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What Happened to Bradley Manning in January

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I wanted to put a few details about what happened to Bradley Manning in January together.

The other day Manning’s lawyer, David Coombs, revealed he had been about to file a habeas petition when DOD suddenly decided to move Manning to Fort Leavenworth (where he arrived last night). At issue was a meeting that occurred on January 13:

The defense recently received reliable reports of a private meeting held on 13 January 2011, involving high-level Quantico officials where it was ordered that PFC Manning would remain in maximum custody and under prevention of injury watch indefinitely.  The order to keep PFC Manning under these unduly harsh conditions was issued by a senior Quantico official who stated he would not risk anything happening “on his watch.”  When challenged by a Brig psychiatrist present at the meeting that there was no mental health justification for the decision, the senior Quantico official issuing the order responded, “We will do whatever we want to do.”

That meeting happened just five days before the guards harassed Manning and Brig Commander James Averhart decided to play god with him, according to the chronology laid out in Manning’s Article 138 complaint. Here’s how Manning described the guards’ petty bullying.

On that date, I was pulled out of my cell for my one hour of recreation call. When the guards came to my cell, I noticed a change in their usual demeanor. Instead of being calm and respectful, they seemed agitated and confrontational. Also, instead of the usual two to three guards, there were four guards. Almost immediately, the guards started harassing me. The first guard told me to “turn left.” When I complied, the second guard yelled “don‟t turn left.” When I attempted to comply with the demands of the second guard, I was told by the first, “I said turn left.” I responded “yes, Corporal” to the first guard. At this point, the third guard chimed in by telling me that “in the Marines we reply with „aye‟ and not „yes.‟” He then asked me if I understood. I made the mistake of replying “yes, Sergeant.” At this point the forth guard yelled, “you mean „aye,‟ Sergeant.”

After Manning returned to his cell from recreation, Averhart came to his cell, declared he was, for all practical purposes, Manning’s God. Then, he ordered Manning be stripped and put on suicide watch.

About 30 minutes later, the PCF Commander, CWO4 James Averhart, came to my cell. He asked me what had happened during my recreation call. As I tried to explain to him what had occurred, CWO4 Averhart stopped me and said “I am the commander” and that “no one could tell him what to do.” He also said that he was, for all practical purposes, “God.” I responded by saying “you still have to follow Brig procedures.” I also said “everyone has a boss that they have to answer to.” As soon as I said this, CWO4 Averhart ordered that I be placed in Suicide Risk Status.

Admittedly, once I heard that I would be placed under Suicide Risk, I became upset. Out of frustration, I placed my hands to my head and clenched my hair with my fingers. I did yell “why are you doing this to me?” I also yelled “why am I being punished?” and “I have done nothing wrong.” I then asked CWO4 Averhart “what have I done to deserve this type of treatment?”

CWO4 Averhart did not answer any of my questions. He instructed the guards to enter my cell and take all my clothing. At first I tried to reason with CWO4 Averhart by telling him that I had been a model detainee and by asking him to just tell me what he wanted me to do and that I would do it. However, I gave up trying to reason with him once the guards entered my cell and ordered me to strip. Instead, I lowered my head and starting taking off my clothes.

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Did the Pentagon Misinform Obama When It Said Bradley Manning’s Treatment Met Our Standards?

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Back on March 11, in response to Jake Tapper’s question whether he agreed with PJ Crowley’s judgment that Bradley Manning’s treatment was “ridiculous and counterproductive and stupid,” President Obama said the Pentagon had assured him that the treatment met DOD standards.

Tapper: The State Department Spokesman PJ Crowley said the treatment of Bradley Manning by the Pentagon is “ridiculous and counterproductive and stupid,” and I’m wondering if you agree with that. Thank you sir.

Obama: With respect to Private Manning, I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are. I can’t go into details about some of their concerns, but some of this has to do with Private Manning’s safety as well.

Tapper: Do you disagree with PJ Crowley?

Obama: I think I gave you an answer to the substantive issue.

But yesterday’s press conference appears to present problems for this story.

First of all, according to DOD General Counsel Jeh Johnson, the Pentagon review of whether Quantico was the appropriate facility for Manning began just a few weeks ago–so presumably, it started sometime after Obama was asked about Manning’s treatment over five weeks ago.

