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10 Years of emptywheel: Jim’s Dimestore

As you saw in Marcy’s posts yesterday, emptywheel is celebrating the ten year anniversary of the move from The Next Hurrah to Firedoglake.   You will notice that the current version of the blog comes to you without ads. If you want this wonderful state of affairs to continue, contributions are a must. A new subscription option helps to make sure the hamsters keep turning the wheels on the magic blog-hosting machines and the ever more sophisticated mole-whacking machinery stays up to date.

Marcy’s outstanding work over the years has received great acclaim. A huge part of the success of the blog, though, has been its ongoing tradition of the best commenting community on the internet. Over the years, the conversations that have taken place on each seminal post have helped to decipher the meaning of cryptic government documents, bring in alternate views and point out new information as it breaks. In the end,  emptywheel isn’t just a blog, it’s a community. For all of your support and participation during these trying times, we thank you.

In keeping with the “10” theme, Marcy has a post highlighting her favorite surveillance posts over each of the last ten years. She has graciously allowed a few of us hangers-on to participate with posts of our own.  I haven’t been an official emptywheeler for all of those ten years.  I did spend a year as an evening editor at Firedoglake around the time of the migration from TNH, so I got to start my friendship with this group of writers and commenters around that time.  I’m going to list my favorite ten posts from the time I started posting here, shortly after the blog moved from Firedoglake to the independent site. Several of these posts link back to earlier work at MyFDL. Sadly, the archives of that work were imperfectly migrated to the Shadowproof successor to Firedoglake, and so searching for those is imperfect and many of the graphics are lost.

So here is Jim’s Dimestore listing my 10 favorite posts on Emptywheel.net, in chronological order:

DETAILS OF SILICON-TIN CHEMISTRY OF ANTHRAX ATTACK SPORES PUBLISHED; WILLMAN TUT-TUTS

Sandia National Laboratories image of attack spore. In the upper frame, silicon, in green, is found exclusively on the spore coat and not on the exosporium (outer pink border).

Perhaps my favorite topic over the years has been a technical analysis of the evidence presented by the FBI in its Amerithrax investigation. It is absolutely clear from this analysis of the anthrax attacks of 2001 that the FBI failed to demonstrate how Bruce Ivins could have carried out the attacks on his own. This post goes deep into the technical weeds of how the spores in the attack material were treated so that they would disperse easily and seem to float on air. The bottom line is that high amounts of silicon are found inside these spores. The silicon could not have gotten there naturally, and it took very sophisticated chemistry to get it there and treat it to make sure it stayed. Ivins had neither the expertise nor the equipment to achieve this highly advanced bioweaponization. Earlier work I did in this series showed that Ivins also could not have grown the anthrax used in the attacks.  My favorite candidate for where it was produced is an isolated lab built by the Defense Threat Reduction Agency on what is now called the Nevada National Security Site (formerly the Nevada Test Site) that Judy Miller described on September 4, 2001.  That article by Miller has always stood out to me as the ultimate limited hangout presented by DoD before the fact, where we see a facility of the perfect size for producing the amount of material used in the anthrax attacks. Those attacks occurred just a short time after the article was published. Miller’s assurance in the article that the site only was used for production of harmless bacteria sharing some characteristics with anthrax just never smelled right to me.

INTELLIGENCE AIDE FLYNN RE MCCHRYSTAL: “EVERYONE HAS A DARK SIDE”

When Michael Hastings’ article in Rolling Stone led to Stanley McChrystal’s firing, little did we know that this would be the beginning of the fall from grace for David Petraeus and his all-star band of torture enablers. These “operators”, as Hastings termed the team, relied on night raids and illegal detentions as the core of their counterterrorism initiatives in Iraq and Afghanistan. These foolishly evil practices fueled massive growth in the insurgencies in response. In this post, Flynn reveals to us that he felt McChrystal, and everyone else, has a “dark side”. As we now await fallout from Flynn’s guilty plea for his lies to the FBI about conversations with Russian Ambassador Kislyak (mainly, his testimony against the rest of Trump’s team), it appears that Flynn himself found the dark side to be quite compelling.

DESPITE METAPHYSICAL IMPOSSIBILITY, US GOVERNMENT REPEATEDLY ATTEMPTS RETROACTIVE CLASSIFICATION

Another favorite topic of mine over the years has been the utter futility of the military’s efforts to “train” troops in both Iraq and Afghanistan. It has been an endless sequence of the military getting countless “do-overs”, with Congress rolling over and believing every single utterance of “This time it will work for sure!”. Part of the military’s strategy in hiding their training failures was to keep changing how Afghan troops were counted and evaluated for combat readiness. A corollary to the futility of the training effort is the horrific death toll of “green on blue” attacks, where the Afghan or Iraqi trainees attacked and often killed those who were training them. When this problem got especially bad in Afghanistan in 2011, DoD commissioned a sociological analysis that returned a result the military did not like. The report indicated that the military was utterly failing to address vast cultural differences between Afghan and coalition troops.  The military, in its infinite wisdom, decided to classify the report, but did so after it already had been released in unclassified form.  Oops.

PERSIANS PUNK PHOTO PRETENDERS: PARCHIN PRETTY IN PINK

Detail from the photo carried in CNN’s story showing the pink tarp over the building said to contain the blast chamber.

