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“Oddly Passive” in the World of Drone Killing

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The WaPo has an important piece on the use of drones. One thing bmaz noted about it on Twitter, for example, is that CIA had Anwar al-Awlaki under such multi-drone surveillance before they killed him, it is not credible that they killed Samir Khan, also an American, out of ignorance of his presence. Particularly given their claim they had made sure no “civilians wandered in the cross hairs.”

Two Predators pointed lasers at Awlaki’s vehicle, and a third circled to make sure that no civilians wandered into the cross hairs.

So the article makes it clear that the Administration doesn’t consider non-operational American citizen propagandists “civilians.”

But I’m particularly interested in what a “former official who served in both [the Bush and Obama] administrations and was supportive of the [drone] program” had to say about who was promoting increased use of drones. The official starts by pointing to Hillary Clinton, Leon Panetta, and John Brennan as the program’s champions.

Secretary of State Hillary Rodham Clinton, former CIA director and current Defense Secretary Leon E. Panetta, and counterterrorism adviser John O. Brennan seemed always ready to step on the accelerator, said a former official who served in both administrations and was supportive of the program. Current administration officials did not dispute the former official’s characterization of the internal dynamics.

And then calls the Commander-in-Chief “oddly passive” when it comes to drones.

Obama himself was “oddly passive in this world,” the former official said, tending to defer on drone policy to senior aides whose instincts often dovetailed with the institutional agendas of the CIA and JSOC.

The senior administration official [who also disputed that the drones were driving our counterterrorism policy and not vice versa] disputed that characterization, saying that Obama doesn’t weigh in on every operation but has been deeply involved in setting the criteria for strikes and emphasizing the need to minimize collateral damage.

“Everything about our counterterrorism operations is about carrying out the guidance that he’s given,” the official said. “I don’t think you could have the president any more involved.”

The description of a passive Obama accords with other descriptions of Obama’s role in the drone war. As I noted in October, even Obama’s “approval” of the Anwar al-Awlaki targeting, according to Mark Hosenball, consisted only of not rejecting the recommendations of the Principals Committee’s recommendation (and therefore people like Hillary, Brennan, and Panetta).

The role of the president in ordering or ratifying a decision to target a citizen is fuzzy. White House spokesman Tommy Vietor declined to discuss anything about the process.

[snip]

Other officials said the role of the president in the process was murkier than what Ruppersberger described.

They said targeting recommendations are drawn up by a committee of mid-level National Security Council and agency officials. Their recommendations are then sent to the panel of NSC “principals,” meaning Cabinet secretaries and intelligence unit chiefs, for approval. The panel of principals could have different memberships when considering different operational issues, they said.

[snip]

Several officials said that when Awlaki became the first American put on the target list, Obama was not required personally to approve the targeting of a person. But one official said Obama would be notified of the principals’ decision. If he objected, the decision would be nullified, the official said.

A former official said one of the reasons for making senior officials principally responsible for nominating Americans for the target list was to “protect” the president.

In addition, Joby Warrick’s description of the targeting approval process used before we killed Baitullah Mehsud and his young wife shows just the Director of the CIA signing off on the killing.

So it’s not news, exactly, that Obama has been given plausible deniability about the out-of-control backlash-creating program. Nor that the Administration wants to sustain that plausible deniability while still pursuing political advantage from the drone strikes.

But I am interested in the implication Greg Miller leaves as a result. Obama is passive, and so his senior aides control the program (perhaps one of the aides denying that Obama is passive?), and they, in turn, basically support the “the institutional agendas of the CIA and JSOC.”

Here’s what that senior aide had to say to try to deny that we’re letting a fondness for drones drive our counterterrorism policy.

“People think we start with the drone and go from there, but that’s not it at all,” said a senior administration official involved with the program. “We’re not constructing a campaign around the drone. We’re not seeking to create some worldwide basing network so we have drone capabilities in every corner of the globe.”

