh, I walked into a gun shop I think yesterday in Oxford. And there was a copy of Rifleman on the, on the counter. It’s got a picture of Hillary Clinton on the front of it. I was a little bit shocked at that — it didn’t have a bullseye on it.

After the comments became public, Burr apologized for them.

Mind you, Burr has a history of making inappropriate jokes about violence, even about assassination, even in public. In 2013, Burr joked with Treasury Secretary Jack Lew that his relative Aaron Burr assassinated Treasury Secretaries. And in the same year, Burr joked with John Brennan that drinking four glasses of water

“I’ll be brief,” Burr told the nominee to lead the Central Intelligence Agency. “I see you’re on your fourth glass of water and I don’t want to be accused of waterboarding you.”

But this is different, because he laughed about violence from others against a public figure, rather than joking about his own hypothetical violence. And it did so in a fairly closed event.

Given that as SSCI Chair Burr spends so much time huddling in secret with the intelligence community, Burr’s persistent joking about assassination and related issues does raise questions about what else he jokes in his private sessions with spooks. That’s especially true given how far out of his way he has gone to protect CIA from any accountability for torture.

Burr is, to his credit, virtually alone among an recent Gang of Four members for actually keeping what he learns from briefings secret. That means that, unlike this meeting (hilariously, after 13:00 in the recording, Burr kicks out someone he believes to be a tracker, but the person recording the meeting remained inside recording), we would never learn about how funny Burr thinks assassination is when meeting with those who actually carry them out.

That sure makes him an inappropriate person to head oversight of the intelligence community.

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.

Why Is DOD Paying Dataminr $13M for Data It Claims to Believe Twitter Won’t Deliver?

Last week I did a post on John McCain’s promise, given in a Senate Armed Services Committee hearing, to “expose” Twitter for refusing to share you Tweets in bulk with intelligence agencies. Later in the hearing, Jeanne Shaheen returned to the issue of Twitter’s refusal to let Dataminr share data in bulk with the Intelligence Community. She asked Under Secretary for Intelligence Marcell Lettre what the committee needs to get more cooperation. Lettre responded by suggesting one-on-one conversations between Executive Branch officials and the private sector tends to work. Shaheen interrupted to ask whether such an approach had worked with Twitter. Lettre responded by stating, “the the best of my knowledge, Twitter’s position hasn’t changed on its level of cooperation with the US intelligence community.”

That’s interesting, because on August 26, 2016, DOD announced its intent to sole-source a $13.1 million one-year contract with Dataminr to provide alerting capability based off Twitter’s Firehose.

The Department of Defense (DoD), Washington Headquarters Services, Acquisition Directorate (WHS/AD), on behalf of the Office of the Under Secretary of Defense for Intelligence (OUSDI) intends to award a sole source contract pursuant to the requirements of 41 U.S.C. 3304(a)(1) Competition in Contracting Act of 1984 (CICA) as implemented by FAR Subpart 6.3, and IAW the requirements of FAR Subpart 6.303-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

WHS/AD intends to issue this sole source contract to Dataminr, Inc located at 99 Madison Ave Floor 3, New York, NY 10016 (CAGE 6Q6Z6). The anticipated Period of Performance for 1500 license subscriptions are 12 months from the date of contract award. The estimated value of this procurement is approximately $13.1M.

This contract will address the requirements of OUSDI Technical Collection and Special Programs division. The award will be made for licenses, support, and maintenance which allows DoD to receive indication and warnings, situational awareness, and contextual analysis of social media data in order to provide actionable decision support in response to real-time information.

Salient Characteristics of the Data Analytics Software: The contractor shall deliver an alerting capability that, at a minimum, includes:

  • Alerting: Based on the algorithmic analysis of the complete Twitter Firehose, the Contractor shall deliver near-real time alerts on breaking developments relevant to military security.
  • Content: The Contractor’s platform shall generate data from the Twitter firehose. Alerts shall include from the original data source at least the text, embedded links, and associated metadata, to include the Tweet ID.

Perhaps the Under Secretary of Defense for Intelligence’s Technical Collection and Special Programs division doesn’t count as “intelligence community,” but it sure seems to qualify.

