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Ron Wyden: There Is More than One Targeted Killing Memo

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I’ve been comparing Ron Wyden’s February 2012 letter demanding the authorization the Administration uses to kill American citizens with the one he sent John Brennan last week.

It’s striking how similar the letters are, particularly given the Administration’s drone publicity tour last year, between the time Wyden wrote the two letters. Wyden dismisses the value of the publicity tour in his latest letter.

Both you and the Attorney General gave public speeches on this topic early last year, and these speeches were a welcome step in the direction of more transparency and openness, but as I noted at the time, these speeches left a larger number of important questions unanswered. A federal judge recently noted in a Freedom of Information Act case that “no lawyer worth his salt would equate Mr. Holder’s statements with the sort of robust analysis that one finds in a properly constructed legal opinion,” and I assume that Attorney General Holder would agree that this was not his intent.

And in fact, what’s most striking is how similar some key features of the letters are.

For example, the list of questions Wyden appends to his later letter largely repeats and expands on questions Wyden poses in his earlier letter; the only new questions are (these are my summaries):

  • What standard is used to determine whether it is feasible to capture a particular American.
  • What is the rationale for applying Ex Parte Quirin, Hamdi v. Rumsfeld, and Mathews v. Eldridge to the question of when the President may legally kill an American?
  • What impact does Holder’s reference to the use of lethal force “outside the hot battlefield in Afghanistan” have on the applicable legal principles of due process laid out in Hamdi?

And given my contention that Judge Colleen McMahon, in her opinion denying ACLU and NYT’s request for the drone killing opinion, suggested there were multiple opinions, some of them pertaining solely to CIA, and potentially invoked the Gloves Come Off Memorandum of Notification, I’m especially interested in these two details that remained consistent over the two Wyden letters.

First, in both letters Wyden refers to legal opinions–in the plural. Here’s the first letter.

Senior intelligence officials have said publicly that they have the authority to knowingly use lethal force against Americans in the course of counterterrorism operations, and have indicated that there are secret legal opinions that explain the basis for this authority.

[snip]

The Director indicated that he would have liked to be responsive to my request, but he told me that he did not have the authority to provide formal written opinions of the Department of Justice’s Office of Legal Counsel to Congress.

 

So, as you will remember, I called you in April 2011 and asked you to ensure that the secret Justice Department opinions that apparently outline the official interpretation of this lethal authority were provided to Congress.

[snip]

For the executive branch to claim that intelligence agencies have the authority to knowingly kill American citizens (subject to publicly unspecified limitations) while at the same time refusing to provide Congress with any and all legal opinions that delineate the executive branch’s understanding of this authority represents an indefensible assertion of executive prerogative, and I expected better from the Obama Administration.

[snip]

So I request, again, that you provide me with any and all legal opinions regarding the authority of the President, or individual intelligence agencies, to kill Americans in the course of counterterrorism operations. [my emphasis]

And here’s the Brennan letter.

I have asked repeatedly over the past two years to see the secret legal opinions that contain the executive branch’s understanding of the President’s authority to kill American citizens in the course of counterterrorism operations.

Senior intelligence officials have said publicly that they have authority to knowingly use lethal force against Americans in the course of counterterrorism operations, and have indicated that there are secret legal opinions issued by the Justice Department’s Office of Legal Counsel that explain the basis for this authority. I have asked repeatedly to see these opinions, and I have been provided with some relevant information on the topic, but I have yet to see the opinions themselves.

[snip]

As I have said before, this situation is unacceptable. For the executive branch to claim that intelligence agencies have the authority to knowingly kill American citizens but refuse to provide Congress with any and all legal opinions that explain the executive branch’s understanding of this authority represents an alarming and indefensible assertion of executive prerogative. [my emphasis]

I’m especially intrigued by Wyden’s repetition of “any and all,” as if he suspects the Administration might hide the existence of one by revealing the existence of only one more respectable one–a suggestion I myself have made.