It seems there’s a third option, an alternative to “we’re building so many drone bases because we like drones” and “we have so many drones because there are so many possible targets for them.”

That third option is that JSOC and CIA have certain “institutional agendas” that center on wielding the power of drones anywhere in the world to implement a policy they’ve dreamt up rather than their civilian Commander-in-Chief. There’s a hint, at least, that drones not only take the human out of the cockpit, but also take the Commander-in-Chief out of the cockpit as well.

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The Material Support of Hillary Clinton and Tarek Mehanna

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18 USC 2339(A) and 18 USC 2339(B) proscribe the material support of terrorism and designated foreign terrorist organizations. In short, it is the “material support” law:

the term “material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;

During oral argument on the now seminal defining case as to the astounding reach of this statute, Holder v. HLP, now Supreme Court Justice Elena Kagan argued, as Solicitor General, that even humanitarian lawyers could be charged and convicted under the wide ranging provisions:

JUSTICE KENNEDY: Do you stick with the argument made below that it’s unlawful to file an amicus brief?

GENERAL KAGAN: Justice Kennedy —

JUSTICE KENNEDY: I think I’m right in saying it that that was the argument below.

GENERAL KAGAN: Yes, I think that would be a service. In other words, not an amicus brief just to make sure that we understand each other. The Petitioners can file amicus briefs in a case that might involve the PKK or the LTTE for themselves, but to the extent that a lawyer drafts an amicus brief for the PKK or for the LTTE, that that’s the amicus party, then that indeed would be prohibited.

Kagan argued for an interpretation so broad that even the filing of an amicus brief would be violative of the material support prohibitions and the Supreme Court so held.

So, surely, the DOJ is going to heed the words and intent of the right honorable Justice Kagan over this report then, right?

The Iraqi government has promised to shutter Camp Ashraf — the home of the Iranian dissident group Mujahedeen e-Khalq (MEK) — by Dec. 31. Now, the United Nations and the State Department are scrambling to move the MEK to another location inside Iraq, which just may be a former U.S. military base.

The saga puts the United Nations and President Barack Obama’s administration in the middle of a struggle between the Iraqi government, a new and fragile ally, and the MEK, a persecuted group that is also on the State Department’s list of foreign terrorist organizations.

The Marxist-Islamist group, which was formed in 1965, was used by Saddam Hussein to attack the Iranian government during the Iran-Iraq war of the 1980s, and has been implicated in the deaths of U.S. military personnel and civilians. The new Iraqi government has been trying to evict them from Camp Ashraf since the United States toppled Saddam in 2003. The U.S. military guarded the outside of the camp until handing over external security to the Iraqis in 2009. The Iraqi Army has since tried twice to enter Camp Ashraf, resulting in bloody clashes with the MEK both times. (emphasis added)

Well, no, there will be no prosecution for aiding and abetting these terrorists. Now, in all Read more →

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The Dangers of Hiring BAE’s Mercenaries

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How stupid was Moammar Qaddafi, who reportedly hired the same mercenary firm that tried to take out Equatorial Guinea’s dictator in 2004?

A total of 50 private soldiers, including 19 South Africans, are reported to have travelled to Libya on instructions to smuggle the former dictator from his birthplace of Sirte over the border to Niger.

Among them were said to be members of the team led by former SAS officer Simon Mann on the “Wonga coup” to unseat Equatorial Guinea’s dictator.

In addition to Simon Mann, after all, those plotters also had ties to Mark Thatcher, Maggie’s kid. And in addition to Sir Mark’s involvement with that coup attempt, Thatcher was involved in the BAE kick-back scheme with Saudi Arabia. And that scheme reportedly funded covert operations … presumably things like the Wonga coup. Led by the same Saudi family the head of which Qaddafi allegedly tried to assassinate.