Or perhaps there are a number of loopholes in the policy that purports to keep Twitter customers’ data out of the hands of intelligence agencies.

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 Happens When Visa Applicants Forget Their Old Social Media IDs?

After being pushed into it by Congress, Customs and Border Protection has been going through the rule-making process on asking visa applicants for their social media IDs. The idea is root out people like Tashfeen Malik, the wife in the San Bernardino attack couple, who spoke in radicalized terms on private messaging areas of Facebook before she came to the country.

At first, the idea was just to ask for applicants to turn over social media sites voluntarily. But given the pressure CBP already uses, even with US citizens, it’s easy to see how that “voluntary” request can be made to seem obligatory in the pressure of a border encounter.

But as Access Now points out, at the same time as extending the comment period (presumably hoping to get enough scared people commenting to balance out those who find this problematic), CBP also altered the proposed form to make it obligatory. There’s one other problem with the form:

screen-shot-2016-09-21-at-8-34-42-am

The form requests “social media identifier,” not “identifiers.”

Now, I’ve long thought that the whole point of this wasn’t so much to find people engaged in radicalized discussions before the fact. Instead, it was about providing an excuse to deport people after they’ve been discovered, based off a claim they “lied” to CBP and thereby engaged in immigration fraud. Worse, they’ll probably dig up some social media account that someone made years earlier and forgot about it — could you remember every social media account you’ve ever set up?

Here, they’ve literally asked for one, singular, ID. Meaning someone could rightly put just their Facebook ID but then get deported for having not offered up their Twitter one.

Like I said: this is designed to be nothing more than a trap to provide an excuse for deporting someone based off something more fleeting than the old “Have you ever been a member of the Communist Party” question.

One final point: CBP also expanded how broadly they can share all this information. As I’ll write in a follow-up, I suspect it’s part of a larger, unannounced effort.

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.

John McCain Wants to “Expose” Twitter for Refusing to Sell Your Twitter Data in Bulk to CIA

John McCain just had a hearing on cybersecurity. The primary point of the hearing seems to have been to get Admiral Mike Rogers to say the nation would be less safe if we split CYBERCOM Commander from Director of NSA (that is, if we split his job into two). That’s in apparent contradiction to what Rogers said at an industry conference last week.

McCain’s secondary point seems to have been to raise concerns that an unsuccessful attempt by hackers to access Arizona voting data might affect his re-election effort.

His tertiary point seems to have been to attack Apple and Twitter for making efforts to protect their customers. After getting a witness to comment about Twitter’s long-term refusal to let Dataminr to sell Twitter data to the CIA, he suggested perhaps the response should be to “expose” the company.

So let me help Senator McCain in his efforts.

Breaking: Twitter Refuses to Sell Your Data in Bulk to the CIA

That is simply scandalous!

Of course, as I’ve reported in the past and a spox from Twitter reiterated again today, this is actually a (claimed) long-standing policy at Twitter. They will not let Dataminr or anyone else sell your data to any government agency for surveillance purposes.

Dataminr uses public Tweets to sell breaking news alerts to media organizations and government agencies, for non-surveillance purposes. Due to privacy concerns, we have not authorized Dataminr or any third party to sell data to a government or intelligence agency for surveillance purposes. This is a longstanding Twitter policy, not a new development. Twitter responds to valid legal process issued in compliance with applicable law, and our most recent transparency report shows over 5,000 U.S. government information requests in 2015 alone.

Breaking: Twitter Refuses to Sell Your Data to Government for Surveillance Purposes

Wow, this Expose Twitter campaign is getting exciting.

Of course, you might ask why McCain is demanding that our tech companies to make money off of surveillance of you. And why he considers Twitter such an exception.

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.

9/11: A Story of Attacks, Horror, Victims, Heroes and Jingoistic Shame

screen-shot-2016-09-11-at-2-54-38-amSeptember 11, 2001 is now 15 years in the mirror of life. Like the two Kennedy assassinations, the Moonshot and a few other events in life, it is one of those “yeah I remember where I was when…” moments. Personally, being on west coast time, I was just waking up thinking all I had was a normal morning court calendar. When my wife, who gets up far earlier than I, shouted at me to rub out the cobwebs and watch the TV because something was seriously wrong in New York City. She was right. It was a hell of a day, one of unspeakable tragedy and indescribable heroism. It was truly all there in one compact day, unlike any other, save maybe December 7, 1941.

