With All These Defections, How Can Intelligence Agencies Make Claims about Chain of Command?

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The French, who have a long history with Syria, offered a somewhat more developed explanation for why they’re so sure that Bashar al-Assad should be held responsible for the August 21 attack even while someone in his Ministry of Defense appears to have been panicked and confused about the attack. (Note: Alan Grayson asked for this intercept to be declassified in today’s hearing, but Chuck Hagel seemed unenthused about that idea.)

Last Wednesday, in the hours after a horrific chemical attack east of Damascus, an official at the Syrian Ministry of Defense exchanged panicked phone calls with a leader of a chemical weapons unit, demanding answers for a nerve agent strike that killed more than 1,000 people.

In their case for war they talked about how tightly controlled Assad’s Chemical Weapons are.

The Syrian chemical programme is centred around the Center of Scientific Studies and Research (CSSR), in charge among others of producing chemical warfare agents. Its Branch 450 is in charge of the filling of chemical ammunitions, as well as the security of chemical sites and stockpiles. Formed exclusively with Alawi officers, this unit is known for its high loyalty to the regime.

Bachar al Assad and some of the most influential members of his clan are the only ones empowered to order the use of chemical weapons. The order is then forwarded to the commanding officers within the competent branches of the CSSR. In parallel, the armed forces HQs receive the order, decide of targeting and of the choice of weapons and toxic agents to use.

While not definitive, it is a slightly more developed version of the argument that the US made.

Syrian President Bashar al-Asad is the ultimate decision maker for the chemical weapons program and members of the program are carefully vetted to ensure security and loyalty. The Syrian Scientific Studies and Research Center (SSRC) – which is subordinate to the Syrian Ministry of Defense – manages Syria’s chemical weapons program.

Nevertheless, in the face of some questions about what the men in the CW unit were doing, both governments have offered simply an argument about how reliable the CW staffers are in this unit.

But that comes amidst what John Kerry claims is a big wave of defections. The most notable is that of General Habib Ali, Assad’s former Minister of Defense and like him an Alawite.

“Ali Habib has managed to escape from the grip of the regime and he is now in Turkey, but this does not mean that he has joined the opposition. I was told this by a Western diplomatic official,” Kamal al-Labwani said from Paris.

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Working Thread: Section 215 Chronologies

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This post consists of two things. First, a comparison of the 2009 notice and the 2011 one on the PATRIOT Act dragnet programs (as well as the one paragraph from the White Paper that largely replicates their compliance language).

Then, it includes the items noted on this Vaughn Index submitted in the ACLU suit for Section 215 information, along with other relevant known dates.

I’m working on some related posts, but needed to post this to refer back to. Read more →

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The Biggest Math Organization in the World Has a Simple Arithmetic Problem

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In this post, I’m going to examine a claim made in the May 3, 2012 audit report of NSA violations. Through the magic of simple arithmetic, I’m going to show that the report misleads readers about why the number of incidents rose in the first quarter of 2012, wrongly suggesting it was an unpreventable seasonal problem, rather than pointing to the human error and fault that really explained the increase.

On page two, the report shows how many Signals Intelligence Directorate-reported incidents there are across both kinds of authorities: EO 12333 (strictly foreign) and FISA (involving US persons).

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As the report acknowledges, there was an 11% increase in incidents for both kinds of authority.

But don’t worry, the report says, the increase is due to Chinese New Year, sort of.

The increase in incidents reported for 1QCY12 was due to an increase in the number of reported Global System for Mobile Communications (GSM) roamer1 incidents, which may be attributed to an increase in Chinese travel to visit friends and family for the Chinese Lunar New Year holiday.

1Roaming incidents occur when a selector associated with a valid foreign target becomes active in the U.S.

On the following page, a section provides further explanation on the roamer problem.

The largest number of incidents in the System Limitations category account for roamers where there was no previous indications of the planned travel. These incidents are largely unpreventable. Consistent discovery through the Visitor Location Register (VLR) occurs every quarter and provides analysts with timely information to place selectors into candidate status or detask. Analysis identified that these incidents could be reduced if analysts removed/detasked selectors more quickly upon learning that the status of the selector had changed and more regularly monitored target activity. This analysis indicates that continued research on ways to exploit new technologies and researching the various aspects of personal communications systems to include GSM, are an important step for NSA analysts to track the travel of valid foreign targets.

On page 6, we get a more comprehensible explanation.

