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10 Years of emptywheel: Jim’s Dimestore

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

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

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

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

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

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

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

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

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

DESPITE METAPHYSICAL IMPOSSIBILITY, US GOVERNMENT REPEATEDLY ATTEMPTS RETROACTIVE CLASSIFICATION

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

PERSIANS PUNK PHOTO PRETENDERS: PARCHIN PRETTY IN PINK

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

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

JOHN GALT KILLS TEXANS IN MASSIVE FERTILIZER PLANT EXPLOSION

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

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

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

US DRONE STRIKE IN PAKISTAN REEKS OF POLITICAL RETALIATION YET AGAIN

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

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

image.ppat.v04.i11.g001

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

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

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

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

WAVING THE CONSTITUTION AT THOSE WHO IGNORE IT

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

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

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

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

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

Monday Morning: Tarantela [UPDATE]

I could listen to this piece on a loop. It’s Santiago de Murcia’s “Tarantela,” performed by noted lutist Rolf Lislevand. The instrument he is playing is as important as the music and his artistry; it’s an extremely rare Stradivarius guitar called the Sabionari. While tarantellas more commonly feature additional instruments and percussion like tambourines, this instrument is stunning by itself.

You can learn more about the Sabionari at Open Culture, a site I highly recommend for all manner of educational and exploratory content.

And now to dance the tarantella we call Monday.

Wheels

  • What’s the German word for ‘omertà’? Because Volkswagen has it (Forbes) — Besides the use of obfuscation by translation, VW’s culture obstructs the investigation into Dieselgate by way of a “code of silence.” And money. Hush money helps.
  • Growing percentage of VW investors want an independent investigation (WSJ) — An association 25,000 investors now demands an investigation; the problem continues to be Lower Saxony, the Qatar sovereign-wealth fund and the Porsche family, which combined own 92% of voting stock.
  • VW production workers get a 5% pay raise (IBT) — Is this “hush money,” too, for the employees who can’t afford to be retired like VW’s executives? The rationale for the increase seems sketchy since inflation is negligible and VW group subsidiary workers at Audi and Porsche won’t receive a similar raise.
  • Insanity? VW Group a buy opportunity next month (The Street) — Caveat: I am not a stockbroker. This information is not provided for investment purposes. Your mileage may vary. But I think this is absolute insanity, suggesting VW group stock may offer a buy opportunity next month when VW publishes a strategy for the next decade. If this strategy includes the same utterly opaque organization committing fraud to sell vehicles, is it smart to buy even at today’s depressed prices? The parallel made with Apple stock is bizarre, literally comparing oranges to Apples. Just, no.

Bad News (Media)

Cybersec

  • Organized criminals steal $13M in minutes from Japanese ATMs (The Guardian) — And then they fled the country. What?! The mass thefts were facilitated by bank account information acquired from an unnamed South African bank. Both Japan and SA use chip-and-pin cards — so much for additional security. Good thing this organized criminal entity seeks money versus terror. Interesting that the South African bank has yet to be named.(*)
  • Slovenian student receives 15-month suspended sentence for disclosing state-created security problems (Softpedia) — The student at Slovenia’s Faculty of Criminal Justice and Security in Maribor, Slovenia had been investigating Slovenia’s TETRA encrypted communications protocol over the last four years as part of a school project. He used responsible disclosure practices, but authorities did not respond; he then revealed the encrypted comms’ failure publicly to force action. And law enforcement went after him for exposing their lazy culpability hacking them.
  • Related? Slovenian bank intended target for Vietnamese bank’s SWIFT attempted hack funds (Reuters) — Huh. Imagine that. Same country with highly flawed state-owned encrypted communications protocol was the target for monies hackers attempted to steal via SWIFT from Vietnamese TPBank. Surely just a coincidence, right?

Just for the heck of it, consider a lunch read/watch on a recent theory: World War 0. Sounds plausible to me, but this theory seems pretty fluid.

