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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.

Iran, P5+1 “Succeeded in Making History”

It has been a very long road since the announcement in November of 2013 that a preliminary agreement between Iran and the P5+1 group of nations had been made on Iran’s nuclear technology. There have been extensions along the way and times when a permanent deal appeared imminent along with times when no such deal seemed possible. Despite tremendous pressure from Israel and the neocon lobby who lust after a war with Iran, the outlines for a permanent deal are now in place. What remains is to nail down the details by the June 30 deadline when the extensions of the interim agreement expire. Laura Rozen and Barbara Slavin capture the historic significance of what has been achieved:

We have “found solutions,” Iran Foreign Minister Mohammad Javad Zarif first proclaimed on Twitter on April 2, “Ready to start drafting immediately.”

We have “succeeded in making history,” Zarif said at a press conference here April 2. “If we succeed, it is one of the few cases where an issue of significance is solved through diplomatic means.”

We have “reached a historic understanding with Iran, which, if fully implemented, will prevent it from obtaining a nuclear weapon,” US President Barack Obama said from the White House rose garden after the deal was announced April 2.

What stands out about the agreement is just how much Iran was forced to give up on issues that had been seen by most observers as non-negotiable. Jonathan Landay interviewed a number of nuclear experts on the agreement:

On its face, the framework announced Thursday for an agreement that limits Iran’s nuclear program goes further toward preventing Tehran from developing a nuclear weapon than many experts expected it would, including requiring an international inspection system of unprecedented intrusiveness.

The Agreement

The version of the agreement as released by the US can be read here. Let’s take a look by sections.

The first section addresses the general concept of uranium enrichment. Although hardliners in the US want all enrichment in Iran stopped, it was clear that Iran would never have agreed to stop. But what has been achieved is staggering. Iran will take two thirds of its existing centrifuges offline. Those centrifuges will be placed in a facility under IAEA inspection, so there is no concern about them winding up in an undisclosed facility. Further, only Iran’s original IR-1 centrifuge type will be allowed. That is a huge concession by Iran (everybody knows the IR-1’s suck), as they had been developing advanced centrifuges that are much more efficient at enrichment. Many critics of a deal with Iran had suspected that advanced centrifuges would be a route that Iran would use to game any agreement to increase their enrichment capacity if only the number and not the type of centrifuge had been restricted. Further, Iran will not enrich uranium above 3.67% for a period of 15 years. And the stockpile of 3.67% uranium will be reduced by 97%, from 10,000 kg to 300 kg. This reduction also will apply for 15 years. This section also carries an outright statement of targeting a breakout time of 12 months to produce enough enriched uranium for a bomb. [But as always, it must be pointed out that merely having enough enriched uranium for a bomb does not make it a bomb. Many steps, some of which there is no evidence Iran has or could develop under intense international scrutiny, would remain for making a bomb.]

The next section of the agreement is titled “Fordo Conversion”. Iran’s Fordo site is the underground bunker built for uranium enrichment. Iran has agreed not to enrich uranium at Fordo or to have uranium or any other fissile material present for 15 years. While many have advocated a complete shutdown of Fordo, the agreement provides a very elegant alternative. Fordo will now become a research site under IAEA monitoring. Had the site shut down, where would all of the scientists who work there now have gone? By keeping them on-site and under IAEA observation, it strikes me that there is much less concern about those with enrichment expertise slinking into the shadows to build a new undeclared enrichment facility.

The section on the Natanz facility follows Read more

Heinonen Moves Deceptive Anti-Iran Campaign from Washington Post Opinion Page to New York Times News Page

Composite figure of partial screengrabs from the Leadership page for United Against Nuclear Iran showing Heinonen's role as a member of its Advisory Board. Remarkably, Heinonen prefers not to note this role while his spouting his strongest anti-Iran positions.

Composite figure of partial screengrabs from the Leadership page for United Against Nuclear Iran showing Heinonen’s role as a member of its Advisory Board. Remarkably, Heinonen prefers not to note this role while his spouting his strongest anti-Iran positions.

Last week, I called attention to the fact that in printing an op-ed by Olli Heinonen (co-authored by Michael Hayden and Ray Takeyh), the Washington Post failed to disclose Heinonen’s position on the advisory board of the anti-Iran group United Against Nuclear Iran. One week later, the Post still has not corrected its identification of Heinonen. Today, we see that Heinonen’s deceptive anti-Iran campaign continues, where he appears as a key expert quoted in a front page New York Times article by David Sanger and Michael Gordon. Once again, Heinonen is only identified by his previous IAEA and current Harvard roles, ignoring his more relevant current role with UANI.