Neocons have long lusted after violent regime change in Iran. Cooked up allegations on Iran’s nuclear capabilities have played a central role over the years in how they wished to achieve that war. Despite the neocons’ best efforts to sabotage negotiations, Iran agreed to a comprehensive set of severe restrictions on its nuclear capabilities in return for “dropping” (quotes because the US has claimed other grounds for maintaining other sanctions) the worst of the US sanctions that crippled Iran’s economy. Along the way, I had a ton of fun picking at two of the worst offenders in spreading anti-Iran propaganda: David Albright of the Institute for Science and International Security and George Jahn of AP. Reports that Iran had constructed a high explosives blast chamber at the Parchin military site became quite a point of argument. Albright spent countless hours scouring satellite images of the site and claimed the photographs showed that Iran was attempting to clean radioactivity from the site. Iran seemed to have a lot of fun with this process. I’m sure the pink tarps in the post here were added just to punk Albright. I maintained that the real evidence of what had taken place at the site couldn’t be scrubbed, because the accused activity would have resulted in the steel chamber itself being made radioactive throughout its entire thickness. Perhaps Iran made the same assessment, because once the IAEA gained access to the site, there was no steel chamber to be found. Was there ever a blast chamber there? Who knows? In the end, whether Iran carried out that work is immaterial, as the Joint Comprehensive Plan of Action has the most aggressive inspection regime ever agreed to by a country that hasn’t just lost a war.  We can rest assured that Iran has no capability at the current time of assembling a nuclear weapon, and the neocons are left to pout about diplomacy working better than their war ever could have. If you want to know why Donald Trump put Rex Tillerson in charge of dismantling the Department of State, look no further than the success diplomacy played in achieving the JCPOA.

JOHN GALT KILLS TEXANS IN MASSIVE FERTILIZER PLANT EXPLOSION

When a massive explosion in West, Texas killed 15 people, injured over 250 and destroyed 500 homes, it was clear to me who had killed these Texans: Ayn Rand’s mythical libertarian hero John Galt. How else do  you explain a site being allowed to store hundreds of thousands of pounds of ammonium nitrate with inadequate fire protection and fatally close to inhabited structures than the misguided libertarian belief that free enterprise should rule?  In the post, I pointed to the dangers inherent in the lack of zoning laws that allowed this fatal mixture of structures. As we later learned from the Washington Post,  John Galt’s influence on the destruction was decades in the making:

The plant was a mom-and-pop operation, a distribution center where farmers picked up custom mixes of fertilizer to boost crop yields. It was built in 1962 a half-mile outside West. As the harvests grew, so did the town. In 1967, the rest home opened 629 feet from the plant. In the early ’70s, a two-story apartment complex was built even closer. Then a playground and basketball court, a mere 249 feet away.

We learned last year that ATF has determined that the fire that preceded the blast was intentional.  So while we don’t know who started the fire itself, we know for a fact that, ultimately, it was John Galt who killed these 15 Texans.

US DRONE STRIKE IN PAKISTAN REEKS OF POLITICAL RETALIATION YET AGAIN

The current concern that Donald Trump will lash out in fury with a nuclear strike, somewhere, anywhere, just to vent his anger over Mueller’s noose tightening over his entire administration is not the first time that it was appropriate to be concerned about an  enraged high-ranking government official killing innocent people. In the case of John Brennan, poorly targeted rage attacks carried out as retaliation for a perceived wrong happened repeatedly. In the post linked here, a drone strike in Pakistan’s tribal area seemed timed as retaliation for Pakistan refusing to reopen supply routes that had been closed six months earlier when the US killed 24 Pakistani troops in an erroneous attack. The post goes on to detail other rage drone strikes that Brennan ordered, with the worst probably being the killing of over 40 people who were simply gathered to discuss mineral rights. That strike was carried out the day after the CIA’s Raymond Davis was finally released and was clearly carried out without proper evaluation of targeting criteria, as it seems few if any actual terrorists were killed.

NO, WE AREN’T ALL GOING TO DIE BECAUSE EBOLA PATIENTS ARE COMING TO US FOR TREATMENT

image.ppat.v04.i11.g001

Scary, color-enhanced electron micrograph of Ebola virus particles. Creative Commons license courtesy of Thomas W. Geisbert, Boston University School of Medicine.

The Ebola outbreak in 2014 led to widespread fear in the US, especially when it was announced that medical personnel who had been treating Ebola patients in Africa and became infected would be transported to Atlanta for treatment. There was no appreciation for how the disease actually is spread, what the conditions were where the medical workers became infected in Africa and how such spread would be much less likely in a properly run US hospital. A poorly run hospital in Texas, however, did manage to have personnel treating Ebola acquire infections. Of course, the treatment at CDC in Atlanta was carried out without incident, and the virus did not spread in the US, even after the Texas hospital had its initial failure. In fact, as the virus wound down, those who study and understand the virus were shown to have been completely correct in their analysis when they modeled how large the outbreak would get before receding once proper intervention was carried out. But the fears of Ebola wiping out the US weren’t the only bit of bad science that had to be knocked down during the outbreak. Conspiracy theories started spreading that the Ebola virus in the 2014 outbreak had been genetically engineered in a bioweapons lab and was accidentally released from a lab in Africa. DNA sequence analysis quickly debunked that one.

WASHINGTON POST FAILS TO DISCLOSE HEINONEN’S UANI CONNECTION IN ANTI-IRAN OP/ED

Yes, the Iran nuclear agreement is so important that it is the only topic repeated in my ten favorite posts. In this post, we are in the time just a few months before the agreement is finalized, and the neocon opponents of the deal are reaching a fever pitch. The post outlines a horrible failure of full disclosure by the Washington Post. This occurred after Bezos purchased the paper, but clearly was a failure of beating back the darkness in which democracy dies. In this case, the Post carried an op-ed opposing the Iran deal. Besides allowing an incendiary headline (The Iran Time Bomb) and giving voice to Michael Hayden and neocon nightmare Ray Takeyh, the Post made its biggest failure regarding the middle author, Olli Heinonen. The Post allowed Heinonen to identify himself only by his current Harvard affiliation and his former role in IAEA. What is left out of that description is that Heinonen was also playing a prominent role on the Advisory Board of United Against Nuclear Iran, shadowy group with even more shadowy funding sources. Somehow, in the course of its “advocacy” work against Iran, UANI had come into possession of US state secrets that suddenly allowed it to avoid a civil case for defamation of a businessman they accused of breaking sanctions against Iran. Why, yes, of course the New York Times also allowed Heinonen to deceptively carry out his work on their pages, too. This time it was in a “news” story that came out shortly after the UANI civil court case was dismissed when the judge stated the case could not proceed because of the state secrets involved. Of course, even after more than two and a half years, neither the Washington Post nor New York Times have admitted their omissions in describing Heinonen’s affiliations in the cited articles. It is really remarkable that diplomacy defeated this full court press by the neocons who were working with the full cooperation of the media.