MR. JOHNSON: Well, again, it was a combination of reasons. We began to take a look at this a couple of weeks ago. You know, is there an alternative facility that might be better for him given the length of time he’s been in pre-trial confinement, given the length of time — in the future it looks — it looks as if he’ll be in pre-trial confinement. And we have this 706 interview of him coming up. And we decided, well, why don’t we let that happen first and then he should be transferred, so that — so that the group that interviews him, who as I understand are in the Washington area, don’t need to go out to Kansas. So we’ll do that, and then we’ll move him after that.

Q: You said — I think you said that that — I think a couple of weeks ago that (inaudible) —

MR. JOHNSON: Yes.

Q: — what triggered that?

MR. JOHNSON: Well, you know, this issue has been obviously in the media.

Under normal circumstances, I’d like to believe that we — if there were issues about whether another facility is more suitable for one of our pre-trial confinees, we would — we would take a look at that in a comprehensive joint fashion. Because this has been in the newspapers, people at our level have been involved in taking a look at that as well. And so that’s the process that began several weeks ago.

Q: So it is fair to say that media criticism about his treatment did play some role in his transfer here.

MR. JOHNSON: I wouldn’t characterize it that way. I think it is fair to say that because this case has been in the media, people at Dr. Westphal’s level and my level have been involved in this process, and that’s fair to say.

And while Johnson claims that Manning’s Quantico treatment was legal, both he and Under Secretary of the Army Joseph Westphal admit that Quantico is not appropriate for long-term pre-trial detention.

Johnson: We remain satisfied that Private Manning’s pre-trial confinement at Quantico was in compliance with legal and regulatory standards in all respects, and we salute the military personnel there for the job they did in difficult circumstances.

[snip]

MR. WESTPHAL: Let me just add to that.

I think the issue there is, we began discussing the fact that Private Manning had been at this facility now at Quantico for — at this time, over eight months, and that this is a facility really designed for — and the average stay for pre-trial is maybe two months. I don’t have all the details, but it’s a short stay. It’s not designed for these long-term situations.

Indeed, Johnson even admits it is “rare if not unprecedented” that someone would be held there for nine or ten months.

Q: What was no longer suitable at Quantico?

MR. JOHNSON: As Dr. Westphal said, Quantico is a place where pre-trial confinees reside for one month, two months, three months. It is rare if not unprecedented that somebody is there for as long as nine or 10 months.

When Obama was asked whether Manning’s treatment was appropriate, Manning had been in Quantico for almost eight months, several times longer–according to Johnson and Westphal–than appropriate for someone to be held in pre-trial detention at Quantico.

So how is it that the President of the United States stated he had been assured by DOD that Manning’s treatment was appropriate? Did the Pentagon misinform Obama? Or did the Pentagon not even review Manning’s treatment until after Obama got asked such questions and answered as if such a review had already taken place?

MSNBC’s New Sources on Bradley Manning’s Treatment: Pentagon Officials

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Back in January, long-time Pentagon reporter Jim Miklaszewski caused a stir when he published a story with two big scoops. First, that investigators had been unable to tie Bradley Manning to Julian Assange. More importantly, Miklaszewski cited “military officials” saying that Brig Commander James Averhart had improperly put Manning on suicide watch on January 18.

On Monday, U.S. military officials also strongly denied allegations that Manning, being held in connection with the WikiLeaks’ release of classified documents, has been “tortured” and held in “solitary confinement” without due process.The officials told NBC News, however, that a U.S. Marine commander did violate procedure when he placed Manning on “suicide watch” last week.

Military officials said Brig Commander James Averhart did not have the authority to place Manning on suicide watch for two days last week, and that only medical personnel are allowed to make that call.

The official said that after Manning had allegedly failed to follow orders from his Marine guards. Averhart declared Manning a “suicide risk.” Manning was then placed on suicide watch, which meant he was confined to his cell, stripped of most of his clothing and deprived of his reading glasses — anything that Manning could use to harm himself. At the urging of U.S. Army lawyers, Averhart lifted the suicide watch. [my emphasis]

That’s interesting because his version of similar allegations yesterday includes new sources: Pentagon officials (though the claim that Manning was not tortured remains sourced exclusively to “military officials”).

Military and Pentagon officials insist the action was punishment for what the Marines considered disrespect from Manning. Such tactics for disciplinary reasons are against military regulations.

[snip]

This will make visits with his civilian attorney, family and some friends more difficult, but it’s the nearest such facility for pre-trial confinement the Army has. Manning will have to return to Fort Belvoir in Virginia for any court appearances.  Putting him back into Quantico is “out of the question,” according to Pentagon and military officials, so the Army may make arrangements with a civilian detention facility to hold him temporarily as needed.