Ironically, today’s Times story is a follow-up to a story in November in which Sanger committed a glaring error which still has not been noted by the Times. Heinonen’s co-conspirator from the Post op-ed, Ray Takeyh, also makes an appearance in today’s Sanger and Gordon article, suggesting that their propaganda will remain as a package deal for the duration of the P5+1 negotiations.

Note also that last Monday, the defamation case by Victor Restis against UANI was thrown out by a district court after the Department of Justice successfully intervened to have the case quashed under a claim that state secrets would have been divulged. Writing in Bloomberg View, Noah Feldman mused:

What makes matters worse is the lingering possibility, indeed probability, that what the government fears is not a true threat to national security, but a severe case of embarrassment. It’s difficult to escape the conclusion that United Against is a front organization for U.S. intelligence, possibly acting in conjunction with other foreign intelligence services. The allegation that Restis was doing business in Iran seems almost certain to have come from one of these intelligence services. Would acknowledging cooperation between, say, the Central Intelligence Agency and Mossad regarding Iran really upend national security? True, it’s a delicate time in the Iran nuclear negotiations. But no one, least of all the Iranians, doubts that U.S. and Israeli intelligence collaborate.

Though Feldman notes that it seems obvious there is an intelligence conduit between the CIA and/or Mossad and UANI and he even notes that disclosing this now would be awkward for the P5+1 negotiations, he should have gone further to note that this intelligence link, and the subsequent selective leaks, seem aimed to disrupt those negotiations and prevent an agreement.

In that same vein, it should be noted that the Sanger and Gordon article focuses only on barriers to an agreement. In addition to Heinonen and Takeyh, the article also sought out comment from John Boehner. No comment was offered in the article from anyone favoring an agreement or suggesting that Iran has abided by the terms of the interim agreement (although they do note IAEA has reported this cooperation) despite Boehner’s protestation that the Iranians don’t keep their word.

Further, Sanger and Gordon write that Heinonen published a paper on the breakout time needed for Iran to enrich enough uranium to weapons grade to produce a bomb. As a scientist, when I read that someone has published a paper, I assume that means it has appeared in a peer-reviewed journal. Following the link in the Times article for Heinonen’s “paper”, though, brings one to the website for a think tank, where Heinonen’s piece is only referred to as a fact sheet. [And, true to form, the site mentions Heinonen’s former IAEA role but not his current UANI role.]

It is impossible for me to escape the conclusion that Olli Heinonen and Ray Takeyh are part of an organized propaganda campaign aimed at disrupting the P5+1 talks and preventing an agreement. This propaganda is eagerly published by a compliant press, with the New York Times, Washington Post and AP among the most recent examples I have noted.

It is long past time for Heinonen to list his UANI affiliation in all his public pronouncements. His refusal to do so can only be seen as deception on his part and an effort to lend IAEA and Harvard credence to UANI propaganda.

Update: The US has disputed the central claim of the Sanger and Gordon article at the heart of this post. Sanger and Gordon report on that here.

Washington Post Fails to Disclose Heinonen’s UANI Connection in Anti-Iran Op/Ed

We are now in the “final” week of negotiations to set the framework for the P5+1 long-term agreement on Iran’s nuclear technology. With so much in the balance, voices are popping up from every direction to offer their opinions on what constitutes a good or bad deal. While Netanyahu’s address to Congress dominated the headlines in that regard, other sources also have not held back on offering opinions. In the case of Netanyahu, informed observers considering his remarks knew in advance that Netanyahu considers Iran an “existential threat” to Israel and that violent regime change in Iran is his preferred mode of addressing Iran’s nuclear technology. When it comes to other opinions being offered, it is important to also have a clear view of the backgrounds of those offering opinions so that any biases they have can be brought into consideration.

With that in mind, the Washington Post has committed a gross violation of the concept of full disclosure in an Iran op/ed they published yesterday. I won’t go into the “substance” of this hit piece on Iran, suffice it note that the sensationalist headline (The Iran time bomb) warns us that the piece will come from an assumption that Iran seeks and will continue to seek a nuclear weapon regardless of what they agree to with P5+1.

The list of authors for this op/ed is an anti-Iran neocon’s wet dream. First up is Michael Hayden. The Post notes that Hayden led the CIA from 2006-2009 and the NSA from 1999 to 2005. I guess they don’t think it’s important to note that he now is a principal with the Chertoff Group and so stands to profit from situations in world politics that appear headed toward violence.