Catch you here tomorrow morning!

* UPDATE — 1:20 P.M. EDT —
Standard Bank reported it had lost 300 million rand, or USD $19.1 million to the attack on Japanese ATMs. First reports in South African media and Reuters were roughly 11 hours ago or 9:00 a.m. Johannesburg local time. It’s odd the name of the affected bank did not get wider coverage in western media, but then South Africa has a problem with disclosing bank breaches. There were five breaches alleged last year, but little public information about them; they do not appear on Hackmageddon’s list of breaches. This offers a false sense of security to South African banking customers and to banks’ investors alike.

Japan Times report attribute the thefts to a Malaysian crime gang. Neither Japan Times nor Manichi mention Standard Bank’s name as the affected South African bank. Both report the thefts actually took place more than a week ago on May 15th — another odd feature about reporting on this rash of well-organized thefts.

Rauf Exploited One Last Time, Now Latest Drone Victim

On January 30, I noted how the varied history of Mullah Abdul Rauf Khadim had seen him on many different sides of the conflicts in Afghanistan and Pakistan. His history depends on whoever is describing it, but it is clear he spent time at Guantanamo, where leaked documents said that he was “substantially exploited“. He was released from Guantanamo and held for at least some time in Afghanistan’s notorious Pul-e-Charkhi prison. Many reports put him serving on the Quetta Shura of the Afghan Taliban at a later point and getting quite close to Mullah Omar. Most recently, he was said to be an active recruiter for the Islamic State and perhaps even serving as the IS governor of the region.

Multiple reports today state that Rauf has been killed by a US drone strike in Afghanistan. From the Reuters report:

A missile-firing drone killed six people in Afghanistan on Monday including a veteran militant believed to have defected to Islamic State (IS) from the Taliban, Afghan officials said.

The senior militant, former Guantanamo Bay detainee Mullah Abdul Rauf, was killed in the violence-plagued southern province of Helmand, officials there said.

Police chief Nabi Jan Mullahkhel said Rauf was travelling in a car when the drone attacked. The other casualties included his brother-in-law and four Pakistanis, Mullahkhel said.

More details from the area:

Afghanistan’s main intelligence agency, the National Directorate of Security (NDS), said in a statement Rauf was in charge of IS in southwestern Afghanistan and he was killed just after mid-day in “a successful military operation”.

Helmand’s deputy governor, Mohammad Jan Rasulyar, said Rauf’s membership of IS could not be confirmed but his associates were dressed in black outfits often worn by IS members.

“It is too early to confirm that he was Daish but his people were wearing the same clothes and mask,” Rasulyar said, referring to IS.

It is hardly surprising that the CNN account of his death would open with the recidivist angle:

He was a Taliban commander captured by the United States and held at Guantanamo Bay. But he was let go and returned to Afghanistan. Mullah Abdul Rauf went on to become a recruiter for ISIS in Afghanistan.

He was killed in a drone strike Monday, two officials told CNN.

And, as with seemingly all stories of this type at the early stages, the possibility that Rauf escaped has been presented. Khaama Press relays the same reports of Rauf’s death, but adds this to their story:

However, Pacha Gul Bakhtyar, Security Officer of Helmand Province had told Khaama Press earlier in the afternoon that Mullah Abdul Rawouf Khadim sustained serious injuries while four of his fighters were killed in the attack.

He said that Mullah Abdul Rawouf Khadim was traveling along with a group of his people in a Saracha vehicle when their vehicle was targeted, leaving Khadim seriously wounded and four of his people killed.

He said that Mullah Abdul Rawouf has escaped in wounded conditions.

So, while Afghanistan’s National Directorate of Security states outright that Rauf was in charge of IS recruiting for the region, the Ministry of the Interior was insisting as recently as Sunday that the presence of IS fighters in Afghanistan was nothing more than a publicity stunt:

Rejecting the infiltration of the Islamic State (IS) fighters to Afghanistan, the Ministry of Interior (MoI) has said the rumors about the sightings of theses fighters were nothing more than publicity.