WAVING THE CONSTITUTION AT THOSE WHO IGNORE IT

I waved my pocket copy of the Constitution at Nancy Pelosi on July 19,2008. Khizr Khan waved his at Donald Trump on July 28,2016.

I waved my pocket copy of the Constitution at Nancy Pelosi on July 19,2008. Khizr Khan waved his at Donald Trump on July 28,2016.

I haven’t written much in the last couple of years, but I just couldn’t avoid writing this one only ten days after surgery to replace my aorta. When I saw Khizr Khan’s appearance at the Democratic National Convention, I was really moved when he waved his pocket copy of the Constiution at Donald Trump. I had done the same thing in July of 2008 when Nancy Pelosi appeared at Netroots Nation in Austin. I was waving my Constitution at Pelosi to remind her of her failure to impeach George W. Bush and Dick Cheney for their roles in torture and illegal wars. Khan was calling out Trump for his campaign promises that so clearly violate the Constiution. Sadly, Trump has followed through in enforcing many of those policies Khan warned us about and we are left without much more recourse than continuing to wave our Constitutions at those who violate it on a daily basis.

ON JULY 2016 PANEL, GEORGE PAPADOPOULOS USED SAME COVER ORGANIZATION AS JOSEPH MIFSUD 

My one minor contribution so far to the unfolding saga of Russian influence on the 2016 election was prompted by noticing a photo in my Twitter stream shortly after the George Papadopoulos plea agreement was made public. What initially caught my eye was that my Congressman, Ted Yoho, was in the photo with Papadopoulos while both appeared in a panel discussion in Cleveland in July of 2016. However, once I started digging into the circumstances of the photo, I discovered that when he appeared for the panel, Papadopoulos claimed an affiliation with an entity that was also an affiliation for the shadowy Joseph Mifsud. We still don’t have a satisfactory explanation of how these two came to have a shared cover organization where it seems both Papadopoulos and Mifsud had positions that were grossly inflated with respect to their previous career accomplishments. I still think that if we ever discover who was behind these two getting such inflated positions, we will learn much about who might have been orchestrating later events in which these two played roles.

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Government Decides Reality Winner Leaked Just One Document After All

Back in June, I noted that one of the reasons the government convinced a judge to deny Reality Winner bail was that she had leaked documents, plural.

There’s no written record for this yet, but it appears from one of the less-shitty reports on the hearing that the claim is based on three things: First, Winner stuck a thumb drive in a Top Secret computer last year.

Winner inserted a portable hard drive in a top-secret Air Force computer before she left the military last year. She said authorities don’t know what happened to the drive or what was on it.

Second, because Solari portrayed the 25-year old translator’s knowledge as a danger unto itself (more ridiculously, she painted Winner’s knowledge of Tor — which Winner didn’t use to look up sensitive information — as a means by which she might flee).

“We don’t know how much more she knows and how much more she remembers,” Solari said. “But we do know she’s very intelligent. So she’s got a lot of valuable information in her head.”

And finally, because Winner told her mother, in a conversation from jail that was recorded, that she was sorry about the documents, plural.

Solari said Winner also confessed to her mother during a recorded jailhouse phone call, saying: “Mom, those documents. I screwed up.”

Solari apparently emphasized the latter point as a way to suggest Winter might still have documents to leak.

Solari stressed that Winner referred to “documents” in the plural, and that federal agents were looking to see whether she may have stolen other classified information.

The idea is that because Winner used the plural and she only leaked one document, there must be more she’s planning on leaking.

Except that doesn’t appear right.

It appears Winner actually already leaked two documents. [my emphasis]

I showed that Winner actually leaked two documents to the Intercept.

Curiously, it appears the prosecutor in this case, Jennifer Solari, has changed her mind. Attached to a motion to reconsider bail, Winner’s lawyers have noted that weeks after claiming Winner had to be jailed because she told her mom she had stolen multiple documents, Solari listened to the transcript and decided Winner only referred to a document, singular.

The following is new evidence that was not available at the time of the initial detention hearing (and could not have reasonably been available given the mere three days between the initial appearance and detention hearing), all of which have a material bearing on the issue of release. • While repeatedly alleging that Ms. Winner disclosed numerous “documents” at the initial detention hearing—a fact that the Court specifically noted in its findings to support detention the Government has, via email to this Court, retracted those assertions. The Government now alleges there was only one document, rather than numerous documents, at issue. [See Exhibit A (email correspondence from Assistant United States Attorney Jennifer Solari to defense counsel and the Court dated June 29, 2017); Doc. 29 p. 105; see also Doc. 72].

In her email informing the defense of this, Solari explained,

Before the hearing, I had only heard a portion of the call in which the defendant asked her mother to “play that angle” regarding the alleged circumstances of her FBI interview. I proffered information about the other jail calls based upon verbal summaries I was provided by the FBI just before the hearing. Now that I’ve heard the recordings myself, I’d like to clarify some of the information for the court and counsel.

Solari goes on to suggest that another correction — regarding why Winner had her mom transfer money — came from an inference the FBI agent made.

I’m glad Solari corrected these issues — prosecutors often double down in such instances. I’d certainly scrutinize the other claims made by the FBI agents in the case after this.

Apparently, the government also left other details out of its story when painting Winter as an opsec genius to deny her bail. For example, in addition to pointing out how many people use Tor, her lawyers revealed that she had used it to access Wikileaks once.

The Government failed to explain, however, that Ms. Winner told the Government during her interrogation on June 3, 2017, that she used Tor once for looking at WikiLeaks.

It also notes that the superseding indictment still just charges Winner for the one document.

Finally, it compares her treatment with all of the other alleged leakers who got bail (including David Petraeus).