2,996 people lost their lives, and their families and history were forever altered in the course of hours on an otherwise clear and beautiful day in Manhattan. Most were simply innocent victims, but many were the epitome of heroes who charged into a hellscape to try to salvage any life they could. There were other heroes that altered their lives in response, and either died or were forever changed as a result. One was a friend of mine from South Tempe, Pat Tillman.

No one can speak for Pat Tillman, and, save for his family, those who claim to only prove they never met the man. All I can say is, I wish he were here today. The one thing that is certain is he would not give the prepackaged trite partisan reaches you are likely to hear today. It would be unfiltered truth. Which the US did not get from its leaders after September 11, 2001, and is still missing today.

Instead of rallying and solidifying the oneness of the American citizenry that was extant immediately after September 11, 2001, the Bush/Cheney Administration and GOP told us to go shopping and that we needed to invade Iraq, who had nothing whatsoever to do with 9/11. It was a fools, if not devil’s, errand and a move that threw away an opportunity for greatness from the country and exploited it in favor of war crimes and raw political power expansion and consolidation.

Instead of gelling the United States to make ourselves better as the “Greatest Generation” did sixty years before, America was wholesale sold a bill of goods by a determined group of unreformed and craven Neo-Con war criminals left over from the Vietnam era, and we were led down the path to a war of aggression that was an unmitigated disaster we have not only not recovered from today, but are still compounding.

The 2000’s will prove to be a decade of American shame when history is written decades from now. Not from the attacks, but from our craven response thereto. So, pardon me if I join Colin Kaepernick and choose not to join, every Sunday, just because the Madison Avenue revenue generating NFL of Roger Goodell cravenly exploits it, the jingoistic bullshit of rote dedication to a racist National Anthem. Also, too, shame on opportunistic and Constitutionally ignorant whiny police unions who scold free speech and threaten to abandon their jobs in the face of it.

powell_un_anthraxBut that is all over now surely. Taking the United States, nee the world, to a forever war on the wings of a craven lie is universally recognized, condemned and scorned, right?

No. The Neo-Cons are unrepentant and still trying to advance themselves on the lie that their once and forever war justifies more than their prosecution and conviction in The Hague. Here is a belligerent and unrepentant Dick Cheney passing the torch of evil to his spawn Liz Cheney in the august pages of the Wall Street Journal:

We are no longer interrogating terrorists in part because we are no longer capturing terrorists. Since taking office, the president has recklessly pursued his objective of closing the detention facility at Guantanamo by releasing current detainees—regardless of the likelihood they will return to the field of battle against us. Until recently, the head of recruitment for ISIS in Afghanistan and Pakistan was a former Guantanamo detainee, as is one of al Qaeda’s most senior leaders in the Arabian Peninsula.

As he released terrorists to return to the field of battle, Mr. Obama was simultaneously withdrawing American forces from Iraq and Afghanistan. He calls this policy “ending wars.” Most reasonable people recognize this approach as losing wars.

Times may change, but the bottomless pit of Cheney lies and evil do not. As Charlie Savage pointed out on Twitter, the two terrorists the Cheneys refer to were actually released back to the “field of battle” by Bush and Cheney, not Obama. Was Obama involved in the story? Yes, he would be the one who actually tracked them down and killed them.

And then there is the failure to learn the lessons of the failed torture regime Bush and Cheney instituted as the hallmark of the “War on Terror”. Our friend, and former colleague, Spencer Ackerman has a must read three part series over the last three days in The Guardian (Part One, Part Two and Part Three) detailing how the CIA rolled the Obama Administration and prevented any of the necessary exposure, accountability and reform that was desperately needed in the aftermath of the torture regime and war of aggression in Iraq. It will take a while, but read all three parts. It is exasperating and maddening. It is also journalism at its finest.

And so, as we glide through the fifteenth anniversary of September 11, what are we left with from our response to the attacks? A destabilized world, an ingraining of hideous mistakes and a domestic scene more notable for jingoism and faux patriotism than dedication to the founding principles that America should stand for.