U.S. military officials, who spoke to NBC News on condition of anonymity, deny Manning was tortured, but one said “the Marines blew it” in terms of how they treated him. [my emphasis]

In other words, unless Miklaszewski is playing fast and loose with sourcing conventions, sometime in the last three months, some civilian(s) at the Pentagon reviewed what happened back in January and came to the same conclusions that the anonymous military officials had: Manning’s forced nudity and suicide watch were punitive, not preventative.

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PJ Crowley: “Will My Words Be Credible?”

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There’s something deeply ironic about the beltway’s most tawdry purveyor of the Village narrative, Politico (“Win the morning™”), treating former State Department Spokesperson PJ Crowley’s investment in a strategic narrative dismissively. Ben Smith seems like he has never heard of something called “a narrative” or, on a larger scale, “ideology” before.

Secretary of State Hillary Clinton brought Crowley, 59, to the State Department in part because he was viewed as someone who was virtually certain to make none of those mistakes. Crowley had always seemed the soul of discretion, a spokesman so wedded to the daily guidance during the Clinton White House years that reporters joked that he might go on background if asked what the next day’s weather forecast looked like.

But unbeknown to his new colleagues at State – and many of his old friends across Washington – Crowley arrived at State after an evolution of sorts. The career Air Force officer, who had entered a military establishment still scarred by the Vietnam War and still deeply hostile to the press, spent his years in civilian life at the Center for American Progress, thinking about strategy. There, some colleagues were surprised to find that his politics seemed to have been shaped more, as one put it, by his native Massachusetts than the Air Force. He settled on the idea of “strategic narrative,” a concept that has made its way into national security jargon from business theory, and one he included in a report he wrote for CAP.

Which is, I think, why Smith misses the key reason why Crowley went off the handle–and why his ouster was inevitable.

Note the emphasis Crowley puts on matching words to deeds to values in his interview.

At the State Department podium, Crowley seemed to find his voice and to also realize that his voice could shape policy. “In the digital global age that we’re in, our actions and our words have greater impact. I knew that at the podium – that I would say something and within a few hours, the message would be received somewhere else – and a response,” he said. “That has impact, because on a regular basis, at the podium, I would challenge the impact of other countries on the treatment of their own citizens, their treatment of prisoners, on their treatment of the media.”

[snip]

“There were times when I thought it was important to push for the United States to take a public stand,” he said of his time at the podium. “I thought it was important to make sure that what we were saying and what we were doing would be consistent with, not only our interest but our values.”

[snip]

“I view myself as a strategic thinker and always tried to put what I was saying at the podium in a broader context and trying to always assess, will my words be credible?” he said.

Crowley talks about his public statements criticizing other countries for the treatment of citizens, prisoners, and media. He reflects on the importance of “what we were saying” and “what we were doing” matching our values. And he describes reflecting–always assessing–“will my words be credible?”

As it happens, Smith looks at a series of statements Crowley made that were undiplomatic about individual people–mocking the nonsense Qaddafi was spewing, suggesting Egypt had to do more than “shuffle the deck.” Smith also recalls Crowley’s analogy between the Japanese tsunami and the wave of unrest across the Middle East.

But he doesn’t look at what I consider, still, one of Crowley’s most telling statements (as it happens, like his comments on Bradley Manning’s ridiculous and counterproductive and stupid treatment, this also took place in a talk at a university), one which addresses all of the issues Crowley raised in his interview with Smith.

No one is a greater advocate for a vibrant independent and responsible press, committed to the promotion of freedom of expression and development of a true global civil society, than the United States. Every day, we express concern about the plight of journalists (or bloggers) around the world who are intimidated, jailed or even killed by governments that are afraid of their people, and afraid of the empowerment that comes with the free flow of information within a civil society.

Most recently, we did so in the context of Tunisia, which has hacked social media accounts while claiming to protect their citizens from the incitement of violence. But in doing so, we feel the government is unduly restricting the ability of its people to peacefully assemble and express their views in order to influence government policies. These are universal principles that we continue to support.  And we practice what we preach. Just look at our own country and cable television. We don’t silence dissidents. We make them television news analysts.