And given that Wyden seems certain there are more than one opinions authorizing the President to kill American citizens, I find this question–raised in both letters–very provocative.

Is the legal basis for the intelligence community’s lethal counterterrorism operations the 2001 Congressional Authorization for the Use of Military Force, or the President’s Commander-in-Chief authority?

I assume “President’s Commander-in-Chief authority”–which is the formulation Stephen Preston used in his speech on targeted killing, in contradistinction to the formulation Holder and everyone else used–is shorthand for “authorized under the National Security Act.” That is, I assume “President’s Commander-in-Chief authority” is a polite way to invoke covert operations.

Here you have a member of the Senate Intelligence Committee–the members of which according to the same law that permits the President to unilaterally authorize covert operations must be briefed on those covert operations–revealing complete ignorance as to whether the President’s execution of US citizens was done as a covert op or a legally military one.

Along with a bunch of other troubling things, these details from Wyden’s letters reveal something else. The Obama Administration is playing the same shell game with the authorization to kill American citizens that the Bush Administration played with the illegal wiretap program: waving the AUMF around as purported Congressional sanction all the while insisting that the President could–and appears to have, in this case, given the strong hints in McMahon’s opinion–unilaterally approve such actions without Congressional sanction.

The evidence is building that the Administration believes it can–and did, in the case of Anwar al-Awlaki–simply kill an American based solely on the President’s say-so, under the National Security Act.

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Drone Fallout in Pakistan; Falling Drone in Afghanistan

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Marcy has been dutifully noting the alignment of forces behind the Czar of Moral Rectitude, John Brennan, in his nomination to be Director of the CIA, as well as the disclosure over the weekend that although a rule book is being drawn up to govern drone strikes, Brennan will be given a free pass for a year or so to avoid any rules for strikes in Pakistan. Who could object to having no rules in Pakistan?

Oh, well, there are the Pakistanis:

Pakistan has asked the United States to halt its highly controversial drone campaign following reports that US President Barack Obama’s administration was planning to give the Central Intelligence Agency (CIA) a “free hand” to continue its remotely-controlled war in tribal regions.

The issue was raised by Foreign Minister Hina Rabbani Khar in a meeting with Richard Olson, the US ambassador in Islamabad, on Tuesday, a foreign ministry official told The Express Tribune.

Foreign Minister Khar voiced her concern over reports that the CIA would step up its drone campaign in the tribal areas along the border with Afghanistan, said the official, who wished not to be named.

She also urged Ambassador Olson to explain his government’s position on the new “playbook” for targeted killings, which would not apply to Pakistan. This, according to The Washington Post, means the CIA will continue to hunt for al Qaeda and its Taliban cohorts in the tribal regions for a year or so before the new rules become applicable to it.

But the fallout from the drone campaign in Pakistan is not limited to the political arena only. Drone strikes are claimed to be targeted, but targeting relies heavily on intelligence. It appears that those targeted have found and executed a man believed to be a spy assisting in drone targeting:

Militants on Wednesday dumped the mutilated body of a purported Afghan spy accused of collaborating on US drone strikes that killed prominent warlord Mullah Nazir in South Waziristan this month, officials said.

The body of the man identified as Asmatullah Kharoti was found in Wana, the main town of the South Waziristan tribal district, which borders Afghanistan.

Local officials said he had been shot dead and there were wounds on his neck.

Two notes on the body ordered the remains to be left on the roadside until 10:00 am “so that everyone could see the fate of spies”, and the second accusing him of being a spy and being responsible for US drone attacks.

Kharoti was accused of “tagging” militants with an electronic marker:

Two militants from Nazir’s group who spoke to AFP accused Kharoti of giving Nazir a digital Quran, fitted with chips to track his movements, during a meeting at an undisclosed location in Afghanistan.

“He presented Nazir and others digital Qurans as a gift which were fitted with chips which help US drones strike their targets,” one of the militants said.

