Mike Morell

On the Leak Crackdown: Donald Sachtleben Was a Convenient Scapegoat

I’m reading Charlie Savage’s Power Wars. While I disagree with some parts of it and have additional information that isn’t included in others (the book is already 700 pages, so it’s possible they were left out because of length), it is absolutely worth reading and provides a ton of insight about what Obama’s legal insiders were willing to share with Savage. Here’s a long interview with Glenn Greenwald about it.

As it happens, last year I wrote but never finalized a post on an area that is misleading in Savage’s chapter on the Obama Administration’s serial prosecution of leakers, about the prosecution of Donald Sachtleben, the retired FBI guy who, after being busted for kiddie porn, ultimately got prosecuted for being the leaker behind the AP’s UndieBomb 2.0 story. I’m tweaking it and posting it now. This post explains his bust.

Savage claims that Sachtleben never got IDed because he didn’t access any classified documents about the bomb and hadn’t signed the sign-in sheet of the room where it was being investigated — which is all stuff claimed in a Statement of Offense that is obviously designed to be misleading (though Sachtleben’s FBI badge did show him entering the examination space where the bomb was being examined; the Statement doesn’t say whether the specific room tracked badge entries). Savage states, Sachtleben “had visited the Quantico lab where the new underwear bomb was being examined on May 1, 2012, a few hours before Goldman and a colleague, Matt Apuzzo, first called government officials to say they knew the FBI had intercepted a new underwear bomb from Yemen” [that date of the call in the Statement is May 2]. That suggests (again, as the statement does) that Sachtleben was therefore the source for the things the AP told the government it knew on May 2.

As I’ve noted, Sacthleben contested this claim at his sentencing, which is actually consistent with what the text messages with him show: Goldman and Apuzzo were looking for confirmation of something they already knew.

“I was neither the sole nor the original source of information to ‘Reporter A’ about the suicide bomb,” Sachtleben said in a statement sent by his law firm. “The information I shared with Reporter A merely confirmed what he already believed to be true. Any implication that I was the direct source of a serious leak is an exaggeration.”

But in CIA Public Affairs emails obtained by FOIA by The Intercept last year, there’s further support for this. The emails reveal that by April 25, 2012 — 5 days before talking to Sachtleben — Goldman was already asking roughly the same questions about Ibrahim al-Asiri asked of Sachtleben. (PDF 548-9)

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“We’re hearing about aqap activity that has USG spun up and Ibrahim al-asiri is back on agency’s radar.” None of that’s surprising, of course, since AP sourced the initial story to numerous officials, and it’s unlikely two Pulitzer Prize winners would single source a story.

The Statement misleadingly suggests that the when Goldman and Apuzzo called the government on May 2, two and a half hours after speaking with Sachtleben (and a full week after Goldman’s email to the CIA Public Affairs office), they stated for the first time that “they believed, but had not confirmed, that the bomb was linked to AQAP’s premier bomb-maker, Ibrahim al-Asiri.” Except the government knew, but did not reveal in the Statement, that the AP reporters had already reached out via official government channels a week earlier with some of that information. Contrary to what Savage suggests, the call on May 2 was not the “first” that government officials learned the AP was working on the story, though it may have been the first time they claimed to have confirmed details about the bomb.

The emails also show the extent of AP’s efforts to provide CIA an opportunity to weigh in on the story.

After several exchanges the week before (including a “chat” between Deputy CIA Director Mike Morell and an AP editor in which the AP agreed to hold the story), CIA’s press office set up a meeting between Goldman, Apuzzo, and Morell at 9:30 on the morning they released their story, May 7. An Apuzzo email describes the purpose. “[T]his meeting is just the one the DDCIA [Morell] suggested, to offer some details to the story we agreed to hold for a few days.” (PDF 308)

This confirms a point the AP long insisted on — that they heeded an administration request for a few days before they published the story. And in response, Apuzzo’s email makes clear, Morell had offered to provide further details on the plot. That of course means that Mike Morell was himself a source for the story, probably including for the detail that CIA had just drone-killed Fahd al-Quso. Last I checked, Morell is not in prison for leaking to the AP (though of course his influence on the story would be considered official declassification and therefore cool).