Some in the human rights community in this country, and around the world, are questioning our commitment to freedom of expression, freedom of the press and Internet freedom in the aftermath of WikiLeaks. I am constrained in what I can say, both because individual cables remain classified, and the leak is under investigation by the Department of Justice. But let me briefly put this in context and then I will open things up for questions.  WikiLeaks is about the unauthorized disclosure of classified information. It is not an exercise in Internet freedom. It is about the legitimate investigation of a crime. It is about the need to continue to protect sensitive information while enabling the free flow of public information. [my emphasis]

This is, at a key level, strategic narrative (or, what we used to call ideology back when it helped us win the Cold War) at work. The United States believes, Crowley said, in a vibrant independent press. The United States is committed to the promotion of freedom of expression. The United States considers social networking to be akin to freedom of assembly–and it defends such assembly. The United States doesn’t silence dissidents.

Of course, those statements are all well and good–and they may well help win us support among aspiring dissidents (or maybe not).

But they were not credible. Given that the US had, presumably, already done its own hacking of citizen speech when it took down Wikileaks in this country, given the government’s presumed actions to cut off WikiLeaks’ infrastructure in this country, and given the way DOD subjected Bradley Manning–an alleged leaker, yes, but also, clearly, a dissident–to forced nudity, the things Crowley was saying in support of the Arab spring uprising were not credible.

Now, frankly, I’m not sure whether Crowley believes what he said–that the US is the world’s greatest advocate for freedom of expression. Or whether he believes the image that the United States used to have as the bastion of human rights serves an important strategic purpose in our diplomacy abroad.

Whichever it is, though, it’s pretty clear our government–Republicans and Democrats–no longer remain committed to using the myth of America as a key tool of our diplomacy anymore (some nice speeches in and about Cairo notwithstanding). And for a guy who spent his lifetime serving that ideal, it was only a matter of time before the conflict between the ideal and the reality led to his departure.

Former Army Intelligence Analyst: “Army security is like a Band-Aid on a sunken chest wound”

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Evan Knappenberger, a member of Iraq Veterans Against the War who served in roughly the same position Bradley Manning did (but several years earlier), was interviewed by his college newspaper about my latest obsession, DOD’s network security. (h/t Asher_Wolf)

What kind of access did you have here and in Iraq?

Army security is like a Band-Aid on a sunken [sic] chest wound. I remember when I was training, before I had my clearance even, they were talking about diplomatic cables. It was a big scandal at Fort Huachuca (Arizona), with all these kids from analyst school. Somebody said (in the cables) Sadaam wanted to negotiate and was willing to agree to peace terms before we invaded, and Bush said no. And this wasn’t very widely known. Somehow it came across on a cable at Fort Huachuca, and everybody at the fort knew about it.

It’s interesting the access we had. I did the briefing for a two-star general every morning for a year. So I had secret and top-secret information readily available. The funny thing is, Western’s password system they have here on all these computers is better security than the Army had on their secret computers.

There are 2 million people, many of them not U.S. citizens, with access to SIPRNet (Secret Internet Protocol Router Network, the Department of Defense’s largest network for the exchange of classified information and messages). There are 1,400 government agencies with SIPR websites. It’s not that secret.

[snip]

We basically gave (the Iraqi army) SIPRNet. It’s not official, but if you’ve got a secret Internet computer sitting there with a wire running across from the American side of the base, with no guard, you’re basically giving them access.

Then in every Iraqi division command post, you have a SIPRNet computer, with all the stuff Bradley Manning leaked and massive amounts more.

I could look up FBI files on the SIPRNet. In fact, I was reading Hunter Thompson’s “Hell’s Angels” book, and I was like “this sounds cool,” and I looked up all the Hell’s Angels.

Now, as I said, Knappenberger was in Iraq several years before Manning, before malware was introduced into DOD networks via a thumb drive and the limited response DOD made to that. So this can’t necessarily be taken as a description of what the network was like when Manning allegedly downloaded three databases on a Lady Gaga CD, nor as a description of what it is now (though as Congressional testimony has made clear, DOD isn’t in a big rush to fix its gaping security problems).

But Knappenberger’s account backs up two points I’ve been making: first, the level of security tolerated in DOD is far worse than what you’d find on networks in the States that carry much less sensitive information (he refers to the network at Western Washington University).

Further, one of DOD’s challenges is that we need to share information with our “coalition partners” (in his account, the Iraqi army). No matter how trustworthy they seem, these coalition partners are going to have different motivations than American soldiers (think, for example, how close members of Nuri al-Maliki’s government are to Iran). They may be far more susceptible to approaches from other countries’ intelligence services than your average Army Specialist. And if there are data breaches to foreign government, we (both citizens and our government) may not be learning about them.