“When Mullah Nazir was returning, US drones fired missiles at him in a Pakistani area,” he said.

I’m guessing that many digital Qurans will be found in roadside ditches in the next few days.

While fallout from US drone operations in Pakistan continues, drones themselves are falling in Afghanistan. Well, at least one did yesterday:

A spy drone belonging to the US-led forces in Afghanistan has crashed in the country’s southeastern Paktika Province, Press TV reports.

The aircraft went down in the Jani Khel district of the Afghan province on Tuesday.

Taliban militants claimed that they had downed the spy drone.

NATO confirmed the crash in a statement on Wednesday. However, it did not provide any details about the cause of the incident.

But don’t worry. I’m sure that our benevolent drone dictator can keep both the rules and the drones up in the air a bit longer.

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Crowd of Unilateral Lawyers Applaud Unilateral Operator

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Sarah Cleveland? Not a judge. Greg Craig? Not a judge. William Dodge? Not a judge. Jeh Johnson? Not a judge. David Kris? Not a judge. David Martin? Not a judge. Daniel Meltzer? Not a judge. And Trevor Morrison?

Also not a judge.

Nevertheless, these eight lawyers–all of whom served the function of interpreting the law for the Executive Branch within the Executive Branch for Obama (and, in Kris’ case, for Bush)–assure you that John Brennan will uphold our laws.

Throughout his tenure as Assistant to the President for Homeland Security and Counterterrorism in the Obama Administration, John Brennan has been a persistent and determined leader in support of adherence to the rule of law, a principled commitment to civil liberties and humanitarian protection, and transparency. On a broad range of issues, he has endeavored to ensure that the national security practices of the United States Government are based on sound long-term policy goals and are consistent with our domestic and international legal obligations, as well as with broader principles of democratic accountability. John Brennan has been a steadfast champion of the President’s commitment to closing the detention facility at Guantánamo, and has urged that our Article III courts remain a vital tool in our counterterrorism toolbox. He has stood firmly with the President’s efforts to ensure that interrogations are conducted in accord with the law and our values. And he has worked to ensure that the responsible and effective pursuit of our counterterrorism objectives will not depend simply on the good instincts of officials, but will instead be institutionalized in durable frameworks with a sound legal basis and broad interagency oversight.

[snip]

John Brennan understands that adherence to the Constitution and the rule of law serve, rather than undermine, our national security interests. Time and again, he has demonstrated seasoned wisdom and judgment in responding to our nation’s greatest national security threats, and he has consistently reaffirmed his core commitment to conducting our national security and counterterrorism policy in a fashion that comports with our deepest values. [my emphasis]

Sure, there are a few tells–such as the boast that his pursuit of counterterrorism objectives will be institutionalized in a broad interagency–not interbranch–oversight. Or, on the reverse, the claim that John Brennan–whose solution to the National Counterterrorism Center’s failure to fulfill minimization requirements was just to open up all Federal databses to NCTC without that minimization–has a “principled commitment to civil liberties.”

But mostly, it’s the structural problem here. Regardless of what John Brennan himself believes–and all the public evidence suggests these lawyers are too close to judge and perhaps just a little seduced by the old spook–this Administration doesn’t stand for any of these things.

More importantly, this Administration has refused just about every opportunity to have someone else–lawyers and judges who hadn’t counseled these policies from the start–weigh these issues. The Administration has shown great disdain for both democratic accountability and Article III courts. It has ensured that interrogations–both those conducted under Bush and those conducted in dark prisons under Obama–never be tested for whether they accord with the law. Indeed, Obama’s Administration has gone to great lengths to hide our torture from international oversight and even from litigants in our own courts.

So even assuming John Brennan is the nice guy these lawyers say he is–an assumption that defies the evidence–they’re still damning Brennan with the same illegitimate argument the Obama Administration has always relied on:

Trust us.