Perhaps, after Qaddafi’s “secret” deal with Britain on the Lockerbie bomber, he thought he could trust the same mercenaries tied to a very British coup. Or perhaps he was just in a pinch and couldn’t get any more reliable mercenaries to help him escape Libya.

But it appears Qaddafi shouldn’t have trusted these particular mercs.

It has been alleged that one of the security firms who provided mercenaries for the mission may have acted as a “double agent”, helping Nato to pinpoint Gaddafi’s convoy for attack, and that the dictator’s escape was “meant to fail”.

[snip]

A source in the private security sector said it was “highly likely” that one of those involved deliberately recruited mercenaries who were ill-equipped to handle the mission.

“These guys did not have the experience to be successful,” he said. “The formation of the convoy, the way they tried to leave Sirte, it’s clear they were meant to fail.

“Someone got paid to protect him and at the same time to deliver him.”

Which makes it all the more interesting that Hillary was hanging out in Libya they day before Qaddafi was assassinated. I have noted how convenient it is that Qaddafi didn’t survive to testify at the ICC about how Ibn Sheikh al-Libi was suicided so conveniently; the same is true of his Lockerbie deal. I guess if you own the mercs “protecting” someone, it becomes a lot easier to arrange such convenient assassinations?

I guess dictators today can’t find mercenaries like they used to.

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Afghanistan Exit Strategy: “Fight, Talk, Build” Working (for Fight, Anyway)

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Training exercise in Kandahar using helicopter from Afghan Air Force, September 17, 2011. (Army photo)

As the US stumbles around, trying to find its way out of a country it has occupied for over ten years, the path “forward” remains as murky as ever.  Just under two weeks ago, Secretary of State Hillary Clinton was chosen as the point person for introducing the new US catchphrase “fight, talk, build” that is meant to describe US strategy in the region.  As I noted at the time, the US seemed to completely miss the irony of using the country’s chief diplomat to introduce a new strategy that is based on the concept of shoot first and ask questions later.

We learn in this morning’s Washington Post that the US strategy of attacking the Haqqani network on both sides of the Pakistan border before starting serious efforts to hold talks with them has only increased the frequency of attacks from them.  As the remarkable passage from the Post below illustrates, the US had to endure no fewer than five large, high profile attacks from the Haqqani network before considering the possibility that the attacks could be a return of “fight” for “fight” and an attempt to improve the Haqqani position for later negotiations rather than the laughable early suggestion from the US that by resorting to more spectacular attacks, the Haqqanis were demonstrating that they had been weakened significantly:

This official and others acknowledged that the success of the strategy, which Secretary of State Hillary Rodham Clinton has described as “fight, talk and build,” depends on a positive outcome for several variables that currently appear headed in the wrong direction.

On Saturday, insurgents staged a suicide bomb attack in Kabul that killed at least 12 Americans, a Canadian and four Afghans. A similar truck bomb attack Monday left three United Nations employees dead in the southern city of Kandahar.

The attacks were the latest in a series of spectacular insurgent strikes that have made reconciliation seem remote. In September, the Pentagon blamed the Haqqani network for a truck bombing of a combat outpost west of Kabul that wounded 77 U.S. troops and for an assault by gunmen on the U.S. Embassy in Kabul.

A week after the embassy strike, a suicide bomber killed Burhanuddin Rabbani, the head of Afghanistan’s High Peace Council, which is in charge of reconciliation negotiations for the government.

U.S. officials have said they were unsure whether the attacks were a reflection of insurgent military weakness, a rejection of talks or a burst of aggression designed to improve the militants’ negotiating position — similar to the escalation of U.S. attacks on the Haqqani network.

That bit at the beginning should not be overlooked: the success of the “fight, talk, build” strategy “depends on a positive outcome for several variables that currently appear headed in the wrong direction.”  Mechanisms for reversing the current direction of these variables are not presented in the article.

