More Insane Rantings from the Crazy Man in the Attic

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Someone let Dick “PapaDick” Cheney out of his undisclosed location last night–they even gave him an award for being a “keeper of the flame.” In spite of the fact that the press is covering it as another serious attack from Cheney, I find it pretty laughable.

How else to treat a speech, for example, in which PapaDick boasts that Rummy got this “flame-keeper” award before him?

I’m told that among those you’ve recognized before me was my friend Don Rumsfeld. I don’t mind that a bit. It fits something of a pattern. In a career that includes being chief of staff, congressman, and secretary of defense, I haven’t had much that Don didn’t get first. But truth be told, any award once conferred on Donald Rumsfeld carries extra luster, and I am very proud to see my name added to such a distinguished list.

From that auspicious start, Cheney launches into a screed against Obama for shutting down missile defense in Czech Republic and Poland–he complains that Obama did not stand by the agreements that Cheney and Bush made.

Most anyone who is given responsibility in matters of national security quickly comes to appreciate the commitments and structures put in place by others who came before. You deploy a military force that was planned and funded by your predecessors. You inherit relationships with partners and obligations to allies that were first undertaken years and even generations earlier. With the authority you hold for a little while, you have great freedom of action. And whatever course you follow, the essential thing is always to keep commitments, and to leave no doubts about the credibility of your country’s word.So among my other concerns about the drift of events under the present administration, I consider the abandonment of missile defense in Eastern Europe to be a strategic blunder and a breach of good faith.

It is certainly not a model of diplomacy when the leaders of Poland and the Czech Republic are informed of such a decision at the last minute in midnight phone calls. It took a long time and lot of political courage in those countries to arrange for our interceptor system in Poland and the radar system in the Czech Republic. Our Polish and Czech friends are entitled to wonder how strategic plans and promises years in the making could be dissolved, just like that – with apparently little, if any, consultation.

But he moves directly from that complaint to complaining that Obama is honoring the commitment Bush made to withdraw our troops from Iraq.

Next door in Iraq, it is vitally important that President Obama, in his rush to withdraw troops, not undermine the progress we’ve made in recent years. Read more →

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White Supremacists with Hydrogen Peroxide

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Well this will get interesting.

Via David Neiwert, an possible white supremacist blew his hand off while trying to make TATP (possibly while his mom, in the same house where his mom runs a day care). [corrected]

Benjamin Kuzelka allegedly was making an explosive device when it accidentally detonated about 11:30 p.m. Wednesday, deputies said. He suffered an injury to one hand. About 20 minutes later, deputies said, he showed up at a local hospital saying that he had accidentally shot himself with a gun.

“His injuries were inconsistent with a gunshot wound and doctors called the police,” said Deputy Melissa Nieburger, a Sheriff’s Department spokeswoman.

Deputies went to the Kuzelka home on a cul-de-sac in the 30500 block of Audelo Street. Property records list Rebecca Kuzelka as the sole owner of the house, which was built in 1983.

Inside the home, Nieburger said, deputies found materials used to make explosives, as well as a sophisticated indoor marijuana growing room.

Authorities did not say how many marijuana plants allegedly were found in the home or disclose the type of explosive materials that were uncovered. A  law enforcement source told The Times that substances found at the home were similar to acetone peroxide, or TATP, the same type of powerful explosive used in the 2007 London subway terrorist bombings. There was no evidence that the Lake Elsinore incident was related to terrorism, the source said.

No ties to “terrorism,” perhaps, but a stash of Nazi propaganda.

Nazi paraphenalia was also found inside the home.

Now, interestingly, these guys might not even qualify for the new language (or even the old language) in Section 215 allowing the FBI to now check all the hardware and beauty supply stores in Lake Elsinore for others who have been purchasing TATP precursors–unless the Nazi propaganda qualifies as “international terrorism.”

(A) a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities;

But if they did, do you think all the white right wingers buying acetone to paint their house are going to like the fact that they may now be targeted as potential TATP suspects?

This TATP stuff is scary stuff–and this guy almost blew up his mother’s home with all the day care kids. But the precursors are still everyday chemicals.

So what’s the solution to this stuff–now that potential homegrown right wing terrorists are using the stuff?

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Obama’s Statement to the National Counterterrorism Center

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To be fair to Obama, his statement at the NCTC focused more on unity of mission than it did on pushing through PATRIOT (as I had feared).

And I think Obama is absolutely justified in thanking the NCTC for the work it has done recently to break up Zazi’s alleged attack.