And there’s some indication our network security is weakest precisely at those points where we are sharing data. One of the reasons 12% of SIPRNet computers will remain accessible to removable media, after all, is to facilitate sharing of data with coalition partners. While DOD is finally implementing a buddy system to add a level of security at those sensitive computers, that still leaves them exposed to human sloppiness.

With security like this, the data Manning is alleged to have taken simply can’t be called secret. Limited access, maybe. But it’s not even clear we’re limiting access from the people who most seriously shouldn’t have it.

WikiLeaks Reveals that China Already Knows What WikiLeaks Reveals

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I’ve been bitching and bitching and bitching and bitching about DOD’s refusal to fix the gaping holes in its network security even while it cries that Bradley Manning allegedly downloaded a bunch of cables using those gaping holes. As I point out, if all it took Manning to get all these databases was one Lady Gaga CD, then presumably our enemies can and do get what they want pretty easily, too.

As citizens, we just don’t ever find out about those other data breaches.

Well, apparently someone leaked a set of previously unreported WikiLeaks cables to Reuters, which used them as one of many sources to report on how much data China is just hacking from our government networks, including the sieve-like DOD ones.

Secret U.S. State Department cables, obtained by WikiLeaks and made available to Reuters by a third party, trace systems breaches — colorfully code-named “Byzantine Hades” by U.S. investigators — to the Chinese military. An April 2009 cable even pinpoints the attacks to a specific unit of China’s People’s Liberation Army.

Privately, U.S. officials have long suspected that the Chinese government and in particular the military was behind the cyber-attacks. What was never disclosed publicly, until now, was evidence.

U.S. efforts to halt Byzantine Hades hacks are ongoing, according to four sources familiar with investigations. In the April 2009 cable, officials in the State Department’s Cyber Threat Analysis Division noted that several Chinese-registered Web sites were “involved in Byzantine Hades intrusion activity in 2006.”

[snip]

What is known is the extent to which Chinese hackers use “spear-phishing” as their preferred tactic to get inside otherwise forbidden networks. Compromised email accounts are the easiest way to launch spear-phish because the hackers can send the messages to entire contact lists.

The tactic is so prevalent, and so successful, that “we have given up on the idea we can keep our networks pristine,” says Stewart Baker, a former senior cyber-security official at the U.S. Department of Homeland Security and National Security Agency. It’s safer, government and private experts say, to assume the worst — that any network is vulnerable. [my emphasis]

Oh, okay.

Our government has apparently conceded it can’t keep its networks secret from China.

I’m not surprised, mind you. While I assume the problems at DOD are a worst case scenario (because of its size and logistical issues stemming from all the wars we’re running), the size of the gaping holes at DOD (and the lackadaisical attitude DOD has about closing them) shows how low a priority network security is in our government generally.

Plus, Chinese hackers are that good.

But the confirmation that China can basically just take what it wants at will really raises new questions about our government’s treatment of Bradley Manning specifically and its hyper-secrecy more generally.

If we’re not keeping all these secrets from China, our biggest rival, who are we keeping them from? If our adversaries can just go and get whatever they want off our networks, then why has the government treated Bradley Manning’s allegedly doing the same a capital offense? And if our government has just conceded that China can take what it wants, then why won’t it let its own citizens know what China presumably already knows?

PJ Crowley’s Acting Replacement Can’t Differentiate Us from China on Human Rights and Transparency

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Josh Gerstein provides the entirety of an exchange between former State Department spokesperson PJ Crowley’s acting replacement, Mark Toner, AP reporter Matthew Lee, and Reuters reporter Arshad Mohammed. At issue is how State can still claim to be transparent when it won’t explain why it refuses to allow the UN Special Rapporteur on Torture to have an unmonitored visit with Bradley Manning. It’s not quite Baghdad Bob … quite. But it would be pure comedy gold if it weren’t about our hypocrisy on human rights.

At first, Toner responds to criticism on Manning’s treatment by blaming DOD (as if State can’t be held responsible, in the international community, for anything DOD does).

LEE: Can you explain why, if the United States is proud of its human rights record, that the UN special rapporteur has complained that you’re not allowing him independent access to Bradley Manning?

TONER: We’ve been in contact with the UN special rapporteur. We’ve had conversations with you in terms of access to –

LEE: With me?