They are emphasizing precisely why John Brennan’s success in an Administration that has refused even basic oversight should not be sufficient for confirmation to lead a secretive agency.

And while in any other week I might be inclined to grant David Kris’ word great weight, not this week. After all, Kris warned we might get into trouble with Hamdan’s material support for terrorism conviction years ago. Nevertheless, the Obama Administration is treating Gitmo with the same Kangaroo arrogance that Bush did, refusing to take the DC Circuit’s ruling on Hamdan as law, overriding their own prosecutor at Gitmo. This Administration–Brennan’s Administration–is defiant of even the warnings Kris offered years ago. So when Kris and other lawyers boast that Brennan will be a great leader consistent with Obama’s policies…

He is also exceptionally qualified to provide leadership and direction to the Agency, consistent with President Obama’s national security objectives.

… It’s shouldn’t exactly count as a glowing endorsement.

Sure, this letter to Dianne Feinstein in support of Brennan’s nomination will work. It’ll provide cover for all the evidence that Brennan is none of these things. At the very least, it’ll force a few Democrats on the Senate Intelligence Committee to consider whether they’re prepared to admit that Obama’s policies exhibit none of this respect for rule of law. Which they aren’t, yet. So it’ll serve its purpose.

The last actual judge who got a glimpse at the Obama Administration’s claim to abide by the rule of law had this to say:

I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping reasons for their conclusion a secret.

John Brennan is the knave of this Alice in Wonderland system of legal justice.

I take that as a far better read of Brennan’s fitness to be CIA Director than the word of the Queen of Hearts’ other cards up her sleeve.

Update: Conor Friedersdorf does more fact-checking of the claims in the letter.

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Rather than Lying to Congress, CIA Now Blows It Off

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Five months into Obama’s first term, then-CIA Director Leon Panetta caused a scandal by telling Congress about Blackwater-staffed assassination squads deployed under the Bush Administration; we would ultimately learn the program was run by a still-active mafia hitman.

Partly in response and partly because of the CIA’s lies to Congress under the Bush Administration, the Intelligence Committees began to tie funding to full briefing of the Committees, rather than just Gang of Eight (which were really Gang of Four) briefings Bush used to avoid oversight. The White House responded by issuing a veto threat if Congress violated the “fundamental compact” of letting CIA operate with almost no oversight. In response, after adding the shoot-down of a missionary plane to the scope, then House Intelligence Chair Silvestre Reyes got Pete Hoekstra to support an investigation into all the times CIA lied to Congress, which Reyes announced in July 2009. By October 2009, the House Intelligence Committee released its preliminary conclusion that CIA had lied to Congress on at least five occasions. In summer 2010, Nancy Pelosi got pissed. In October 2010, Obama finally signed Intelligence Authorization purportedly agreeing to new oversight. In November 2010, Reyes released the final results of the HPSCI inquiry, which showed that “in several specific instances, certain individuals did not adhere to the high standards set forth by the Intelligence Community and its agencies.” However, he said, most of the problems were fixed with that year’s Authorization. In the next Congress, Reyes would be replaced as Ranking Member at HPSCI by Dutch Ruppersberger, a servant to the NSA.

From June 2009 until October 2010, a Democratic Congress and the Obama Administration were engaged in a surprisingly contentious argument over whether the Administration would permit Congress to engage in adequate oversight of the Intelligence Community. In October 2010, the Administration purportedly agreed to abide by the clear terms of the National Security Act, which requires briefing of all members of the Intelligence Committees on covert programs.

With that in mind, consider the timeline suggested by Senate Intelligence Committee member Ron Wyden’s letter to John Brennan (see also this post).