That is not what the real heroes, not only of 9/11 but the totality of American history, died to support and protect. In fact, it is an insult to their efforts and lives. If America wants to win the “War on Terror”, we need to get our heads out of our asses, quit listening to the neocons, war mongers, and military industrial complex Dwight Eisenhower warned us about, and act intelligently. This requires a cessation of adherence to jingoistic and inane propaganda and thought, and a focus on the principles we are supposed to stand for.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

In Attempted Hit Piece, NYT Makes Putin Hero of Defeating TPP

In an remarkable hit piece NYT spent over 5,000 words yesterday trying to prove that all of WikiLeaks’ leaks are motivated from a desire to benefit Russia.

That of course took some doing. It required ignoring the evidence of the other potential source of motivation for Julian Assange — such as that Hillary participated in an aggressive, and potentially illegal, prosecution of Assange for being a publisher and Chelsea Manning for being his source — even as it repeatedly presented evidence that that was Assange’s motivation.

Putin, who clashed repeatedly with Mrs. Clinton when she was secretary of state,

[snip]

In late November 2010, United States officials announced an investigation of WikiLeaks; Mrs. Clinton, whose State Department was scrambled by what became known as “Cablegate,” vowed to take “aggressive” steps to hold those responsible to account.

[snip]

Another person who collaborated with WikiLeaks in the past added: “He views everything through the prism of how he’s treated. America and Hillary Clinton have caused him trouble, and Russia never has.”

It also required dismissing some of the most interesting counterexamples to the NYT’s thesis.

Sunshine Press, the group’s public relations voice, pointed out that in 2012 WikiLeaks also published an archive it called the Syria files — more than two million emails from and about the government of President Bashar al-Assad, whom Russia is supporting in Syria’s civil war.

Yet at the time of the release, Mr. Assange’s associate, Ms. Harrison, characterized the material as “embarrassing to Syria, but it is also embarrassing to Syria’s opponents.” Since then, Mr. Assange has accused the United States of deliberately destabilizing Syria, but has not publicly criticized human rights abuses by Mr. Assad and Russian forces fighting there.

As I have noted, there is a significant likelihood that the Syria files came via Sabu and Anonymous from the FBI — that is, that it was actually an American spy operation. Even aside from how important a counterexample the Syrian files are (because they went directly contrary to Putin’s interests in protecting Assad, no matter how bad they made Assad’s western trade partners look), the provenance of these files and Assange’s current understanding of them deserve some attention if NYT is going to spend 5,000 words on this story.

But the most remarkable stunt in this 5,000 screed is taking Wikileaks’ efforts to show policies a great many people believe are counterproductive — most importantly, passing trade deals that benefit corporations while hurting real people, but also weakening other strong hands in climate change negotiations — and insinuating they might be a Putinesque plot. This bit requires editorial notes in line:

From November 2013 to May 2016, WikiLeaks published documents describing internal deliberations on two trade pacts: the Trans-Pacific Partnership, which would liberalize trade [ed: no, it would protect IP, the opposite of liberalizing trade] between the United States, Japan and 10 other Pacific Rim countries, and the Trade in Services Agreement, an accord between the United States, 21 other countries and the European Union.

Russia, which was excluded, has been the most vocal opponent of the pacts [this is presented with no evidence, nor even a standard of evidence. I and all of America’s TPP opponents as well as TPP opponents from around the world must redouble our very loud effort], with Mr. Putin portraying them as an effort to give the United States an unfair leg up in the global economy.

The drafts released by WikiLeaks stirred controversy among environmentalists, advocates of internet freedom and privacy, labor leaders and corporate governance watchdogs, among others. They also stoked populist resentment against free trade that has become an important factor in American and European politics. [Here, rather than admitting that this broad opposition to these trade deals shows that Putin is not the most vocal opponent of these pacts — contrary to their foundational assumption in this section — they instead portray a wide spectrum of well-considered activism as unthinking response to Putinesque manipulation. And note, here, a news outlet is complaining that ordinary citizens get access to critically important news, without even blushing? Also note the NYT makes no mention of the members of Congress who were also begging for this information, which makes it easier to ignore the profoundly anti-democratic nature of these trade agreements.]