TONER: I’m sorry. We’ve had conversations with the special rapporteur. We’ve discussed Bradley Manning’s case with him. But in terms of visits to PFC Manning, that’s something for the Department of Defense.

LEE: And the ICRC with the same problem? You are – the State Department is the direct contact with the ICRC. At least it was for the Guantanamo inmates. Have you had any contact with them?

TONER: I’m not aware. I don’t know. I’d have to look into that. But in terms of the UN special rapporteur, we’ve had conversations with him. We have ongoing conversations with him. But in terms of access to Manning, that’s something for the Department of Defense.

Then the discussion moves into Toner’s difficulties with the meaning of the word “scrutiny.”

MOHAMMED: If you welcome scrutiny, where’s the harm?

TONER: I said we’re having conversations with him. We’re trying to work with him to meet his needs. But I don’t understand the question.

MOHAMMED: Well, you said you welcome scrutiny from outsiders of the United States human rights record –

TONER: Right. We do.

QUESTION: — that you feel that it speaks to the strength of the U.S. system. So why does it take very lengthy conversations to agree to let a UN special rapporteur have access to an inmate?

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US Willing to Bomb Libya to Maintain UN Credibility, But Not Allow an “Official” Visit to Bradley Manning

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By my count, the OLC memo retroactively authorizing the bombing of Libya mentions the importance of UN or UN Security Council credibility nine times, including these two extended discussions.

In prior opinions, this Office has identified a variety of national interests that, alone or in combination, may justify use of military force by the President. In 2004, for example, we found adequate legal authority for the deployment of U.S. forces to Haiti based on national interests in protecting the lives and property of Americans in the country, preserving “regional stability,” and maintaining the credibility of United Nations Security Council mandates. Memorandum for Alberto R. Gonzales, Counsel to the President, from Jack L. Goldsmith III, Assistant Attorney General, Office of Legal Counsel, Re: Deployment of United States Armed Forces to Haiti at 3-4 (Mar. 17, 2004) (“2004 Haiti Opinion”), available at http://www.justice.gov/olc/ opinions.htm. In 1995, we similarly concluded that the President’s authority to deploy approximately 20,000 ground troops to Bosnia, for purposes of enforcing a peace agreement ending the civil war there, rested on national interests in completing a “pattern of inter-allied cooperation and assistance” established by prior U.S. participation in NATO air and naval support for peacekeeping efforts, “preserving peace in the region and forestalling the threat of a wider conflict,” and maintaining the credibility of the UNSC. Proposed Bosnia Deployment, 19 Op. O.L.C. at 332-33. And in 1992, we explained the President’s authority to deploy troops in Somalia in terms of national interests in providing security for American civilians and military personnel involved in UNSC-supported humanitarian relief efforts and (once again) enforcing UNSC mandates. Military Forces in Somalia, 16 Op. O.L.C. at 10-12.2

[snip]

The second important national interest implicated here, which reinforces the first, is the longstanding U.S. commitment to maintaining the credibility of the United Nations Security Council and the effectiveness of its actions to promote international peace and security. Since at least the Korean War, the United States government has recognized that “‘[t]he continued existence of the United Nations as an effective international organization is a paramount United States interest.’” Military Forces in Somalia, 16 Op. O.L.C. at 11 (quoting Authority of the President to Repel the Attack in Korea, 23 Dep’t St. Bull. 173, 177 (1950)). Accordingly, although of course the President is not required to direct the use of military force simply because the UNSC has authorized it, this Office has recognized that “‘maintaining the credibility of United Nations Security Council decisions, protecting the security of United Nations and related relief efforts, and ensuring the effectiveness of United Nations peacekeeping operations can be considered a vital national interest’” on which the President may rely in determining that U.S. interests justify the use of military force. Proposed Bosnia Deployment, 19 Op. O.L.C. at 333 (quoting Military Forces in Somalia, 16 Op. O.L.C. at 11). Here, the UNSC’s credibility and effectiveness as an instrument of global peace and stability were at stake in Libya once the UNSC took action to impose a no-fly zone and ensure the safety of civilians—particularly after Qadhafi’s forces ignored the UNSC’s call for a cease fire and for the cessation of attacks on civilians. As President Obama noted, without military action to stop Qadhafi’s repression, “[t]he writ of the United Nations Security Council would have been shown to be little more than empty words, crippling that institution’s future credibility to uphold global peace and security.” Obama March 28, 2011 Address; see also Obama March 21, 2011 Report to Congress (“Qadhafi’s defiance of the Arab League, as well as the broader international community . . . represents a lawless challenge to the authority of the Security Council and its efforts to preserve stability in the region.”). We think the President could legitimately find that military action by the United States to assist the international coalition in giving effect to UNSC Resolution 1973 was needed to secure “a substantial national foreign policy objective.” Military Forces in Somalia, 16 Op. O.L.C. at 12. [my emphasis]