I’ve bolded the comments I find most interesting.

 THE PRESIDENT: Thank you so much, Mike, for the introduction. Usually it’s Mike who comes to brief me at the White House. Today, it’s my honor to visit you in your house. I was just told this is called the "bat cave," is that correct? (Laughter.) Mike, thank you for your many years of public service and your outstanding leadership at the National Counterterrorism Center.

It is great to be with all of you. It is great to be here at the hub — at the headquarters of our efforts to defend America from those who threaten our country and so many others. Our intelligence community is comprised of 16 organizations. We have countless federal and state and local and international partners. And this is where it has to all come together.

So I’m pleased to see Denny Blair and those of you from the Office of the Director of National Intelligence. We have folks here from the FBI and the CIA. We have folks from across the federal government — intelligence, law enforcement, homeland security and so many others. My understanding is we’ve even got some of New York’s finest — some NYPD folks who are here.

Standing together and serving together, it’s clear for all to see — that you are one team — that you are more integrated and more collaborative and more effective than ever before. And you’re focused on one defining mission, and that is to protect the United States of America and thwarting terrorist attacks around the world.

Read more →

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Announcing National Use Zazi to Gain New Surveillance Powers Day!

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The last line of this article on how the Najibullah Zazi arrest was a victory for the Obama Administration’s approach to terrorism boasts that the Administration didn’t have a John Ashcroft-style press conference on the day of the arrest.

With Zazi’s arrest, administration officials said they had a renewed sense of confidence that they could approach security threats in a new way. "The system probably worked the way it did before, but we made a conscious decision not to have a big press conference" about Zazi’s arrest, a senior official said. 

Which is pretty hysterical, coming as it does in one article of several that are obviously similarly seeded, boasting of Obama’s new approach to terrorism. There are several aspects to this apparent PR blitz. Articles providing details (though none as detailed as the NPR story over the weekend) explaining how the CIA learned of Zazi and shared info with the FBI. Articles discussing the address by Eric Holder, Janet Napolitano, and Robert Mueller yesterday, lauding information sharing. All of which will lead into coverage of Obama’s address to the National Counter-Terrorism Center, scheduled for today at 11:40.

We didn’t have a press conference when we arrested Zazi, the WaPo’s source (who could be Rahm or John Brennan) seems to be saying, but we’re sure as hell going to have a media blitz about it when it serves our purposes.

What’s especially nice about this WaPo piece, though, is it makes the goal of the media blitz explicit, tying it to the discussion of the PATRIOT Act.

At the same time, the Obama administration is pressing Congress to move swiftly to reauthorize three provisions of the USA Patriot Act set to expire in late December. They include the use of "roving wiretaps" to track movement, e-mail and phone communications, a tool that federal officials used in the weeks leading up to Zazi’s arrest.

With the apprehension of Zazi, as well as several other covert operations at home and abroad, the Obama administration is increasingly confident that it has struck a balance between protecting civil liberties, honoring international law and safeguarding the country.

Note, however, that the WaPo focuses on one of the least controversial of the practices, roving wiretaps. Read more →

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The Methods Used in the Zazi Investigation

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I’ve been focusing on how Section 215 of the PATRIOT Act may have been used to investigate Najibullah Zazi, but Dina Temple-Raston had a great story yesterday cataloging the range of techniques (though she doesn’t name Section 215 specifically).

Intelligence Tip

I’ve seen a number of vague suggestions for when investigators first focused on Zazi. While she doesn’t describe it as the first thing that made investigators focus on Zazi, Temple-Raston does reveal that Pakistani intelligence gave the US information about Zazi’s actions in Pakistan.

Sources say officials acted after Pakistani intelligence allegedly told them that Zazi had met with al-Qaida operatives there.

From the context, it appears the US may have gotten this tip shortly after Zazi returned to the US in January.

FISA Roving Wiretap

From there, it appears the FBI applied for an got a roving FISA wiretap. Temple-Raston provides a detailed explanation of what a FISA wiretap is, noting that it can be used for emails as well (remember that investigators had identified three email addresses Zazi used).

In his case, officials tell NPR they asked a judge for what’s called a roving FISA wire tap. 

[snip]

Law enforcement officials close to the Zazi case tell NPR that the FBI applied to a special court for the wiretap months ago.

And note, since they already had intelligence from the Pakistanis, it would presumably have been easy to justify a traditional FISA warrant–not to mention establish reasonable cause for any of the other FISA or PATRIOT Act tools in question.

