Monday, February 10, 2014

CAPITOL UPDATE: Eric Holder Preparing DOJ Departure By Summer

CAPITOL UPDATE: Eric Holder Preparing DOJ Departure By Summer

Just a quick FYI.  Received word this afternoon that Obama Attorney General Eric Holder is actively preparing for his departure from the DOJ later this year.  This was relayed to RI via a current member of the Congressional Black Caucus at the end of last week.

Something tells me this may be “the devil you know is better than the devil you don’t” territory.
“Look to California”

-UM
______________________________________
“A must read for any political junkie.”
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 BENNINGTON P.I. “BONITA”
After decades working within the murky political underbelly of the nation’s capital, hard living D.C. politico Frank Bennington finds himself out of a job, recovering from a heart attack, and wondering what the hell he’s supposed to do next.
Then a phone call from a long ago acquaintance gives Frank an opportunity to use his particular brand of talents and insights to reveal a cover-up with global implications. It is a scandal involving powerful and influential figureswho wish for the truth to remain hidden, and the lie tocontinue to be perpetrated, for it is a lie worth TRILLIONS of dollars to those who control itsmessage. In Frank Bennington’s new world of private investigations, dead men tell no truths, and that is exactly what his enemies hope to make of him.
“Bennington P.I. “Bonita” is the much anticipated follow up to D.W. Ulsterman’s novel, “The Second Oldest Profession”.
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Suicide bomb instructor accidentally kills 22 militants in his class god does answer my prayers

Suicide bomb instructor accidentally kills 22 militants in his class

Nearly two dozen militants were killed in a suicide bombing training class in Iraq Monday when the instructor accidentally set off a belt packed with explosives, the New York Times reports.
An Iraqi army officer said that the teacher conducting the class was a prolific recruiter who was “able to kill the bad guys for once.”
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The Sunni militants were part of the Islamic State of Iraq and Syria (ISIS), which is battling Iraqi government forces in the country’s western Anbar province.Twenty-two militants were killed in the blast — which occurred because the instructor conducted a demonstration with a belt he didn’t realize had live explosives — and 15 more were injured, Iraqi army and police officials told the Times.
Eight militants were arrested when they tried to escape the camp in the northeastern Samara province, the officials said.
The ISIS has overtaken cities in Anbar in recent weeks, including Fallujah, where U.S. forces once took heavy casualties. 

CCR v. Obama (formerly CCR v. Bush)

CCR v. Obama (formerly CCR v. Bush)

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Synopsis

CCR v. Obama is a lawsuit originally filed by the Center for Constitutional Rights (CCR) against President George W. Bush, the head of the National Security Agency (NSA), and the heads of the other major security agencies, challenging the NSA's warrantless surveillance of people within the United States. Originally CCR sought an injunction ordering the government to end the program. When, in response, the government claimed it had shut down the program in January 2007, CCR sought to challenge the new statute under which President Bush sought to carry out similar programs of surveillance without individualized suspicion under the Protect America Act. The current claims in the case center on our request that the court order the government to destroy any records of surveillance that it still retains from the illegal NSA Program.

Status

After cross-motions for summary judgment were filed by each party, the district court dismissed plaintiffs' claims on January 31, 2011. Plaintiffs filed their Notice of Appeal in April and briefing in the Ninth Circuit occured between August through October 2011.
The Ninth Circuit had originally scheduled oral argument in this case for June 1, 2012. However, on May 21, 2012, the Supreme Court agreed to hear a similar case from the Second Circuit brought by the ACLU, challenging the FISA Amendments Act passed in 2008. The Ninth Circuit panel subsequently postponed argument in this case until the resolution by the Supreme Court of the ACLU case, which was decided (in favor of the government, by a 5-4 vote) on February 26, 2013. The Ninth Circuit then requested supplemental briefs be filed by April 26, 2013. It had previously indicated that it would reschedule the oral argument. However, on June 3, 2013 the panel indicated that it would submit the case for resolution without oral argument. On June 10, 2013 the panel affirmed the lower court's dismissal in a short opinion. On July 25, 2013, CCR filed a petition for rehearing either by the panel or by the full Court of Appeals for the Ninth Circuit sitting en banc. On October 3, 2013, the Ninth Circuit denied rehearing by the panel and rehearing en banc. CCR's cert petition to the Supreme Court was filed on January 2, 2014. On Feb. 6, 2014, the government waived its right to file an opposition.