Never mind that the Administration felt no need to bomb Cote d’Ivoire to maintain the credibility of the resolutions regarding that country, the Obama Administration just bombed another country in the name of “credibility” of the UN. While the Administration’s stated concerns about credibility focus on the UNSC, it extends (according to this memo) to the UN’s effectiveness generally, the UN’s security, and its relief efforts.

That’s interesting, because the UNHCR explains that in order for its Special Rapporteur on Torture to retain credibility, he must have unmonitored access to detainees. (See the Guardian for more on this.)

“Since December 2010, I have been engaging the US Government on visiting Mr. Manning, at the invitation of his Counsel, to determine his current condition,” the human rights expert said. “Unfortunately, the US Government has not been receptive to a confidential meeting with Mr. Manning.”

The UN Special Rapporteur on Torture, as part of the methods of work for his mandate, requires unimpeded access to all places of detention, where he can hold private, confidential and unsupervised interviews with detainees. The requirement of a private, confidential and unsupervised interview is a standard practice of the Rapporteur’s mandate and ensures the credibility of any interviews that an independent expert holds with detainees or persons who allege that they have been subjected to torture and ill-treatment.

“I have since last year on several occasions raised serious concern about the conditions of detention of Mr. Manning, who since his arrest in May 2010, has been confined to his cell for twenty-three hours a day at the Marine Corps Brig, Quantico, Virginia. I have also urged the authorities to ensure his physical and mental integrity,” said Mr. Méndez.

[snip]

“Even though I have not received an official answer from the Brig Commander, Mr. Manning’s counsel has learned that the request for an official visit has been denied,” Mr. Méndez said. “Presumably, the alternative is a ‘private visit’, the difference between the two is that the latter takes place in the presence of a guard, while an official visit may be unmonitored.”

On Friday, April 8, the Special Rapporteur held a conversation with high authorities in the Departments of Defense and State. Those officials confirmed that Manning could ask to see the Special Rapporteur if he so wished and in that case the US Government would have no objection to a ‘private visit,’ meaning a visit that is monitored by prison officials.

“I am deeply disappointed and frustrated by the prevarication of the US Government with regard to my attempts to visit Mr. Manning. I understand that Pfc Manning does not wish to waive his right to an unmonitored conversation with me,” the human rights expert said. “My request for a private, confidential and unsupervised interview with Manning is not onerous: for my part, a monitored conversation would not comply with the practices that my mandate applies in every country and detention center visited. In fact, such forms of interview have been used by the Special Rapporteur in, at least, 18 countries over the last 6 years.” [my emphasis]

But the Obama Administration has given Special Rapporteur Juan Mendez the same kind of run-around they gave Dennis Kucinich, and then ultimately refused to comply with the standard practice.

Apparently, our “national interest” in the credibility of the UN extends only so far as it allows us to bomb other countries, but not so far as it might expose our own treatment of detainees to independent evaluation.

Update: Title changed to get the type of visit correct.

Obama’s Would-Be “Rule of Law” Counselor Calls Bradley Manning’s Treatment Unconstitutional

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In Charlie Savage’s story from last year on the sidelining of Laurence Tribe as head of an “Access to Justice” program at DOJ, he reported that Tribe originally believed he would serve as counselor for “rule of law” issues in Obama’s Administration.

There was also concern over how his presence might play out internally, several administration officials said. Some officials feared that he might be unmanageable, intruding into all manner of policy areas and able to call on Mr. Obama as a trump card.

“He has an ego,” said Charles Fried, a former solicitor general in the Reagan administration and a fellow Harvard law professor. “He’s entitled to it. He’s earned it.”

Several friends and administration officials said Mr. Tribe had initially sought and believed he would be given a far broader title and assignment: counselor for “rule of law” issues, which would have come with a mandate to help shape matters of national security and foreign policy. That did not happen, but Mr. Tribe came to Washington anyway.

After less than a year in that position, Tribe left last December, citing medical issues.

Now, the guy Obama sidelined to make sure he didn’t impose too much rule of law on his Administration has strongly criticized Bradley Manning’s treatment, not only signing a letter condemning Manning’s treatment, but elaborating on why that treatment was unconstitutional.