Apuzzo followed up on the meeting and the story later that day. “I know that there were some strained conversations between our bosses this evening, but as far as Adam and I are concerned, I hope you found the story fair, accurate and responsible.” (PDF 308)

Of course, CIA had no reason to be pissed, given that the AP story celebrated their successful interception of a plot. Indeed, there is a very high likelihood that the CIA talked the AP reporters out of including more sensitive details — such as that the plot was really a sting run by a Saudi asset — that detail came out in other outlets, thanks in part to John Brennan and Peter King (the latter of whom was in turn blabbing about something the CIA had just briefed him), within a day. Or, something implied by the story but not stated directly, that the Administration had deployed a bunch of Air Marshals to Europe to protect against a threat that had never really been a threat and that they had already neutralized anyway. Those are the damning details of the story, but they weren’t in the AP’s version of it.

But the government came after them anyway. And, after members of Congress — including Peter King, who had served as a source for journalists!! — demanded a head, Donald Sachtleben served as a convenient one to offer up.

The story the government has told about Sachtleben — that they found he had a Secret CIA cable among his kiddie porn but didn’t pursue it any further until they exposed the sources of the entire AP newsroom — has never made sense. But as a guy who had already confessed to kiddie porn charges and had actually only served as the confirming source for some of the least sensitive information in the leak, he was convenient.

And while Savage appropriately lays into the Administration for the damage they did to journalism with their pursuit of leakers, the back story behind the scapegoating of Sachtleben suggests DOJ has been far more cynical about leaks and who gets prosecuted for them than suggested in Savage’s chapter.

Continue reading

Mike Morell’s Performance of “Intelligence”

Given that Bill Harlow co-wrote George Tenet and Jose Rodriguez’ autobiographical novels, it’s fairly clear he continues to propagandize for the CIA years after he left the Agency as Public Affairs officer. Still, his past autobiographical novels were perhaps more convincing than the roll out of Mike Morell’s autobiographical novel, The Great War of Our Time, which Harlow also co-wrote. That’s pretty remarkable given that Morell had more retained credibility than either of the other two. This propaganda tour actually seems to be eroding Morell’s credibility.

Part of the problem is interviews like this, where Morell says both that we should be “all in” with Saudi Arabia (an asinine judgement, in my opinion, perhaps betraying CIA’s close ties to the Saudis) and that we should support secular Bashar al-Assad, which is totally inconsistent with his first stance.

And he makes those two claims in an interview where he also claims that numbers on collateral damage tied to drone strikes are “propaganda.”

“The other thing I’ll say is that this is the most precise weapon in the U.S. arsenal.  Collateral damage is not zero — and gosh, I wish it were zero, but it’s not — but it’s very close to zero.

“Number three, the numbers that you see about huge numbers of collateral damage just aren’t true.  They are put out there as propaganda by people who want this program to go away, and al-Qaida is one of those groups.”

It’s a great display of Morell’s approach to lying.

First, most people don’t claim there are huge numbers of collateral damage. TBIJ — which is both one of the more partisan voices against drone strikes but which also does some of the most meticulous work tracking drone killing over years — shows that civilians amount for around 14%  of those killed (a lower number than some more hawkish counts). The number itself is not, as Morell depicts it, “huge.” But it is, nevertheless, a relatively large amount, one what brings with it a lot of blowback. And the numbers — which again, are similar to those tracked my multiple independent sources — are much higher than CIA publicly claims.

It is CIA, and not drone killing trackers, engaged in propaganda here.

Yet by refuting something his opponents hadn’t asserted, Morell gets to claim to have debunked it.

While I have no idea what part of Sy Hersh’s story on Osama bin Laden are true, Morell’s use of the same method to debunk Hersh suggests he’s engaged — at least partly — in non-denial denial.

Jeff Stein deals with one problem with Morell’s debunking. CIA’s former Deputy Director claims that if we had tipped the Pakistanis (who are dealt with as a monolith in Morell’s story) they would have told Osama bin Laden. Wouldn’t that require knowledge of where he was, and some ongoing interest in protecting him? If so, that actually confirms a key premise of Hersh’s (and other reporters’) stories.