Meanwhile, the first in a series of “conferences” has gotten underway in Turkey, with Afghan President Hamid Karzai meeting directly with Pakistan’s President Asif Ali Zardari. Parallel meetings between the two countries’ top military officers are also taking place. Clinton had been scheduled to join the conference tomorrow, but her trip was canceled yesterday, apparently because of her mother’s ill health (Update: there are reports on Twitter that Dorothy Rodham has died).  It looks as though the US feels talking can wait, as no replacement for Clinton at the conference has been announced.

While the Obama administration begins to think about preparing to maybe get the Pentagon perhaps to agree to withdraw a few more troops out of Afghanistan,  we see the terrain being softened a bit more for the eventual realization that all of the US efforts  and investments in “training” Afghan forces are destined for failure.  It appears from this article that David Petraeus, who is touted in the press as responsible for training when it is described as being successful, will escape blame for the failure in Afghanistan because William Caldwell is described in the article as having “overseen all NATO training in Afghanistan for the past two years”.  In true Petraeus fashion, the slate for the previous eight years is not just wiped clean, but ceases to exist.  Petreaus’ name does not appear in the article.

There is one truly refreshing bit of honesty that breaks through into the Reuters piece on training of Afghan troops:

But senior U.S. military officials admit that money has not always been spent in the wisest ways.

“We have received an awful lot of money from the U.S. government. We need to use it differently now,” said U.S. Army Major General Peter Fuller, deputy commander for programs and resources within the NATO training mission.

Another U.S. official in Kabul, who spoke on condition of anonymity, said the mission was buying up high-tech equipment to satisfy Washington, while more basic needs were ignored.

Yup.  “Training” Afghan forces turns out to be nothing more than an exercise in further lining the pockets of military contractors and the lawmakers who benefit from their lobbying.  With that driving force in mind, efforts to achieve a true exit from Afghanistan will face fierce resistance in Washington.

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Clinton, Petraeus Head to Pakistan for Talks While NATO Attacks Near Border

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Secretary of State Hillary Clinton shakes hands with Ambassador to Afghanistan Ryan Crocker on arrival in Kabul on Wednesday. (State Department photo)

Secretary of State Hillary Clinton and CIA Director David Petraeus will be in Islamabad today for talks amid somewhat calmer US-Pakistan relations and to set the stage for a possible negotiated end to hostilities in Afghanistan.  At the same time, NATO has been conducting raids for about a week on the Afghanistan side of the border with Pakistan, attempting to rid the area of members of the Haqqani network.

The previously escalated rhetorical battle between the US and Pakistan has been on a calming trajectory since reaching its highpoint when Joint Chiefs Chair Mullen claimed that the Haqqani network was a virtual arm of Pakistan’s ISI.  Amid these calming relations, Clinton arrives in Islamabad today after a visit to Kabul.

The visit to Afghanistan was aimed in part at boosting Afghanistan’s efforts to negotiate a settlement with the Taliban ahead of the US withdrawal from Afghanistan.  Those negotiations were dealt a severe setback when Burhanuddin Rabbani, the chief negotiator for Afghanistan, was killed last month by a suicide bomber.  As the Washington Post points out, the US and Afghanistan have not always agreed on how to proceed in the negotiations:

Clinton, who traveled to Kabul after visits to Libya and Oman, was scheduled to meet Thursday with President Hamid Karzai and other government and parliamentary leaders. Her trip comes at a time of increased tensions between U.S. and Afghan officials over how to pursue peace with the radical Islamist Taliban movement after a decade-long insurgency.

/snip/

U.S. officials are pushing for a negotiated settlement with the Taliban as a crucial step toward ending the conflict and have engaged in secret parallel talks with Taliban leaders, so far without success.

Karzai, who has criticized the secret U.S. talks, has urged a greater role for Pakistan in the reconciliation process, noting that many of the key Taliban commanders use Pakistan’s lawless tribal region as a base. The State Department official, who spoke on the condition of anonymity to discuss sensitive diplomatic matters, said Clinton “agrees with President Karzai that Pakistani cooperation is critical.”