Physical surveillance

After they got contacts from Zazi about developing bombs (perhaps in July or August?), it appears they started tracking Zazi more closely. The FBI followed Zazi all the way from Denver to NY–and staged a drug stop on the George Washington Bridge.

FBI agents followed him on the 27-hour drive. And, just to make sure they tracked Zazi closely, they asked local law enforcement for help along the way. Zazi was pulled over several times for speeding. He apparently got a ticket in Kentucky. And the FBI knew about it.

When Zazi neared New York City on Sept. 10, the New York police pulled him over on the George Washington Bridge. Officials familiar with the case tell NPR that was an orchestrated operation between the FBI and NYPD. They wanted to make sure there weren’t any chemicals or a bomb in Zazi’s car. They told Zazi it was a routine search and, just to underscore the point, pulled over other cars on the bridge as well.

Read more →

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Evidence The US Bought The Megrahi Conviction

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The case against convicted Lockerbie/Pan Am 103 bombing suspect Abdelbaset Ali Mohmet al-Megrahi was always thin, at best. Despite all the commotion over his trial and conviction, the entire prosecution case was founded upon the testimony of a single clothing shopkeeper from Malta, Tony Gauci, that supposedly sold the clothes that were believed to be in the suitcase containing the bomb that brought down Pan Am Flight 103. Long after the unremarkable alleged sale, Gauci somewhat incredibly remembered selling the clothes to Megrahi. Megrahi has consistently maintained his innocence.

Megrahi’s trial was held in a Scottish court that was constituted in the Netherlands by agreement in order to obtain the extradition of Megrahi for trial. Since the conviction at trial, Megrahi has appealed unsuccessfully, but the Scottish Criminal Cases Review Commission (SCCRC), which investigates possible miscarriages of justice, had taken jurisdiction of the case and referred it back to court for appeal, which is the posture the case was in when the Scottish Justice Ministry cut a deal to release him to his home country of Libya on compassionate grounds (Megrahi has terminal cancer) in return for Megrahi giving up his appeal.

With no appeal available to press his case, Megrahi has taken to releasing material and briefs that were to constitute the foundation of the appeal, and in that regard has opened a website where the material is posted. One of the filings disclosed yesterday on the website documents a blockbuster finding and allegation by the Scottish Criminal Cases Review Commission (SCCRC) on collusion of the Scottish Crown prosecution team and US authorities to effectively buy Shopkeeper Gauci’s testimony against Megrahi by paying Gauci two million dollars and Gauci’s brother, Paul Gauci, a million dollars:

The SCCRC has recovered undisclosed material which indicates that:

(a) The witness Tony Gauci had, at an early stage, expressed an interest in receiving payment or compensation for his co-operation in giving evidence, and that this interest persisted until after the trial

(b) that the witness Paul Gauci had " a clear desire to gain financial benefit" from his and his brothers co-operation and that Paul Gauci exercised considerable influence over his brother

(c) that the U.S. authorities offered to make substantial payments to the witness Tony Gauci from an early stage

(d) that an application for reward monies was made on behalf of the SIO of the investigation team of Read more →

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DiFi’s Invitation to a Fishing Expedition

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fly_fishing_in_southeast_louisiana.thumbnail.jpgAs I noted last night, DiFi appears to have used the Najibullah Zazi investigation as justification to make the language surrounding Section 215 of the PATRIOT Act worse, effectively granting the FBI the ability to collect secret lists of everyone who buys acetone or hydrogen peroxide.

As a reminder, Section 215 gives investigators a way to get business records or other tangible things without telling the people who those business records pertain to that they have done so. I have speculated that the FBI is using Section 215 now to search out people–who may or may not have known ties to alleged Islamic terrorists–who have purchased the precursors of TATP, the explosive that Najibullah Zazi is alleged to have tried to make. Those precursors include things like hydrogen peroxide and acetone, both common ingredients of beauty and home improvement supplies.

Here is the current Section 215 language on targeting (I’ve used bold and strike-through here to show significant changes).

(2) shall include— (A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of the facts that they pertain to—

(i) a foreign power or an agent of a foreign power;

(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

(iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation; 

Here’s the language that Pat Leahy had originally proposed.

(A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought–

‘(i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

‘(ii)(I) pertain to a foreign power or an agent of a foreign power;

‘(II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

‘(III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power;

Leahy’s language made the burden of proof here tougher, particularly in the case of someone simply "in contact with, or known to" a suspected agent of a foreign power. He took out the "presumptively relevant" language, effectively requiring the FISA Court Judge to determine this information was actually relevant to the investigation.