December 2010: Wyden and Russ Feingold ask Eric Holder about “the interpretation of a particular statute” (probably having to do with online privacy)

Before January 2011: Wyden asks about targeted killing authority

April 2011: Wyden calls Eric Holder with questions about targeted killing authority

May 2011: Intelligence Community provides some response to Wyden, without answering basic questions

Before January 2012: Wyden asks for “the complete list of countries in which the intelligence community has used its lethal counterterrorism authorities”

Early 2012: Wyden repeats request for response to letter about a particular statute (probably online privacy)

February 2012: Wyden renews his request for answers on targeted killing

In October 2010, the Obama Administration agreed to let Congress oversee the Intelligence Community’s activities.

Almost immediately thereafter, the Administration started stonewalling Wyden, a member of one of those Committees with supposedly renewed oversight authority, on at least three issues (though two–the lethal authority and the targeted killing–are closely related). (As I’ll discuss in a follow-up post, they also blew off Wyden’s request to revoke an OLC opinion that probably guts Americans’ privacy.)

And remarkably, one of the topics on which the IC is stonewalling Wyden–where the IC has engaged in lethal counterterrorism authorities–may well be precisely the issue that set off this process back in June 2009, the use not just of drones to kill alleged terrorists, but also assassination squads.

Even as Wyden made this timeline clear, he also revealed not only that the CIA lied to all the outside entities overseeing its torture program, but continues to lie to the American people about that program.

As Obama’s top counterterrorism advisor and an at least tangential participant in the earlier decisions on the “lethal counterterrorism authorities,” John Brennan has presumably been instrumental in the continued stonewalling of Congress. In a few weeks, he hopes to be approved to lead the CIA.

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Senate Intelligence Torture Report: CIA Lied to the White House and the Public

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I’m going to have a few more posts on Ron Wyden’s letter to John Brennan in advance of Brennan’s confirmation hearing.

In light of the Zero Dark Thirty debate and Dianne Feinstein’s spat with Michael Morell, I find this passage rather interesting.

I am particularly interested in getting your reaction to the report’s revelation that the CIA repeatedly provided inaccurate information about its interrogation program to the White House, the Justice Department, and Congress, and your view on what steps should be taken to correct inaccurate statements that were made to the public.

Frankly, it shouldn’t be a “revelation” that CIA lied to the Justice Department and Congress, at least. As I was able to show from publicly released documents, CIA was running an op on Congress. And it presented misleading documents to DOJ, both in terms of details about the techniques CIA would use as well as the crimes committed under the torture program (though I think both Congress and especially DOJ allowed themselves to be lied to at various points).

Nevertheless, it is apparently a significant conclusion of the torture program that CIA was lying to every potential avenue of oversight over their program.

Frankly, any approach to Brennan’s confirmation hearings that doesn’t also demand public release of the torture report would be yet more dereliction of Congress’ oversight role (either in his role in the White House or his prospective role at CIA, John Brennan would seem to have a significant role in Classification Authority for the torture program, so it should be a fair demand). Sadly, we probably won’t get it.

But even as a slew of journalists and film critics debate whether ZD30 is a CIA effort to pitch their torture program in the best light or not, we have yet more confirmation that CIA lied … to everyone (except maybe Cheney and Addington?).

Even as Wyden asks Brennan what steps he’ll take to make sure CIA doesn’t lie to every entity exercising oversight over it, Zero Dark 30 continues to pack theaters and convince squishy liberals torture worked.

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Why Should We Believe the Fine Rhetoric in Obama’s Inauguration Address?

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During Barack Obama’s second inaugural address yesterday, many on the left were actually mentioning tears of joy, especially when it came to this passage quoted by AP via Yahoo:

“We must make the hard choices to reduce the cost of health care and the size of our deficit. But we reject the belief that America must choose between caring for the generation that built this country and investing in the generation that will build its future,” he said. “The commitments we make to each other — through Medicare, and Medicaid, and Social Security — these things do not sap our initiative; they strengthen us. They do not make us a nation of takers; they free us to take the risks that make this country great.”