MoI spokesman Sediq Sediqqi at a press conference on Sunday in Kabul said that the security agencies were aware of the movements of all enemies of the country.

He warned the Afghan National Security Forces (ANSF) would suppress all rebel groups whether they were operating under the name of IS or other brands.

As a final note, the case of Rauf and his constantly changing sides should be seen as the rule for areas where the US military has engaged in its misadventures rather than an exeception. Other stories in today’s news note disputes over Afghan police with ties to the Taliban and Iraqi militias operated by a member of Parliament attacking Iraqi citizens at the same time they pursue ISIS.

So, of course, the US should promptly arm troops in Ukraine, as well, so that we can have another region where US arms raise the stakes the rapid changing of sides in a conflict.

Where IS Abdul Rauf Khadim and Whose Side IS He On?

All of the ladies attending the ball
Are requested to gaze in the faces
Found on the dance cards

Please then remember
And don’t get too close to one special one
He will take your defenses and run

So we change partners
Time to change partners
You must change partners
Again

Lyrics by Stephen Stills

When last we left Mullah Abdul Rauf Khadim, only two short weeks ago, he had suddenly appeared on the scene in Afghanistan as a recruiter for ISIS. That was after he had spent time on the Taliban’s Quetta Shura as one of Mullah Omar’s top advisors. That was after he escaped from Afghanistan’s Pul-e-Charkhi prison. That was after he had been transferred to Pul-e-Charkhi from Guantanamo, where he was “substantially exploited“.

Today, Pakistan’s Express Tribune is reporting that the Mullah Omar of ISIS, none other than Abu Bakr Baghdadi himself, has named Rauf the head of the Islamic State in Afghanistan, which, in ISIS-speak, is now known as the Khorasan Province of the Islamic State. Khorasan also includes Pakistan and selected other surroundings according to ISIS.

That is a very interesting development, especially since earlier this week, there was a report that Rauf had been arrested by the Taliban. Here is Adam Weinstein, writing at Gawker:

The Taliban, bane of America’s post-9/11 Afghanistan operations, said Wednesday that they captured Mullah Abdul Rauf Khadim, a renegade insurgent and ex-Guantanamo detainee who was in Afghanistan recruiting for the Islamic State, the latest parry in a messy internecine conflict between violent Islamist regimes.

The independent Pajhwok news agency of Afghanistan reports that Khadim—who had previously been identified in the media as an ex-Taliban footsoldier who sought revenge against the U.S. after his detention in Gitmo—was arrested, along with 45 armed followers, after attempting to turn local militants against the Taliban and win their allegiance for ISIS’s attempts to build a global caliphate.

However, not everyone was convinced of that report. From Thomas Joscelyn, writing at Long War Journal, also on Wednesday, we have this:

Still, Khadim has been an effective commander and the Khorasan province is already active in southern Afghanistan. There have been skirmishes between Baghdadi’s followers and their rivals in the Taliban, which is clearly gunning for Khadim. One report says that the Taliban has captured Khadim and dozens of his followers, but that has not been confirmed.

Today’s announcement of Rauf as governor of Khorasan marked a rather rapid promotion for him, as a report by Joscelyn on Monday noted that Rauf had been named deputy governor.

Oh, and while you’re trying to sort out just whose side Rauf is on, or whose prison he is in this week, you can get even more confused about funding for ISIS and where it is coming from. Iran seems to be enjoying that particular tidbit.

Islamic State Recruiter in Afghanistan Was “Substantially Exploited” at Guantanamo

Many outlets are reporting on the disclosure earlier this week that there appears to be active recruiting for Islamic State taking place in Afghanistan’s Helmand province. Here is AP as carried by ABC News:

Afghan officials confirmed for the first time Monday that the extremist Islamic State group is active in the south, recruiting fighters, flying black flags and, according to some sources, even battling Taliban militants.

