Originally published at The Intercept by Cora Currier on 10/9/14
Can the government make demands for data entirely in secret?
That was the question yesterday before a federal appeals court in San Francisco, where government lawyers argued that National Security Letters — FBI requests for information that are so secret they can’t be publicly acknowledged by the recipients — were essential to counterterrorism investigations. The telecom company and internet provider that have challenged the National Security Letters (known as NSLs) still can’t even be named.
Last year, in a sharp rebuke to the government, a judge found that the gag order that comes with NSLs violated the First Amendment. The nondisclosure rule “significantly infringe[s] on speech regarding controversial government powers,” U.S. District Judge Susan Illston, of Northern California, wrote in March 2013. She also ordered that the FBI stop sending out NSLs entirely, but put the order on hold to give the government a chance to appeal.
The government, predictably, did appeal, and in arguments yesterday before the 9th Circuit, a Justice Department lawyer said that they would lose “an extremely useful tool” if the court upholds the ban on NSLs. (Documents related to the case can be found here.)
The letters, the reach of which was expanded under the Patriot Act in 2001, let the FBI get business records from telephone, banking, and Internet companies with just a declaration that the information is relevant to a counterterrorism investigation.
The Electronic Frontier Foundation, which is representing the… Continue reading
Originally published at The Telegraph by by Peter Foster on 9/7/14
The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph.
The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA.
“They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.”
The account of extreme CIA interrogation comes as the US Senate prepares to publish a declassified version of its so-called Torture Report – a 3,600-page report document based on a review of several million classified CIA documents.
Publication of the report is currently being held up by a dispute over how much of the 480-page public summary should remain classified, but it is expected to be published within weeks.
A second source who is familiar with the Senate report told The Telegraph that it contained… Continue reading
Originally published at The Guardian by Joanna Walters on 8/17/14
The New York Times reporter James Risen, who faces jail over his refusal to reveal a source and testify against a former CIA agent accused of leaking secrets, has called President Barack Obama “the greatest enemy of press freedom in a generation”.
Speaking to his colleague Maureen Dowd, Risen accused the president of aggressively pursuing journalists, including himself, who report sensitive stories that reflect poorly on the US government.
Risen faces jail over his reporting of a botched intelligence operation that ended up spilling nuclear secrets to Iran. The Justice Department has long been seeking to force him to testify and name the confidential source of the account, which is contained in his 2006 book State of War.
Risen recently failed in an attempt to have the supreme court review an order for him to testify, and acknowledges that he has exhausted all his legal options against the Justice Department’s pursuit of him under the controversial Espionage Act. In the face of incarceration that could come as early as this autumn, he is resorting instead to journalistic defiance.
Risen would be the first journalist to go to prison for failing to divulge sources since 2005, when the former New York Times reporter Judith Miller was jailed for contempt of court, after refusing to testify about a… Continue reading
Originally published at CNN by Ray Sanchez on 8/3/14
(CNN) — President Barack Obama acknowledged Friday that the United States “crossed a line” and tortured al Qaeda detainees after the 9/11 terror attacks.
The comments at a White House news conference were the President’s strongest on the controversial subject since he came into office denouncing what he described as the Bush years of torturing alleged terrorists, also known as “enhanced interrogation.”
“When we engaged in some of these enhanced interrogation techniques, techniques that I believe and I think any fair-minded person would believe were torture, we crossed a line,” Obama said. “And that needs to be … understood and accepted. And we have to, as a country, take responsibility for that so that hopefully we don’t do it again in the future.”
In the remarks, Obama was referring to a soon-to-be-released Senate Intelligence Committee report detailing the CIA’s controversial interrogation and detention program following the 9/11 attacks.
The document is a nearly 700 page summary of the full 6,800 page report that was approved a year and a half ago by a committee sharply divided along party lines.
Senators on the committee have said the report is critical of the CIA’s treatment of terrorism suspects, saying it amounted to torture — an allegation CIA officials have denied. It also finds that those harsh interrogation techniques did not help disrupt future terrorist attacks as many in intelligence community have claimed.
