Posts

Democrats Demand DOJ Release the Information that Has Christopher Steele Hiding for His Life

I have to say, the Democrats are beginning to convince me Russia’s involvement in the DNC hack is just one hoax.

Don’t get me wrong. I believe there is plenty of evidence — in public and stuff I’ve been told by people close to the hack — that the Russians did hack the DNC and John Podesta and share those documents with Wikileaks.

But given the bozo way the Democrats are trying to politicize it, I can only conclude the Democrats think this is less serious than I have believed and than Democrats claim. That’s because they’re now demanding that FBI give them the very same information that — we’ve been told by public reporting — led former MI6 officer Christopher Steele to hide for his life.

This morning, David Corn wrote a piece complaining about “the mysterious disappearance of the biggest scandal in Washington.”

After reviewing some of the facts in this case (and asserting without proof that Putin’s interference in the election “achieved its objectives,” which is only partly backed by declassified intelligence reports on the hack) and giving an incomplete list of the congressional committees that have announced investigations into the hack, Corn gave this inventory of what he claims to be the lack of outcry over the hack.

Yet these behind-closed-doors inquiries have generated minimum media notice, and, overall, there has not been much outcry.

Certainly, every once in a while, a Democratic legislator or one of the few Republican officials who have bothered to express any disgust at the Moscow meddling (namely Sens. John McCain, Lindsey Graham, and Marco Rubio) will pipe up. House Democratic leader Nancy Pelosi days ago called on the FBI to investigate Trump’s “financial, personal and political connections to Russia” to determine “the relationship between Putin, whom he admires, and Donald Trump.” Sen. Chris Murphy (D-Conn.), responding to Trump’s comparison of the United States to Putin’s repressive regime, said on CNN, “What is this strange relationship between Putin and Trump? And is there something that the Russians have on him that is causing him to say these really bizarre things on an almost daily basis?” A few weeks ago, Graham told me he wanted an investigation of how the FBI has handled intelligence it supposedly has gathered on ties between Trump insiders and Russia. And last month, Sen. Ron Wyden (D-Ore.) pushed FBI Director James Comey at a public hearing to release this information. Yet there has been no drumbeat of sound bites, tweets, or headlines. In recent days, the story has gone mostly dark.

The funniest detail in this is how Corn describes Chris Murphy’s response to the exchange that took up the entire weekend of news — Trump’s nonplussed response when Bill O’Reilly called Putin a killer.

O’Reilly: Do you respect Putin?

Trump: I do respect him but —

O’Reilly: Do you? Why?

Trump: Well, I respect a lot of people but that doesn’t mean I’m going to get along with him. He’s a leader of his country. I say it’s better to get along with Russia than not. And if Russia helps us in the fight against ISIS, which is a major fight, and Islamic terrorism all over the world — that’s a good thing. Will I get along with him? I have no idea.

O’Reilly: But he’s a killer though. Putin’s a killer.

Trump: There are a lot of killers. We’ve got a lot of killers. What do you think — our country’s so innocent. You think our country’s so innocent?

O’Reilly: I don’t know of any government leaders that are killers.

Trump: Well — take a look at what we’ve done too. We made a lot of mistakes. I’ve been against the war in Iraq from the beginning.

O’Reilly: But mistakes are different than —

Trump: A lot of mistakes, but a lot of people were killed. A lot of killers around, believe me.

This was a Super Bowl interview, for fuck’s sake, and both before and after the interview, political pundits on both sides of the aisle were up in arms about Trump’s affinity for Putin’s murderous ways! Google counts more than 70,000 articles on the exchange.

But to Corn, that translated into only one comment from Murphy.

From there, Corn goes onto complain that the White House press briefings — which have been a noted shitshow inhabited by people like Infowars — has only featured direct questions about the investigation twice, and that the questions about Trump’s call to Putin weren’t about the investigation (as opposed to, say, Trump’s ignorant comments about the START treaty, which could get us all killed).

The crazier thing is that, best as I can tell, Mother Jones — the media outlet that David Corn has a bit of influence over — seems to have ignored the indictment of Hal Martin yesterday, the arrest on treason charges of two FSB officers, allegedly for sharing information with the US intelligence community, or even today’s Senate Foreign Relations Committee hearing on our relations with Russia. Among other things, today’s hearing discussed the hack, Trump’s comments about Putin the killer, weaponization of information, sanctions, Trump’s lukewarm support for NATO. It also included multiple Democratic calls for a bipartisan investigation and assurances from Chairman Corker and Ranking Member Cardin that that would happen.