The sources, including an Afghan general and a provincial governor, said a man identified as Mullah Abdul Rauf was actively recruiting fighters for the group, which controls large parts of Syria and Iraq.

The article notes that the Taliban is not taking this development lightly and that there are reports that up to 20 people had died up to that point in skirmishes between the Taliban and those swearing allegiance to IS.

But Mullah Rauf is not just any random figure in Afghanistan. As the article notes, he was once a prisoner at Guantanamo.

In their profile of him this week, the Washington Post had this to say about Rauf:

Rauf is also known as Abdul Rauf Aliza and Maulvi Abdul Rauf Khadim. According to a military document released by the anti-secrecy group WikiLeaks, he turns 34 in February and was listed as detainee 108 at Guantanamo Bay. He was transferred to Afghanistan’s control in 2007.

The report on him released by WikiLeaks said he was associated with several known Taliban commanders, but claimed to be a low-level soldier. In interviews with U.S. officials, he was cooperative, but his responses were vague or inconsistent when asked about the Taliban leadership, according to the report. Nonetheless, Rauf was assessed not to be a threat, and was recommended for transfer out and continued detainment in another country.

That Wikileaks document on Rauf can also be read here at the New York Times. This particular paragraph in the report caught my eye:

Rauf exploited

The document from which this is taken is dated October 26, 2004. The parenthetic note from the analyst begins “Detainee is substantially exploited”. In the context of Guantanamo, the issue of prisoner exploitation is a very important topic. A groundbreaking post by Jason Leopold and Jeffrey Kaye in 2011 provides crucial context by what this aside from the analyst means for Rauf’s detention: Read more

Vindictive John Brennan Should Be Fired Before He Strikes Again

Rarely do we get to see both faces of John Brennan.

Rarely do we get to see both faces of John Brennan.

Since the release of the summary of the Senate Select Committee on Intelligence report on torture, I don’t think we’ve seen a return of the fawning press pieces over John Brennan where we see reverent mention of his moral rectitude. That’s a good thing, since the hummus incident in the report would suggest that those he leads at the CIA display something more like moral rectaltude. Sadly, though, it seems that outgoing Senator Mark Udall of Colorado is the lone voice in the wilderness calling for Brennan to be fired. Here he is on Wednesday, in the Senate, disclosing more information from the Panetta review on torture and calling for Brennan to be fired over his continued lies to Congress and the American people (at 3:09 of the video, “In other words, the CIA is lying.”):

As Udall notes, Brennan has continued to cover for CIA lies and misrepresentations to Congressional overseers. He also has mostly claimed that CIA torture saved lives, although yesterday he did engage in some semantics over that point, presumably in response to Udall’s Wednesday speech.

But besides Udall’s point about Brennan needing to be fired over his failure to clean house over torture or even to fully recognize it, there is another, stronger, reason to call for Brennan’s removal. Brennan has demonstrated, multiple times, that he will allow political vindictiveness to drive his actions. And he has done so in the worst possible way: in his previous counterterrorism role and then at CIA in his control of drone strikes.  As I have noted in this post and this one, drone strikes in which Brennan would have played a controlling role can be seen as being driven by political retaliation rather than security.

A man who has used drone strikes as political retaliation tools has no business running a CIA that is once again under siege for its crimes. Even though few in the US are calling for prosecutions, calls for prosecutions have now come from more than one UN figure.

Also, don’t forget another event that will factor into Brennan’s anger over calls for prosecutions and/or his removal: he undoubtedly feels that the anti-torture crowd caused him to have to wait to take his rightful role as head of CIA. Recall that he withdrew his name for consideration in 2008 due to his association with the torture program and has been director now for less than two years.

How can Barack Obama leave in office a man who has used lethal drone strikes in the past to score political points to remain in office when the organization he leads is under siege for its demonstrated breaches of international law? Brennan makes the case for his removal even more urgent when he says that a return to torture is simply a question for future policymakers rather than something that is clearly illegal.