Sen. Dianne Feinstein said later Friday that the report’s public release… Continue reading
On May 20, 2009, four men from the impoverished and largely African-American city of Newburgh, NY, were apprehended for an alleged terror plot. They had no history of violence or terrorist ties, but had been drawn by a Pakistani FBI informant into a carefully orchestrated scheme to bomb Jewish synagogues in a wealthy New York City suburb and fire Stinger missiles at U.S. military supply planes. Their dramatic arrest, complete with armored cars, a SWAT team and FBI aircraft, played out under the gaze of major TV outlets, ultimately resulting in 25-year prison sentences for the “Newburgh Four.”
Amidst the media frenzy surrounding the case, political figures extolled the outcome as a victory in the “war on terror” and a “textbook example of how a major investigation should be conducted,” though others believed the four men were victims of FBI entrapment. THE NEWBURGH STING delves deeply into this case — one of many cases across the country where people have been allegedly drawn into a plot with extreme consequences.
The Imam and assistant Imam of Mesjid al-Ikhlas, Newburgh mosque, recall their first encounters with Shahed Hussain – an undercover informant sent to Newburgh by the FBI in 2008 on a mission to find domestic terrorists. Representing himself as a businessman, Hussain drove expensive cars and made inflammatory statements about women and jihad. Suspicious, the Imams told a few of their congregants to stay away from Hussain, but one man, James Cromitie, bought into his story. Cromitie, a low-level drug dealer… Continue reading
Originally posted at Foreign Policy Blogs by Maxime H.A. Larivé on 5/6/14
Let’s be honest, foreign policy making has never been democratic. The label of national security has offered governments around the world the power to hide information from their citizens. Aside from this statement, the making of American foreign policy has completely shifted since 9/11. Not only this shift was abrupt and made under intense emotional stress, but it has also created a precedent in the way the U.S. engages in the world. Additionally, American foreign policy has become much more militarized than in the past. A series of recent articles (here and here), documentaries (here and here), and radio show (here) have been produced looking back at the way the U.S. has conducted itself these last 13 years on the international stage.
Since 9/11, the U.S. has been fighting “evil” – to adopt a very Bushian expression – with evil. The U.S. has used a wide array of instruments considered by international law as illegal such as: rendition, torture — known as an “enhanced interrogation technique” — use of force against countries without legal jurisdiction, drone strikes in countries wherein the U.S. is not at war, mass snooping on American and world citizens, cover-up operations, and so forth. The “Global War on Terror” has been the longest war in American history. Since 2001, the U.S. has invaded two countries – Iraq and Afghanistan – launched an undisclosed numbers of drone strikes in countries with which the U.S. is not… Continue reading
Originally published by Erin Billups at NY1 on April 8, 2014
Last month, NY1 told viewers about another link discovered between the toxic dust many were exposed to in the aftermath of the September 11th attacks and a higher risk of heart disease, and now, the doctor heading up the research is going into more detail. NY1’s Erin Billups filed the following report.
We’ve known for years that the toxic dust inhaled by first responders to the September 11th attacks could lead to lung, heart and kidney problems, but new research out from Mount Sinai Hospital’s World Trade Center Health Program finds that those with the highest exposures are more likely to suffer from sleep apnea.
“The airway narrows during sleep, and patients snore. They hold their breath, and importantly, they don’t get enough oxygen when they’re sleeping,” says Dr. MaryAnn McLaughlin, director of the Mt. Sinai Medical Center Cardiac Health Program. “So this can cause an inflammation in the body and lead to high blood pressure, increased risks of heart attack and sudden death.”
Post-traumatic stress disorder is also a risk factor for heart disease. McLaughlin and her team found that those with high dust cloud exposure were also 20 percent more likely to have the disorder.
“It’s also associated with depression, as well,” McLaughlin says.
The findings are the result of a two-year study, surveying 800 participants.
McLaughlin says they’re trying to uncover what causes heart disease not only for those September 11th responders, but also for others… Continue reading
Originally posted By Stephanie Condon at CBS News on March 13, 2014
The White House has played a larger role in the serious dispute between the CIA and the Senate Intelligence Committee over an ongoing investigation, according to reports.
President Obama’s team has been withholding about 9,400 documents that the Intelligence Committee requested as part of its review of the CIA’s now-defunct detention and interrogation program, McClatchy reports. Since 2009, the White House has ignored or rejected multiple requests from the committee to review the documents.
Mr. Obama said Wednesday he supports the committee’s efforts. “We have worked with the Senate committee so that the report that they are putting forward is well-informed, and what I’ve said is that I am absolutely committed to declassifying that report as soon as the report is completed,” he said.