The third of the three authors is perhaps the least known, but he’s a very active fellow. Here is how Nima Shirazi describes Ray Takeyh:

Takeyh is a mainstay of the Washington establishment – a Council on Foreign Relations Senior Fellow before and after a stint in the Obama State Department and a founding member of the neoconservative-created Iran Strategy Task Force who has become a tireless advocate for the collective punishment of the Iranian population in a futile attempt to inspire homegrown regime change (if not, at times, all-out war against a third Middle Eastern nation in just over a decade). Unsurprisingly, he dismisses out of hand the notion that “the principal cause of disorder in the Middle East today is a hegemonic America seeking to impose its imperial template on the region.”

The Post, of course, doesn’t mention Takeyh’s association with the group Shirazi describes, nor his membership in another Iran Task Force organized by the Jewish Institute for National Security Affairs.

Sandwiched between Hayden and Takeyh, though, is the Post’s biggest failure on disclosure. Olli Heinonen is described by the Post simply as “a senior fellow at Harvard’s Belfer Center for Science and International Affairs and a former deputy director general of the International Atomic Energy Agency”. As such, uninformed readers are likely to conclude that Heinonen is present among the authors to serve as a hefty dose of neutrality,given his background in the IAEA. Nothing could be further from the truth. What the Post fails to disclose is that Heinonen is also a prominent member of the Advisory Board of United Against Nuclear Iran.

Not only is UANI an advocacy group working against Iran, but they are currently embroiled in litigation in which it has been learned that UANI has come into possession of state secrets from the United States. The Department of Justice has weighed in on the UANI case, urging the judge to throw the case out on the grounds that continuing to litigate it will disclose the US state secrets that UANI has obtained. Since the litigation involves UANI actions to “name and shame” companies it accuses of violating US sanctions against Iran, one can only assume that the state secrets leaked to UANI involve Iran.

How in the world could the Washington Post conclude that Heinonen’s role on the Advisory Board for United Against Nuclear Iran would not be something they should disclose in publishing his opinion piece entitled “The Iran time bomb”?

Oh, and lest we come to the conclusion that failing to note Heinonen’s UANI connection is a one-off thing in which Heinonen himself is innocent, noted AP transcriptionist of neocon anti-Iran rhetoric George Jahn used Heinonen in exactly the same way a month ago.

We can only conclude that Heinonen is happily doing the neocons’ bidding in their push for war with Iran.

Update from emptywheel: The judge in Victor Restis’ lawsuit just dismissed the suit on state secrets grounds. Here’s the opinion, h/t Mike Scarcella.

AP’s Matt Lee: US Officials Say Netanyahu Trying to Destroy Iran Negotiations

I haven’t chimed in yet on the political drama that has been building around the approaching deadline in the P5+1 negotiations with Iran and the massive breach of protocol by John Boehner in inviting Benjamin Netanyahu to address Congress just before the deadline (and just before elections in Israel). More recent rumblings on that front had the US already stating Obama would not meet with Netanyahu, along with suggestions that both John Kerry and Joe Biden are likely to be out of the country when Netanyahu is in Washington. Further, hints were coming out that the US is becoming increasingly irritated with Bibi over his leaking of information that the US has shared on how negotiations with Iran are proceeding.

AP’s Matt Lee shed much more light on these issues yesterday. He forced State Department spokesperson Jen Psaki to confirm that the US has now started withholding “classified” parts of the negotiations from Israel. Lee went beyond what he was able to pry out during Psaki’s briefing, producing confirmation that the US now feels that Netanyahu is determined to prevent any final deal between the P5+1 and Iran:

The Obama administration said Wednesday it is withholding from Israel some sensitive details of its nuclear negotiations with Iran because it is worried that Israeli government officials have leaked information to try to scuttle the talks — and will continue to do so.

In extraordinary admissions that reflect increasingly strained ties between the U.S. and Israel, the White House and State Department said they were not sharing everything from the negotiations with the Israelis and complained that Israeli officials had misrepresented what they had been told in the past. Meanwhile, senior U.S. officials privately blamed Prime Minister Benjamin Netanyahu himself for “changing the dynamic” of previously robust information-sharing by politicizing it.

Working behind the scenes, Lee was able to get unnamed officials to fill in more detail:

But while Earnest and Psaki said the limitations on information sharing were longstanding, U.S. officials more directly involved in the talks said the decision to withhold the most sensitive details of the negotiations dated back only several weeks.