It’s unclear whether this will win her release. But it certainly suggests the government overstated her threat in her bail hearing.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

US Indicts Hal Martin — But Offers No Hint He’s the Source for Shadow Brokers, Or Anyone Else

After David Petraeus shared notebooks full of code word intelligence with his girlfriend (and boxes of other classified information), then lied about it to the FBI, the government let Petraeus off with two years of probation.

DOJ just indicted Hal Martin — the Booz Allen contractor who allegedly stole terabytes of NSA information — with 20 charges each carrying up to 10 years of punishment. The indictment includes no hint that Martin did anything but hoard the files he stole. There’s no allegation he shared them with anyone (though, like Petraeus, he definitely kept very sensitive documents in highly insecure fashion).

Significantly, there’s no mention of the Shadow Brokers or even a description of the hacking tools Martin allegedly stole (though that’s likely because DOJ would draw up the indictment to avoid confirming that NSA even has hacking tools, much less the ones released to the public).

The only description of a document specifically targeting an adversary akin to the one described to the WaPo seems to target a terrorist organization, not Russia (meaning that they’re not presenting evidence Martin preferentially collected information on Russia, though again, if he were, they might hide that).

And the indictment alleges that Martin continued to steal documents up until 12 days before he was arrested, and significantly, three days after the first Shadow Brokers post on August 13.

It would be the height of folly for someone who knew he was the source for the Shadow Brokers to keep stealing documents after Shadow Brokers had gone public (though at that point, it wasn’t clear precisely what Shadow Brokers was going to release).

Certainly, the way in which DOJ has charged this — larding on 20 different charges — suggests they’re trying to coerce him into cooperating. The case against Chelsea Manning, which was partly an attempt to coerce Manning to testify against Julian Assange and Wikileaks, was very nearly parallel in the charging of many documents. In Manning’s case, there was no way for her to cooperate to implicate Assange except to lie; there’s nothing Assange did to elicit the files. That may be the case for Martin, too.

The big difference here is there’s absolutely no hint that Martin shared any of this. Given the Petraeus and Hillary precedents, the government will have a difficult time coercing Martin further, given that Petraeus didn’t even do prison time for hoarding and then sharing equally classified documents (albeit not as many of them).

Nevertheless, it appears that that DOJ is trying to coerce Martin to get information it offers no proof he even has.

Update: As it happens, DOJ indicted Hal Martin just over 4 hours before Jeff Sessions, who has refused to recuse himself in investigations of the Russian hack of the DNC, was confirmed as Attorney General. Again, there’s no evidence whatsoever that DOJ has any evidence Martin was a source for Shadow Brokers, who are presumed to have a tie to the DNC hack. But if they suspect it, indicting Martin with such extensive charges before Sessions comes in will make it hard for Sessions to reverse what seems to be an effort to coerce Martin to reveal any tie to the hack.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

Does Jim Comey Think Thomas Drake Exhibited Disloyalty to the United States?

As you’ve no doubt heard, earlier today Jim Comey had a press conference where he said Hillary and her aides were “extremely careless in their handling of very sensitive, highly classified information” but went on to say no reasonable prosecutor would prosecute any of them for storing over 100 emails with classified information on a server in Hillary’s basement. Comey actually claimed to have reviewed “investigations into mishandling or removal of classified information” and found no “case that would support bringing criminal charges on these facts.”

Our investigation looked at whether there is evidence classified information was improperly stored or transmitted on that personal system, in violation of a federal statute making it a felony to mishandle classified information either intentionally or in a grossly negligent way, or a second statute making it a misdemeanor to knowingly remove classified information from appropriate systems or storage facilities.

[snip]

Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.

Before we get into his argument, consider a more basic point: It is not Jim Comey’s job to make prosecutorial decisions. Someone else — whichever US Attorney oversaw the prosecutors on this case, Deputy Attorney General Sally Yates, or Loretta Lynch — makes that decision. By overstepping the proper role of the FBI here, Comey surely gave Lynch cover — now she can back his decision without looking like Bill Clinton convinced her to do so on the tarmac. But he has no business making this decision, and even less business making it public in the way he did (the latter of which points former DOJ public affairs director Matthew Miller was bitching about).

But let’s look at his judgment.

Given that Jeffrey Sterling has been in prison for a year based off a slew of metadata (albeit showing only 4:11 seconds of conversation between James Risen and Sterling) and three, thirty year old documents, classified Secret, describing how to dial a phone, documents which were presented to prove Sterling had the “intent” to retain a document FBI never showed him retaining, I’m particularly interested in Comey’s judgment that no reasonable prosecutor would bring charges based on the facts found against Hillary. Similarly, given the history of the Thomas Drake prosecution, in which he was charged with Espionage because he kept a bunch of documents on NSA’s fraud, at the direction of the Inspector General, which the FBI found in his basement.

I can only imagine Comey came to his improper public prosecutorial opinion via one of two mental tricks. Either he — again, not the prosecutor — decided the only crime at issue was mishandling classified information (elsewhere in his statement he describes having no evidence that thousands of work emails were withheld from DOJ with ill intent, which dismisses another possible crime), and from there he decided either that it’d be a lot harder to prosecute Hillary Clinton (or David Petraeus) than it would be someone DOJ spent years maligning like Sterling or Drake. Or maybe he decided that there are no indications that Hillary is disloyal to the US.

Understand, though: with Sterling and Drake, DOJ decided they were disloyal to the US, and then used their alleged mishandling of classified information as proof that they were disloyal to the US (Drake ultimately plead to Exceeding Authorized Use of a Computer).

Ultimately, it involves arbitrary decisions about who is disloyal to the US, and from that a determination that the crime of mishandling classified information occurred.

For what its worth, I think most of these cases should involve losing security clearances rather than criminal prosecution (though Petraeus also lied to FBI). But we know, even there, the system is totally arbitrary; DOJ has already refused to answer whether any of Hillary’s aides will be disciplined for their careless handling of classified information and Petraeus never did lose his clearance. Nor did the multiple witnesses who testified against Sterling who themselves mishandled classified information lose their security clearance.