The White House said in a statement to McClatchy that it withheld “a small percentage” of the 6.2 million pages of documents provided to the committee “because they raise executive branch confidentiality interests.” The White House added it has worked closely with the committee “to ensure access to the information necessary to review the CIA’s former program.”
Senate Intelligence Committee Chairwoman Dianne Feinstein, D-Calif. — who blew the lid open on the clash between the committee and the CIA on the Senate floor on Tuesday — has reportedly… Continue reading
Originally published at FastCompany by Stan Alcorn on 11/25/13
Evan Booth hacks together working weapons–like a shotgun, a grenade, and a crossbow–with purchases anyone can make after they go through security, to show that the TSA is more spectacle than real protection. And the FBI is taking notice.
Things you can’t bring on a plane: Scissors, gel candles, large snow globes.
Things you can bring on a plane: A homemade shotgun.
Programmer by day, “security researcher” by night, Evan Booth has built, tested, and demonstrated not just a shotgun, but a whole comically named arsenal of DIY weapons, made solely with items purchased in the airport–after the security screening.
“I think people have kind of been suspecting that the type of things I’ve built are possible,” says Booth, “I just don’t think anyone’s ever taken the time to do it.” The object of the research is a demonstration–half silly, half disturbing–that weapons are everywhere and that the “security theater” of the TSA is not doing that much to keep us safe.
“If we’re trying stop a terrorist threat at the airport,” says Booth. “It’s already too late.”
The project began after the introduction of body scanners. “It just seemed so invasive, really expensive,” he says. “And if you’re going to go through all that trouble getting into the terminal,… Continue reading
Originally published at the Nation by Katherine Hawkins on 11/7/13
Over four years after President Obama promised to “look forward, not backward” regarding the CIA’s brutal treatment of captives under the Bush administration, the issue has not gone away. The torture debate may fade from the headlines for weeks or months at a time, but it al
ways come back. Last year the trigger was the release of Zero Dark Thirty. A few weeks ago, it was Abu Anas al-Libi’s capture, shipboard interrogation and transfer to the United States for trial. Later this year, the Senate Select Committee on Intelligence (SSCI) will vote on whether to begin declassification of its 6,000-page report on the CIA’s detention and interrogation of terrorism suspects.
Often, debates about torture focuses on whether it leads to high-profile counterterrorism successes: the killing of Osama bin Laden, the capture of high-level suspects like Khalid Sheikh Mohammed, the disruption of terrorist plots against Los Angeles or London. The public evidence suggests—and according to Democratic senators, the SSCI report will definitively prove—that defenders of “enhanced interrogation” have greatly exaggerated the role that torture played in these events.
In all the debates about whether torture “worked,” though, there is another part of the record that is almost always forgotten: the attacks that torture did not prevent. There are no documented cases of “ticking time bombs” being defused by torture. But there are Al Qaeda plots that were not stopped,… Continue reading
Originally published at Aljazeera America by Jason Leopold on 10/30/13
The National Security Agency advised its officials to cite the 9/11 attacks as justification for its mass surveillance activities, according to a master list of NSA talking points.
The document, obtained by Al Jazeera through a Freedom of Information Act request, contains talking points and suggested statements for NSA officials (PDF) responding to the fallout from media revelations that originated with former NSA contractor Edward Snowden.
Invoking the events of 9/11 to justify the controversial NSA programs, which have caused major diplomatic fallout around the world, was the top item on the talking points that agency officials were encouraged to use.
Under the subheading “Sound Bites That Resonate,” the document suggests the statement “I much prefer to be here today explaining these programs, than explaining another 9/11 event that we were not able to prevent.”
NSA head Gen. Keith Alexander used a slightly different version of that statement when he testified before Congress on June 18 in defense of the agency’s surveillance programs.
Asked to comment on the document, NSA media representative Vanee M. Vines pointed Al Jazeera to Alexander’s congressional testimony on Tuesday, and said the agency had no further comment. In keeping with the themes listed in the talking points, the NSA head told legislators that “it is much more important for this country that we defend this nation and take the beatings than it is… Continue reading
Originally published at Common Dreams on 10/29/13
Despite being heralded as the first time in history that U.S. lawmakers would hear directly from the survivors of a U.S. drone strike, only five elected officials chose to attend the congressional briefing that took place Tuesday.