Then there’s Morell’s debunking of the walk-in story.

He claims that we learned of bin Laden’s location not from following the courier and from excellent intelligence analysis, but from a Pakistani intelligence officer who walked into the U.S. Embassy and gave us bin Laden’s whereabouts in exchange for “much of the $25 million reward offered by the U.S.” The truth is that while walk-ins have long been useful in providing intelligence to us world-wide, none of the information that led to finding the location where bin Laden was came from walk-ins.

NBC has already confirmed that there was a walk-in — just that he wasn’t key to identifying OBL’s location.

Editor’s Note: This story has been updated since it was first published. The original version of this story said that a Pakistani asset told the U.S. where bin Laden was hiding. Sources say that while the asset provided information vital to the hunt for bin Laden, he was not the source of his whereabouts.

Morell’s statement is utterly consistent with NBC’s reporting.

Morell claims to debunk Hersh’s claim that CIA obtained DNA from OBL.

bin Laden was very ill, and that early on in his confinement at Abbottabad, the ISI had ordered Amir Aziz, a doctor and a major in the Pakistani army, to move nearby to provide treatment.


The planners turned for help to Kayani and Pasha, who asked Aziz to obtain the specimens. Soon after the raid the press found out that Aziz had been living in a house near the bin Laden compound: local reporters discovered his name in Urdu on a plate on the door. Pakistani officials denied that Aziz had any connection to bin Laden, but the retired official told me that Aziz had been rewarded with a share of the $25 million reward the US had put up because the DNA sample had showed conclusively that it was bin Laden in Abbottabad.

But Morell focuses on obtaining DNA from the compound and from OBL’s children, not from OBL himself.

Mr. Hersh says we obtained DNA samples from people in the bin Laden compound before the assault was launched. Wrong again. We would have liked to have obtained samples from the children in the compound to confirm that they were bin Laden’s children, but we did not. [my emphasis]

And Morell claims Hersh’s claim that SEALs couldn’t have thrown OBL body parts out the helicopter over the Hindu Kush …

The remains, including his head, which had only a few bullet holes in it, were thrown into a body bag and, during the helicopter flight back to Jalalabad, some body parts were tossed out over the Hindu Kush mountains – or so the Seals claimed.

… Because he received a burial at sea.

Finally—and most absurdly perhaps—Mr. Hersh cites his sources as telling him that SEALs threw bin Laden body parts off their helicopter over the Hindu Kush and suggests that the burial at sea from the USS Carl Vinson never happened. Bin Laden’s body received a proper Muslim burial at sea. How do I know? I heard the president give the order, and I saw photographs and video of the burial at sea.

Now, to be fair, this is one claim from Hersh I’m most skeptical of (though I realize now the SEALs might have thrown some body parts out the helicopter to leave DNA evidence that OBL was killed there, which was the purported cover story). But Morell’s debunking is no such thing, because it is perfectly possible a shrouded corpse could be buried at sea even if it were missing some body parts. (I’ll also note that JSOC hid what I believe to be trophy photos after this story started breaking, which suggests the SEALs did something with the corpse that would cause problems if it were publicized, though I always assumed they just hammed it up.)

In other words, as Morell does for his drone propaganda, he usually doesn’t debunk what Hersh wrote, but instead something else.

Which is a suggestion that he’s engaged in another cover story.

Benghazi: A Poster Child for Covert Ops Blowback

You’ve no doubt heard that, last Friday (a pre-holiday Friday, as some people are already on their way to Thanksgiving), the Benghazi scandal ended with a fizzle.

The House Intelligence Committee released its report on the Benghazi attack, which basically says all the scandal mongering has been wrong, that Susan Rice’s talking points came from the CIA, that no one held up any rescue attempts, and so on and so on. This post will attempt to lay out why that might have happened. The short version, however, is that the report reveals (but does not dwell on) a number of failures on the part of the CIA that should raise real concerns about Syria.

