Posts

NYPD’s Search for Cafes in Which Terrorists Would Be Comfortable

It’s bad enough that the NYPD continues its Muslim spying program in spite of their Intelligence Division Chief’s admission that they have not derived a single lead from it. But look more closely at the astoundingly stupid rationalizations that Thomas Galati gave in his deposition for the program.

Galati imagines that if NYPD were ever faced with an imminent terrorist threat, the demographic mapping they had already done would allow them to figure out right away where the terrorist might go.

When we are faced with a threat or we have information about a threat that is present and we need to go out and we need to try and mitigate that threat, we have to be able to, at our fingertips, find what is the most likely location that that terrorist is going to go to and hide out amongst other people from the same country.

Let’s consider how this worked in practice the single time it might have applied.

When the FBI alerted the NYPD that Najibullah Zazi was heading back to NYC with the intent to blow up some subways, the NYPD knew exactly who to go to. They called Zazi’s Imam, Ahmad Wais Afzali, who not only knew him but had taught him and some of his accomplices. So that part worked.

What didn’t work is that Afzali promptly tipped off Zazi and his father, making it more difficult to develop a case against Zazi’s accomplices.

Media reports quoting anonymous FBI officials have suggested the NYPD botched the case when it showed a picture of Najibullah Zazi, the Denver shuttle-bus driver at the heart of the investigation, to Ahmed Afzali, a Queens Imam and sometime police informant. Afzali, the reports say, first called Zazi’s father Mohammed, then Najibullah himself, alerting them to the probe. The FBI, which had been monitoring the calls, was then forced to move immediately to arrest the Zazis — much sooner than it had planned.

[snip]

When Zazi traveled to New York ahead of the anniversary of 9/11, the FBI as a precaution alerted the NYPD. That’s when officers from the NYPD’s intelligence unit consulted Afzali. “It looks like they did this on their own initiative — they really trusted this Imam,” says the law-enforcement official. “But if they’d consulted with the bureau first, they’d have been told not to talk to anybody.”

So far Galati’s logic works if you want to make sure terrorists are tipped off by their close associates.

But it gets worse.

Central to the Galati’s explanation for the NYPD’s retention of the content of conversations about events–such as a Quran-burning, in the passage below (or, presumably, opposition to a drone strike)–is that it provides insight into whether a terrorist would be “comfortable in” a particularly environment.

Q I think you’ve told me that the fact that at this particular location where there are Pakistanis speaking Urdu, the Zone Assessment Unit heard two men complaining about the [redacted-Quran burning] That fact alone, their complaint expressed to each other doesn’t make it more likely that this is a place where a terrorist would go?

A It doesn’t make it more likely or less likely. It’s a tool for us to look for that person that we’re looking for that has that same characteristic that’s going to hide or recruit within a place that he or she is comfortable in.

Read more

What If the Biggest Risk ISN’T Khalid Sheikh Mohammed Giving Speeches?

The guy who covered up CIA’s torture, Jose Rodriguez, worries that Khalid Sheikh Mohammed might give a speech during the course of his military commission.

Although he acted defiantly in court, Rodriguez said KSM would like nothing more than a forum to preach radical Islam.

“This is a process that will continue for a long time,” Rodriguez said. “I have heard he may plead not guilty, and if he does, he’ll use the [legal] process as his platform . . . to talk about his jihadist beliefs.”

[snip]

“It seemed to us that he was looking for a platform from which he could spout his hatred for all things American, and a trial would certainly present that opportunity,” Rodriguez writes. “It strikes me as more than a little ironic that several years later, Attorney General Eric Holder almost granted KSM his wish.”

Ironically, Rupert’s rag decided to plug these Rodriguez fears the day after KSM and his co-defendants tied up the military commission in knots not by speaking, but by remaining silent.