Pakistani schoolteacher Rafiq ur Rehman and his two children—9 year-old daughter Nabila and 13 year-old son Zubair—came to Washington, DC to give their account of a U.S. drone attack that killed Rafiq’s mother, Momina Bibi, and injured the two children in the remote tribal region of North Waziristan last October.
According to journalist Anjali Kamat, who was present and tweeting live during the hearing, the only lawmakers to attend the briefing organized by Rep. Alan Grayson (D-Fla.), were Rep. John Conyers (D-Mich.), Rep. Jan Schakowsky (D-Ill.), Rep. Rush Holt (D-NJ) and Rep. Rick Nolan (D-Minn.).
Before the handful of reporters and scant lawmakers, however, Rafiq and his children gave dramatic testimony which reportedly caused the translator to break down into tears.
In her testimony, Nabila shared that she was picking okra with her grandmother when the U.S. missile struck and both children described how they used to play outside but are now too afraid.
“I no longer love blue skies. In fact, I now prefer… Continue reading
Posted Sep 19, 2013 by Ralph Lopez
The FBI is instructing local police departments and “communities against terrorism” to consider anyone who harbors “conspiracy theories” about 9/11 to be a potential terrorist, in a circular released to local police departments.
The memo thus adds 9/11-official-story skeptics to a growing list of targets described by federal law enforcement to be security threats, such as those who express “libertarian philosophies,” “Second Amendment-oriented views,” interest in “self-sufficiency,” “fears of Big Brother or big government,” and “Declarations of Constitutional rights and civil liberties.”
A newly released national poll shows that 48 percent of Americans either have some doubts about the official account of 9/11, or do not believe it at all.
The FBI circular entitled “Potential Indicators of Terrorist Activities Related to Sleepers” says that people who should be ‘considered suspicious’ of possible involvement in “terrorist activity” include those who hold the “attitude” described as ” Conspiracy theories about Westerners.” The circular continues: “e.g. (sic) the CIA arranged for 9/11 to legitimize the invasion of foreign lands.”
“Sleepers” refers to “sleeper cells,” in FBI jargon, which are terrorists awaiting orders to be activated into terrorist activity.
In 1998 it was declassified by the Pentagon that the Joint Chiefs of… Continue reading
NEW YORK, Sept. 10, 2013 /PRNewswire-USNewswire/ — As the 12th anniversary of the 9/11 attacks approaches, 12 former CIA, FBI, NSA, and US military officials — including Time Magazine’s 2002 person of the year, Colleen Rowley, and former CIA analyst Ray McGovern, who provided the daily brief for three presidents — say in an open letter to President Obama that the charge that President Assad used chemical weapons on August 21st is based on false intelligence.
If this charge is false, and leads to war in Syria, it would not be the first time US leaders have misled their public into going to war. Robert McNamara, Secretary of Defense during the Vietnam War, admitted in 2003 that America went to war in Vietnam on the false intelligence that North Vietnam had attacked a US destroyer in the Gulf of Tonkin.
The 9/11 Consensus Panel was formed to deal with another notorious fraudulent pretext for war, the attacks of September 11, 2001, that triggered the “war on terror” and the ongoing military actions in the Middle East.
The professional 24-member Panel was formed in 2011 to show the public that behind the horrific images of planes crashing into the Towers lies a wealth of slowly emerging evidence that 9/11 was a false flag operation.
Using a standard medical review model, the Panel has thus far produced 37 Consensus Points refuting the official story, five of which are released today.
For example, the National Institute of Standards and Technology’s report on the… Continue reading
“During calendar year 2012, the Government made 1,856 applications to the Foreign Intelligence Surveillance Court for authority to conduct electronic surveillance and/or physical searches for foreign intelligence purposes.”
That somewhat opaque statistic was disclosed in the Justice Department’s latest annual report to Congress on the Foreign Intelligence Surveillance Act, filed on Tuesday. As is usually the case, none of the requests for electronic surveillance were denied by the Court.
No matter how it is sliced and diced, the newly disclosed number of applications does not yield much substance. It means that the government submitted an average of 5 requests per day last year for intelligence surveillance or physical search. It is about 5% higher than the number of applications the year before (1,745), but quite a bit lower than the figure from 2007 (2,371).