Despite Obama’s slap-down here of Romney and Ryan’s demonization of “takers” during the presidential campaign, Obama is contradicting his own record here. It is clear that he has been itching to cut Social Security and Medicare as one of his signature moves. Here is Matt Bai during the pitched battle of the fiscal cliff last month:

None of this is theoretical or subjective. It’s spelled out clearly in the confidential offers that the two sides exchanged at the time and that I obtained while writing about the negotiations last spring.

In his opening bid, after the rough framework of a grand bargain was reached, Mr. Boehner told the White House he wanted to cut $450 billion from Medicare and Medicaid in the next decade alone, with more cuts to follow. He also proposed raising the retirement age for Social Security and changing the formula to make benefits less generous.

Mr. Obama wasn’t willing to go quite that far. But in his counteroffer a few days later, he agreed to squeeze $250 billion from Medicare in the next 10 years, with $800 billion more in the decade after that. He was willing to cut $110 billion more from Medicaid in the short term. And while Mr. Obama rejected raising the retirement age, he did acquiesce to changing the Social Security formula so that benefits would grow at a slower rate.

Also last month, Yves Smith and Bruce Bartlett appeared on Bill Moyers’ show to discuss this point:

YVES SMITH: Obama wants to cut entitlements. He said this in a famous dinner with George Will. I think it was even before he was inaugurated. He went and had dinner with a group–

BRUCE BARTLETT: That’s right, a group of conservatives.

YVES SMITH: He met a group of conservatives. And he made it very clear at this dinner that as soon as the economy was stabilized that he wanted to cut Social Security, well “reform.” But that’s just code for “cut” Social Security and Medicare. Obama really believes that this will be a signature accomplishment of his. That he will go down in history positively for.

BRUCE BARTLETT: That’s right. If you go back to 2011 and look at the deal Obama put on the table, he was willing to make vast, vast cuts in entitlement programs. And the Republicans walked away from it, which only goes to prove that they don’t have the courage of their own convictions. But Yves point is exactly correct. Obama really is maybe to the right of Dwight Eisenhower and fiscally. And it’s really at the root of so many of our economy’s problems, because he didn’t ask for a big enough stimulus. Has let the housing sector, basically, fester for four years without doing anything about it. He’s really, you know, focused more on cutting the deficit than people imagine.

Once the tears of joy get wiped away over the beautiful words Obama delivered, it would be best to stand guard against his actions, which almost certainly will be the exact opposite. To believe this is true, all we have to do is look at the great signature moves from Obama’s first inauguration. As Marcy pointed out yesterday, one of the first documents Obama signed the first time around was his executive order “closing” Guantanamo. This time, Gitmo is still open with no prospect of closing and one of Obama’s first signatures was to nominate his drone czar as Director of the CIA.

Another of Obama’s first signatures last time was on this executive order that purported to ensure “lawful interrogations”. As I wrote back in 2010, much was made of Obama using the order to end the practice of the CIA using secret sites for detention of prisoners, but there was no parallel language ending the practice for JSOC. In my post yesterday, I noted how the JSOC’s role in training those responsible for Afghanistan’s detention program have failed to eliminate torture and ensure lawful interrogations. Not mentioned in yesterday’s post is the fact that the UN report cited also notes that Afghanistan also maintains secret detention sites, just as Obama outlawed for CIA but allowed to continue for JSOC.

I see no reason to get choked up over yesterday’s rhetoric from Obama. Instead, I’m going to keep a close eye on what he does.

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This Term’s Inauguration Day Order: Nominate Drone Assassination Czar CIA Director

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Four years ago, the first act President Obama took after swearing to protect and defend the Constitution was to order the closure of Gitmo.

Rather than closing Gitmo, Obama’s Administration greatly expanded our prison in Bagram, and gutted habeas so as to keep a probably innocent man in Gitmo; that man has since died under suspicious circumstances.

Today, on this day celebrating the heroism of Martin Luther King Jr., Obama’s first act will be equally as symbolic as last term’s–though it will likely be a good deal more honest about the direction of his Administration.

