SSCI Leaks

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Update: Jeff is correct. This is not the SSCI report, it’s a second report, sponsored by the Pentagon.

An exhaustive review of more than 600,000 Iraqi documents that were captured after the 2003 U.S. invasion has found no evidence that Saddam Hussein’s regime had any operational links with Osama bin Laden’s al Qaida terrorist network. The Pentagon-sponsored study, scheduled for release later this week, did confirm that Saddam’s regime provided some support to other terrorist groups, particularly in the Middle East, U.S. officials told McClatchy. 

Which pretty much invalidates what I’ve said below. Thanks for straightening me out, Jeff. 

Boy, you guys sure like to talk about smutty governors, don’t you?

I’m still watching all the leaks coming out about the SSCI report–everyone with decent intelligence sources seems to have gotten a leak. I’m interested in the focus Warren Strobel gives to the story; he focuses very closely on the lack of any real ties between Al Qaeda and Iraq.

The new study of the Iraqi regime’s archives found no documents indicating a "direct operational link" between Hussein’s Iraq and al Qaida before the invasion, according to a U.S. official familiar with the report.

He and others spoke to McClatchy on condition of anonymity because the study isn’t due to be shared with Congress and released before Wednesday.

I wonder whether this is getting leaked now in another attempt to pre-empt Cheney’s attempts to game declassification.

You see, in one of the earlier reports on Iraq the SSCI did, Cheney’s office twice prevented information pertaining to Cheney’s claims about Mohammed Atta and Iraq from being declassified. While I don’t have the report in front of me (you’ll have to take my word, for now), it had to have been since 2006, because the Democrats put a big note next to the redaction saying something to the effect of, "Dick Cheney won’t let us declassify this even though it is not technically classified."

Given that, in the past, Cheney was particularly anxious to have his lies about Al Qaeda’s ties to Iraq be hidden, I wonder whether he isn’t already chumming up Kit Bond to make sure it happens again. Of course, SSCI will look even stupider if they don’t declassify this than they did when they offered the telecoms immunity, because the news that Cheney lied will have already been all over the news.

Or it would have been, if Eliot Spitzer could Read more →

Phase II: Four Years Later

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It has taken the SSCI four years, but it is about to release the long-awaited second-to-last installment of Phase II of its investigation into Iraqi intelligence claims (the last one, which examines Dougie Feith’s little intelligence shop, may be finished around the time his book comes out). This report catalogs Administration claims about Iraq’s WMD and ties to Al Qaeda and analyzes whether the intelligence supported those claims. Greg Miller writes that the report will have mixed conclusions.

The long-delayed document catalogs dozens of prewar assertions by President Bush and other administration officials that proved to be wildly inaccurate about Iraq’s alleged stockpiles of banned weapons and pursuit of nuclear arms.

But officials say the report reaches a mixed verdict on the key question of whether the White House misused intelligence to make the case for war.

The document criticizes White House officials for making assertions that failed to reflect disagreements or uncertainties in the underlying intelligence on Iraq, officials said. But the report acknowledges that many claims were consistent with intelligence assessments in circulation at the time.

Many of the conclusions will be predictable. The BW and CW claims were largely backed up by intelligence (though I’m anxious to see where Colin Powell got the catalog of amounts he cited in his UN speech–at least some of that information came from one of Judy’s informants). But with nuclear claims, the Administration simply provided the most inflammatory judgment, ignoring the caveats. And finally, the report Scooter and Shooter’s claims that Iraq and Al Qaeda were in cahoots was made up out of thin air.

Prewar assertions about Iraq’s nuclear program were more problematic because they were supported by some intelligence assessments but not others.

"They were substantiated," a congressional official said, "but didn’t convey the disagreements within the intelligence community."

In August 2002, for example, Vice President Dick Cheney said in a speech that "Saddam [Hussein] has resumed his efforts to acquire nuclear weapons." But by that time, the State Department’s intelligence bureau was challenging the assumption that Iraq’s nuclear program had been reactivated.

White House suggestions that Iraq had ties to Al Qaeda were at odds with intelligence assessments that voiced skepticism about such a relationship.

Read more →

My Version of Pelosi’s Statement on Exclusivity

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TPMM wrote up a summary of a response Speaker Pelosi gave to a question I asked at a blogger conference call today that has caused a stir. While I don’t disagree with McJoan’s take–if the Speaker had really said immunity was the issue, it would reflect a short-sighted view of FISA (though I’d say the same about other topics, such as segregation; after all, once the government can legally use information that has been improperly collected, that’s toothpaste out of a tube, too)–I’d like to give my version of the conversation, because I don’t think that’s what Pelosi said or meant.