So effectively, David Corn should be complaining about his own outlet, which isn’t covering the things relating to the hack others of us are covering.

No matter. Corn made his sort of ridiculous call, that call got liked or RTed over 3,000 times, and as if magically in response, Jerry Nadler introduced a resolution of inquiry, calling on the Administration to (in part) release any document that relates or refers to “any criminal or counterintelligence investigation targeting President Donald J. Trump, National Security Advisor Michael Flynn, Paul Manafort, Carter Page, Roger Stone, or any employee of the Executive Office of the President.”

As I’ve already noted, two FSB officers recently got arrested on treason charges, an event many people fear came in response to details revealed about this investigation and if so would badly undermine any investigation. People equally wonder whether the curious death of former FSB General Oleg Erovinkin relates to the leaked Steele dossier that Corn himself played a central role in magnifying, which would represent another lost intelligence source. And, of course, there are the reports that the former MI6 officer that compiled the dossier, Christopher Steele, on which these allegations rest fled from his home out of fear for his life because of the way it got publicized.

Either Putin is a ruthless thug or he’s not. Either Steele had reason to flee because the dossier is true or he didn’t. Either this thuggery is serious or it’s just a political stunt.

I really do believe it is the former (though I have real questions about the provenance of the dossier, questions which Corn could but has not helped to provide clarity on). Which is why I’m absolutely mystified that Democrats are demanding every document pertaining to any counterintelligence investigation into it, the kind of exposure which —  recent history may already show — is totally counterproductive to actually pursuing that investigation.

As I’ll write shortly, I do deeply suspect the Senate Intelligence Committee investigation (especially) is designed to be counterproductive. The Hal Martin indictment yesterday seems to suggest FBI doesn’t have the evidence to figure out who Shadow Brokers is, if even it has ties to the DNC hack (as much evidence suggests it does). But I also think political stunts like this don’t help things.

But maybe that’s not the point?

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.

Meet 3 PATRIOT Act False Positives Investigated for Buying Beauty Supplies

Both Mike Rogers and Ron Wyden made claims about the efficacy of the surveillance scoops of the last few days, especially the use of Section 215 to collect the phone data — and other tangible stuff, including credit card records — of every American.

The assessment of efficacy ought to consider a number of factors: Whether this surveillance has prevented any attacks (Rogers says it has, but mentions only one in the entire 7 year span of the program). Why it didn’t prevent an attack like the Boston Marathon bombing, which was carried out by two guys whose lives and extremist interests were splashed all over social media, and one of whom was discussed in international texts  that would have been fair game for collection under PRISM.

But an efficacy assessment also needs to find a way to quantify the costs such surveillance has on false positives.

So let’s consider what may have happened to three probable false positives who had their lives thoroughly investigated in 2009 after being — wrongly, apparently — tied to Najibullah Zazi’s plot to bomb the NYC subway.

We first learned of these three people when they appeared in the detention motion the FBI used to keep him in custody in Brooklyn. As part of the proof offered that Zazi was a real threat, FBI described 3 people in Aurora, CO, who bought large amounts of beauty supplies.

Evidence that “individuals associated with Zazi purchased unusual quantities of hydrogen and acetone products in July, August, and September 2009 from three different beauty supply stores in and around Aurora;” these purchases include:

  • Person one: a one-gallon container of a product containing 20% hydrogen peroxide and an 8-oz bottle of acetone
  • Person two: an acetone product
  • Person three: 32-oz bottles of Ion Sensitive Scalp Developer three different times

Unlike just about everything else cited in the detention motion, there was no obvious means by which these individuals were identified.

During the debate on PATRIOT Act reauthorization later that fall, Dianne Feinstein used the Zazi investigation to insist that Section 215 retain its broad “relevant to” standard. Given her insistence Section 215 had been important to the investigation, and given that the identification of these beauty supply buying subjects appeared to work backwards from their purchase of beauty supplies, I guessed at the time that the FBI used Section 215 to cross reference all the people who had bought these beauty supplies in Aurora, CO — which are precursors for the TATP explosive Zazi made — with possible associations with Zazi.

Just days later, as part of the debate, Ben Cardin discussed using National Security Letters to track people who buy “cleaning products that could be used to make explosive device.” And John Kyl discussed wanting to “know about Joe Blow buying hydogen peroxide.” Acetone and hydrogen peroxide, the same precursors used to implicate these three people.

In February 2011, Robert Mueller confirmed explicitly that Section 215 had been used to collect “records relating to the purchase of hydrogen peroxide.”