[Tribe] told the Guardian he signed the letter because Manning appeared to have been treated in a way that “is not only shameful but unconstitutional” as he awaits court martial in Quantico marine base in Virginia.

The US soldier has been held in the military brig since last July, charged with multiple counts relating to the leaking of thousands of embassy cables and other secret documents to the WikiLeaks website.

Under the terms of his detention, he is kept in solitary confinement for 23 hours a day, checked every five minutes under a so-called “prevention of injury order” and stripped naked at night apart from a smock.

Tribe said the treatment was objectionable “in the way it violates his person and his liberty without due process of law and in the way it administers cruel and unusual punishment of a sort that cannot be constitutionally inflicted even upon someone convicted of terrible offences, not to mention someone merely accused of such offences”.

A pity. Back when Tribe was celebrating candidate Obama, he called him the best student he ever taught at Harvard Law and promised he would defend civil liberties and would not appoint justices who put executive power above rule of law.

Tribe said Americans’ civil liberties are hanging by a thread. “But it’s better to have a thread than to have the thread cut,” he said. “A Republican president would be in a position to cut that thread.”

[snip]

Tribe said that if Obama were to be elected, he would appoint justices “who share his view that the Constitution is a living document that has to be interpreted in light of evolving values of decency.”

“They would not be justices who fool themselves into thinking they know what the Constitution’s original meaning was, and they can apply it as if nothing has happened in the last 200 years,” Tribe said. “They would be justices who have a serious record of support for human rights and constitutional values, rather than justices who simply have shown their loyalty to executive power.”

[snip]

On a more personal note, Tribe called Obama the “best student I ever had” and the “most exciting research assistant.”

As to Justices Obama would appoint, Tribe has proven himself badly wrong about who would and would not make a good Justice.

But it appears that his belief that Obama would support the rule of law was a far greater misjudgment.

Intelligence Community Will Close Gaping Hole that Allegedly Led to WikiLeaks Disclosure … in 2013

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I did a long post yesterday describing how embarrassingly, pathetically bad DOD’s information security was and remains 3 years after a malware attack and a full year after the alleged WikiLeaks leak. Along with DOD’s gaping security problems, I noted that some entities in the intelligence community are still in the process of implementing user authentication which would have exposed someone taking entire databases off of their networks.

While the two DIA witnesses mostly blew smoke rather than provide a real sense of where security is at (both blamed WikiLeaks on a “bad apple” rather than shockingly bad information security), the testimony of DNI’s Intelligence Community Intelligence Sharing Executive Corin Stone seems to suggest other parts of the IC area also still implementing the kind of authentication most medium sized corporations employ.

To enable strong network authentication and ensure that networks and systems can authoritatively identify who is accessing classified information, the IC CIO is implementing user authentication technologies and is working with the IC elements to achieve certificate issuance to eligible IC personnel in the first quarter of fiscal year 2012.

Just in case the intelligence community can’t get around to providing this fairly common security on our intelligence community networks by their planned timeframe of the first quarter of FY 2012 (which would mean the last quarter of calendar year 2011), the Senate Intelligence Committee is requiring the IC to have a fully operational ability to audit online access by October 2013.

Section 402 requires the Director of National Intelligence, not later than October 1, 2012, to establish an initial operating capability for an effective automated insider threat detection program for the information resources in each element of the Intelligence Community in order to detect unauthorized access to, or use or transmission of, classified information. Section 402 requires that the program be at full operating capability by October 1, 2013.

Not later than December 1, 2011, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the resources required to implement the program and any other issues the Director considers appropriate to include in the report.

In other words, if closing this security gap a year and a half after the leaks are alleged to have occurred is too tough, then they can go ahead and take another year or so to close the barn door.

Though to be fair, this deadline may come directly from the lackadaisical DOD, as the deadlines given here seem to match those DOD aspires to hit.

Now, maybe it’s considered unpatriotic to note that our intelligence community–and its congressional overseers–are tolerating pretty shoddy levels of security all while insisting that they takes leaks seriously.

But seriously: if our government is going to claim that leaks are as urgent as it does, if it’s going to continue to pretend that secrets are, you know, really secret, then it really ought to at least pretend to show urgency on responding to the gaping technical issues that will not only protect against leakers, but also provide better cybersecurity and protect against spies. Aspiring to fix those issues years after the fact really doesn’t cut it.