Along with Jack Lew, John Kerry, and Chuck Hagel to their new posts, Obama will formally nominate John Brennan, his Drone Assassination Czar, to lead the CIA.

Update: And he just signed it, just after swearing to protect the Constitution.

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John Brennan’s Rules: John Brennan Doesn’t Have to Play by the Rules

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While I’m happy about the news that John Brennan, the Moral Rectitude Drone Assassination Czar, managed to finish his Drone Rules before he left to become CIA Director, I laughed my ass off when I read this.

U.S. officials said the effort to draft the playbook was nearly derailed late last year by disagreements among the State Department, the CIA and the Pentagon on the criteria for lethal strikes and other issues. Granting the CIA a temporary exemption for its Pakistan operations was described as a compromise that allowed officials to move forward with other parts of the playbook.

The decision to allow the CIA strikes to continue was driven in part by concern that the window for weakening al-Qaeda and the Taliban in Pakistan is beginning to close, with plans to pull most U.S. troops out of neighboring Afghanistan over the next two years. CIA drones are flown out of bases in Afghanistan.

“There’s a sense that you put the pedal to the metal now, especially given the impending” withdrawal, said a former U.S. official involved in discussions of the playbook. The CIA exception is expected to be in effect for “less than two years but more than one,” the former official said, although he noted that any decision to close the carve-out “will undoubtedly be predicated on facts on the ground.”

Sure enough, writing a rule book that included a giant exemption was premised on the notion that the Moral Rectitude Drone Assassination Czar doesn’t need rules.

Officials said concerns about the CIA exemption were allayed to some extent by Obama’s decision to nominate Brennan, the principal author of the playbook, to run the CIA.

So glad we’re sending a guy who already can’t play by his own rules to run the Agency. Just what the CIA needs!

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Did John Brennan Create the Loopholes CIA Used to Help Spy on New Yorkers?

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There’s one question I haven’t seen anyone ask but which seems utterly critical to John Brennan’s fitness to be CIA Director.

Back when the AP was first exposing how the CIA set up a spying program for the NYPD, they asked John Brennan about it. He professed to be “intimately familiar” with the program.

President Barack Obama’s homeland security adviser, John Brennan, who was the deputy executive director the CIA when the NYPD intelligence programs began, said he was intimately familiar with the CIA-NYPD partnership. He said that agency knew what the rules were and did not cross any lines.

As the program got more attention last year, Brennan even went to NYC to personally give the domestic spying program his seal of approval.

The White House added its stamp of approval a month later when President Obama’s top counterterrorism adviser John Brennan visited police headquarters.

“I have full confidence that the NYPD is doing things consistent with the law, and it’s something that again has been responsible for keeping this city safe over the past decade,” he said.

Remember, this program is offensive not just because it spies on so many Americans and in such incompetent fashion. It’s offensive because it involved the CIA in training NY Police Officers in CIA spy techniques.

These operations have benefited from unprecedented help from the CIA, a partnership that has blurred the line between foreign and domestic spying.

[snip]

David Cohen arrived at the New York Police Department in January 2002, just weeks after the last fires had been extinguished at the debris field that had been the twin towers. A retired 35-year veteran of the CIA, Cohen became the police department’s first civilian intelligence chief.

Cohen had an exceptional career at the CIA, rising to lead both the agency’s analytical and operational divisions. He also was an extraordinarily divisive figure, a man whose sharp tongue and supreme confidence in his own abilities gave him a reputation as arrogant. Cohen’s tenure as head of CIA operations, the nation’s top spy, was so contentious that in 1997, The New York Times editorial page took the unusual step of calling for his ouster.

[snip]

Among Cohen’s earliest moves at the NYPD was making a request of his old colleagues at CIA headquarters in Langley, Va. He needed someone to help build this new operation, someone with experience and clout and, most important, someone who had access to the latest intelligence so the NYPD wouldn’t have to rely on the FBI to dole out information.