Where Are They Now? Dozens of Prisoners Unaccounted For With Closure of US Bagram Prison

Both NBC and Reuters are reporting that the US has closed its prison at the Bagram air base that was used to house non-Afghan prisoners. After many fits and starts, the US had ceded control of (mostly?) all Afghan prisoners to Afghanistan last year. As far as I can tell, the last time we had an accounting of the foreign prisoners held at Bagram was in February, when the number sat at 49, although Adam Goldman noted that the US was busy trying to reduce that number.

There was a report of two Yemenis being transferred out of the facility back in August and Russian prisoner Irek Ilgiz Hamidullin was brought to the US for trial in November, but even as recently as earlier this week, when Latif Mehsud and two of his guards were repatriated to Pakistan, Dawn still reported that conventional wisdom put the number of foreign prisoners held at Bagram in the dozens. The Dawn report relayed a statement from the US embassy that the population was being reduced:

The US Embassy in Kabul said the three prisoners had been held at a detention centre near Bagram airfield.

The facility is believed to house several dozen foreign prisoners who the United States will no longer be allowed to keep in Afghanistan when the mission for the US-led force there ends later this month.

“We’re actually just going through and returning all the third-country nationals detained in Afghanistan to resolve that issue,” a US embassy spokeswoman said.

Note especially that the spokeswoman said “all the third-country nationals”. That stands out because Hamidullin was not the only prisoner held at Bagram who was expected to be brought to trial. Goldman’s report in February said that the “number of people being looked at for prosecution is in the single digits”. Are more of these prisoners already being held in the US in preparation for the filing of charges? Are they held elsewhere? Or were they repatriated instead?

But there were also some prisoners who can’t be tried but are still deemed “too dangerous to release”:

And bringing some of them to the United States for trial in a military commission, an option being considered by the Obama administration, could run into political opposition or may be stymied by a lack of court-ready evidence.

What happened to the prisoners whom the US deemed too dangerous to release but who lacked “court-ready evidence”?

The US prison at Bagram and Defense Department operated prisons throughout both Afghanistan and Iraq have a long, checkered history of lies and misdirection about facilities and their population. Further, this facility at Bagram has been used to house prisoners who were tortured. It seems likely that most of the 49 foreign prisoners known to be there in February have been repatriated without public announcements, but what about those who had been slated for indefinite detention? We now have a number of prisoners who were deemed dangerous and have disappeared in the last several months. Will their status ever be clarified? Will we be forced to concoct more crazy theories on where they went?

Update: It should be noted that both of the stories linked at the beginning of this post state that the last two prisoners transferred out of the US facility at Bagram were handed over to Afghan authorities. This represents a huge change in policy for Afghanistan. Under Hamid Karzai, Afghanistan was adamant that no foreign prisoners would be held in Afghan jails. With this move, it is clear that Ashraf Ghani has changed the policy. So perhaps Afghan prisons are where we will find all of the prisoners the US had slated for indefinite detention without charges?

UN Official: Prosecute “Systematic Crimes and Gross Violations of International Human Rights Law”

Ben Emmerson, UN Special Rapporteur for counterterrorism and human rights. (UN photo)

Ben Emmerson, UN Special Rapporteur for counterterrorism and human rights. (UN photo)


Ben Emmerson is the UN’s Special Rapporteur on counterterrorism and human rights. His statement released yesterday in response to the SSCI torture report points out the clear responsibilities that the US has under the Convention Against Torture and other international human rights laws to prosecute not only those who carried out torture, but those who designed the torture program and gave orders for its implementation.

Emmerson opens by noting the delay in release of the report’s summary:

I welcome the belated publication of the summary report by the United States Senate Select Committee on Intelligence into the crimes of torture and enforced disappearance of terrorist suspects by the Bush-era CIA. It has taken four years since the report was finalised to reach this point. The Administration is to be commended for resisting domestic pressure to suppress these important findings.