Roamers: Roaming incidents occur when valid foreign target selector(s) are active in the U.S. Roamer incidents continue to constitute the larges category of collection incidents across E.O. 12333 and FAA authorities. Roamer incidents are largely unpreventable, even with good target awareness and traffic review, since target travel activities are often unannounced and not easily predicted.

In other words, the roamer problem stems from the fact that when valid foreign targets travel to the US with their GSM phones, analysts don’t know that and therefore don’t act accordingly. I think (though am not positive) the presence of the target in the US would shift a 12333 intercept into a FISA one (we’d be tracking calls to foreigners with one end in the US), and a FISA Amendments Act target into an illegal one (we’d be tracking calls with both ends in the US, one potentially involving a US person). Since this involves primarily valid foreign targets, it is not the most urgent problem identified in the report.

And, the NSA claims, it is largely unavoidable, so readers of this report should expect the relatively large numbers of roamer problems to continue.

Up to this point — far beyond where most readers will be paying attention, I’d imagine — we might believe (because the report said so explicitly) that the 11% increase in incidents stems from a problem involving valid foreign targets and reflecting an unavoidable technical problem.

It’s only when you get to page 5 and 6 that this narrative falls apart. Here’s how many roamer incidents occurred under EO 12333 for the four quarters reported.

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And here’s how many roamer incidents occurred under FISA for the four quarters presented.

Screen shot 2013-08-16 at 10.53.06 AM

Adding the roamer incidents for each kind of authority together, we discover the total roaming incidents, across both authorities, look like this in the last quarter of 2011 and first quarter of 2012:

4QCY11: 582 + 87 = 669

1QCY12: 491 + 95 = 586

In fact, the roaming problem doesn’t explain the 11% overall increase in incidents at all, because the number of roaming incidents under EO12333 actually went down 19%, meaning roaming incidents across the two authorities went down 14%.

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The Stenography Dance between Israel and the US

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I’ve been meaning to comment on this story from Bill Gertz from last week. After reporting that the Israelis bitched about US reports of the Israeli strike on Russian made missiles shipped to Syria,

Israeli government officials voiced anger at U.S. press leaks traced to the Pentagon following the July 5 Israeli missile attack on the Syrian port of Latakia that destroyed a shipment of Russian-made anti-ship missiles, according to U.S. officials.
Senior Pentagon officials, including Deputy Secretary of Defense Ashton Carter who is currently visiting Israel, discussed the leaks during meetings with Israeli officials this week. The Israelis argued in private meetings and other exchanges that the disclosures could lead to Syrian counterattacks against Israel and should have been coordinated first with the Israeli government. [my emphasis]

It catalogs multiple people — both American and Israeli — talking about the intent of the gag and concerns about secrecy.

A U.S. official said signs of Israeli anger over the Latakia raid disclosures appeared in several Israel press outlets. One Israeli official was described as “furious” over the leak because the Pentagon did not coordinate its release of information first with Israel.

Other Israeli officials were quoted as saying that in the aftermath of the Yakhont missile strikes that ties between Israel and Syria had reached a new peak and that there are worries that tying Israel to the attack will prompt Syrian leader Bashar al-Assad to retaliate soon or against a future Israeli attack. [my emphasis]

As far as I know, no one besides Gertz has reported on Israeli anger, in spite of the fact that the reports were published by notorious DOD mouthpieces. There’s Barbara Starr,

A series of explosions on July 5 at a critical Syrian port was the result of airstrikes by Israeli warplanes, according to multiple U.S. officials.

Regional media widely reported the predawn explosions at Latakia, but no one had officially claimed responsibility.

Three U.S. officials told CNN the target of the airstrikes were Russian-made Yakhont anti-ship missiles that Israel believes posed a threat to its naval forces.

And Michael Gordon,

Israel carried out an air attack in Syria this month that targeted advanced antiship cruise missiles sold to the Syria government by Russia, American officials said Saturday.

The officials, who declined to be identified because they were discussing intelligence reports, said the attack occurred July 5 near Latakia, Syria’s principal port city. The target was a type of missile called the Yakhont, they said.

Mind you, the Israelis don’t claim to be pissed that the leaks occurred (in spite of claims that revealing it publicly will make it more likely someone — I’m not sure precisely who — will attack Israel. Just that they (allegedly) occurred without coordinating with the Israelis.

Compare this treatment with the efforts to mandate investigations of leaks last year that made it harder to gin up war against Iran.