Judge [James] Pohl turns to Mohammed’s attorneys and his right to counsel. Mr. Mohammed, he says, pursuant to the Manual for Military Commissions, you are today represented by two military lawyers, Derek Poteet and Jason Wright, your detailed counsel. Do you understand this?

There’s a pause – the first of many, as we’ll soon see – as the court and counsel wait for the defendant’s responds.  KSM doesn’t give one, and Judge Pohl notes as much. Very well, he continues, detailed counsel will be provided to you.

No response.

Read more

Feinstein and Levin: Hassan Ghul Revealed Abu Ahmed al-Kuwaiti’s Role, and Then We Tortured Him

Dianne Feinstein and Carl Levin have released a statement that basically says Jose Rodriguez’ Big Boy Pants are on fire for the lies he has told about the torture program.

The statement is interesting for two reasons. First, it gets closer and closer to saying that the torture program was successful primarily in eliciting false confessions.

Further, it’s worth repeating, as discussed in the Senate Armed Services Committee’s 2008 report, the SERE techniques used in the CIA’s interrogation program were never intended to be used by U.S. interrogators. Rather, the techniques – which are based on Communist Chinese interrogation techniques used during the Korean War to elicit false confessions – were developed to expose U.S. soldiers to the abusive treatment they might be subjected to if captured by our enemies. An overwhelming number of experts agree, the SERE techniques are not an effective means to illicit accurate information. [my emphasis]

It’s really time for them to be as clear as their leaking aides are in saying, anonymously, that the torture program got–and was designed to get–false confessions.

Hopefully, as Jose Rodriguez’ torture tour continues, they’ll get over this reticence.

The statement also confirms what was described in this AP report: that the CIA detainee who provided the most important intelligence leading to Osama bin Laden–who has been reported as Hassan Ghul–did so before we tortured him.

The CIA detainee who provided the most significant information about the courier provided the information prior to being subjected to coercive interrogation techniques.

So we tortured Khalid Sheikh Mohammed and he gave up invented locations for OBL (while hiding the courier). But we got key evidence from Ghul that might have led to OBL and … we tortured him anyway.

I wonder how many books Rodriguez is going to sell claiming that this program was effective?

Cheney’s Torture Apologist Complains Cheney’s Torture Program Necessitates Plea Deals

As I suggested the other day, the news that Majid Khan has negotiated a plea deal raises interesting questions about why the government decided to offer him one.

What I haven’t seen anyone explain, however, is why the government has suddenly offered Khan a plea deal. It suggests they either can’t build a case against him themselves–a possibility given that they’re charging him for an assassination attempt that apparently involved no bomb–or that they’ve decided they don’t have enough untainted evidence against Khalid Sheikh Mohammed and the other 9/11 plotters without someone like Khan testifying. It further suggests they don’t want to rely on Khan’s own testimony given in custody, probably because that, too, is tainted.

That seems to be what has happened. As Jason Leopold reported last week, Gitmo’s prosecutors are, indeed, newly negotiating plea deals with detainees as a way to get untainted evidence.

There are still 171 detainees imprisoned at Guantanamo. More than half have already been cleared for release. Thirty-six are expected to face war crimes charges and the remainder were deemed by an Obama administration task force as being too dangerous to release or too difficult to prosecute because the evidence against them was obtained through torture.

Martins, who became chief prosecutor in October, has informed his staff, according to another email written by the same military prosecutor, that he is interested in obtaining information about detainees he intends to prosecute that will help the government secure convictions. The detainees who cooperate with the prosecution and show a willingness to testify against other prisoners, in a manner that “pleases” the government, would receive plea deals for the terrorist-related crimes they are accused of and could eventually be repatriated to another country.

“Proffer” sessions have already taken place between some defense attorneys and detainees, where the prisoners have discussed what evidence they can offer the prosecution for use in war crimes trials, the prosecutor’s email says.

Leopold goes on to describe Khan’s plea deal in this context (though none of his lawyers have confirmed this is what’s going on).