Description

CCR v. Obama is a lawsuit CCR originally filed against President George W. Bush, the head of the National Security Agency (NSA), and the heads of the other major security agencies, challenging the NSA's surveillance of people within the United States in January 2006. Charging that the NSA surveillance is illegal because it lacks judicial approval or statutory authorization, CCR v. Bush originally sought an injunction that would prohibit the government from conducting warrantless surveillance of communications in the U.S.
In December 2005 the New York Times broke the story that for more than four years the NSA, with the approval of the President, had engaged in a widespread program of warrantless electronic surveillance of telephone calls and emails in violation of the Foreign Intelligence Surveillance Act (FISA). FISA explicitly authorizes electronic surveillance for the purposes of collecting foreign intelligence only upon orders issued by federal judges on a special court. It expressly authorizes warrantless wiretapping only for the first fifteen days of a war and makes it a crime to engage in wiretapping without specific statutory authority. Rather than seeking to amend this statute, the President simply violated it by authorizing warrantless wiretapping of Americans without statutory authority or court approval.
The suit argues that the NSA surveillance program violates FISA's clear criminal prohibitions on such surveillance, exceeds the President's authority under Article II of the Constitution, and violates the First and Fourth Amendments. CCR filed the suit in the U.S. District Court for the Southern District of New York on its own behalf and on behalf of CCR attorneys and legal staff representing clients who fit the criteria described by the Attorney General for targeting under the NSA Surveillance Program.
The plaintiffs, CCR and its legal staff, represent hundreds of men detained indefinitely without charge as "enemy combatants" at Guantánamo Bay; Maher Arar, a Canadian citizen who was accused of al Qaeda ties and then rendered from the United States to Syria for the purpose of being tortured; and Muslim immigrants unreasonably and wrongfully detained in the U.S. for months without probable cause or criminal charges in the wake of 9/11. CCR has been one of the most active opponents of the illegal detention, torture, and intelligence-gathering practices this administration instituted post-9/11. In the course of representing these clients, our lawyers have engaged in innumerable telephone calls and e-mails with people outside of the United States, including our clients, our clients' families, outside attorneys, potential witnesses, and others. This lawsuit aims to protect our right to represent clients free of unlawful and unchecked surveillance.