Which is another way of saying our classification system is largely a way to arbitrarily label people you dislike disloyal.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

Friday Morning: Get Smart

If yesterday was all about the stupid, today is smart — as in Get Smart. I usually explore a jazz genre on Fridays, but this morning’s theme took over and found its own — well, what else! — theme music.

This is the entirety of the piece from which the 1960s television spy comedy Get Smart was taken. The most recognizable parts of the theme occur after the 7:30 mark. Some of the video’s commenters called this variations on Get Smart, but I don’t think they realize bigger pieces are often used in TV themes and cut to fit. Compare to the honed and polished piece used on air.

And now let’s get smart.

Smart technology with a goofy name
Google released as open source its SyntaxNet — a neural network framework for development of natural language systems. With this anyone can develop their own voice-activated natural language systems. Google’s already done the work on an English language parser called Parsey McParseface. Goofy name, but it’s incredibly accurate at picking apart English as we use it.

What I want to know: is this English language parser based on SyntaxNet the tool Google’s AI team has been feeding romance literature to teach it human speech? Parsey McParseface has already been fed the English version of the Wall Street Journal and Penn Treebank newswire sentences, but human speech is more irregular and colloquial than those written texts.

Get smart about the global technology gap
This is a nifty test and educational graphic pairing by New Internationalist. Amazing how many people have high-speed internet (less than you may think) and how few have access to clean water or toilets (far more than you may think).

Smart move: London’s new mayor enlarges clean air zone
Unlike that sad clown Boris Johnson, Sadiq Khan doesn’t mess around, wasting no time on saving Londoner’s lives with expansion of the Ultra Low Emissions Zone. Roughly 9,500 of them die each year due to air pollution. But why limit the number to be saved to some fraction of that number, discriminating against a portion of London drivers who will now pay a fee for driving polluting vehicles? At some point, the issue of VW’s emissions standards cheating passenger diesel cars must enter the equation, too. Could Khan ban them until they are “fixed”?

Smart statement, rather too late
Perhaps if David Petraeus had worked against anti-Muslim sentiment before he blew up his moral authority he might be taken as seriously as he should be.

Get smart about history: on rhubarb and women’s wear

  • Fascinating look at the “rhubarb triangle” in Yorkshire UK (Guardian-UK) — Wow. Did not know they forced rhubarb, let alone harvested by candlelight. Really old school ag, this. Probably UK-only, but the popularity of rhubarb as an alternative to fruit in WWII surely shaped US’ rhubarb farming.
  • Women’s skirt lengths, men’s facial hair influenced by late Victorian science (Smithsonian) — Didn’t know this either, that the fad for trailing skirts in mid-Victorian era died off because of concerns about tuberculosis’ spread. Also didn’t realize “heroin chic” had a predecessor in consumptive women’s appearance. Men’s facial hair, though? Germ factories, just waiting for the development of the safety razor.
  • 31 years ago, Philadelphia police exterminated a family (Films for Action) — This is still as horrifying today as it was then. The dead included five children, murdered by law enforcement.

And yes, this is not a smart observation or point, but it’s Friday the 13th
The smartness is in Longreads’ three lunch-sized stories about superstition. Coincidentally, that’s one read each for today, Saturday, and Sunday.

I’ll see you Monday morning right here if I don’t get hit by lightning or a beer truck. Have a good weekend!

Blogger since 2002, political activist since 2003, geek since birth. Opinions informed by mixed-race, multi-ethnic, cis-female condition, further shaped by kind friends of all persuasions. Sci-tech frenemy, wannabe artist, decent cook, determined author, successful troublemaker. Mother of invention and two excessively smart-assed young adult kids. Attended School of Hard Knocks; Rather Unfortunate Smallish Private Business School in Midwest; Affordable Mid-State Community College w/evening classes. Self-employed at Tiny Consulting Business; previously at Large-ish Chemical Company with HQ in Midwest in multiple marginalizing corporate drone roles, and at Rather Big IT Service Provider as a project manager, preceded by a motley assortment of gigs before the gig economy was a thing. Blogging experience includes a personal blog at the original blogs.salon.com, managing editor for a state-based news site, and a stint at Firedoglake before landing here at emptywheel as technology’s less-virginal-but-still-accursed Cassandra.

“It’s Good to Be Back,” Petraeus Says before He Offers a Vague Apology and Oil Market Advice

Screen Shot 2015-09-22 at 1.24.13 PMJohn McCain has officially launched David Petraeus’ rehabilitation tour.

Petraeus testified today before the Senate Armed Services Committee on what to do in the Middle East. But you could tell how much this is about rehabilitation for the heartfelt thanks Petraeus offered McCain for bringing him in to testify. “It’s good to be back,” Petraeus said, before launching into the most hailed part of the hearing, this vague apology.

I think it is appropriate to begin my remarks this morning with an apology, one that I have offered before, but nonetheless one that I want to repeat to you and to the American public. Four years ago I made a serious mistake, one that brought discredit on me and pain closest–to those closest to me. It was a violation of the trust placed in me, and a breach of the values to which I had been committed throughout my life. There’s nothing I can do to undo what I did. I can only say again how sorry I am to thoseI let down and then strive to go forward with a greater sense of humility and purpose, and with gratitude to those who stood with me during a very difficult chapter in my life.

He didn’t actually say what part of the scandal he was apologizing for, though some of the press seemed to be certain that it was about one or another aspect of it. His invocation of the pain he caused those closest to him suggests it was the affair itself. The timing — just over four years ago, August 28, 2011, was the day he gave his black books full of code word intelligence to Paula Broadwell for several days — suggests it was about actually leaking intelligence.

If the acts he apologized for were four years ago, though, it means this apology doesn’t cover the lies he told the FBI on June 12, 2012 about sharing this intelligence. And it doesn’t cover keeping those books with code word intelligence in the top drawer of his unlocked desk until FBI found them on April 5, 2013, the act — mishandling classified information — that he technically pled guilty too.