The call was originally supposed to be focused on contempt. So after the Speaker finished telling about the Paul Wellstone Mental Health and Addiction Equity bill, someone (Mike Stark, I think) asked for reassurances that the Democrats would continue to pursue contempt after we win the White House and larger margins in both houses next year. Pelosi spoke at length about how important this contempt fight is because of the separation of powers issue–and stated that this is a better case than when GAO tried to get Cheney’s records on his Energy Task Force. Finally, in response to a follow-up, Pelosi stated that Democrats would continue to pursue the contempt issue after November.

Then, I piped in. I basically asked the idea laid out in this post.

Email providers argue that immunity will contribute to uncertainty. They speak of receiving "vague promises," they demand "clear rules" and "bright lines."

Given that complaints about uncertainty and unclear demands have led these email providers to strongly oppose retroactive immunity, it suggests the requests the email providers got were really murky–murky enough that the requests caused the email providers a good deal of trouble.

If the government was making such murky requests, don’t you think Congress ought to know what those requests were in more detail?

That is, since email providers just made a very strong statement against immunity, shouldn’t we be asking them why they’re opposed to it?

Pelosi, having just spoken at length about about separation of powers, then said that immunity wasn’t the only issue, exclusivity was important as well.

Note, I’m not sure I can dispute Paul Kiel’s description, though I don’t remember Pelosi emphasizing exclusivity in the way his post suggests at all. I certainly didn’t hear her say immunity is the issue, but then I was listening for my answer. Read more →

Viktor Bout Arrested

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Curious. The Thais just arrested the noted Russian arms dealer, Viktor Bout.

For years, Russian arms dealer Viktor Bout has made millions of dollars allegedly delivering weapons and ammunition to warlords and militants. Officials believe many of his activities may be illegal, and on Thursday, Thai police announced his arrest.

Bout, 41, has made his deliveries to Africa, Asia and the Mideast, using obsolete or surplus Soviet-era cargo planes.

[snip]

According to U.S. officials, Bout — a former Soviet air force officer who speaks multiple languages — has what is reputed to be the largest private fleet of Soviet-era cargo aircraft in the world.

Bout acquired the planes shortly after the breakup of the Soviet Union, the U.S. Department of Treasury said in 2005.

At that time, the U.S. Treasury announced it was freezing the assets of Bout and his associates who are all tied to former Liberian President Charles Taylor. Taylor is currently on trial at the United Nations War Crimes Tribunal at The Hague.

Intelligence officials said he shipped large quantities of small arms to civil wars across Africa and Asia, often taking diamonds in payment from West African fighters.

I say, "curious," because I doubt this could have happened without US approval–as the promise of an "announcement" in NY later today suggests.

A formal announcement on his arrest is expected later in the day in New York.

And it appears that actual warrant came from our DEA–in connection with Columbia’s FARC.

Bout, the target of an international arrest warrant and U.S. sanctions, was picked up at a Bangkok hotel after he entered Thailand on February 29. Police were searching for an associate.

Bout was attempting "to procure weapons for Colombia’s FARC rebels", the Thai police said in an arrest report.

Which suggests it ties in some way to the cross-border raid the Colombians staged in Ecuador, for which the US is alleged to have provided intelligence. Read more →

Droning Cell Phone Calls

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Noah Shachtman is going to convince me to give up my cell phone. Today he notes an AP story reporting that Palestinians believe Israel’s spy drones are jamming cell phone lines and then using them to take out targets.

Palestinians say they know when an Israeli drone is in the air: Cell phones stop working, TV reception falters and they can hear a distant buzzing. They also know what’s likely to come next — a devastating explosion on the ground.

Palestinians say Israel’s pilotless planes have been a major weapon in its latest offensive in Gaza, which has killed nearly 120 people since last week.

[snip]

Wary Gaza militants using binoculars are on constant lookout for drones. When one is sighted overhead, the militants report via walkie-talkie to their comrades, warning them to turn off their cell phones and remove the batteries for fear the Israeli technology will trace their whereabouts.

The AP goes on to note that the US has used such Predator drone attacks in Pakistan and Afghanistan as well–though the AP doesn’t explicitly say these drones triggered using cell phone signals.

In January, a missile fired from a Predator killed Abu Laith al-Libi, a top al-Qaida commander, in Pakistan’s lawless tribal region of north Waziristan. Coalition forces in Afghanistan are believed to have launched a number of missile strikes from drones against Taliban and al-Qaida militants hiding on the Pakistani side of the border, but the U.S. military has never confirmed them.

This report follows on one from last week, in which the Taliban demanded cell phone operators in Afghanistan turn off cell signal for 10 hours a day–or they’d take the towers out.

Taliban militants threatened Monday to blow up telecom towers across Afghanistan if mobile phone companies do not switch off their signals for 10 hours starting at dusk.