Since the filing of the original complaint, more damning evidence about the program has emerged: Assistant Attorney General WIlliam Moschella acknowledged in a submission to Congress that attorneys are not categorically excluded from the definition of surveillance targets under the program; the Times reported that “[t]he Justice Department does not deny that the government has monitored phone calls and e-mail exchanges between lawyers and their clients as part of its terrorism investigations in the United States and overseas" and that senior Department of Justice officials “knew of ... a handful of terrorism cases ... in which the government might have monitored lawyer-client conversations"; and the same judge our case was before granted summary judgment in a case (Al Haramain v. Obama) based on an inadvertently-leaked document which supposedly showed lawyers for a controversial domestic charity had been subjected to NSA surveillance.
By January 2007, just before oral argument on appeal in the parallel case brought by the ACLU, the adminsitration claimed to have shut down the original program, having received approval from a FISA judge to carry out the same surveillance pursuant to court order. Those orders were apparently overturned by other FISA judges hearing the renewal applications, and almost immediately the adminsitration sought new authority from a submissive Congress. That authority came first in the form of the Protect America Act, which passed into law in August 2007, days before a scheduled oral argument in CCR v. Bush. CCR sought permission to amend its complaint to add new claims based on the unconstitionality of the new statute, but it expired before Judge Walker ruled on our motion. (Ultimately Congress replaced it with a broad set of amendments to FISA, the FISA Amendments Act, in the summer of 2008 after a crucial switch in favor of the act by then-Senator Obama. Notwithstanding its new, broader statutory powers, the new Obama administration never formally renounced the power to carry out the warrantless surveillance we originally challenged -- an issue still in dispute in the case.)
There remained one final set of claims not affected by the putative end of the Program: CCR asked the court to order the government to destroy any records of surveillance of the plaintiffs—CCR attorneys and legal staff who feared that their phone calls and emails were subject to surveillance under the program.
The government argued that CCR did not have standing to sue because the Center lacked evidence that its staff and attorneys had actually been surveilled (and could not obtain or use such evidence in the court proceedings because such evidence would be a “state secret”). In a ruling issued on Jan. 31, 2011, the distict court agreed, holding that, even though “plaintiffs appear to have established that their litigation activities have become more costly due to their concern about [possible surveillance under the NSA Program],” we could not sue without proof that we had actually been eavesdropped upon.
The government's claim that a plaintiff must have evidence of actual surveillance in order to maintain standing is ultimately based on the premise that the state secrets privilege must bar discovery of any such information. Yet the most basic relief CCR requested was that the court simply order the Obama administration to destroy any records that were fruits of the illegal surveillance of our legal staff, and then certify to the court that it had complied. No secrets would be divulged by that process (essentially a conversation between the government and the court) at all.
With this ruling, all but two of the legal challenges to the original NSA Program will have been dismissed without the Obama administration ever having taken a position on whether or not the original NSA Program was legal.