That seems to suggest that the government used Section 215 or NSLs to search on all the people who bought acetone and hydrogen peroxide in Aurora (by all public reporting, Zazi kept to himself the entire time he lived in CO).

But here’s the thing: these three people never appeared again in the legal case against Zazi and his co-conspirators. The only one from CO ever implicated in the plot was Zazi’s father, who had lied to protect his son.

Poof!

They were three known associates buying dangerous explosives precursors one day, and apparently became either cleared innocents or recruited confidential informants the next day.

In other words, they appear to be false positives identified by the Section 215 dragnet celebrated by Obama and DiFi and everyone else implicated in it now as a great way to prevent terrorism (Zazi, remember, was discovered through legal FISA intercepts obtained after we got a tip from Pakistan).

Now, no one, as far as I know, has ever found these three probable false positives to ask them what they went through during the period when they were suspected of being co-conspirators in the biggest terrorist attack since 9/11. But given the likelihood that the association with Zazi went through his mosque (the other likely possibility is another driver from the airport), I imagine that their neighbors and employers got awfully suspicious when the FBI showed up and started asking questions. How badly does being actively — and, apparently, falsely — investigated for being a terrorist ruin your life if you’re an American Muslim? Do you lose job security? Do other kids’ parents refuse to let their kids play with yours? Does your homeowners association try to cause you trouble?

That’s what this debate about efficacy needs to quantify. Data mining is never completely accurate, and given the small number of terrorists and therefore the high degree of guessworks that goes into what counts as an association, you’re going to have false positives, as appears to have happened here.

Lots of apologists are saying they never do anything wrong, and therefore they don’t have to worry. But it appears that doing something as innocent as buying hair bleach can get you sucked into this dragnet.

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.

Senate Passes Defense Authorization

The final vote was 86-13. No votes were Lee, Paul, DeMint, Risch, Crapo, and Coburn (the last three not on civil liberties grounds), and Cardin, Wyden, Sanders, Durbin, Franken, Harkin, and Merkley.

I’m sure Obama will sign this in time for us all to be indefinitely detained this weekend.

Update: Senator Franken sent out a statement explaining his no vote. It ends, “Today is the anniversary of the ratification of the Bill of Rights, and this wasn’t the way to mark its birthday.”

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.

Lindsey Graham Calls Raymond Davis an “Agent”

AFP has a report (notably picked up by Pakistan’s Dawn) on the Senate’s hand-wringing over whether we should tie aid to Pakistan to the release of Raymond Davis, the “consulate employee” who shot two alleged Pakistani spies. Here’s what Lindsey Graham had to say:

But Senator Lindsey Graham, the top Republican on Leahy’s subcommittee, strongly warned against any rollback of assistance to Pakistan, citing the need for help in the war in Afghanistan and the hunt for suspected terrorists.

“Our relationship’s got to be bigger than this,” Graham said.

“This is a friction point, this is a troubling matter, it doesn’t play well in Afghanistan. We can’t throw this agent over, I don’t know all the details, but we cannot define the relationship based on one incident because it is too important at a time when we’re making progress in Afghanistan,” he said. [my emphasis]

Lindsey, Lindsey, Lindsey! Under Ben Cardin’s proposed law criminalizing leaks (and, frankly, under existing law), you could go to jail for such honesty. Good thing you have immunity as a member of Congress.

Though in the spirit of Bob Novak–who claimed to be thinking of a political professional running congressional campaigns in Dick Cheney’s state when he called Valerie Plame an “operative”–I suppose Graham could claim he just thought Davis serves some kind of service employee at the consulate, one of the “agents” that help with visas or some such nonsense.

Not that that’ll help the tensions over this incident in Pakistan at all.

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.

FISA Liveblog

Reid is on the floor talking about what votes we’ll have tomorrow:

Immunity
Substitution
Exclusivity

Argh. This means we won’t have 60 there for exclusivity.

Reid and Mitch McConnell had some back and forth on the stimulus package.

Kit Bond:

Thank colleagues for agreeing to a way forward on this bill. Hehehe, it would do no good to pass a good that is good for politics, but does not do what those who protect our country need. With these fixes we’ll have a bill the President will sign.

Shorter Kit: this is very very technical and so we’ve decided to just do away with Congressional review and, while we’re at it, privacy. What Mike McConnell wants, Mike McConnell gets.

Whitehouse:

In this debate about revising FISA and cleaning up the damage done by the President’s warrantless wiretap program, the Administration expends all its rhetorical focus on what we agree on.