Those officials, speaking on condition of anonymity because they were not authorized to speak publicly, said the administration believes Netanyahu, who is facing a March 17 election at home, has made a political decision to try to destroy the negotiations rather than merely insist on a good deal. This, they said, had led to politically motivated leaks from Israeli officials and made it impossible to continue to share all details of the talks, particularly as Netanyahu has not backed down on his vow to argue against a nuclear deal when he speaks to Congress.

And here’s where it gets really interesting. Pushing on the issue of just what Israel has been leaking, Lee has this:

Neither Earnest nor Psaki would discuss the details of the leaks, but senior U.S. officials have expressed consternation with reports in the Israeli media as well as by The Associated Press about the number of centrifuges Iran might be able to keep under a potential agreement. Centrifuges are used to enrich uranium and diplomats familiar with the talks have said Iran may be allowed to keep more of them in exchange for other concessions under current proposals that are on the table.

Oh my. There is only one person we could be talking about when it gets to leaks from Israel on anything to do with the Iranian nuclear program. That would be none other than George Jahn, noted transcriber of Israeli leaks since they whole debate began. And just two days ago, Jahn regaled us with a piece titled “Good or bad Iran nuke deal? Israel vs the US administration“. And just look what detailed information about centrifuge numbers Jahn managed to obtain: Read more

What State Secrets Does UANI Have? How Did They Get Them?

In the aftermath of publication of the Pentagon Papers, the Nixon Administration was so incensed that they both broke into and wiretapped the office of Daniel Ellsberg’s psychiatrist, Lewis Fielding, in an attempt to get material with which to smear Ellsberg. Ellsberg and his attorneys eventually learned of the illegal wiretap and sued Attorney General John Mitchell. Mitchell and the government were provided some shielding in Ellsberg v. Mitchell by the concept of state secrets.

Glenn Greenwald noted that when he was running for office, Barack Obama disparaged the Bush Administration’s use of the doctrine of state secrets and the expansion of its use to dismiss entire cases rather than to simply suppress individual pieces of information. And yet, once Obama got into office, Greenwald pointed out that the Obama Administration used the exact same tactic to get dismissal of Mohamed v. Jeppesen Dataplan, in which a victim of CIA rendition and torture attempted to sue the company used as a front for arranging rendition flights.

These two cases, along with other highpoints of government malfeasance in using state secrets to hide criminal behavior or simple errors by the government such as Al-Aulaqi v. Obama and Al-Haramain v. Bush all appear as case law on which the Justice Department rests its arguments in a filing (pdf) in a case in which Greek shipping executive Victor Restis is suing United Against Nuclear Iran (under their legal name of American Coalition Against Nuclear Iran, Inc.) for damages caused by UANI’s spreading of information that Restis argues is false and defaming. As I pointed out earlier, this information was spread by UANI as part of their “name and shame” campaign aimed at companies they felt were helping Iran to avoid sanctions put into place to prevent Iran developing nuclear weapons. The government’s argument is fairly straightforward, even though the government is not a named party in the suit:

The United States has reviewed the pleadings and record in this case in order to determine whether discovery and further litigation is likely to risk disclosure of information in which the Government has a specific governmental privilege and whether the claims and defenses in this action can be adjudicated without the need for or risk of disclosure of privileged information.

The Government has concluded that information that would be at risk of disclosure in discovery and further proceedings is properly subject to the state secrets privilege and should be excluded from this case. Further, because information subject to the state secrets privilege is inherently at risk of disclosure in further proceedings, the Government also seeks dismissal of this lawsuit. The reasons for these determinations are set forth in classified declarations submitted in support of the United States’ assertion of the state secrets privilege solely for the Court’s ex parte, in camera review (the “State Secrets Privilege Declarations”).

So just what is this state secrets information that could be exposed in the case? Here (pdf) is how attorneys for Restis describe the basis for UANI’s accusations:

Plaintiffs soon learned through a journalist to whom Defendants had spread these false allegations that Defendants were relying on two patently fraudulent documents whose authenticity or credibility Defendants have never attempted to defend, despite ample opportunity to do so. Nevertheless, in an effort to bolster its false allegations, Defendants repeatedly and publicly claimed that these statements were based on “numerous documents and statements,” “highly credible confidential sources,” as well as “valid research, credible documents, distinguished relationships, and preeminent sourcing.”