And with reports that retired General Hoss Cartwright is being investigated for repeating stories about Israel’s purported role in letting StuxNet escape Iranian nuke facilities (a leak which, it should be said, added to an earlier Michael Gordon co-byline).

Funny. Just a few weeks before the Latakia leaks to noted stenographers, leaking about Israel could get even a top General investigated.

But when stenographers report similar stories, crickets.

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caught up

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Congratulations to the AP, which has caught up to the reporting I did a month ago on the way SOCOM purged their own systems of Osama bin Laden photos (and, apparently, records) and moved them to the CIA.

But it appears that this shell game involved more than just moving all these records to CIA. It appears CIA had to retroactively classify at least the photographs.

As you recall, Judicial Watch (as well as a bunch of other entities) had FOIAed any pictures of the raid. It its motion for summary judgment, JW made several complaints about the government’s FOIA response:

  • The search, particularly at DOD, was inadequate.
  • The government declarations didn’t adequately specify what was included in the pictures (I suspect this was done to hide trophy pictures not shown to Congress or, possibly, even the President).
  • The government declarations don’t prove that all the photos could cause exceptionally grave harm.
  • The description of the classification process was inadequate.

It is the last of these that is most interesting, given the apparent fact that DOD transfered all its photos to CIA (plus my suspicion that a lot of these are trophy photos, not official operational photos).

First, Defendants fail to identify who classified the records. Director Bennett testifies as to who generally has the authority to classify information as TOP SCERET and who generally has the authority to delegate such authority. Bennett Decl. at ¶¶ 14-15. In addition, Director Bennett states that the “Director of the CIA has delegated original TOP SECRET classification authority to me. As an original classification authority, I am authorized to conduct classification reviews and to make original classification decisions.” Id. at ¶ 18. Yet, Director Bennett does not testify that he personally classified the records. Nor does he state that any other authorized official actually classified the records.  If an individual without the proper authority classified the records, Defendants have not complied with the procedural requirements of EO 13526.

Second, Director Bennett does not specifically testify as to when the 52 records were classified. Director Bennett only states that as of September 26, 2011, the 52 records are currently and properly classified. Read more →

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Remember How Angry Russia Is about Viktor Bout

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As we await the next installment from Edward Snowden’s White Bronco chase around the globe, it’s worth remembering our attempt to overthrow Bashar al-Assad and the Boston Marathon attack (and subsequent whitewashing about how closely Russia is cooperating) are not the only things underlying US-Russian relations.

Russia is still very angry about our assertion of jurisdiction to entrap Viktor Bout for selling arms to FARC.

Indeed, Preet Bharara is among the US officials that Russia sanctioned in retaliation for the Magnitsky list, along with such leading lights of American law as John Yoo and David Addington.

Jeralyn lays out Russian frustrations over our manufactured jurisdiction with two of their citizens here.

Bout’s story (background here)is even worse. He was the victim of a DEAsting in Thailand. The U.S. fought tooth and nail to extradite him and lost. The U.S. appealed (and likely pulled some strings, if the Wikileaks cables are any indication, and lo and behold, The higher court in Thailand approved his extradition. He spent a miserable two years at MCC in New York, was convicted and sentenced to 35 years which he is serving at theUSP in Marion, IL., one of our SuperMax prisons. The U.S. claims he’s a “Lord of War” and seller of arms. He never sold arms here. What’s it our business? Why have a prisoner transfer treaty if you aren’t going to use it? Did anyone ask the American taxpayers if they want to pay $40,000 a year times 30 years to warehouse Bout in a high security prison when Russia’s willing to take him?

You don’t have to like what Bout did (which is not much more destabilizing than what Erik Prince has done) to understand that when the US claims jurisdiction over anyone in the world, even if they do nothing to harm the US directly, is going to piss off other countries.

Eventually, those countries may have an opportunity to express their frustration about it.