Taliban spokesman Zabiullah Mujaheed said the U.S. and other foreign troops in the country are using mobile phone signals to track down the insurgents and launch attacks against them.

Since that time, the Taliban have taken out at least two cell towers (h/t oscar).

Two mobile phone antennas were destroyed in southern Afghanistan, officials said Sunday, after Taliban militants threatened to bring down such masts, alleging they are used to locate hideouts.

Read more →

The Incredible Disappearing PFIAB

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Smintheus provides a good background on Bush’s Executive Order to gut PFIAB (h/t scribe).

On Friday afternoon the White House posted without fanfare a new Executive Order that revamps an important though little known intelligence board. There are a few minor changes, but the most radical revision appears to be that the board has now been stripped of nearly all its powers to investigate and check illegal intelligence activities. It’s difficult to see what legitimate reasons there could have been for gutting the oversight activities of the board in this way, and the WH has not explained the changes.

[snip]

The newly revised IOB is much more passive. Gone is the duty to review agency guidelines regarding illegal intelligence activities. Gone is the duty to hold accountable the intelligence watchdog offices, such as inspectors general, who are supposed to serve as a bulwark against illegal activities.

Gone is the duty ("shall…forward") to take illegal activities directly to the Attorney General.

I wanted to add just a few details of context.

First, recall that the referrals by IOB–and the absence of any response to such referrals–got Alberto Gonzales in trouble.

In 2005, Gonzales had assured Congress there were no violations of privacy associated with the PATRIOT Act. But last year it became clear that Gonzales received reports of at least six violations.

As he sought to renew the USA Patriot Act two years ago, Attorney General Alberto R. Gonzales assured lawmakers that the FBI had not abused its potent new terrorism-fighting powers. "There has not been one verified case of civil liberties abuse," Gonzales told senators on April 27, 2005.

Six days earlier, the FBI sent Gonzales a copy of a report that said its agents had obtained personal information that they were not entitled to have. It was one of at least half a dozen reports of legal or procedural violations that Gonzales received in the three months before he made his statement to the Senate intelligence committee, according to internal FBI documents released under the Freedom of Information Act.

When cornered on his lie, Gonzales invented some mumbo jumbo about how violations that get reported to the IOB aren’t really violations.

Read more →

Taliban Cells and Cables

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I’m not really sure if these dots connect at all, but let me point them out and have the tech wizards rip me to shreds.

On January 31, two telecom cables lines to Egypt went out. The countries that were most affected, by far, by the cuts were Egypt and Pakistan–with Pakistan losing over 70% of its connectivity. Cables continued to go down around the Middle East; eventually, a UN official conceded the outages may have been intentional.

Today, Noah Shachtman reports that the Taliban in Afghanistan are threatening to take out cell phone towers if the providers don’t turn them off for ten hours every night.

Taliban militants threatened Monday to blow up telecom towers across Afghanistan if mobile phone companies do not switch off their signals for 10 hours starting at dusk.

Taliban spokesman Zabiullah Mujaheed said the U.S. and other foreign troops in the country are using mobile phone signals to track down the insurgents and launch attacks against them.

The AP notes that Afghanistan’s cell network went in since our 2001 invasion, so presumably the connectivity to the country, like that in Iraq, is largely under US control. That is, as insurgents in Iraq are doing, you’d have to blow the towers to cut their connectivity.

Shachtman goes on to note that the Taliban have a point.

Without getting into specifics, let me say that Mujaheed’s concern is eminently reasonable. Former Royal Navy sailor Lew Page notes:

The mobile companies have long been thought by the Taliban to be colluding with NATO and Coalition forces operating in Afghanistan, and in fact it would be surprising if they weren’t. The Afghan government is heavily dependent on the international troops. Use of the mobile networks for intelligence is an obvious step which is well-nigh certain to have been taken, just as governments have done in every country. And it’s well known that masts can be used to locate a phone which is powered up.

What’s less clear is why the Taliban have chosen to demand a shutdown of mast signals at night. Even the most paranoid phone-security advisers would normally suggest taking the battery out of one’s phone, rather than menacing local cell operators unless they went off the air. (The idea of removing the battery is to guard against someone having modified the phone to switch itself on without the owner’s knowledge.)

Read more →

The Pointy End of a Dull Spear

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The NYT has a fascinating profile of Jose Rodriguez–the guy who ordered the destruction of the CIA torture tapes. This anecdote conveys the kind of guy we’re dealing with:

Not long after the tapes were destroyed, Mr. Goss held a management retreat for top agency officials meant in part to soothe tensions among the agency’s dueling branches. There the deputy director for intelligence — the head of analysis — complained openly about the arrogance of the clandestine branch and said undercover officers thought they could get away with anything.