Hmmm. Relying on documents that are “patently fraudulent”. That sounds a lot like the forged Iraq yellowcake document to me. And Restis’ team has an idea for how the documents came into UANI’s possession (from the same filing):

Plaintiffs have reason to believe that the documents were forged by Anastasios Pallis, a Greek businessman who had a falling out with Plaintiff Mr. Restis when the latter discovered that the former had stolen millions of Euros from him and then reported Pallis to authorities. Plaintiffs understand that Mr. Pallis provided these documents to UANI through Meir Dagan, a member of UANI’s Advisory Board and former director of Israeli intelligence.

Elsewhere, the Restis team lays out (pdf) some of the evidence for forgery: Read more

Final Push for P5+1 Deal Begins Against Backdrop of US Working With Anti-Iran Groups

Very high level US diplomats, including William Burns and Wendy Sherman, are in Geneva for talks today and tomorrow (for the second time in a month) with  an Iranian delegation headed by Abbas Araghchi, whose position in Iran’s Foreign Ministry is similar to theirs. This meeting follows one on Monday between the EU’s chief negotiator Catherine Ashton and Iran’s Foreign Minister Mohammad Zarif. Reuters has more on today’s meetings, informing us that they are a prelude to the resumption of P5+1 negotiations (which now have a November 24 deadline when the interim deal expires):

Iran and the United States met in Geneva for bilateral talks on Thursday as international diplomacy intensifies to end a decade-old dispute over Tehran’s atomic activities by a new deadline in late November.

The office of European Union foreign policy chief Catherine Ashton confirmed Iran and six world powers would hold their first negotiating round since they failed to meet a July 20 target date for an agreement in New York on Sept. 18.

It is a wonder that Iran continues negotiations, as the US blacklisted a new group of companies last week that it accused of trying to help Iran work around sanctions. More from the Reuters article:

State news agency IRNA and a U.S. official confirmed the discussions were underway. “If there is good will and a constructive approach, we can reach a desired result before Nov. 24,” IRNA quoted Iran’s deputy foreign minister Majid Takht-Ravanchi as saying late on Wednesday. The United States last week penalized a number of Iranian and other foreign companies, banks and airlines for violating sanctions against Tehran, saying it was sending a signal that there should be no evasion of sanctions while talks continue. Rouhani said on Saturday the sanctions were against the spirit of negotiations, but added he was not pessimistic about the viability of the talks.

There is a very interesting backstory on parts of the blacklisting process. A seemingly “independent” group, United Against Nuclear Iran, has been very active in the process of “naming and shaming” individuals, companies and organizations that it accuses of violating the spirit of the sanctions against Iran. Despite the fact that they are supposed to be independent, the US has stepped into a lawsuit brought against UANI by a businessman claiming he was defamed (I owe Marcy a big thank you for alerting me to this part of the story). The government is specifically intervening to keep the funding of UANI secret:

The Obama administration has gone to court to protect the files of an influential anti-Iran advocacy group, saying they likely contain information the government does not want disclosed.

The highly unusual move by the Justice Department raises questions about the connections between the American government and the group, United Against Nuclear Iran, a hard-line voice seeking to prevent Iran from obtaining nuclear weapons. The group has a roster of prominent former government officials and a reputation for uncovering information about companies that sometimes do business with Iran, in violation of international sanctions.

The Justice Department has temporarily blocked the group from having to reveal its donor list and other internal documents in a defamation lawsuit filed by a Greek shipping magnate the group accused of doing business with Iran. Government lawyers said they had a “good faith basis to believe that certain information” would jeopardize law enforcement investigations, reveal investigative techniques or identify confidential sources if released.

Wow. So this “independent” group seems to be getting intelligence directly from the government, if we are to believe what the US said in its filing. So just who are the “former government officials” in UANI? A look at their “Leadership” page is nauseating. The first entry in the section for “Advisory Board” is none other than war hawk Joe Lieberman. Next to him is Fran Townsend and directly below him is a former director of the Mossad. The Advisory Board photos go on and on, a virtual “Who’s Who” of pro-war, pro-Israel media darlings. There also is a former Deputy Director of the IAEA even though it is supposed to be apolitical. Intellectual luminaries Mike Gerson and Mark Salter appear much lower on the list, perhaps out of a semblance of embarrassment. So, regarding those “investigative techniques” and “confidential sources” that the government doesn’t want to reveal in how UANI gets its information, consider this tidbit we got recently from David Albright, another player in the Iran-smearing business, this time branching out to comment on the recent tensions over US spying on Germany (also brought to my attention by Marcy): Read more