Timeline

On January 17, 2006, the Center for Constitutional Rights (CCR) filed the lawsuit against President George W. Bush, the head of the National Security Agency (NSA), and the heads of the other major security agencies, challenging the NSA's surveillance of persons within the United States.
On March 9, 2006, CCR filed for summary judgment, arguing that the administration has already admitted enough about the program that it can be proven to be illegal without seeking more facts or a full trial.
On May 26, 2006, the government filed its response to the complaint and the motion for summary judgment. The government's response challenged CCR's standing to bring suit, but, more significantly, claimed that the entire case must be dismissed because if it were allowed to go forward, it would threaten the secrecy of confidential information essential to national security.
On June 30, 2006, CCR filed an opposition brief, including several affirmations detailing the effect of the surveillance on our ability to represent our clients.
On July 6, 2006, Judge Gerard Lynch of the Southern District denied the government's request to stay consideration of the merits of the case (that is, consideration of CCR’s summary judgment motion) until the state secrets privilege issues is resolved.
On September 5, 2006, oral argument was held on both motions. The main topics of discussion over the nearly three-hour-long argument were: standing, the limits of congressional and presidential power to regulate surveillance, and the extent of the executive branch's factual admissions concerning the NSA Program.
On December 15, 2006, the Judicial Panel on Multidistrict Litigation ordered CCR v. Bush transferred to the same court in San Francisco where the Electronic Frontier Foundation's case, Hepting v. AT&T, and several dozen other cases against private telecommunications companies are being heard. The case was transferred to the court of Judge Vaughn Walker.
On January 17, 2007, Attorney General Alberto Gonzales announced that the President had decided to let the existing warrantless NSA Program expire (rather than continuing to reauthorize it) because the administration had convinced a single judge of the FISA court to issue a number of orders that, according to Gonzales, would allow the same sort of surveillance to occur pursuant to the court's orders.
On August 1, 2007, it was disclosed that a FISA court judge had refused the government’s request for a “basket warrant,” which would allow surveillance of multiple people, rather than warrants issued for specific individuals.
On August 5, 2007, President Bush signed into law the ironically named Protect America Act of 2007, passed by both the House and the Senate, which broadly expands the federal government’s power to conduct surveillance on Americans without a court warrant. The bill went beyond earlier reports that the new law would merely allow the government to listen in to communications between two overseas parties that just happen to route through a switching circuit located in the U.S. Under the new statute, the Attorney General and Director of National Intelligence may approve listening in on the conversations of people in the U.S., including citizens, so long as the target of the surveillance is “reasonably believed” to be abroad, with no prior review by the courts.
On August 9, 2007, CCR attorneys appeared before Judge Walker to argue that the NSA’s program of warrantless surveillance is unconstitutional and should be struck down.
On August 10, 2007, plaintiffs moved for leave to file a supplemental complaint adding claims based on the Protect America Act of 2007. (On January 28, 2009, the court dismissed the motion of the grounds that the PAA had expired in February 2008 and not been renewed.)
On July 10, 2008, the FISA Amendments Act was signed into law.
A status report was filed on March 19, 2010, pursuant to which cross-motions for summary judgment were filed by both parties between May and October 2010. No oral argument on the renewed motions was held.
On January 31, 2011, Judge Walker dismissed all plainitffs' claims. CCR filed an appeal.
In the fall of 2011, the parties submitted briefs to the Court of Appeals for the Ninth Circuit.
On May 22, 2012, the Ninth Circuit panel (Judges Pregerson, McKeown, and Hawkins) suspended oral argument in the wake of the Supreme Court's grant of certiorari in Clapper v. Amnesty International USA, the ACLU's challenge to Congress' 2008 amendments to FISA.
On February 23, 2013, the Supreme Court by a 5-to-4 margin decided Clapper against the ACLU plaintiffs.
On April 26, 2013, both parties submitted supplemental briefs to the Ninth Circuit.
On June 10, 2013, the Court of Appeals for the Ninth Circuit affirmed dismissal of plaintiffs' claims, holding that little distinguished the case from Clapper v. Amnesty Int'l., in which the Supreme Court rejected plaintiffs claims to standing.
On July 25, 2013, CCR filed a petition for panel rehearing and rehearing en banc with the Ninth Circuit.
On October 3, 2013, the Ninth Circuit rejected CCR's en banc petition.
On January 2, 2014, CCR Filed a Petition for a Writ of Certiorari to U.S. Supreme Court.

Attached Files

al-Majalah Freedom of Information Act Request

al-Majalah Freedom of Information Act Request

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Synopsis

On April 17, 2012, the Center for Constitutional Rights and the American Civil Liberties Union made a Freedom of Information Act (“FOIA”) request to several government agencies for information about a US airstrike on a rural community in southwestern Yemen, in the al-Majalah region, on December 17, 2009.  The strike killed a reported 41 people, including at least 21 children.  The Yemeni government initially claimed that it had carried out the strike, but leaked US government cables later revealed that Yemen had covered up the United States’ responsibility for the strike.

Status

The FOIA request was submitted to eight government agencies on April 17, 2012. 

Description

On December 17, 2009, US missiles carrying cluster bombs slammed into a rural community in southwestern Yemen, in the al-Majalah region of Abyan province, killing a reported 41 people, including at least 21 children. The attack resulted in the highest human death toll of any US strike in Yemen to date.
While the Yemeni government initially claimed responsibility for the attack, news reports simultaneously quoted anonymous US officials stating that the United States had carried out the strike. Several months later, Amnesty International released images of US-manufactured munitions remnants found at the site of the strike, raising further questions about the United States’ role.
In November 2011, Wikileaks released a Department of State cable describing a meeting between General David Petraeus and former President Saleh of Yemen confirming that the United States had carried out the strike. According to the cable:
Saleh lamented the use of cruise missiles that are “not very accurate” and welcomed the use of aircraft-deployed precision-guided bombs instead. “We’ll continue saying the bombs are ours, not yours,” Saleh said, prompting Deputy Prime Minister Alimi to joke that he had just “lied” by telling Parliament that the bombs in Arhab, Abyan, and Shebwa were American-made but deployed by the ROYG.
CCR and the ACLU’s FOIA request seeks several categories of information about the strike in al-Majalah, including the U.S. government’s legal basis for the strike; its decision-making process and factual basis for ordering the strike; its knowledge that civilians, including children, were present in the community and any measures taken to limit civilian casualties; its measures if any to compensate victims’ surviving family members for the resulting loss of life and property; and its efforts to conceal its responsibility for the strike. The request is directed to eight government agencies, including the Department of Defense, the US Special Operations Command, and the Department of State.