Note that not all Republicans were as polite as the ultimate report. Mike Rogers, Jeff Miller, Jack Conaway, and Peter King released an additional views report, making precisely the points you’d expect them to — though it takes them until the 4th summary bullet to claim that Administration officials “perpetuated an inaccurate story that matched the Administration’s misguided view that the United States was nearing victory over al-Qa’ida.” Democrats released their own report noting that “there was no AQ mastermind” and that “extremists who were already well-armed and well-trained took advantage of regional violence” to launch the attack. Among the Republicans who presumably supported the middle ground were firebrands like Michele Bachmann and Mike Pompeo, as well as rising Chair Devin Nunes (as you’ll see, Nunes was a lot more interested in what the hell CIA was doing in Benghazi than Rogers). The day after the initial release Rogers released a second statement defending — and pointing to the limits of and Additional Views on — his report.

Now consider what this report is and is not.

The report boasts about the 1000s of hours of work and 1000s of pages of intelligence review, as well as 20 committee events, interviews with “senior intelligence officials” and 8 security personnel (whom elsewhere the report calls “the eight surviving U.S. personnel”) who were among the eyewitnesses in Benghazi. But the bulk of the report is sourced to 10 interviews (the 8 security guys, plus the Benghazi and Tripoli CIA Chiefs), and a November 15, 2012 presentation by James Clapper, Mike Morell, Matt Olsen, and Patrick Kennedy. (Here are  the slides from that briefing: part onepart two.) As I’ll show, this means some of the claims in this report are not sourced to the people who directly witnessed the events. And the reports sources almost nothing to David Petraeus, who was CIA Director at the time.

The FBI analyzed the intelligence better than CIA did

One of the best explanations for why this is such a tempered report may be that FBI performed better analysis of the cause of the attack than CIA did. This is somewhat clear from the summary (though buried as the 4th bullet):

There was no protest. The CIA only changed its initial assessment about a protest on September 24, 2012, when closed caption television footage became available on September 18, 2012 (two days after Ambassador Susan Rice spoke), and after the FBI began publishing its interviews with U.S. officials on the ground on September 22, 2012.

That is, one reason Susan Rice’s talking points said what they did is because CIA’s analytical reports still backed the claim there had been a protest outside State’s Temporary Mission Facility.

Moreover, in sustaining its judgment there had been a protest as long as it did, CIA was actually ignoring both a report from Tripoli dated September 14, and the assessment of the Chief of Station in Tripoli, who wrote the following to Mike Morell on September 15.

We lack any ground-truth information that protest actually occurred, specifically in the vicinity of the consulate and leading up to the attack. We therefore judge events unfolded in a much different manner than in Tunis, Cairo, Khartoum, and Sanaa, which appear to the the result of escalating mob violence.

In a statement for the record issued in April 2014, Mike Morell explained that Chiefs of Station “do not/not make analytic calls for the Agency.” But it’s not clear whether Morell explained why CIA appears to have ignored their own officer.

While the report doesn’t dwell on this fact, the implication is that the FBI was more successful at interviewing people on the ground — including CIA officers!! — to rebut a common assumption arising from public reporting. That’s a condemnation of CIA’s analytical process, not to mention a suggestion FBI is better at collecting information from humans than CIA is. But HPSCI doesn’t seem all that worried about these CIA failures in its core missions.

Or maybe CIA failed for some other reason. Continue reading

Radical Idea: the Legislature Ends Smith v. Maryland

The Senate Judiciary Committee hearing with the NSA Review Group just finished. There was no earth-shattering news. Perhaps the best one-liner from the hearing came when former CIA Deputy Director Mike Morell said that metadata is content (and I’m grateful he said it early in the hearing so it will make the evening news). Bizarrely, he claimed he just learned that while working on this report which is rather … unconvincing.

At the very end of the hearing, however, Senator Richard Blumenthal said something equally as important, which went something like,

Smith v. Maryland is about as outdated as any Supreme Court [sic] can be. Congress has an equal responsibility to protect the Constitution as the Supreme Court. There is no need to wait for the Supreme Court.