Predictably, Cheney’s chief torture apologist, Marc Thiessen, is outraged that Gitmo prosecutors are trying to undo the damage that Cheney’s torture program did.

The United States has reportedly offered a plea deal to Majid Khan — a hardened al-Qaeda terrorist and close associate of Khalid Sheikh Mohammed — that could see him released from Guantanamo Bay within a few years.

Giving this killer a reduced sentence is outrageous. Khan is no run-of-the-mill terrorist. He was directly subordinate to KSM and was selected by the 9/11 mastermind to conduct terrorist operations inside the United States.

[snip]

He had been charged with war crimes, including murder, attempted murder, spying and providing material support for terrorism — all of which could have earned him a life sentence. Instead, he might now be released.

For what? Under the reported deal, Khan has agreed to testify against his fellow terrorists during the next four years at Guantanamo, after which he would then be eligible to be transferred to Pakistan. Khan knows a great deal about KSM and the core 9/11 conspirators — but it is hard to believe that his cooperation and testimony are really necessary to convict those terrorists. Read more

After Ray Kelly Proved Incapable of Hosting a Terrorist Trial, His Supporters Shouldn’t Call OTHER Cities Overmatched

The NYDN and NYPost continue their uncritical defense of the NYPD’s spying on residents of other cities. In response to continued outrage that NYPD’s officers profiled Newark’s and Paterson’s Muslim community, the New York fearmonger papers’ response is basically a taunt that New Jersey should be grateful the NYPD has invaded their state because New Jersey can’t prevent terrorism on its own.

What is the matter with New Jersey politicians that they are raising a stink because the NYPD keeps an eye out for terrorists on their turf?

Have Gov. Chris Christie and Newark Mayor Corey Booker forgotten that 746 residents of the Garden State were killed in the terrorist attacks of 9/11?

Have they forgotten that ringleader Mohammed Atta met with co-conspirators in Newark?

Have they forgotten that the van used in the 1993 World Trade Center bombing was rented in Jersey City?

(The NYDN, which claims to have read the profile reports on things like girls’ schools, seems to have missed that none of the profiling reports we’ve seen from the NYPD have targeted any of the kinds of NJ establishments the terrorists have used in the past.)

But as a MI resident, what I’m really amused by is the NYPD boosters’ claim that Newark is “overmatched” and “incapable.”

So why wouldn’tthe NYPD bring its unmatched skills to bear in Newark, whose overmatched police department is simply incapable of monitoring threats as they develop far out of sight?

I can remember only one police department in recent years which has been “overmatched.” And that’s the NYPD, when faced with the prospect of hosting a terrorist trial in Manhattan.

When DOJ first announced plans to try Khalid Sheikh Mohammed and the other 9/11 plotters in New York, Ray Kelly started making the same kind of complaints about not being consulted as New Jersey’s politicians are making now.

NYPD Commissioner Ray Kelly said the Justice Department did not consult the city officials before deciding to send Khalid Sheikh Mohammed and four others to New York City for trial.

“There was no consultation, no consultation with the police department. That decision was made. We were informed,” Kelly said Tuesday.

When asked if the NYPD should have been asked about security and other considerations in advance of sending the accused terrorist to the scene of the attack, Kelly said,” The fact is we weren’t asked. And we will make the best of a situation. We weren’t.”

At first Kelly said the NYPD would be up to the task. But then he started rolling out a plan to effectively militarize lower Manhattan and demanded first $90 million then $200 million to pay for his war zone. Ultimately, the DOJ gave up the plan for a civilian trial.

Because Ray Kelly wasn’t up to the task of hosting a terrorist trial, Khalid Sheikh Mohammed has had at least two years added to his life.

Read more

Majid Khan to Accept Plea Deal

The WaPo confirms what a lot of people have been speculating: Majid Khan will accept a plea deal.

In recent days, Khan, a Pakistani citizen who was a legal U.S. resident, was moved out of the top-security Camp 7, which houses the high-value detainees, in anticipation of an arraignment next week at which he will enter a guilty plea, said the officials, speaking on the condition of anonymity in advance of the hearing.