Note that while differing on their approaches to negotiating with the Taliban, both Afghanistan and the US agree that Pakistan must do more to control militants, especially the Haqqani network.  However, the accusations of providing safe havens for the Haqqanis now seem to flow both directions: Read more →

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Scary Iran Plot: Making an International Case before Passing the Ham Sandwich Test

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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;

I want to return to something Manssor Arbabsiar’s attorney, Sabrina Shroff, said the other day. “If he is indicted, he will plead not guilty.”

I’ve suggested Shroff may have reason to believe Arbabsiar will get a plea deal before this ever goes to the grand jury. Which would mean no one would ever challenge the government on the many holes in this case [oh hey! that’s me at Atlantic.com]: the claimed lack of taped conversations, the explanation why Arbabsiar cooperated, some holes in the government’s money trail (at least as it appears in the complaint), the remarkable coinkydink Arbabsiar just happened to ask a DEA informant to help him kidnap the Saudi Ambassador, and some perhaps incorrect interpretations of existing tape transcripts.

It would be very convenient for the government if this never went to trial.

But think, for a moment, about the government’s actions in this affair. It rolled out a splashy press conference. Joe Biden has declared no options off the table; Susan Rice is “unit[ing] world opinion” against Iran. And if that doesn’t work, Hillary Clinton will make personal calls followed by onsite teams to persuade allies that this whole plot isn’t a bunch of bupkis.

We have rolled out a giant campaign to use this plot to do … something … with Iran.

But it has yet to pass the ham sandwich test.

Our government has had eleven business days now to subject its amended case to the scrutiny of a grand jury, it had two and a half months to subject its original case to the scrutiny of a grand jury, and it hasn’t yet bothered to do so. We’re sharing our case with the rest of the world before we’re subjecting it to the most basic level of oversight enshrined in our Constitution. Instead of using the legal process laid out in our founding document, we’ve gotten the signature of a Magistrate Judge and run off with it to the rest of the world. And while I have no doubt of the competence of Magistrate Judge Michael Dolinger, the judge who signed the complaint in this case, that’s simply not the way our judicial system is supposed to work. Average citizens are supposed to review the work of the government when it makes legal cases, not just Magistrates.

All of which ought to raise real questions why our government has decided to share these details with the rest of the world, but bypassed the step where they’re supposed to share them with its own citizens.

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The Iran “Plot”: Hillary Tries to Involve the UN

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Hillary Clinton has invoked a UN treaty protecting diplomats and country leaders in her effort to turn the absurd Iranian plot into an international incident.

If they were involved in a plot to kill Saudi Ambassador Adel al-Jubeir, that would likely violate the U.N. Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons.

[snip]

Secretary of State Hillary Clinton made a point on Wednesday of noting that Iran had agreed to the U.N. treaty.

“This kind of reckless act undermines international norms and the international system. Iran must be held accountable for its actions,” she said.

The United States has two options if Iran officially rejects the case, including pursuing action at the U.N. Security Council. That was done when Libya refused to hand over two men accused of the Pan Am 103 bombing over Lockerbie, Scotland.

The United States or Saudi Arabia could bring it to the United Nations and argue that “these are very obvious violations and for the Security Council to do nothing in light of this major attempted violation cheapens the words” of the treaty, Kaye said.

Another option, if there is a dispute under the U.N. treaty for protected persons, is that one side can seek an arbitration and ultimately a ruling from the Court of International Justice, located in the Netherlands.

How convenient that this plot would so neatly provide the US and Saudi Arabia opportunity to start demanding the extradition of Qods Force leaders.

But given the Intelligence Community’s acknowledged, though still unexplained role in this plot, and given that the development of a kidnapping plot into an assassination plot (both are covered by the UN treaty) may have happened during conversations where our experienced DEA informant somehow forgot to press the button on his tape recorder, and given that the FBI coached the DEA agent to invent all the details of this plot (including, potentially, its location in DC), shouldn’t Hillary be a little more cautious before she calls for the extradition of those who dreamt up this plot?