It’s a great idea, for the legislature to end Smith v. Maryland’s encroachment on the Constitution, and he’s right, Congress does have the authority to act.

But as far as I know, Blumenthal has yet to introduce a bill doing that.

Sucky Assessments of the Phone Dragnet Reveal How Much They’re Keeping “Secret”

The assessments of the phone dragnet suck.

I don’t mean the assessments of the phone dragnet show the program sucks, though that may well be the case. I mean the assessments of the phone dragnet I’ve seen do a very poor job of assessing the value of it. Which serves to show how much of the larger dragnet remains, if not secret, still largely undiscussed.

To see what I mean, consider this post, from Just Security’s Ryan Goodman.

Insiders disagree about the phone dragnet value with outsiders

The strongest part of his post compares the seemingly contradictory assessments of the phone dragnet by two different members of the NSA Review Group. University of Chicago Professor Geoffrey Stone and Deputy Director of CIA Mike Morell.

Stone, based on what he learned from public sources and from the briefings the Group received, believes the program did not prevent any terrorist attacks. Morell, whose former agency receives Tippers from the program and even had direct access to query results until 2009 just like the FBI does and did (though no one talks about that) insists it has helped prevent terrorist attacks.

Goodman also notes that the Gang of Four immediately defended the phone dragnet after the Review Group released its results (actually, they object to more than the phone dragnet recommendation but don’t say what other recommendations they object to), but doesn’t note the terms they use to do so:

However, a number of recommendations in the report should not be adopted by Congress, starting with those based on the misleading conclusion that the NSA’s metadata program is ‘not essential to preventing attacks.’ Intelligence programs do not operate in isolation and terrorist attacks are not disrupted by the work of any one person or program. The NSA’s metadata program is a valuable analytical tool that assists intelligence personnel in their efforts to efficiently ‘connect the dots’ on emerging or current terrorist threats directed against Americans in the United States. The necessity of this program cannot be measured merely by the number of terrorist attacks disrupted, but must also take into account the extent to which it contributes to the overall efforts of intelligence professionals to quickly respond to, and prevent, rapidly emerging terrorist threats. [my emphasis]

In other words, Goodman presents evidence that the Gang of Four and a former top CIA official believe there are other reasons the phone dragnet is valuable, while someone relying on limited briefings evaluates the program based on its failure to stop any attack.

That ought to make Goodman ask what Morell and Dianne Feinstein know (or think they know) that Stone does not. It ought to make him engage seriously with their claim that the phone dragnet is doing something else beyond providing the single clues to prevent terrorist attacks.

One they’re not willing to talk about explicitly.

Assessments and the terrorist attack thwarted metric

Instead, Goodman assesses the phone dragnet solely on the basis of the public excuse offered over and over and over since the Guardian first published the Verizon order in June: to see which Americans are in contact with (alleged) terrorist associates so as to prevent an attack.

Goodman lectures program critics that identifying funders or members of terrorist groups might help find terrorists, too, and “peace of mind” might help dedicate resources most productively.

The key objective of course is to stop terrorist attacks against the US homeland and vital US interests abroad. An important distinction, however, is whether the intelligence generated by the program is:

(a) “direct”: timely information to foil a specific attack; or

(b) “indirect”: information that enables the government to degrade a terrorist group or decrease the general likelihood of attacks

Examples of the latter might include information on individuals who have joined or are funding a terrorist organization. Intelligence could help to identify and successfully prosecute such individuals, and hence disable them and deter others. The important point is that both types of information aid the overall goal of stopping terrorist attacks. That point appears to have been lost on some critics of the program. When the government cites the latter information yields, critics often consider such situations irrelevant or little to do with stopping attacks.

But Goodman imagines only those affirmatively supporting terrorism would help the government prevent terrorism, which is not necessarily the case.

Does the NSA’s network analysis even pick the right calls?