Khan has agreed, if requested, to testify at military commission trials in the next four years, and he would then be eligible to be transferred to Pakistan at some point after that, the officials said. Khan has a wife and daughter in Pakistan.

The officials would not specify the amount of time Khan would serve if he fulfilled his obligations under the agreement.

What I haven’t seen anyone explain, however, is why the government has suddenly offered Khan a plea deal. It suggests they either can’t build a case against him themselves–a possibility given that they’re charging him for an assassination attempt that apparently involved no bomb–or that they’ve decided they don’t have enough untainted evidence against Khalid Sheikh Mohammed and the other 9/11 plotters without someone like Khan testifying. It further suggests they don’t want to rely on Khan’s own testimony given in custody, probably because that, too, is tainted.

Though they must not be close to trying the 9/11 plotters, given that Khan will have to stick around for four years to testify, if needed.

But I’ll make a prediction. I bet Khan will do less time–for his empty suicide vest and for couriering money for terrorist plots-than Amine el-Khalifi, the guy with a similarly empty suicide vest who thought he was going to strike the Capital last week. If that’s true, it won’t be clear whether to blame it on the torture or the inadequate military commissions.

Bill Keller Blames Leak Arrests that Preceded WikiLeaks on WikiLeaks

Bill Keller has another narcissistic column attacking Julian Assange. The whole thing is rubbish not worth your time, but I did want to unpack the complaint with which Keller ends his column.

“A lot of attention has been focused on WikiLeaks and its colorful proprietors,” Aftergood told me. “But the real action, it turns out, is not at the publisher level; it’s at the source level. And there aren’t a lot of sources as prolific or as reckless as Bradley Manning allegedly was.”

For good reason. The Obama administration has been much more aggressive than its predecessors in pursuing and punishing leakers. The latest case, the arrest last month of John Kiriakou, a former C.I.A. terrorist-hunter accused of telling journalists the names of colleagues who participated in the waterboarding of Qaeda suspects, is symptomatic of the crackdown. It is this administration’s sixth criminal case against an official for confiding to the media, more than all previous presidents combined. The message is chilling for those entrusted with keeping legitimate secrets and for whistleblowers or officials who want the public to understand how our national security is or is not protected.

Here’s the paradox the documentaries have overlooked so far: The most palpable legacy of the WikiLeaks campaign for transparency is that the U.S. government is more secretive than ever. [my emphasis]

The Obama Administration has charged 6 people with some kind of espionage charge for leaking:

  • Thomas Drake was indicted on April 10, 2010, just days after the release of the Collateral Murder video and before Bradley Manning first contacted Adrian Lamo; he was charged for purported leaks going back to February 2006
  • Shamai Leibowitz was first investigated in mid-2009, before Manning leaked anything to WikiLeaks; he was charged on December 4, 2009 and sentenced on May 24, 2010, the day the government was first learning about Lamo’s conversations with Manning
  • Stephen Jin-Woo Kim was indicted on August 19, 2010, around the time DOD first started trying to figure out what Manning allegedly sent to WikiLeaks; he is alleged to have leaked in June 2009
  • Manning was arrested on May 29, 2010 and will be formally charged this week for leaks allegedly starting in November 2009
  • Jeffrey Sterling was indicted on December 22, 2010, around the time the government was trying to pressure Manning into testifying about Assange; his leaks allegedly started in 2001
  • John Kiriakou was charged on January 23, 2012 for leaks dating back to 2007

All the non-WikiLeaks leaks allegedly took place before Manning’s. All were formally charged before Manning, and all but two men were arrested before Manning.

And yet Bill Keller, in a demonstration of his typical reporting skill though not Newtonian physics, suggests that WikiLeaks caused the crackdown on leaks.