The material was released at critical moments, with the apparent aim of thwarting negotiations, American trade officials said. [In a piece obscuring the unpopular and anti-democratic nature of these trade deals, the NYT gives these sources anonymity.]

WikiLeaks highlighted the domestic and international discord on its Twitter accounts.

American negotiators assumed that the leaks had come from a party at the table seeking leverage. [That anonymity again: NYT is protecting some bitter trade negotiators who’ve invented a paranoid conspiracy here. On what grounds?]

Then in July 2015, on the day American and Japanese negotiators were working out the final details of the Trans-Pacific Partnership, came what WikiLeaks dubbed its “Target Tokyo” release.

Relying on top-secret N.S.A. documents, the release highlighted 35 American espionage targets in Japan, including cabinet members and trade negotiators, as well as companies like Mitsubishi. The trade accord was finally agreed on — though it has not been ratified by the United States Senate — but the document release threw a wrench into the talks.

“The lesson for Japan is this: Do not expect a global surveillance superpower to act with honor or respect,” Mr. Assange said in a news release at the time. “There is only one rule: There are no rules.” [That the US spies on trade negotiations was of course not news by this point. But it is, nevertheless, worthy to point out.]

Because of the files’ provenance, United States intelligence officials assumed that Mr. Assange had gotten his hands on some of the N.S.A. documents copied by Mr. Snowden.

But in an interview, Glenn Greenwald, one of the two journalists entrusted with the full Snowden archive, said that Mr. Snowden had not given his documents to WikiLeaks and that the “Target Tokyo” documents were not even among those Mr. Snowden had taken.

The next paragraph goes on to note that the same NSA documents focused on climate negotiations between Germany and the UN, which seems to suggest the NYT also believes it is in petro-state leader Putin’s interest for the US attempts to dominate climate change negotiations to be thwarted, even as Assange describes US actions as protection petroleum interests, which of course align with Putin’s own.

In other words, as a central piece of evidence, the NYT spent 11 paragraphs repackaging opposition to shitty trade deals — a widely held very American view (not to mention a prominent one is most other countries affected) — into something directed by Russia, as if the only reasons to oppose TPP are to keep Russia on an equal shitty neoliberal trade footing as the rest of us, as if opposing the deals don’t benefit a whole bunch of red-blooded Americans.

That’s not only logically disastrous, especially in something billed as “news,” but it is very dangerous. It makes legitimate opposition to bad (albeit widely accepted as good within beltway and I guess NYT conventional wisdom) policy something disloyal.

NYT’s argument that Putin was behind WikiLeaks’ NSA leaks doesn’t hold together for a lot of reasons (not least that those two topics are probably not what Putin would prioritize, or even close). But it also has the bizarre effect, in a hit piece targeting Assange and Putin, of making Putin the hero of the anti-TPP movement.

And yet, NYT’s three journalists don’t seem to understand how counterproductive to their “journalistic” endeavor that argument is.

Update: Oy. As Trevor Timm notes, NYT worked with WL on the TPP release.

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.

CIA Director Entry Number 2: Mike Morell, Fabulist

As Eli Lake wrote the other day, there are three men angling to be CIA Director under President Hillary: John Brennan, Mike Morell, and Mike Vickers.

I’ve already explained what is terrifying about Vickers’ audition to be CIA Director: after laying out the Hillary as Commander-in-Chief case (which appears to be mandatory for these things), Vickers then talks about how we need to escalate our wars and belligerence.

To be sure, we will need more aggressive counterterrorism strategies, stronger support for the Syrian opposition as the only plausible counterweight to authoritarianism and extremism within Syria, more effective counters to Iranian and Russian expansion, and better strategies for deterring and competing with China over the long term.

Henceforth, I will refer to Vickers as The Escalationist.

Today, Mike Morell submitted his audition to be CIA Director.

As Vickers did (these do seem to be formulaic), Morell lays out his extensive bipartisan past (Vickers claims service under 4 Republican and 2 Democratic Presidents, Morell claims 3 of each), then talks about how serving with Hillary convinced him she has the temperament to be Commander-in-Chief.

I spent four years working with Mrs. Clinton when she was secretary of state, most often in the White House Situation Room. In these critically important meetings, I found her to be prepared, detail-oriented, thoughtful, inquisitive and willing to change her mind if presented with a compelling argument.