One thing missing from such assessments are the failures. Why didn’t, for example, Faisal Shahzad’s planning with the Pakistani Taliban identify him and his hawala before the attack? There are plausible explanations: he used good enough operational security such that he had no communications that could have included in the dragnets, his TTP phone and Internet contacts were not among the services sucked up, the turmoil in the phone and (especially) Internet dragnet in 2009 and 2010 led to gaps in the collection. Then there’s a far more serious one: that the methods NSA use to identify numbers of interest may not work, and may instead only be identifying those whose doings with terror affiliates are relatively innocent, meaning they don’t use operational security (though note the US-based phone dragnets would use more sophisticated analysis only after data gets put in the corporate store, whereas data collected overseas might be immediately subject to it).

And for those who, like Goodman, place great stock in the dragnet’s “peace of mind” metric, they need to assess not just the privacy invasion that might result, but the resources required to investigate all possible leads — which could have been upwards of 36,000 people in the Boston Marathon case.

That is, unless we have evidence that NSA’s means of picking the interesting phone contacts from the uninteresting ones works (and given the numbers involved, we probably don’t have that), then the dragnet may be as much a time suck as it is a key tool.

What about the other purposes the Intelligence Community has (quietly) admitted?

The other problem with assessments of the phone dragnet is they don’t even take the IC at its word in its other, quieter admissions of how it uses the dragnet (notably, in none of Stone’s five posts on the dragnet does he mention any of these — one, two, three, four, five — raising questions whether he ever learned or considered them). These uses include:

  • Corporate store
  • “Data integrity” analysis
  • Informants
  • Index

Corporate store: As the minimization procedures and a few FISC documents make clear, once the NSA has run a query, the results of that query are placed in a “corporate store,” a database of all previous query results. Continue reading

Sy Hersh Writing about Politicized Intelligence Again, Syria Edition

Sy Hersh has a long piece in the London Review of Books accusing the Obama Administration of cherry-picking intelligence to present its case that Bashar al-Assad launched the chemical weapons attack on August 21.

To be clear, Hersh does not say that Assad did not launch the attack. Nor does he say al-Nusra carried out the attack. Rather, he shows that:

  • At some unidentified time since the beginning of the Civil War, Assad had discovered and neutralized wiretaps on his inner circle, leaving US intelligence blind to discussions happening among his top aides
  • Sensors planted to detect any movement of Assad’s CW immediately had not been triggered by the August 21 attack
  • By June, some intelligence entity had concluded that an Iraqi member of al-Nusra had the capability to manufacture sarin in quantity

A lot of the story serves to establish that two days after the attack, the US had yet to respond to it, presumably because it did not have any intelligence Syria had launched the attack, in part because nothing had triggered the sensors that had worked in the past. To develop its intelligence on the attack days afterwards, the NSA performed key word searches on already-collected radio communications of lower level Syrian military figures.

‘There are literally thousands of tactical radio frequencies used by field units in Syria for mundane routine communications,’ he said, ‘and it would take a huge number of NSA cryptological technicians to listen in – and the useful return would be zilch.’ But the ‘chatter’ is routinely stored on computers. Once the scale of events on 21 August was understood, the NSA mounted a comprehensive effort to search for any links to the attack, sorting through the full archive of stored communications. A keyword or two would be selected and a filter would be employed to find relevant conversations. ‘What happened here is that the NSA intelligence weenies started with an event – the use of sarin – and reached to find chatter that might relate,’ the former official said. ‘This does not lead to a high confidence assessment, unless you start with high confidence that Bashar Assad ordered it, and began looking for anything that supports that belief.’ The cherry-picking was similar to the process used to justify the Iraq war.

Ultimately, according to one of Hersh’s sources, they used intelligence collected in response to last December’s Syrian exercise on CW as the basis for what the Syrians would have been doing in case of an attack.

The former senior intelligence official explained that the hunt for relevant chatter went back to the exercise detected the previous December, in which, as Obama later said to the public, the Syrian army mobilised chemical weapons personnel and distributed gas masks to its troops. The White House’s government assessment and Obama’s speech were not descriptions of the specific events leading up to the 21 August attack, but an account of the sequence the Syrian military would have followed for any chemical attack. ‘They put together a back story,’ the former official said, ‘and there are lots of different pieces and parts. The template they used was the template that goes back to December.’