That was too much for Mr. Rodriguez. He stood up in the room, according to one participant in the meeting, and shouted in coarse language that the analysis chief should “wake up and smell the coffee,” because undercover officers were at the “pointy end of the spear.”

The clandestine branch, Mr. Rodriguez was making it clear, would do what it wanted.

While the profile doesn’t offer much new in the story of the torture tapes (though it does provide a more compelling case that Goss couldn’t control Rodriguez than I’ve previously seen), I’m most interested that Rodriguez apparently prevented any accountability for those who conducted the pathetically incompetent kidnapping of Abu Omar.

It would become known inside the Central Intelligence Agency as “the Italian job,” a snide movie reference to the bungling performance of an agency team that snatched a radical Muslim cleric from the streets of Milan in 2003 and flew him to Egypt — a case that led to criminal charges in Italy against 26 Americans.

Porter J. Goss, the C.I.A. director in 2005 when embarrassing news reports about the operation broke, asked the agency’s independent inspector general to start a review of amateurish tradecraft in the case, like operatives staying in five-star hotels and using traceable credit cards and cellphones.

But Jose A. Rodriguez Jr., now the central figure in a controversy over destroyed C.I.A. interrogation tapes, fought back. A blunt-spoken Puerto Rico native and former head of the agency’s Latin America division, he had been selected by Mr. Goss months earlier to head the agency’s troubled clandestine branch. Mr. Rodriguez told his boss that no inspector general review would be necessary — his service would investigate itself.

Read more →

Or Maybe Those Cables WERE Cut

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Remember those four five six who knows how many telecom cables to the Middle East and South Asia that were cut? Ryan Singel finds a UN official suggesting at least four of them may well have been cut intentionally.

The five underseas cables that were cut or went out of service in the Middle East in recent weeks might have been sabotaged, an officer at the International Telecommunication Union told the Agence France-Presse.

"We do not want to preempt the results of ongoing investigations, but we do not rule out that a deliberate act of sabotage caused the damage to the undersea cables over two weeks ago," the UN agency’s head of development, Sami al-Murshed, told AFP.[…]

Some experts doubt the prevailing view that the cables were cut by accident, especially as the cables lie at great depths under the sea and are not passed over by ships," Murshed said on the sidelines of a conference on cyber-crime held in Gulf state of Qatar.

(I don’t know if this is his source, but it’ll suffice for a link.)

Let’s see. Since the cables were cut, Hamas agreed to close up its borders with Egypt, Pakistan’s rigged election wasn’t rigged enough to save Musharraf, and the Saudi Foreign Minister has been on a "for your ears only" tour around the world. Any of those look like probable explanations?

Shorter WSJ: George Bush Is Irrelevant and So Is McCain

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This WSJ editorial beating up on Dems for their shiny new FISA spine is full of the illogical blathering you’d expect. Take this paragraph, which claims that even with immunity from PAA and even with a FISA court order, the telecoms simply won’t do as they’re mandated to do.

Mr. Reyes claims that existing wiretap orders can stay in place for a year. But that doesn’t account for new targets, which may require new kinds of telecom cooperation and thus a new court order. Mr. Reyes can make all the assertions he wants about immunity, but they are no defense against a lawsuit. For that matter, without a statute in place, even a renewed order by the Foreign Intelligence Surveillance Court is likely to be challenged as illegitimate. A telecom CEO who cooperates without a court order is all but guaranteed to get not merely a wiretap lawsuit, but also a shareholder suit for putting the company at legal risk.

Apparently, the WSJ believes that even if the telecoms have immunity, it’s no defense against a lawsuit (someone better tell Mitch and Mike McConnell that all their immunity efforts are for naught). And even if the FISA Court issues a warrant under that statute known as "FISA," the telecoms would regard such an order as illegitimate, because there’s no statute supporting it.

And of course, the WSJ parrots the now mandatory claim that ACLU and EFF are really trial lawyers wearing low-paying disguises.

So instead they’re trying to do it through the backdoor by unleashing the trial bar to punish the telephone companies.

I’m most amused, though, by the closing paragraph, which gets to the heart of the panic over FISA.

Mr. Bush has been doing his part in this debate, but his political capital is waning. The Republican who needs to make himself heard now is John McCain. The Arizona Senator is voting the right way, but he seems curiously disengaged from a debate that plays to his national security strengths. The time to speak up is before the next 9/11 Commission. [my emphasis]

Bush’s "political capital is waning" must be GOP-speak for "don’t look now because the Democrats have stood up to Bush."  And, pathetically, the WSJ whines that John McCain isn’t cowering Democrats into unquestioning obedience, either.

It’s like flying without a net, isn’t it, WSJ? When you can’t rely on Bush’s "political capital" to cow others into compliance?

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