Like Vickers, Morell lauds Hillary’s courage in pushing for the raid that killed Osama bin Laden.

Mrs. Clinton was an early advocate of the raid that brought Bin Laden to justice, in opposition to some of her most important colleagues on the National Security Council.

[snip]

I never saw her bring politics into the Situation Room. In fact, I saw the opposite. When some wanted to delay the Bin Laden raid by one day because the White House Correspondents Dinner might be disrupted, she said, “Screw the White House Correspondents Dinner.”

Disrupting White House Correspondents Dinner to kill someone would count as politics? Really?

Also like Vickers, Morell then lays out Trump’s lack of qualification for the job, both in terms of background and temperament.

But Morell’s gimmick — the brand that sets him apart on this quest to be CIA Director — is not an explicit call for escalation, but instead the specific gloss he puts on Trump’s soft spot for Putin. After portraying Trump’s careless claims as full endorsements of Putin, Morell claims Trump has been recruited by the old KGB officer, albeit unwittingly.

Mr. Putin is a great leader, Mr. Trump says, ignoring that he has killed and jailed journalists and political opponents, has invaded two of his neighbors and is driving his economy to ruin. Mr. Trump has also taken policy positions consistent with Russian, not American, interests — endorsing Russian espionage against the United States, supporting Russia’s annexation of Crimea and giving a green light to a possible Russian invasion of the Baltic States.

In the intelligence business, we would say that Mr. Putin had recruited Mr. Trump as an unwitting agent of the Russian Federation.

Don’t get me wrong. I’m all in favor in making political hay out of Trump’s call on Putin to hack Hillary, especially coming as it does from someone (unlike Jake Sullivan and Leon Panetta) without a known history of mishandling classified information.

But that line? “recruited Mr. Trump as an unwitting agent of the Russian Federation”? That’s all about the clicks, and it has been serving splendidly. Just like “Slam Dunk” was a nifty line.

In a piece auditioning to be CIA Director, I’d prefer someone stick more rigorously to the truth. Trump is an apologist for Putin, undoubtedly, but there’s no more evidence Putin has recruited Trump (unwittingly) than there is, say, the Saudis have recruited Hillary. They’re all just picking the assholes they champion, with Hillary picking the assholes we’ve long championed.

Then again, this is not the first time Morell has stretched the truth a bit — up to and including on torture, so we shouldn’t be surprised by the tactic.

So there you have it: The Escalationist versus The Fabulist, your first two contestants on the Price is Right CIA nomination competition.

Sadly, we probably won’t see something quite so explicit from Brennan (though it would be amusing to see if a third endorsement hewed so closely to the same script as the other two), so we’ll just have to accept Lake’s “drone warrior” brand for him.

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.

Eli Lake’s Portrayal of the CIA Director Campaign: Drones, Benghazi, and … ?

Eli Lake reports that John Brennan wants to stay on as CIA Director under President Hillary. That’s not surprising given that Brennan believes (as Lake notes) CIA Directors should get 10 year terms just like FBI Directors do.

I thought maybe Brennan wanted to stick around to make sure he gets credit for bettering Allen Dulles’ record for regime change (after all, it’s not clear how the regime change conducted while Brennan was at the White House gets counted in these things).

Apparently not. After laying out what he portrays as opposition from both the left and right (not that that stopped Brennan from being confirmed in 2013), Lake describes that Brennan might stay because he’s the architect of the drone war.

Brennan does have the benefit of understanding the intricacies of the U.S. drone war that expanded significantly under Obama. Indeed, he is one of the main authors of that policy, going back to his time at the White House during Obama’s first term.

There was a time when Obama endeavored to end that war by the time he left office. It’s now clear that Obama’s successor will inherit it. Brennan is hoping that if that successor is Clinton, she will also inherit the architect of the drone war that he and Obama can’t seem to end.

This, at a time when the Senate Intelligence Committee and Armed Services Committee still squabble over who should drive the drone war.