It would be terrible if our own people were held accountable for one of the many acts of attempted terrorism they’ve either incited or encouraged, after all.

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“Terrorists are cowards. Torturers are, too.”

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Former Gitmo prosecutor Morris Davis makes, in really powerful fashion, a point I’ve been contemplating: how does Hillary Clinton get off criticizing the torture of Syrian teenager Hamza Ali al-Khateeb or Pakistani journalist Syed Saleem Shahzad when we have done nothing to hold those who tortured Mohammed al-Qahtani accountable? (h/t Michelle Shephard)

In the fall of 2005, when I was chief prosecutor for the military commissions at Guantanamo Bay, Cuba, I sat down for a lengthy discussion with a veteran member of the prosecution team, a Marine Corps officer with an extensive background in criminal prosecution. We discussed a case that caused him concern, one he said he was not comfortable prosecuting. After describing some of the specifics of the detainee’s treatment at Guantanamo, which was documented in official records, the prosecutor said: “Sir, they fucked with him and they fucked with him until now he’s as crazy as a shit-house rat.” In an interview with Bob Woodward published in the Washington Post in January 2009, Susan Crawford, the Bush administration official who supervised the military commissions, explained why she refused to send the same case to trial when it reached her desk in the spring of 2008. “We tortured Qahtani,” she said, “His treatment met the legal definition of torture.”

The alleged torture of Hamza Ali al-Khateeb, Syed Saleem Shahzad, and Mohammed al Qahtani by government agents that signed the Convention Against Torture begs the question, is a law that is ignored worth the paper it is written on?

If we want to criticize others for their crimes, Davis argues, then we need to practice what we preach.

Who decides which obligations are truly obligatory and which means go too far to ever justify the ends? Chemical weapons may have been a fast and convenient way to defeat the Taliban and al Qaeda in the rugged Tora Bora region in late 2001 and may have killed Bin Laden a decade earlier, but is effectiveness, or that it might work, or that others do it justification to violate the Chemical Weapons Convention prohibitions and commit a war crime? If the standard is the United States decides ad hoc which commitments it will honor and which it will not then it should be honest and repudiate those it considers non-binding and the sense to stop the hypocritical criticism of others that fail to live up to its “do as we say, not as we do” example. On the other hand, if the United States means what it says about the rule of law, it has to demonstrate that it practices what it purports to preach.

And he ends by calling on decent people to reclaim our national moral compass.

Do decent human beings have the temerity to stand up and insist the law be enforced? Does the United States have the integrity to lead by example, or has the government engaging in torture become as accepted as government official lying when the truth is inconvenient? We need to find our moral compass.

Go read it.

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Hillary Picks Cheney Aide to Replace PJ Crowley

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It’s bad enough that Obama didn’t clear out the Cheney folks burrowed into the permanent bureaucracy. Now the Obama Administration will appoint former Cheney aide Victoria Nuland to replace PJ Crowley as State Department spokesperson.

Victoria “Toria” Nuland, the current U.S. special envoy for conventional forces in Europe and a former U.S. ambassador to NATO, will be named the new spokesperson for the State Department this week, officials and foreign policy hands told the Envoy.The State Department did not provide comment in response to queries. Nuland did not respond to  a query.

The appointment is expected to be announced by Secretary of State Hillary Clinton as early as Monday, sources told the Envoy.

Nuland, a career foreign service officer, has previously served as U.S. Ambassador and deputy ambassador to NATO, former principal deputy national security adviser to then Vice President Dick Cheney, and as chief of staff to Clinton-era Deputy Secretary of State Strobe Talbott, now President of the Brookings Institution.

Well, I guess one way to make sure someone doesn’t go off the reservation like PJ Crowley did is to appoint a former Cheney aide.