On what terms will this Administration spy on Americans?

The privacy of Americans from government surveillance.

Both Chairmen–Leahy and Rockefeller–have given it their blessing.

As former AG and USA, I oversaw wiretaps, and I learned that with any electronic surveillance, information about Americans is intercepted incidentally.

In domestic law enforcement, clear ways to minimize information about Americans. Prospect of judicial review is an important part of protecting Americans. Bond and Rockefeller have already put into the bill that the authority to review the minimization if the target is an American inside the US. But as will often be the case, the target will often be outside the US. An American could just as easily be intercepted in these situations. This protection (review of minimization) should apply when the intercepted It makes no sense to strip a court based on the identity of the target. It may be that if there’s litigation that a court will decide that it is implied. The mere prospect of judicial review has a salutary effect. The opposite is true as well, when executive officials are ensured that a Court is forbidden to police enforcement, then they are more apt to ignore compliance. Both here, where the FISA bill creates an unheard of limit on Court powers, and in the immunity debate, where we intercede to choose winners and losers. Bad precedent for separation of powers. Those of you who are Federalist Society members should be concerned about this absence of separation of powers. Read more

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.

FISA Update

Apparently, Reid has brokered a Unanimous Consent agreement that everyone, from Feingold and Dodd to Jeff "Mutual Defense" Sessions, have bought off on.

cboldt’s description is, not surprisingly, the best description of what we’re looking at. What the UC sets up is the following:

  • Four uncontroversial amendments that will pass with the UC. These cover getting the FISC rulings for the past five years, emphasizing prohibitions on domestic targeting, and eliminating a 7-day deadline.
  • Two Bond amendments that will receive very little debate (20 minutes) and will pass–and I do believe they will pass–with a 50 vote margin. One of these permits wiretapping those proliferating in WMDs without a warrant. From CQ:

One by the vice-chairman of the Intelligence panel, Christopher S. Bond, R-Mo., would change definitions in the law to allow surveillance without a warrant in cases that involve the proliferation of weapons of mass destruction. Its adoption would require a simple majority vote.

  • Three Feingold amendments that shouldn’t be controversial–basically two just raising the bar on whether nor not the government is really after foreign intelligence or not, and another allowing FISC to require the government to stop wiretapping if their application sucks (though via a Bond amendment, they still get to tap for 90 days). I assume they’re accorded a 50 vote margin because the Republicans don’t find them controversial.
  • Two of the three immunity provisions–both the one striking immunity altogether, and the one substituting the government for the telecoms. I assume they’ve been subject to a 50 vote margin because the Republicans know they won’t win 50 votes. In other words, our chances of using the courts to learn what Bush did will almost certainly lose.
  • One Feingold/Whitehouse amendment on sequestration–probably a better guarantee on minimization than is in the bill. I’m guessing the Republicans have wagered this won’t get the votes to pass, since they’ve agreed to a 50 vote margin. Read more
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.

SJC Mukasey Hearing, Four

Cardin: Sorry I’m late, Junior Senator from VT was babbling on.

[That’s okay, Bernie gets all the time he wants.]

Cardin: thanks for communicating. Waterboarding cannot be justified. If we try to justify it, it’ll be hard to defend American interests. I believe clarity is needed. It’s very difficult for us on Helsinki commission to explain what we’re doing.

Cardin: Immunity, I’d urge you to the precedent of giving retroactive immunity of further abuses, whether it would have a permanent damage on role of courts in protecting civil liberties of American people. We need to preserve the rights of our courts. I’d urge you to take a look at this to see if accommodation.

Cardin: Third point, sunset, you’re urging against. The Senate has a six year sunset, House two year, I have an amendment for four year sunset, I believe next administration needs to have a position on this.

Cardin: It’s important to keep Congress engaged in this to give whoever is engaged in FISA more cover.

Cardin: Election issues and Civil Rights, not enough attention. If 2006 is any indication, there will be efforts made to suppress minority voting. We’ve seen in past elections fraudulent material to intimidate minority voting. How will you make sure such things do not go unchallenged. We have a bill that would strengthen DOJ role. I would hope you’d give fair warning that such tactics will be challenged.

MM: Monitors to make sure there is access to ballots. Also a memo indicating that their sensitivities have to be heightened, and also bringing prosecutions that might be perceived as a prosecution to affect an election. Want to make sure it’s based ONLY on the facts of the investigation, not the timing of the election.

[Are you saying it was done in the past, Mike?] Read more

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.