Though I wouldn’t be surprised if the lawyer he shares with Hillary Clinton, David Kendall, advised him not to apologize for lying to the FBI, given that would involve admitting guilt for something he didn’t plead guilty for.

So having apparently apologized for a range of things that didn’t apparently include lying to the FBI, David Petraeus gave unsworn testimony to Congress.

The testimony was about what you’d expect. David Petraeus’ surge was, according to David Petraeus, a huge success. Petraeus told of some great things Nuri al-Maliki did even while explaining some great things Haider al-Abadi is doing. Petraeus envisioned the break up of Syria while insisting that the same couldn’t happen in Iraq (because the Sunnis in Iraq would have no oil revenues). All casualties in Syria were the fault of Bashar al-Assad, and not the US ally-backed forces Petraeus watched get armed while he was still CIA Director. Petraeus denied, without being asked, that the military had a policy of ignoring Afghan bacha bazi, as reported in NYT this week.

Not a word was mentioned about the chaos CIA-led intervention in Libya has caused, or what to do about it (Petraeus did mention Libya in a passing answer to a question), not even in discussions of why the Russians would never be willing to work under US command in countering ISIS, not even from the party that remains obsessed about Benghazi.

Nothing was mentioned about how all the men we’ve — Petraeus — has trained have been prone to flee.

The closest Petraeus came to discussing the support for Sunni extremism our allies — Qatar, Saudi Arabia, and Turkey — give (and therefore their role in the region’s instability) came when Petraeus discussed Turkey’s increasing targeting of PKK that happened at the same time Turkey agreed to let us use Incirlik Air Base, though Petraeus didn’t note any connection between those two things.

Perhaps the most interesting part of the hearing, though, came towards the end (after 2:11), when Thom Tillis asked a very reasonable question about how other countries (he didn’t say, but he probably had China in mind) reliance on Iran once they start selling oil will become important strategically.

After claiming Tillis’ break-even number for Iran’s budget (which accords with public reporting) was incorrect, Petraeus put on his private equity guy hat.

I’m the chairman of the KKR global institute and a partner in KKR, one of the global investment firms, uh [hand gesture showing breadth] big private equity firms in our country. And, first of all, by the way, the analysis on crude oil export shows that not only would the price of WTI, West Texas Intermediate go up slightly, so the producers would be better off, it would also have an impact on Brent Crude prices, which would come down, the global price, which is a lot of what we refine, and the price at the pump probably would go down. So it’s very interesting — if you look at, I think it’s the CBO that did the analysis of this. One of our analytical organizations here, I think, on Capitol Hill has looked at this. And it’s a very interesting dynamic.

[Tillis tries to interrupt, Petraeus keeps speaking.]

Beyond that, I don’t think we should get involved in markets as a country, unless we want to do something like sanctions. So again, you wouldn’t do it — if you want to use sanctions for economic tools as a weapon, gives thumbs up sign] fine, but otherwise I think you have to be very careful about intervention in the global markets.

Tillis tried again, restating his question about whether we should drill as much oil as we can to hedge against increased Iranian influence.

We ought to produce all the oil that we can, if we’re making a profit. If we can enable countries like Iraq to revive their oil industry as we did, it helps Iraq, it funds their gover–by the way they’re running into fiscal deficit now. But again, this is really about market forces I think, much more than getting involved in this as a country.

Not much of Petraeus’ answer made sense, but I can assure you, the head of KKR’s Global Institute is pretty excited about natural gas.

Sure, the expertise of a private equity guy might be worthwhile to Congress, though that affiliation was not listed on the SASC websiteScreen Shot 2015-09-22 at 12.46.32 PM

But it’s all the more absurd given the rest of Petraeus testimony, most notably his silence about Saudi Arabia’s destabilizing influence, given that we do play in global markets precisely through our unquestioningly loyalty to the Saudis.

I guess the Senate — which turned out in big numbers — finds this kind of analysis useful. But it is, once again, about David Petraeus more than it is about testimony that will help us adopt a sound policy in the Middle East.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

Revisiting David Petraeus’ Crack Plan to Ally with Al Qaeda

Senate Foreign Relations Committee Hearing on potential airstrikes against Assad, September 3, 2013

SEN. CORKER: What I’m unaware of is why it is so slow in actually helping them with lethal support — why has that been so slow?

SEC. KERRY: I think — I think, Senator, we need to have that discussion tomorrow in classified session. We can talk about some components of that. Suffice it to say, I want to General Dempsey to speak to this, maybe Secretary Hagel. That is increasing significantly. It has increased in its competency. I think it’s made leaps and bounds over the course of the last few months.

Secretary Hagel, do you — or General, do you want to —

SEN. HAGEL: I would only add that it was June of this year that the president made a decision to support lethal assistance to the opposition, as you all know. We have been very supportive with hundreds of millions of dollars of nonlethal assistance. The vetting process, as Secretary Kerry noted, has been significant. But — I’ll ask General Dempsey if he wants to add anything — but we, Department of Defense, have not been directly involved in this. This is, as you know, a covert action, and as Secretary Kerry noted, probably to go into much more detail would require a closed or classified hearing.

Tom Udall, Senate Foreign Relations Committee Hearing on ISIS, September 17, 2014

Everybody’s well aware there’s been a covert operation, operating in the region to train forces, moderate forces, to go into Syria and to be out there, that we’ve been doing this the last two years. And probably the most true measure of the effectiveness of moderate forces would be, what has been the effectiveness over that last two years of this covert operation, of training 2,000 to 3,000 of these moderates? Are they a growing force? Have they gained ground? How effective are they? What can you tell us about this effort that’s gone on, and has it been a part of the success that you see that you’re presenting this new plan on?