In my 2013 report* to the Human Rights Council as SpeciaI Rapporteur, I called on the US Government to release the report without further delay, and to ensure that it was published in full, without excessive and unnecessary redactions.

It seems a bit strange to me that Emmerson would commend the “administration” for “resisting domestic pressure to suppress these important findings”. We can only presume that “administration” refers to the Obama administration. It has been clear that in many instances of the struggle by the SSCI to release the report, the Obama administration has come down more on the side of the CIA than the committee. Only if the committee itself is included in Emmerson’s view of the “administration” does the comment make sense.

Emmerson then gets down to business:

The summary of the Feinstein report which was released this afternoon confirms what the international community has long believed – that there was a clear policy orchestrated at a high level within the Bush administration, which allowed to commit systematic crimes and gross violations of international human rights law.

The identities of the perpetrators, and many other details, have been redacted in the published summary report but are known to the Select Committee and to those who provided the Committee with information on the programme.

So we know that crimes have been committed. Further, the committee also knows who is responsible for those crimes. What to do about it?

It is now time to take action. The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes.

The fact that the policies revealed in this report were authorised at a high level within the US Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability.

Note the language here. Emmerson doesn’t say that those responsible for the crimes should be brought to justice. He says outright that they MUST be brought to justice. Emmerson further points out that being authorized at a high level in the government gives no protection. Further, he notes a “conspiracy” to carry out the crimes.

Emmerson then goes on to destroy Barack Obama’s “look forward” bullshit and John Durham’s coverup disguised as an investigation:

International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.

As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes.

Obama, Holder and Durham simply cannot grant immunity for these crimes. International law forbids it. More specifically, the Convention Against Torture, to which the US is a signatory, prohibits it. Similarly, the Convention on Enforced Disappearances also comes into play in the crimes committed by the US and also prevents the granting of immunity that Obama has tried to orchestrate.

Emmerson’s conclusion reiterates those points and provides a warning to those guilty of these crimes:

It is no defence for a public official to claim that they were acting on superior orders. CIA officers who physically committed acts of torture therefore bear individual criminal responsibility for their conduct, and cannot hide behind the authorisation they were given by their superiors.

However, the heaviest penalties should be reserved for those most seriously implicated in the planning and purported authorisation of these crimes. Former Bush Administration officials who have admitted their involvement in the programme should also face criminal prosecution for their acts.

President Obama made it clear more than five years ago that the US Government recognises the use of waterboarding as torture. There is therefore no excuse for shielding the perpetrators from justice any longer. The US Attorney General is under a legal duty to bring criminal charges against those responsible.

Torture is a crime of universal jurisdiction. The perpetrators may be prosecuted by any other country they may travel to. However, the primary responsibility for bringing them to justice rests with the US Department of Justice and the Attorney General.

Emmerson specifically calls out those who planned and authorized the torture as deserving the “heaviest penalties”.

And they need to be careful. Even though they are facing no punishment in the US for their crimes, these criminals can face prosecution should they travel abroad because torture is a crime subject to universal jurisdiction. Under universal jurisdiction, other countries would normally defer to the US for prosecution of crimes carried out by citizens of the US. However, once it is clear that no such prosecutions will take place, other countries are free to act.

Although I’d like to see them inside cells of much smaller dimensions, it appears that for now those who designed the CIA torture program and ordered its implementation are now imprisoned within the borders of the US because they are at risk of real prosecution while traveling outside the borders.

Why US Wants BSA With Criminal Immunity: Amnesty Reports US War Crimes in Afghanistan Not Prosecuted

Barack Obama faces a huge amount of pressure during the current meltdown of Iraq because he withdrew all US military forces from the country. As I have pointed out in countless posts, the single controlling factor for that withdrawal was that Iraq refused to provide criminal immunity to US troops who remained in Iraq past December 31, 2011.