Though I do hope Hillary recalls how Cheney sabotaged Colin Powell’s efforts at State Department with his agents there (people like John Bolton).

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Eric Holder Claims Rule of Law Exists in Cyberspace

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Just days after asking Congress not to give the intelligence community a hard deadline to put a basic cybersecurity measure into place, the Obama Administration rolled out a cybersecurity strategy yesterday with great fanfare. The event itself seemed designed to bring as many Cabinet Secretaries into one place at one time–Hillary Clinton, Gary Locke, Janet Napolitano, and Eric Holder, along with DOD Deputy Secretary William Lynn and White House Cybersecurity Coordinator Howard Schmidt–to give the appearance of real cooperation on cyberspace issues.

The strategy itself is still mostly fluff, with paragraphs like this:

This future promises not just greater prosperity and more reliable networks, but enhanced international security and a more sustainable peace. In it, states act as responsible parties in cyberspace—whether configuring networks in ways that will spare others disruption, or inhibiting criminals from using the Internet to operate from safe havens. States know that networked infrastructure must be protected, and they take measures to secure it from disruption and sabotage. They continue to collaborate bilaterally, multilaterally, and internationally to bring more of the world into the information age and into the consensus of states that seek to preserve the Internet and its core characteristics.

And loaded paragraphs like this, in the section on military goals:

Recognize and adapt to the military’s increasing need for reliable and secure networks. We recognize that our armed forces increasingly depend on the networks that support them, and we will work to ensure that our military remains fully equipped to operate even in an environment where others might seek to disrupt its systems, or other infrastructure vital to national defense. Like all nations, the United States has a compelling interest in defending its vital national assets, as well as our core principles and values, and we are committed to defending against those who would attempt to impede our ability to do so.

Lucky for DOD, there was no discussion of deadlines anywhere in the document, so they didn’t have to admit their plan to “adapt to the military’s increasing need for reliable and secure networks” was a long term project.

And then the strategy had a lot of language about norms, which places our cybersecurity strategy in the paradigm and language of international regime development from foreign relations (interestingly, Hillary started off the parade of Secretaries, further emphasizing this diplomatic approach).

But what struck me most about this dog and pony show, delivered on the day SCOTUS endorsed the executive branch’s efforts to hide torture behind the invocation of state secrets, was Eric Holder’s discussion about rule of law in cyberspace.

In recent months, the Justice Department has announced takedowns of significant criminal groups operating from Romania, Egypt, and elsewhere that had been victimizing American businesses and citizens – including children.  We’ve also brought multiple criminal conspirators to justice for their roles in coordinated cybercrimes that, according to court documents, netted nearly 1.5 million dollars from U.S. victims.  And, just a few weeks ago, we announced an operation to disable an international criminal network that had infected more than two million computers worldwide with malicious software.  Until we stepped in – with the help of industry and security experts, as well as key international partners – this malware was allowing criminals to capture bank account numbers, user names, and other sensitive and financial information online.

While we can all be encouraged by these and other successes, we cannot become complacent.  As President Obama has repeatedly indicated – we must, and we will, take our global fight against cyber threats to the next level.  The strategy that we are announcing today is an affirmation of that promise.  It reinforces our nation’s support for the Budapest Convention –and for efforts to establish the rule of law in cyberspace.   It also reflects our ongoing commitment to prevent terrorists and other criminals from exploiting the Internet for operational planning or financing – or for the execution of attacks. [my emphasis]

We’re going to build rule of law in cyberspace apparently. Sort of like an extraterrestrial colony to preserve a way of life that used to exist on Earth (or at least in the US), but no longer does.

So rest assured, if this cyberstrategy is successful, we can expect rule of law in cyberspace as compensation for the fact that the government has destroyed rule of law in meatspace.

Oh, on that note, there was no discussion of any investigation into how it was that a media outlet, Wikileaks, was attacked with a sophisticated DDOS attack, ultimately damaging free speech.

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