A number of us were discussing how odd it was that this big NYT article — describing President Obama blame those who championed arming Syrian rebels — made no mention of the covert CIA operation dating back to 2012 (and confirmed in a public hearing to have started by June 2013). How could a NYT writer pretend the CIA training effort didn’t proceed the DOD one, especially given the fairly lengthy reporting done by other NYT reporters on it? Especially given the Peter Baker’s refutation of Obama’s position pertains to whether Obama should have armed rebels earlier, which of course he did.

In effect, Mr. Obama is arguing that he reluctantly went along with those who said it was the way to combat the Islamic State, but that he never wanted to do it and has now has been vindicated in his original judgment. The I-told-you-so argument, of course, assumes that the idea of training rebels itself was flawed and not that it was started too late and executed ineffectively, as critics maintain.

Which is why I was interested in the blame-setting.

Hillary comes in for a large part of the blame, almost certainly justifiably (though she’s also likely a stand-in for those on Obama’s own staff who espouse intervention with little consideration of consequences). David Petraeus — CIA Director when arms first started flowing to Syria, though not when that April 2013 finding was signed — gets remarkably little blame, especially given the prominence Petraeus Godfather Jack Keane got in the piece.

The finger, it says, should be pointed not at Mr. Obama but at those who pressed him to attempt training Syrian rebels in the first place — a group that, in addition to congressional Republicans, happened to include former Secretary of State Hillary Rodham Clinton.

[snip]

The idea of bolstering Syrian rebels was debated from the early days of the civil war, which started in 2011. Mrs. Clinton, along with David H. Petraeus, then the C.I.A. director, and Leon E. Panetta, then the defense secretary, supported arming opposition forces, but the president worried about deep entanglement in someone else’s war after the bloody experience in Iraq.

Perhaps most remarkably, our allies — Qatar, Saudi Arabia, and Turkey — get no blame here, even in spite of the fact that they’d be funding more radical anti-Assad forces with our involvement or not (on that note, see this great tick tock of how we got here). Much of the reason our options remain so dismal in Syria is because our so-called allies are going to pursue their objectives whether or not we’re playing along. Which leaves only the question of whether anything we could do would improve the outcome — not to mention whether our interest coincides with that of our allies.

So with all that in mind, let’s reconsider David Petraeus crack plan to start allying with al Qaeda to fight (he says) ISIS. As I noted at the time, he engaged in a lot of making shite up, including not only “the Surge” (which he will spin until his dying day), but also what he was doing at CIA.

 

I’m most interested in this claim:

Petraeus was the CIA director in early 2011 when the Syrian civil war erupted. At the time, he along with then Secretary of State Hillary Clinton and Defense Secretary Leon Panetta reportedly urged the Obama administration to work with moderate opposition forces. The U.S. didn’t, and many of those groups have since steered toward jihadist groups like the Nusra Front, which are better equipped and have had more success on the battlefield.

While it is true that Obama did not systematically arm rebels in Syria in 2011, it is also a public fact that the CIA was watching (and at least once doing more than that) Qatar and Saudi Arabia move arms from Libya before Petraeus’ departure in 2012, and Obama approved a covert finding to arm “moderate” rebels in April 2013, with CIA implementing that plan in June.

That’s all public and confirmed.

So how is it that we once again are pretending that the CIA — the agency Petraeus led as it oversaw a disastrous intervention in Libya that contributed to radicalization both there and in Syria — didn’t arm purported moderates who turned out not to be?

That is, Petraeus’ plan to ally with al Qaeda accompanies a false narrative about whether we had supported rebels, including al Qaeda affiliates, from the start.

The plan from those who got CIA to support rebels in 2013 (and arm them even earlier) and who kept pushing to train rebels after that is — now that blame is being assigned for the second attempt to arm them — to join with al Qaeda. Which we effectively did years ago.

On top of everything else, its a nice way to inoculate against what has happened, which is and always was going to be about strengthening Islamic fighters.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

Brookings Expert Michael O’Hanlon Thinks We’ve Won Our Recent Wars

Fresh off the call from his hero, David Petraeus, to cooperate with al Qaeda, Michael O’Hanlon suggests we should lower the standards for vetting of “moderate” rebels, so we can then partition Syria and pretend we haven’t just empowered al Qaeda.

But envisioning a federal arrangement offers the hope that a future peacekeeping force in Syria that could deploy largely along the lines of separation rather than throughout all the major populated areas. That would reduce its needed size and its likely casualty levels. There would surely be violence, and tests of the force — so Americans would have to be part of it, to give it backbone and credibility, but to the tune of perhaps 10,000 to 20,000 troops rather than the 100,000 or more that typified our peak efforts in both Iraq and Afghanistan. Moreover, even this kind of deal would require the defeat or near-defeat of both the Islamic State and Assad, given how divisive and illegitimate each has become. So it would only be possible after moderate opposition forces had been strengthened and made much more military headway than they have so far.

This points a path forward. The United States and partners should expand their help for moderate factions, among other things by relaxing the vetting standards that have prevented us from working with anyone who wants to target Assad rather than just the Islamic State. Once somewhat larger moderate forces are available, and able to establish dependable toeholds within Syria, we should send in training teams to work with them in accelerating the recruiting and training of local forces. Such an approach would also allow the much better provisioning of humanitarian relief — an urgent priority recognized by all.

The plan itself is gibberish (and fails for the same reason his other options do: because the US won’t want to and cannot enforce this).

But it’s all premised on something else — that having an outside power intervene can end wars, including civil wars. To support that claim, he points to … America’s wars in the past 15 years.

A second potential war-ender is an intervention by some outside power, which could side with one party to win it. Beyond the U.S.-led wars of the last 15 years, good modern examples include Tanzania overthrowing Idi Amin in Uganda and the Vietnamese army defeating the Khmer Rouge in Cambodia.

Last I checked, our intervention had reignited a long-simmering civil war in Afghanistan, and started ones in Iraq and Libya. In all those places, those civil wars continue to rage.

Yet those three examples of the US causing a civil war are Brookings expert Michael O’Hanlon’s idea of how to end a civil war.