Lake describes Mike Morell’s case (someone Dianne Feinstein has lobbied against in the past) this way:

Morell in particular has been helpful to Clinton. In his memoir and in congressional testimony, he blamed the CIA and the White House for the talking points on the 2012 Benghazi attack that attributed an act of terror to a demonstration over an internet video. Clinton, of course, was secretary of state at the time, and Republicans have leveled most of their criticism of Benghazi at her.

Lake pretends that the stated role in Benghazi and unstated opposition from Feinstein based off Morell’s comments about the torture report wouldn’t sink his candidacy. Maybe that wouldn’t?

Which leaves Mike Vickers, about whom Lake only mentions Vickers’ history as “former CIA officer and undersecretary of defense for intelligence.” Thankfully, Vickers has made his own case, in a recent endorsement of Hillary. After Vickers recalls his own bipartisan history (largely running covert ops), he raises Hillary’s favorite alleged proof of her national security chops, when she advised Obama to launch the Osama bin Laden raid.

As a Green Beret, CIA operations officer and senior national security official, I have served under six presidents—four Republicans and two Democrats. The last was Barack Obama, and for four years in the White House Situation Room, I saw Secretary of State Hillary Clinton’s sound strategic judgment first-hand—on the Afghanistan surge, the campaign to dismantle and defeat core al Qaeda in Pakistan’s tribal region, the raid to kill Osama bin Laden, and on lethal support for the moderate Syrian opposition. Secretary Clinton has the temperament, national security experience and strategic judgment to be an outstanding commander in chief. Donald Trump does not. I’m with her.

Vickers then ends his “endorsement” by confidently asserting we need to be more hawkish than we currently are.

To be sure, we will need more aggressive counterterrorism strategies, stronger support for the Syrian opposition as the only plausible counterweight to authoritarianism and extremism within Syria, more effective counters to Iranian and Russian expansion, and better strategies for deterring and competing with China over the long term. But just as we needed an experienced and steady hand to guide us safely through the early years of the Cold War, we need an experienced and steady hand to guide us through the current challenges to American leadership and world order. Only one candidate in this presidential race can supply that.

There you have the race to be CIA Director under Hillary (at least as viewed through a Neocon lens): the current drone architect, Mr. Benghazi, or the guy whose enthusiasm for covert ops matches Hillary’s own.

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.

IARPA’s MOSAIC FitBit for Psych

EFF’s Dave Maass discovered this conference notice from the Intelligence Advanced Research Projects Activity.

Selecting and evaluating a workforce that is well-suited for the psychological and cognitive demands of the diverse positions across the Intelligence Community (IC) is an important and persistent need. This is growing in importance as the pace and complexity of the challenges facing the IC workforce grow and expand. Methods that enhance our ability to evaluate an individual’s psychological drivers, cognitive abilities, and mental wellness and resilience will enable improved capabilities to select the right person for the right job, evaluate and help maintain optimal performance throughout their career, and better understand and anticipate changes in an individual that may impact their work effectiveness, productivity, and overall health and wellness.

To address this challenge, the MOSAIC program aims to take advantage of multimodal mobile, worn, and carried sensors and the corresponding data to enable the measurement of an individual in situ, throughout their daily activities, using an aggregate of behavior, physiology, social dynamics, physical location and proximity, as well as other novel data sources. Research in this program will aim to establish convergent validity of multimodal signals across a range of researcher-defined contexts and over time to enable accurate and personalized evaluations. It is anticipated that research teams will develop and test a suite of multimodal sensors to collect a range of subject-focused and situational data; build capabilities to develop an integrated model of the subject, their behaviors, and the social and physical context; and advance methods to personalize modeling approaches to develop accurate assessments of an individual over time.

The Program, which uses the intelligence jargon “Mosaic” to stand for “Multimodal Objective Sensing to Assess Individuals with Context” would start with volunteers and then roll out better measurements, though it’s not clear whether the program, as conceived, would roll out to the IC as a whole.

It’s all very spooky, especially given that it doesn’t really say what it wants to measure. Is it going to be a running polygraph, a constant assessment of deceit of the kind the IC doesn’t encourage, if that can be distinguished from the kind it does? Will it measure how the best operatives respond to stress? What kind of spying on the spies will it enable?

But it’s nice to see IARPA making clear whether the push for things like FitBit will lead the rest of society.

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.