But here’s what I understand DiFi has changed the language to Read more →

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The Evidence Against Zazi

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As I reported earlier, during the hearing on the reauthorization of the PATRIOT Act today, DiFi said that the investigation against Najibullah Zazi is the biggest investigation since 9/11. She connected changes she had made in the proposed bill’s language about Section 215 Orders (which allow investigators to get any tangible thing from a third party, but which is generally used for business records) with that investigation. I will review the language she’s advocating tomorrow–it is actually worse than the existing language (here’s a good post on DiFi’s changes that’ll give you an idea of where I’m going). But the main point is she’s insisting that investigators be able to use Section 215 even to get information on people with no known tie to terrorism.

In an effort to understand what authorities the FBI is using for this investigation–particularly how it is using Section 215–I thought I’d list all the evidence included in Zazi’s detention motion, along with any comments made about how that evidence was collected. As you can see from the list below, a lot of this investigation relied on information that could be collected via a Section 215 order–particularly the purchase information on Triacetone Triperoxide (TATP) ingredients, but also the hotel records. Perhaps most interesting is the discussion of the three people "associated with Zazi" who bought TATP ingredients bolded in the list below; the source of this evidence is not disclosed.

Details on a August 28, 2008 flight from Newark Airport to Peshawar, Pakistan on Qatar Airlines, evidence collected from Custom and Border Protection

Email account 1, Email account 2, Email account 3

A jpeg of 9 pages of handwritten notes containing instructions on making explosives, including TATP, mailed in December 2008, collected via a "consent search"

Details on a January 15, 2009 flight from Peshawar to JFK on Qatar Airlines

Evidence Zazi transferred and/or accessed the notes on the instructions to make TATP on his laptop in June and July 2009, collected via a "lawfully-authorized search" of the laptop (apparently conducted in September in NY)

Evidence of internet searches for hydrochloric acid in summer 2009 and bookmarks (in two browsers) for a site on "Lab Safety for Hydrochloric Acid," collected via that "lawfully-authorized search" of the laptop 

Evidence Zazi searched "a beauty salon website" for hydrocide and peroxide (the source of this is not specified but it appears in the same paragraph as the discussion of the "lawfully authorized search")

Read more →

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Buy Beauty Products? You Might Be a Terrorism Suspect.

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I’m going to make a wildarsed guess and suggest that the Federal Government is doing a nationwide search to find out everyone who is buying large amounts of certain kinds of beauty products. And those people are likely now under investigation as potential terrorism suspects. 

I base that on three details that came out of the Senate Judiciary Hearing on PATRIOT Act Reauthorization.

First, at the start of the hearing, DiFi claimed that the investigation of Najibullah Zazi is the largest terrorism investigation since 9/11. Whether that’s hyperbole or not, she’s claiming that the FBI is doing more in the wake of the Zazi arrest than it did after all those false scares stemming from Bush’s illegal wiretap program, all those false scares arising out of torturing Abu Zubaydah, and all the scares hyped up around election time. She’s claiming this thing is huge.

Second, DiFi and Pat Leahy went through Leahy’s proposed renewal to the PATRIOT Act and made some changes–to make sure that current investigations are not hampered by any changes proposed. Significantly, she appears to have taken out this language (I haven’t been able to get a hold of the substitute amendment yet) which would have required investigators to have some connection between a person and a suspected terrorist before they could collect "tangible information" on them.

(A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought–

‘(i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

‘(ii)(I) pertain to a foreign power or an agent of a foreign power;

‘(II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

‘(III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and

That suggests they’re getting business records and whatnot pretty broadly and using them to find targets for further investigation.

Now, of the Dems who are on both SSCI and SJC, DiFi and Whitehouse agreed that putting that language in the bill would hamper ongoing investigations (presumably the Zazi one, given DiFi’s comments), whereas Feingold disagreed that it would.

Read more →

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DiFi: Zazi Investigation Biggest Since 9/11

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I’m watching the Senate Judiciary Committee hearing on the PATRIOT Reauthorization. DiFi and Pat Leahy apparently revamped the bill last night.

She started by saying that the ongoing investigation into Najibullah Zazi is the biggest domestic terror investigation since 9/11.

An interesting claim…

Updae: And, 10 hours later, I fix the typo in the headline, thanks to Bob in HI.

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