A very similar scenario is playing out now in Afghanistan. Hamid Karzai has refused to sign the Bilateral Security Agreement that will provide criminal immunity to US troops remaining beyond the end of this year. Both Abdullah Abdullah and Ashraf Ghani have stated that they will sign the BSA immediately upon taking office, but the recount of their runoff election remains mired in dysfunction over how to eliminate fraudulent votes. John Kerry has visited twice to get the candidates to cease sparring, but dysfunction has quickly ensued after both visits. Meanwhile, the clock ticks ever closer to expiration of the current agreement providing immunity.

All along, the US framing for insisting on criminal immunity for troops is based on avoiding the chaos of soldiers facing false charges that might be brought through a court system that lacks the safeguards of the US court system or even the US military courts. But a report (pdf) released Friday by Amnesty International provides solid evidence that the US has failed, on multiple verified occasions, to take any action to pursue those responsible for clear war crimes in Afghanistan. That stands out to me as the real reason the US insists on criminal immunity.

Amnesty sums up their findings in the press release accompanying the report:

Focusing primarily on air strikes and night raids carried out by US forces, including Special Operations Forces, Left in the Dark finds that even apparent war crimes have gone uninvestigated and unpunished.

“Thousands of Afghans have been killed or injured by US forces since the invasion, but the victims and their families have little chance of redress. The US military justice system almost always fails to hold its soldiers accountable for unlawful killings and other abuses,” said Richard Bennett, Amnesty International’s Asia Pacific Director.

“None of the cases that we looked into – involving more than 140 civilian deaths – were prosecuted by the US military. Evidence of possible war crimes and unlawful killings has seemingly been ignored.”

The description continues:

Two of the case studies — involving a Special Operations Forces raid on a house in Paktia province in 2010, and enforced disappearances, torture, and killings in Nerkh and Maidan Shahr districts, Wardak province, in November 2012 to February 2013 — involve abundant and compelling evidence of war crimes. No one has been criminally prosecuted for either of the incidents.

Qandi Agha, a former detainee held by US Special Forces in Nerkh in late 2012, spoke of the daily torture sessions he endured. “Four people beat me with cables. They tied my legs together and beat the soles of my feet with a wooden stick. They punched me in the face and kicked me. They hit my head on the floor.” He also said he was dunked in a barrel of water and given electrical shocks.

Agha said that both US and Afghan forces participated in the torture sessions. He also said that four of the eight prisoners held with him were killed while he was in US custody, including one person, Sayed Muhammed, whose killing he witnessed.

Of course, the US claims that while it wants troops immune from prosecution in Afghanistan under trumped up charges, crimes will be investigated by US authorities. The Amnesty report puts that lie to rest. Again, from the press release:

Of the scores of witnesses, victims and family members Amnesty International spoke to when researching this report, only two people said that they had been interviewed by US military investigators. In many of the cases covered in the report, US military or NATO spokespeople would announce that an investigation was being carried out, but would not release any further information about the progress of the investigation or its findings – leaving victims and family members in the dark.

“We urge the US military to immediately investigate all the cases documented in our report, and all other cases where civilians have been killed. The victims and their family members deserve justice,” said Richard Bennett.

Yeah, I’m sure the military will get right on that. Sometime in the next century or two.

The report provides three recommendations to the government of Afghanistan:

 Create a credible, independent mechanism to monitor, investigate and report  publicly on civilian deaths and injuries caused by the ANSF, and to ensure timely and effective remedies. This mechanism should include detailed procedures for recording casualties, receiving claims, conducting investigations, carrying out disciplinary measures including prosecutions where warranted, and ensuring reparation, including restitution, compensation, and rehabilitation.

 Ensure that accountability for civilian casualties is guaranteed in any future bilateral security agreements signed with NATO and the United States, including by requiring that international forces provide a regular accounting of any incidents of civilian casualties, the results of investigations into such incidents, and the progress of any related prosecutions. Such agreements should exclude any provision that might infringe upon Afghanistan’s obligations under the Rome Statute of the International Criminal Court.