The number of applications does not correspond directly to the number of targets, since multiple applications may be submitted in the course of an individual investigation. Nor is the outcome of the surveillance or search activity indicated in a way that would tend to validate or invalidate the authorization after the fact.
In any case, the FISA Court did not deny any of the government’s requests for authority to conduct electronic surveillance in whole or in part, the report said, although unspecified modifications were made to 40 proposed orders. The report does not say whether or not any requests for physical search were disapproved or modified.
The government also made 212 applications for access to business… Continue reading
by Wendy McElroy
The Dollar Vigilante
The Transportation Security Administration (TSA) is tightening its grip on domestic travel. I don’t mean the random, unpredictable security checks at bus, subway and train stations which already exist. I mean a coordinated and systematic police control of internal travel within America. Groundwork is being laid.
APPLICATION TO MAKE U.S. INTO AN AIRPORT SCREENING ZONE
The application was tucked away on page 71431 of Volume 77, Number 231 of the Federal Register (November 30). It was surrounded by soporific references to forwarding “the new Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act (PRA).”
The application for funding from the TSA constitutes a preliminary step toward systematically expanding TSA‘s authority from airports to highways and almost every other means of public travel. The expansion would erase one of the last remaining differences between the US and a total police state; namely, the ability to travel internally without being under police surveillance. The total police state you experience at airports wants to spill into roads and bus stops, to subways and trains. Or, rather, the TSA wants to solidify and spread the fledgling and erratic presence it already has.
The official request reads, “TSA‘s Highway BASE program [Baseline Assessment for Security Enhancement] seeks to establish the current state of security gaps and implemented countermeasures throughout the highway mode of transportation by posing questions to… Continue reading
by Ryan Gallagher
When a former senior White House official describes a nationwide surveillance effort as “breathtaking,” you know civil liberties activists are preparing for a fight.
The Wall Street Journal reported today that the little-known National Counterterrorism Center, based in an unmarked building in McLean, Va., has been granted sweeping new authority to store and monitor massive datasets about innocent Americans.
After internal wrangling over privacy and civil liberties issues, the Justice Department reportedly signed off on controversial new guidelines earlier this year. The guidelines allow the NCTC, for the first time, to keep data about innocent U.S. citizens for up to five years, using “predictive pattern-matching,” to analyze it for suspicious patterns of behavior. The data the counterterrorism center has access to, according to the Journal, includes “entire government databases—flight records, casino-employee lists, the names of Americans hosting foreign-exchange students and many others.”
Notably, the Journal reports that these changes also allow databases about U.S. civilians to be handed over to foreign governments for analysis, presumably so that they too can attempt to determine future criminal actions. The Department of Homeland Security’s former chief privacy officer said that it represents a “sea change in the way that the government interacts with the general public.”
The snooping effort, which officials say is subject to “rigorous oversight,” is reminiscent of the so-called Total Information Awareness initiative, dreamt up in the aftermath of 9/11 by the Pentagon’s research unit DARPA. The aim of the TIA initiative was essentially to create… Continue reading
Introductory Comments by Paul Craig Roberts
Posted at PaulCraigRoberts.org
When Chris Floyd is at his best, as he is below, he puts things in perspective for readers that they otherwise never confront. Obama has won reelection, and his supporters think that somehow things are going to be different. Fat chance.
While evil continues to envelop America, the public is focused on CIA director General Petraeus’s resignation. The FBI spied on him and found that he was having an affair with his biographer, a woman 20 years younger than his 60 years.
What is it with Americans and sex? Why is an illicit affair the ONLY reason for removing someone from political office? Why is it that government officials, presidents and vice presidents included, can violate US statutory law and torture people, spy on Americans without the necessary warrants, murder US citizens without due process, confine US citizens to dungeons for life without evidence and due process of law, start multi-trillion dollar wars on the basis of contrived allegations that have no basis in fact, murder civilians in seven countries, overthrow legitimate governments, and all of these massive crimes against humanity can be accepted as long as no one in Washington gets any sex out of it? Is this feminism’s contribution to American morality?
Has the United States, the hero of the Cold War, become in its behavior and motivations the enemy it overcame? Why does Washington want hegemony over the world? Why does Washington want this hegemony so badly that… Continue reading