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Finding The Way To San Jose

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NatSecBarWell, hello there Clarisse. As I look at the crack of light filtering in through the drawn Elvis curtains of my hotel room, it appears to be morning. We had fun last night. The first picture is of, from left to right, Col. Morris Davis, Marcy and Jen Nessel of the Center for Constitutional Rights. Also present, but sadly out of the frame, were Jim White and our longtime friend and fearless roving reporter Rosalind.
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AssKisser-e1371917463133-768x1024Next picture is of Jim’s beer choice. He ordered an “Ass Kicker Beer” and, as you can see was, in a stroke of bar server genius, served an “Ass Kisser”. True story!
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BNU8VnCCAAAp6kP.jpg-largeLastly, the third picture is of a rather unfortunate drink I ordered. I got the happy hour special. I don’t know what the hell it was, but it was NOT what I had in mind. Jeebus.
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War Criminal Afghan Army Chief of Staff Dostum Opens Fire on Member of Own Political Party

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As Afghanistan careens toward presidential elections next April and the end of authorized NATO presence in Afghanistan at the end of next year, we are beginning to see jockeying for position among the same set of militia strongmen who never have been forced to face consequences for the war crimes they committed the last two times Afghanistan was without a government.

Perhaps the most notorious of these war criminals is Rashid Dostum, who is accused of killing up to two thousand prisoners who surrendered as Kabul fell to US forces. Here is McClatchy in 2008 describing Dostum removing evidence of his war crimes:

Seven years ago, a convoy of container trucks rumbled across northern Afghanistan loaded with a human cargo of suspected Taliban and al Qaida members who’d surrendered to Gen. Abdul Rashid Dostum, an Afghan warlord and a key U.S. ally in ousting the Taliban regime.

When the trucks arrived at a prison in the town of Sheberghan, near Dostum’s headquarters, they were filled with corpses. Most of the prisoners had suffocated, and others had been killed by bullets that Dostum’s militiamen had fired into the metal containers.

Dostum’s men hauled the bodies into the nearby desert and buried them in mass graves, according to Afghan human rights officials. By some estimates, 2,000 men were buried there.

Earlier this year, bulldozers returned to the scene, reportedly exhumed the bones of many of the dead men and removed evidence of the atrocity to sites unknown. In the area where the mass graves once were, there now are gaping pits in the sands of the Dasht-e-Leili desert.

/snip/

Now, Mutaqi said, “You can see only a hole. In the area around it you can find a few bones or some clothes. The site is gone . . . as for evidence, there is nothing.”

The US has done absolutely nothing to see that Dostum faces prosecution for his crimes. In fact, with the recent disclosure of “bags o’ cash” going directly from the CIA to Hamid Karzai, the word is that as Afghanistan’s Chief of Staff of the Army, Dostum is recieving up to $100,000 per month under the program.

Today, we learn that Dostum is running roughshod again. The scene of the crime is once again Sherberghan. It appears that Dostum’s militia has engaged in gunfire with the provincial governor’s security detail. Adding to the confusion surrounding this event is that the provincial governor is a member of the same political party Dostum founded. Further, it appears that Dostum’s militia is also accused of firing on the National Security Directorate.

Radio Free Europe has this description of today’s events: Read more →

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Dear Eric Holder: You’re Doing Recusal Wrong

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Let me start this post by saying I think it is absolutely appropriate for Eric Holder to have recused himself from the UndieBomb 2.0 investigation, in part because — as someone read into the UndieBomb 2.0 operation, he was interviewed by the FBI (though so was James Cole, who is now in charge of the investigation), and he turned over his own phone contacts to the FBI — but also because top Administration officials like John Brennan at least should be under close scrutiny in this investigation.

Nor do I think, in his recusal, Eric Holder did anything in bad faith. I have zero reason to believe Holder is tampering with this investigation, in any way shape or form.

But Jeebus, Holder is doing this entire recusal thing wrong.

That’s true, first of all, because with a rabid Congress (at the time he recused from the investigation and now) accusing him of wrongly delegating this investigation to Ronald Machen in an investigation that could net incredibly powerful people as suspects, Holder did not write his recusal — or a delegation of authority of Attorney General powers — to James Cole, who is overseeing the investigation.

Now, Holder claims not to remember whether he memorialized his recusal in past cases, including the John Edwards investigation — the most high profile case in which he has recused. And though George Holding, who conducted that investigation and now represents the Raleigh, NC, area in Congress, was in the room, I’m not sure they clarified whether he had written anything down there, either. Holder was, however, very clear about what authorities he delegated to Patrick Fitzgerald when he investigated the John Adams Society, which led to the prosecution of John Kiriakou, having sent 3 letters (1, 2, 3) memorializing the limits of Fitz’ authority.

I think part of the problem is that Holder didn’t really appoint special counsels to investigate this matter, even while he made a big deal of appointing the people who — US Attorney for DC Ronald Machen’s appointment rather then US Attorney for Eastern District of VA Neil MacBride aside — would have been investigating it anyway. Dumb. Congress was screaming for some kind of formality, and Holder didn’t establish that formality.