The White House presented this cherry-picked intelligence 9 days after the attack to a group of uncritical journalists (Hersh notes Jonathan Landay was excluded).

That’s the damning part of Hersh’s story on the intelligence used to support the Syrian warmongering (it is largely consistent with observations made at the time).

Hersh also describes how the NYT ignored the conclusions of MIT professor Theodore Postol, who determined at least some of the shells used in the attack were locally manufactured and had a much shorter range than publicly described.

Ultimately, though, Hersh’s biggest piece of news describes how someone — he doesn’t say who, but this part of his story relies on a senior intelligence consultant of unidentified nationality — sent Deputy DIA Director David Shedd a report on June 20 concluding that a former Iraqi CW expert with the capability of manufacturing sarin was operating in Eastern Ghouta.

An intelligence document issued in mid-summer dealt extensively with Ziyaad Tariq Ahmed, a chemical weapons expert formerly of the Iraqi military, who was said to have moved into Syria and to be operating in Eastern Ghouta. Continue reading

Obama’s James Clapper’s Committee To Make You Love the Dragnet Has a Kiddie Table

Spencer Ackerman has a review of how the first two meetings of Obama’s Non-Tech Tech Review panel have gone. And while they went about as horribly as I suspected — certainly there was no talk of actually fixing obvious problems with the dragnet — there are a few details that show how “most exceptional” this effort is.

The White House, having taken pains to pretend James Clapper is not in charge of the Director of National Intelligence Review Group on Intelligence and Communications Technologies, referred comment to James Clapper.

The White House deferred comment to the Office of the Director of National Intelligence, which did not respond.

The Non-Tech Tech Review Panel comes with a kiddie table — or rather, a conference room almost two miles away from the White House, where the tech giants got to eat.

During its first round of meetings, the panel, known as the Review Group on Intelligence and Communications Technology, separated two groups of outside advisers. One group included civil libertarian organizations such as the ACLU and the Electronic Privacy Information Center. It met in a conference room on K and 20th Streets. Morrell and Clarke did not attend.

The other, which met in the White House Conference Center, included technology companies that have participated – sometimes uneasily and at court behest – in NSA surveillance. All five panel members participated.

I’m not surprised the CIA’s representative on the Committee to Make You Love the Dragnet refused to be seen at the kiddie table with civil libertarians. But Richard Clarke?

Finally, the tech companies appear not to have sent tech experts.

The meeting itself struck [New America Foundation VP Sascha] Meinrath as bizarre. Representatives from the technology firms were identified around the table not by their names, but by placards listing their employers. There was minimal technical discussion of surveillance mechanisms despite the presence of technology companies; Meinrath took the representatives to be lawyers, not technologists.

When it appeared like the meeting would discuss a surveillance issue in a sophisticated way, participants and commissioners suggested it be done in a classified meeting.

Apparently, Cass Sunstein didn’t even have to get caught proposing weird conspiracy theories to make this thing a laughingstock.

The No-Technologist Technology Review Panel

In addition to the four people ABC earlier reported would be part of Obama’s Committee to Learn to Trust the Dragnet, Obama added … another law professor, Geoffrey Stone. (Stone is [see update], along with Swire, a worthwhile member. But not a technologist.)

What’s fucking crazy about the committee is it has zero technologists to review a topic that is highly technical. Obama implicitly admits as much! He sells this committee for their “immense experience in national security, intelligence, oversight, privacy and civil liberties.” National security, intelligence, oversight, privacy, civil liberties. No technology.

On August 9, President Obama called for a high-level group of experts to review our intelligence and communications technologies. Today the President met with the members of this group: Richard Clarke, Michael Morell, Geoffrey Stone, Cass Sunstein and Peter Swire.

These individuals bring to the task immense experience in national security, intelligence, oversight, privacy and civil liberties. The Review Group will bring a range of experience and perspectives to bear to advise the President on how, in light of advancements in technology, the United States can employ its technical collection capabilities in a way that optimally protects our national security and advances our foreign policy while respecting our commitment to privacy and civil liberties, recognizing our need to maintain the public trust, and reducing the risk of unauthorized disclosure.