CIA Director George Tenet responded by tapping Larry Sanchez, a respected veteran who had served as a CIA official inside the United Nations. Often, when the CIA places someone on temporary assignment, the other agency picks up the tab. In this case, three former intelligence officials said, Tenet kept Sanchez on the CIA payroll.

When he arrived in New York in March 2002, Sanchez had offices at both the NYPD and the CIA’s station in New York, one former official said. Sanchez interviewed police officers for newly defined intelligence jobs. He guided and mentored officers, schooling them in the art of gathering information. He also directed their efforts, another said.

There had never been an arrangement like it, and some senior CIA officials soon began questioning whether Tenet was allowing Sanchez to operate on both sides of the wall that’s supposed to keep the CIA out of the domestic intelligence business.

Read more →

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For Lack of the Most Appropriate Word: “Lie”

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I really wanted to just ignore this Michael Cohen column, which purports to explain to “the Left” (which by and large approves of Obama’s drone war) why they should welcome John Brennan to head the CIA because he will reform the drone war there.

But when I read this paragraph–the 10th of 11 paragraphs in the column, I couldn’t resist.

In addition, Brennan’s public statements on the drone program and U.S. policy toward Yemen have, for lack of a better term, not always passed the smell test. His assertion last year that he could not confirm the death of a single civilian from U.S. drones hardly seems credible. Moreover, if Brennan was so serious about reforming drone use, why hasn’t he done it already?

Cohen picks up a criticism I made with him on Twitter the other day, which Glenn Greenwald, the Bureau of Investigative Journalism, and I have written about: John Brennan has said things about the drone program that have, “for lack of a better term, not always passed the smell test.” (Note, Cohen doesn’t acknowledge that Brennan’s public speech on drones was also obviously misleading, not least because it disclaimed the existence of signature strikes.)

Of course, there is a better term for the assertion–made by the man who (Cohen has spent much of the previous 10 paragraphs telling us) is privy to all the information exchanged in the drone program–that there had been no civilian casualties in the drone war.

A lie.

So in paragraph 10  of an 11 paragraph column, Cohen sort of admits, even if he cowers from the best term for it, that Brennan has lied about the very subject of this column.

Which is all the funnier, because two of the assertions Cohen makes on in paragraphs 1 through 9 rely on claims Brennan made.

Brennan [] goes to President Obama for his approval [as I have noted, there’s a long history of Presidential gatekeepers who do not in fact inform the President of things so he can retain plausible deniability about them]

[snip]

Brennan stated this past fall, “I think the rule should be that if we’re going to take actions overseas that result in the deaths of people, the United States should take responsibility for that.”

And while there is evidence that Brennan has reeled in the CIA Counterterrorism Center head’s out-of-control signature strike campaign in Pakistan (at least until the last couple of weeks), he also approved the same kind of signature strikes in Yemen.

This is one of the problems with Brennan’s boosters. They invest everything in chosen Brennan statements, while ignoring that he has shamelessly lied in statements about the very same topic.

Sure, Brennan might be telling the truth in some of these public statements, even in spite of the fact that his past statements were such obvious lies. Brennan might want to reform the drone program (even though he stalled the effort to do so that was part of preparation for a Mitt Romney administration and ignored his own reformed rules). But no one should build an argument off them, because given Brennan’s history of lying, they cannot be considered credible. That’s the problem with lying as embarrassingly as Brennan has done, because such lies should–in a rational world–undermine the credibility of all your statements. Cohen builds his argument, in paragraphs 1 through 9, on statements that he admits should not be trusted in paragraph 10.

Side note: It’s troubling how, just 10 years after Bush lied us into the Iraq War with help from Brennan’s boss, George Tenet, Brennan’s boosters seem unconcerned about putting a proven liar in charge of the CIA.

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