Media

A video clip of the al-Majalah attack by journalist Jeremy Scahill and filmmaker Richard Rowley:
For more information see:

Timeline

On April 17, 2012, CCR and the ACLU submitted a FOIA request concerning the al-Majalah strike to eight US government agencies.

The NSA’s Secret Role in the U.S. Assassination Program

The NSA’s Secret Role in the U.S. Assassination Program

By and 174
Featured photo - The NSA’s Secret Role in the U.S. Assassination Program Credit: Kirsty Wigglesworth/Associated Press.
The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people.
According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using.
The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere.
His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen.
In one tactic, the NSA “geolocates” the SIM card or handset of a suspected terrorist’s mobile phone, enabling the CIA and U.S. military to conduct night raids and drone strikes to kill or capture the individual in possession of the device.
The former JSOC drone operator is adamant that the technology has been responsible for taking out terrorists and networks of people facilitating improvised explosive device attacks against U.S. forces in Afghanistan. But he also states that innocent people have “absolutely” been killed as a result of the NSA’s increasing reliance on the surveillance tactic.
One problem, he explains, is that targets are increasingly aware of the NSA’s reliance on geolocating, and have moved to thwart the tactic. Some have as many as 16 different SIM cards associated with their identity within the High Value Target system. Others, unaware that their mobile phone is being targeted, lend their phone, with the SIM card in it, to friends, children, spouses and family members.
Some top Taliban leaders, knowing of the NSA’s targeting method, have purposely and randomly distributed SIM cards among their units in order to elude their trackers. “They would do things like go to meetings, take all their SIM cards out, put them in a bag, mix them up, and everybody gets a different SIM card when they leave,” the former drone operator says. “That’s how they confuse us.”
As a result, even when the agency correctly identifies and targets a SIM card belonging to a terror suspect, the phone may actually be carried by someone else, who is then killed in a strike. According to the former drone operator, the geolocation cells at the NSA that run the tracking program – known as Geo Cell –sometimes facilitate strikes without knowing whether the individual in possession of a tracked cell phone or SIM card is in fact the intended target of the strike.
“Once the bomb lands or a night raid happens, you know that phone is there,” he says. “But we don’t know who’s behind it, who’s holding it. It’s of course assumed that the phone belongs to a human being who is nefarious and considered an ‘unlawful enemy combatant.’ This is where it gets very shady.”
The former drone operator also says that he personally participated in drone strikes where the identity of the target was known, but other unknown people nearby were also killed.
“They might have been terrorists,” he says. “Or they could have been family members who have nothing to do with the target’s activities.”
What’s more, he adds, the NSA often locates drone targets by analyzing the activity of a SIM card, rather than the actual content of the calls. Based on his experience, he has come to believe that the drone program amounts to little more than death by unreliable metadata.
“People get hung up that there’s a targeted list of people,” he says. “It’s really like we’re targeting a cell phone. We’re not going after people – we’re going after their phones, in the hopes that the person on the other end of that missile is the bad guy.”
The Obama administration has repeatedly insisted that its operations kill terrorists with the utmost precision.
In his speech at the National Defense University last May, President Obama declared that “before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.” He added that, “by narrowly targeting our action against those who want to kill us and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.”