The President thanked the Members of the Group for taking on this important task and looks forward to hearing from them as their work proceeds. Within 60 days of beginning their work, the Review Group will brief their interim findings to the President through the Director of National Intelligence, and the Review Group will provide a final report and recommendations to the President. [my emphasis]

So in spite of the fact that the White House highlights technology in its mandate, that didn’t lead them to find even a single technologist.

Also: Cass Sunstein.

Also: the Committee does, in fact, report its findings through James Clapper, the guy whose programs they will review, they guy who lied to Congress.

At least the White House isn’t promising — as Obama originally did — that it will be an “outside” “independent” committee.

Update: Egads. I take back what I said about Stone, who said this in June.

[W]hat should Edward Snowden have done? Probably, he should have presented his concerns to senior, responsible members of Congress. But the one thing he most certainly should not have done is to decide on the basis of his own ill-informed, arrogant and amateurish judgment that he knows better than everyone else in government how best to serve the national interest. The rule of law matters, and no one gave Edward Snowden the authority to make that decision for the nation. His conduct was more than unacceptable; it was criminal.

DiFi Makes Her Point … Maybe?

The day after the stench of torture ruined Zero Dark Thirty’s Oscar hopes, Reuters reports that the Senate Intelligence Committee has dropped its probe of the movie.

One day after “Zero Dark Thirty” failed to win major awards at the Oscars, a congressional aide said on Monday the Senate Intelligence Committee has closed its inquiry into the filmmakers’ contacts with the Central Intelligence Agency.

The intelligence committee gathered more information from the CIA, film director Kathryn Bigelow, and screenwriter Mark Boal and will not take further action, according to the aide, who requested anonymity.

And that may be all there is to the story.

Or maybe not.

As was made clear by the correspondence between Dianne Feinstein and Mike Morell in December, what DiFi wanted was to make sure CIA was not making official claims that torture worked.

In addition to ZD30’s failures last night, something else has happened — or was scheduled to happen — since that time. The CIA was supposed to provide its response to SSCI’s Torture Report on February 15. And of course, because of the delay of Brennan’s confirmation, Morell remains the Acting Director at CIA.

While I’ve seen no reporting on what they said, I presume if they were at least open to the conclusions of the report, DiFi would have less reason to continue correcting the record on ZD30 publicly.

Who knows? Maybe she achieved two objectives with her public pressure? Sinking the chances of the movie, and pushing against any rejection of the report.

Emptywheel Twitterverse
bmaz @ScottGreenfield Agree. That said, Noble+Clark's affidavit seemed more suited to a §1983 civil case than a Grand Jury for a crime case.
bmaz RT @ScottGreenfield: The DA sought to bury this w/ a Saturday night release. Don't let it happen. This needs to be known. https://t.co/9QbV
bmaz Tamir Rice: All Relevant Evidence: https://t.co/F9G92za73p Is Prosecutor McGinty pulling a Bob McCulloch like Grand Jury sham? Yes.
bmaz @DougHaller Fine, let's go with the "get someone else" option. Graham is a terrible game coach.
bmaz @jujueyeball @mattfwood @dangillmor Also, you understand FBI is part of DOJ+what you are referring to is definitional, not operative, right?
bmaz @jujueyeball @mattfwood @dangillmor Oh, you graduated now huh. Well you keep at it. And dissent all you want, that is the correct reading.
bmaz @jujueyeball @mattfwood @dangillmor But, hey, you are a law student, I am sure you have it all covered.
bmaz @jujueyeball @mattfwood @dangillmor Well, except every professional in criminal law, including the DOJ disagree with that proposition.
bmaz @jujueyeball @mattfwood @dangillmor There are certain specified instances it covers. A man with a gun is not one of them, see e.g. Roof case
bmaz @jujueyeball @mattfwood @dangillmor Um, the pertinent statute is 18 USC §2331. It does NOT provide for domestic terrorism. Even DOJ says so.
JimWhiteGNV @emptywheel Returning to reality sucks.
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