 Continue to press the US and NATO authorities to take meaningful steps to enhance civilian protection, investigate reports of civilian casualties, and prosecute violations of international humanitarian law that result in civilian casualties.

Those recommendations are terrific, but they are completely meaningless when applied to what is really happening in Afghanistan. None of the good things in that list have any chance of even making it into the language of the already negotiated BSA, and even if they did, no enforcement of it would ever be allowed. After all, the US is the country that even has passed a law allowing use of military force to “rescue” any citizen facing charges in the ICC. It doesn’t matter whether George W. Bush or Barack Obama is the Commander in Chief, the US military will go wherever it wants, kill whoever it wants, and allow the vast majority of its crimes to go without consequence.

That is the particular freedom they hate us for.

Torture for US, Retire With Impunity

Gulalai's face, as seen in photo accompanying Washington Post story on his comfortable life in Southern California.

Gulalai’s face, as seen in photo accompanying Washington Post story on his comfortable life in Southern California.

Torturing on behalf of the United States appears to be a career move that results in a comfortable lifestyle after moving on from government service. Jose Rodriguez, who both ordered up torture and then personally destroyed video evidence of it, now profits from those events through book sales. James Mitchell, who was integral to the design of the torture program, now lives quietly in Land O’Lakes, Florida and until very recently didn’t even have to bother talking with reporters, let alone crime investigators. Of course, if you choose to expose US torture, it’s prison for you, as John Kiriakou has demonstrated.

But the disgusting free status of Rogdriguez and Mitchell pales in comparison to the level of depravity in the known history of personal involvement in torture for Haji Gulalai and how it was revealed yesterday that Gulalai is now living a quiet, comfortable life just outside Los Angeles. [Just as a bit of life advice, never piss off Julie Tate, as her work in finding Gulalai is perhaps the best bit of investigative journalism in the US in decades.]

Even very early in the US misadventures in Afghanistan, Gulalai was a favorite for the US and its press. Here is a bit from CNN in December of 2001:

Despite intelligence reports indicating the location of Mullah Mohammed Omar, a senior Afghan official said going after the Taliban leader is not a priority.

Haji Gulalai, Kandahar’s intelligence chief, said information suggests that Omar is in Helmand province, west of Kandahar, in a district called Baghran.

He says the priority of officials in the Kandahar region is to rebuild the country and the city of Kandahar first, not chasing after Omar.

Gulalai played a special role in development of the Afghan government, eventually becoming, as described in the Post article, Afghanistan’s “torturer in chief”:

Since its inception, the NDS [National Directorate of Security] has depended on the CIA to such an extent that it is almost a subsidiary — funded, trained and equipped by its American counterpart. The two agencies have shared intelligence, collaborated on operations and traded custody of prisoners.

Gulalai was considered a particularly effective but corrosive figure in this partnership. He was a fierce adversary of the Taliban, officials said, as well as a symbol of the tactics embraced by the NDS.

“He was the torturer in chief,” said a senior Western diplomat, who recalled meeting with a prisoner at an NDS facility in Kabul to investigate how he had been treated when Gulalai entered unannounced. The detainee became agitated and bowed his head in submission. “He was terrified, which made sense,” the diplomat said. Gulalai was “a big wheel in a machine that ground up a lot of people.”

In setting up the torture program for Afghanistan, Gulalai was paid directly by the CIA:

“It was chaos; you had to start from scratch,” said a former senior U.S. intelligence official involved in the effort. The agency equipped the NDS with a fleet of vehicles brought up through Pakistan, delivered office supplies to a Kabul building that the Taliban had trashed and provided a stream of cash to cover payroll. “Money would come in on aircraft, we’d put it through a counting machine and distribute it in duffel bags,” said the former U.S. official, who spoke on the condition of anonymity to discuss the CIA’s role.

Gulalai distinguished himself particularly for his torture in Kandahar: Read more