And then there’s the journalist-subpoenaing precedent of the Plame investigation where Fitz several times got letters clarifying his authority. The first of those reads,

By the authority vested in the Attorney General by law, including 28 U. S .C. §§ 509, 510, and 515, and in my capacity as Acting Attorney General pursuant to 28 U.S.C. § 508, I hereby delegate to you all the authority of the Attorney General with respect to the Department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as Special Counsel independent of the supervision or control of any officer of the Department.

This came in handy later in the investigation when Libby’s lawyers challenged Fitz’ authority.

Then, Holder’s recusal hasn’t been very strict. Most troublingly, Eric Holder reviewed the letter James Cole sent to the AP (though Holder saw a draft which, according to his press conference, included things like details on the specific scope of the subpoena that don’t appear in the final letter). NPR’s Carrie Johnson asked him about this.

Johnson: Is that normal practice when you’re recused from a case?

Holder: No, I just wanted to see the le–I saw I mean I saw saw the draft letter this morning. And I just wanted to have an opportunity to see what it looked like so I’d have at least some sense of the case in case there were things in the letter that I could talk about with the press.

Reviewing this letter — particularly before changes got made to it!! (changes which appear to have deprived the AP of full notice of the call record grab) — simply isn’t appropriate for someone recused from the case!

Again, I’m not suggesting malice here.

But the AP has already — rightly, in my opinion — challenged whether DOJ complied with its own guidelines on media subpoenas. In particular, AP complained that they had not been given notice and an opportunity to cooperate. That’s one of the guidelines that requires AG involvement.

Negotiations with the affected member of the news media shall be pursued in all cases in which a subpoena for the telephone toll records of any member of the news media is contemplated where the responsible Assistant Attorney General determines that such negotiations would not pose a substantial threat to the integrity of the investigation in connection with which the records are sought. Such determination shall be reviewed by the Attorney General when considering a subpoena authorized under paragraph (e) of this section.

Yet the guy who signed this subpoena and with it signed off on the claim that alerting AP to the subpoena would do grave damage to the investigation  — James Cole — apparently has no piece of paper giving him authority to sign it.

If DOJ ultimately decides to charge the AP’s sources, if that person has the kind of legal representation DC bigwigs often have, I fully expect them to challenge every bit of their prosecution. After all, by subpoenaing the AP, Cole claimed that DOJ could not get the information from any other source. So if AP’s sources are indicted, they can rest assured that their prosecution went through this bottleneck of an Acting AG who had no paperwork to prove he had the authority to sign off on the claims he was making to get information he was certifying was absolutely necessary to find them. And from this subpoena forward, everything else will be fruit of a tainted AG, at least if you’ve got fancy lawyers.

Dumb.

One last thing. Also in today’s hearing, Holder admitted that it probably would have been a good idea to write down this recusal thing in public. Which, if they do ever charge AP’s sources and if said sources have the resources to make this obvious challenge, they’ll cite in court to document that even the guy who delegated this authority thinks it would be smarter if he did so in writing.

Seriously, this entire recusal process has been an own goal. As I said, I don’t think DOJ is pulling anything fishy. But the entire point of recusing is to ensure there’s proof nothing fishy happened. And in this case, DOJ has anything but.

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Gone Fishin’ Hikin’, Ham, and Bourbon-in’

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[youtube]hOxz-jyDwr0[/youtube]

It’s that time of year: when Mr. EW and I celebrate St. Pattys, his birthday, our anniversary, and my birthday (and, this year, our friend Catie’s birthday, too).

We’ll be doing it, for the next 5 days or so, in KY’s Red River Gorge — sandstone like you’d expect to find in the Southwest, but with rhododendrons growing everywhere instead of saguaros.

Then we’ll be heading on a Bourbon and ham pilgrimage. We’re not Bourbon drinkers, so include your advice in comments!

Thing is, while Red River Gorge is beautiful, it also is one of the places in the US that still has godawful Intertoobz and wireless connectivity. Blame Mitch McConnell for screwing his constituents, I guess.

So I’ll probably be mostly absent from these parts until Wednesday and only somewhat present until whenever we decide to return home to Beer Mecca from Bourbon Mecca.

Sadlly, bmaz (and Jim and Rayne) will have to make do with whatever leftovers are in the likker cabinet until I can stock it with Bourbon again. I’m sure he’ll make do!

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