Read more

Another Empty Suicide Vest

The name of the latest FBI-produced terrorist is Amine el-Khalifi. He is 29 and from Morocco. He was arrested today outside of the Labor Department in DC.

As is usual with most of FBI’s terrorist arrests of late, the FBI provided the suspect with the weapons he would have used to attack the target–in this case, the Capitol. As is usual, this appears to be an instance where the FBI found someone talking about violence–usually online–and then cultivated that violent desire over time.

So it seems like this is a now-familiar story.

I am rather amused that this particular FBI-written story includes an inert suicide vest.

He was carrying with him a vest that he believed was packed with explosives but that actually contained harmless material, officials said.

The man thought he was being assisted by members of the al-Qaeda terrorist network, but they were really undercover FBI agents, officials said.

[snip]

“The arrest was the culmination of an undercover operation during which the suspect was closely monitored by law enforcement,” Carr said in a statement. “Explosives the suspect allegedly sought to use in connection with the plot had been rendered inoperable by law enforcement and posed no threat to the public. [my emphasis]

I find that interesting only as a matter of coincidence. After all, we just charged Majid Khan, in part of donning what appears to have been an inert suicide vest.

I don’t know why, but I find it curious we’re adopting the same tactics that Khalid Sheikh Mohammed allegedly used to test Khan.

Update: Given the other targets this dude considered, it sure seems like the FBI picked a scary target, just like they did for the Scary Iran Plot.

El Khalifi expressed interest in killing at least 30 people and considered targeting a building in Alexandria and a restaurant, synagogue and a place where military personnel gather in Washington before he settled on the Capitol after canvassing that area a couple of times, the counterterrorism official said.

Also note, they appear to be cracking down on a bunch of other Moroccans who are out of immigration status. I guess they couldn’t convince those guys to join a terror conspiracy, and instead of us hosting them in a federal prison for the rest of their lives, they’ll be deported.

Update: Alright, this doesn’t make sense:

The affidavit alleges that over the next month, El Khalifi traveled to the U.S. Capitol Building on multiple occasions to conduct surveillance, choosing the spot where he would be dropped off to enter the building for the martyrdom operation, the specific time for the attack and the method he would use to avoid attracting the attention of law enforcement. El Khalifi also asked Hussien to remotely detonate the bomb he would be wearing on the day of the attack if El Khalifi encountered problems with security officers, and to provide El Khalifi with a gun that he could use during the attack to shoot any officers who might attempt to stop him.

On February 17, 2012, El Khalifi allegedly traveled to a parking garage near the U.S. Capitol Building. El Khalifi took possession of a MAC-10 automatic weapon and put on a vest containing what he believed to be a functioning bomb. Unbeknownst to El Khalifi, both the weapon and the bomb had been rendered inoperable by law enforcement. El Khalifi walked alone from the vehicle toward the United States Capitol, where he intended to shoot people and detonate the bomb. El Khalifi was arrested and taken into custody before exiting the parking garage.

The FBI says his own plan was to be dropped off at the Capitol building.

But what happened instead is he did a Deep Throat in a parking garage to get his empty suicide vest.

So whose plan was he implementing, again? Also, they decided to operationalize him in December, after first being tipped off to him in January. Actually pretty quick work for them.

Update: Here’s the complaint. Note it doesn’t say whether or not these conversations were taped. Also, this dude believed he’d get in the Capitol w/a gun and suicide vest loaded down with nails.

DOJ Once Again Succeeds Where DOD Has Failed

Umar Farouk Abdulmutallab?

Going to prison for life–Florence SuperMax in CO, which is a much tougher prison than Gitmo.

He has been in custody for 2 years and 53 days.

Abd al Rahim al-Nashiri? He has been in custody for roughly 9 years, 3 months, and 15 days, for a crime committed over 11 years ago. His trial process is only beginning.

Khalid Sheikh Mohammed? He has been in custody for just short of 9 years, for a crime he committed 10 years, 5 months, and 5 days ago. His trial won’t begin this year.