 

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

David Petraeus, Whose Greatest Aptitude Lies in Rewriting History

As always in stories involving David Petraeus, this story about his plan to work with al Qaeda to defeat ISIS involves some rewriting or forgetting of history. There’s the fiction that what is usually called the surge but here is at least called co-opting members of al Qaeda “worked.”

The former commander of U.S. forces in Iraq and Afghanistan has been quietly urging U.S. officials to consider using so-called moderate members of al Qaeda’s Nusra Front to fight ISIS in Syria, four sources familiar with the conversations, including one person who spoke to Petraeus directly, told The Daily Beast.

The heart of the idea stems from Petraeus’ experience in Iraq in 2007, when as part of a broader strategy to defeat an Islamist insurgency the U.S. persuaded Sunni militias to stop fighting with al Qaeda and to work with the American military.

The tactic worked, at least temporarily. But al Qaeda in Iraq was later reborn as ISIS, and has become the sworn enemy of its parent organization. Now, Petraeus is returning to his old play, advocating a strategy of co-opting rank-and-file members of al Nusra, particularly those who don’t necessarily share all of core al Qaeda’s Islamist philosophy. [my emphasis]

To be fair to the Daily Beast, they call it a “tactic,” not a strategy, which is correct and part of the problem with it — it provides no path to lasting peace and can easily lead to the metastasis of new violent groups — as DB makes clear happened with the rise of al Qaeda in Iraq. The description of how Petraeus engaged the Sons of Iraq also neglects to mention the financial payoff, which seems important both to understand the play but also its limitations. Thus far, though, DB at least hints as why Petraeus’ plan is so batshit crazy.

Then there’s the silence in the story about how every attempt to train allied troops that Petraeus has been involved with has turned to shit: Iraq, Afghanistan, Libya. That seems worth mentioning.

But I’m most interested in this claim:

Petraeus was the CIA director in early 2011 when the Syrian civil war erupted. At the time, he along with then Secretary of State Hillary Clinton and Defense Secretary Leon Panetta reportedly urged the Obama administration to work with moderate opposition forces. The U.S. didn’t, and many of those groups have since steered toward jihadist groups like the Nusra Front, which are better equipped and have had more success on the battlefield.

While it is true that Obama did not systematically arm rebels in Syria in 2011, it is also a public fact that the CIA was watching (and at least once doing more than that) Qatar and Saudi Arabia move arms from Libya before Petraeus’ departure in 2012, and Obama approved a covert finding to arm “moderate” rebels in April 2013, with CIA implementing that plan in June.

That’s all public and confirmed.

So how is it that we once again are pretending that the CIA — the agency Petraeus led as it oversaw a disastrous intervention in Libya that contributed to radicalization both there and in Syria — didn’t arm purported moderates who turned out not to be?

In other words, the story here should be, “David Petraeus, after overseeing a series of failed training efforts and covert efforts that led to increased radicalization, wants to try again.”

Which would make it even more clear how crazy this idea is.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.

FBI Counterterrorism Agent Discovers How FBI National Security Investigations Work

CNN has a story based on the deposition of Frederick Humphries, the friend of Jill Kelley who first initiated the investigation into Kelley’s stalker, who turned out to be David Petraeus’ lover, Paula Broadwell. The deposition is in Kelley’s suit against the FBI for violating her privacy.

The deposition contains accusations the FBI stalled the investigation because of the Presidential election and that Agents made derogatory comments about Kelly.

If what Humphries alleges is true, then it points to real abuse in an investigation affecting David Petraeus.

That said, Humphries — who has worked counterterrorism for years, including on the Ahmed Ressam case — expresses surprise that the FBI what they do on national security cases: collect broadly and then investigate what they’ve collected. The FBI used some of Kelley’s other emails against both Humphries and Kelley.

“The only victim is her husband because he has to pay for all the food that she goes out and eats and takes pictures of and sends to everyone,” said Kevin Eaton, the assistant special agent in charge, according to Humphries.

Kelley is often took photos of her food when she goes out to eat and sends them to her friends, a source close to Kelley said.

It was a comment that “shocked and surprised” Humphries since it revealed that the FBI was looking at Kelley’s e-mails beyond the ones relevant to the cyberstalking, contrary to Kelley’s explicit instruction.

[snip]

In September 2012 Ibison “summoned” Humphries to a meeting and asked him “whether there was anything in my communications with Jill Kelley for which I would be embarrassed,” he testified.

“No,” Humphries said, and Ibison “threw a bunch of pictures at me and files of my e-mails to Jill Kelley.”

“Well, I told the director that and he just shoved these up my ass,” Ibison said, according to Humphries, “and he tossed the pictures at me.”

I’m in no way saying this is right. It’s not. It’s a privacy violation and it shows how easy FBI can use its deep digs of information to abuse power.

But the FBI is explicit that once it has legally collected information, it can access that information without evidence of a crime.

And Humphries himself makes it clear that the FBI treated this as a cybersecurity investigation, investigations which (if anything) overcollect even more than counterterrorism cases.

Jill Kelley reached out to Humphries, an FBI Agent whom she and her husband knew socially.

“She explained that Gen. Allen had received an odd e-mail,” Humphries testified, noting that “whoever sent these e-mails is either in close physical proximity or has penetrated the cyber security of these folks to include the director of the Central Intelligence Agency, Director Petraeus, and I was worried and concerned for his safety, the safety of the generals.”

Humphries thought the emails “ominous” and contacted Special Agent Adam Malone of the Tampa Cyber Squad.

“We had already reached the threshold on the cyber or physical security of senior government leadership and possible their email,” he said.

Again, I absolutely agree with Humphries that FBI’s focus on Kelley and them him was wrong. But it’s wrong whether it’s someone who is two degrees of separation from an Imam of interest or a socialite in Tampa Bay who makes trouble for David Petraeus.

And, of course, such potential violations will only get more widespread if Congress passes CISA, which would permit the sharing of cyber-investigation information broadly across the government.

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 Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, 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 in Grand Rapids, MI.