This sending terrorists to jail for the rest of their life isn’t that hard. It’s only hard when you try to invent an entirely new legal system to do the job, rather than using the perfectly functional legal system that has proven its ability to do this over and over before.

Update: Adam Serwer talks about how Abdulmutallab made us so scared we passed the NDAA. I would add, he also made us all subject to gate grope.

Leon Panetta and the Pakistani Doctor: Yet More Double Standards on Classified Information

As the Bill Gertz article I reexamined the other day made clear, Leon Panetta became personally involved in the CIA’s efforts to investigate detainee lawyers who were trying to track down their clients’ torturers.

CIA Director Leon E. Panetta and his chief of staff, Jeremy Bash, a former chief counsel for the House intelligence committee, at first were unaware of both the scope and seriousness of the case.

However, both officials began addressing the matter after inquiries were made from members of Congress. Since then, Mr. Panetta and Mr. Bash are getting regular updates on the dispute, said the officials.

As a result of that investigation, former CIA officer John Kiriakou was charged last week.

Consider the damage Kiriakou is alleged to have done:

  • Some lawyers with Top Secret clearance submitted a sealed filing naming a covert officer involved in the torture of 9/11 defendants. The lawyers pointedly did not photograph this officer in an effort to shield his identity. And his name was never made public.
  • Using information gained from Kiriakou and around 23 other sources (including former CIA Executive Director Buzzy Krongard), Scott Shane wrote an article detailing Deuce Martinez’ role in the interrogation of Khalid Sheikh Mohammed and others. And while Martinez’ association with the torture program was classified, his identity was not. Furthermore, by the time of the article, Martinez was working for Bruce Jessen and James Mitchell’s contracting firm, making it a pretty safe bet that he was involved in interrogation, even interrogations involving torture.
  • Subsequent to this article based on information from Kiriakou and 23 other people, the 9/11 detainees saw pictures of Martinez; assuming Shane’s article is accurate, they had already interacted with Martinez personally.
  • In that article, Shane included details about the “magic box” technology used to locate Abu Zubaydah. Information on that “magic box” technology and similar ones has been publicly available for decades, meaning the only secret here is that CIA uses it (!) and called it something as stupid as “magic box.”

That’s it. That’s the reported outcome of John Kiriakou’s leaks. And for that he faces prison time of up to 20 years.

Meanwhile, tomorrow the above clip will be shown on 60 Minutes, showing Panetta confirming that the Pakistani doctor who conducted fake vaccinations in Abbottabad, Pakistan in order to get a glimpse into Osama bin Laden’s compound was, in fact, working for the CIA.

Panetta also acknowledged that Shikal Afridi, the Pakistani doctor conducting health tests in the village in an effort to collect DNA and verify bin Laden’s presence, was in fact working for the U.S. Afridi was arrested and charged with treason by the government of Pakistan. “I’m very concerned about what the Pakistanis did with this individual…who in fact helped provide intelligence that was very helpful with regards to this operation,” says Panetta. “He was not in any way treasonous towards Pakistan…Pakistan and the United States have a common cause here against terrorism…and for them to take this kind of action against somebody who was helping to go after terrorism, I just think is a real mistake on their part,” he tells Pelley.

Not only does this presumably put more pressure on Pakistan to convict Afridi of treason (he remains in custody), but it exacerbates the problem of having used a vaccination campaign as cover in the first place, confirming on the record that similar campaigns in poor countries might be no more than a CIA front.

I presume someone in the White House gave Panetta permission to go blab this on 60 Minutes; I assume he’s in no more legal jeopardy than Dick Cheney was when he insta-declassified Valerie Plame’s identity.

But shit like this discredits every single claim national security experts make about the need for secrecy. I mean, how are CIA officers ever going to recruit any more assets when the assets know that the CIA director may, at some time in the future that’s politically convenient, go on 60 Minutes and confirm the relationship?