But the increased reliance on phone tracking and other fallible surveillance tactics suggests that the opposite is true. The Bureau of Investigative Journalism, which uses a conservative methodology to track drone strikes, estimates that at least 273 civilians in Pakistan, Yemen and Somalia have been killed by unmanned aerial assaults under the Obama administration. A recent study conducted by a U.S. military adviser found that, during a single year in Afghanistan – where the majority of drone strikes have taken place – unmanned vehicles were 10 times more likely than conventional aircraft to cause civilian casualties.
The NSA declined to respond to questions for this article. Caitlin Hayden, a spokesperson for the National Security Council, also refused to discuss “the type of operational detail that, in our view, should not be published.”
In describing the administration’s policy on targeted killings, Hayden would not say whether strikes are ever ordered without the use of human intelligence. She emphasized that “our assessments are not based on a single piece of information. We gather and scrutinize information from a variety of sources and methods before we draw conclusions.”
Hayden felt free, however, to note the role that human intelligence plays after a deadly strike occurs. “After any use of targeted lethal force, when there are indications that civilian deaths may have occurred, intelligence analysts draw on a large body of information – including human intelligence, signals intelligence, media reports, and surveillance footage – to help us make informed determinations about whether civilians were in fact killed or injured.”
The government does not appear to apply the same standard of care in selecting whom to target for assassination. The former JSOC drone operator estimates that the overwhelming majority of high-value target operations he worked on in Afghanistan relied on signals intelligence, known as SIGINT, based on the NSA’s phone-tracking technology.
“Everything they turned into a kinetic strike or a night raid was almost 90 percent that,” he says. “You could tell, because you’d go back to the mission reports and it will say ‘this mission was triggered by SIGINT,’ which means it was triggered by a geolocation cell.”
In July, the Washington Post relied exclusively on former senior U.S. intelligence officials and anonymous sources to herald the NSA’s claims about its effectiveness at geolocating terror suspects.
Within the NSA, the paper reported, “A motto quickly caught on at Geo Cell: ‘We Track ’Em, You Whack ’Em.’”
But the Post article included virtually no skepticism about the NSA’s claims, and no discussion at all about how the unreliability of the agency’s targeting methods results in the killing of innocents.
In fact, as the former JSOC drone operator recounts, tracking people by metadata and then killing them by SIM card is inherently flawed. The NSA “will develop a pattern,” he says, “where they understand that this is what this person’s voice sounds like, this is who his friends are, this is who his commander is, this is who his subordinates are. And they put them into a matrix. But it’s not always correct. There’s a lot of human error in that.”
The JSOC operator’s account is supported by another insider who was directly involved in the drone program. Brandon Bryant spent six years as a “stick monkey” – a drone sensor operator who controls the “eyes” of the U.S. military’s unmanned aerial vehicles. By the time he left the Air Force in 2011, Bryant’s squadron, which included a small crew of veteran drone operators, had been credited with killing 1,626 “enemies” in action.
Bryant says he has come forward because he is tormented by the loss of civilian life he believes that he and his squadron may have caused. Today he is committed to informing the public about lethal flaws in the U.S. drone program.
Bryant describes the program as highly compartmentalized: Drone operators taking shots at targets on the ground have little idea where the intelligence is coming from.
“I don’t know who we worked with,” Bryant says. “We were never privy to that sort of information. If the NSA did work with us, like, I have no clue.”
During the course of his career, Bryant says, many targets of U.S. drone strikes evolved their tactics, particularly in the handling of cell phones. “They’ve gotten really smart now and they don’t make the same mistakes as they used to,” he says. “They’d get rid of the SIM card and they’d get a new phone, or they’d put the SIM card in the new phone.”
As the former JSOC drone operator describes – and as classified documents obtained from Snowden confirm – the NSA doesn’t just locate the cell phones of terror suspects by intercepting communications from cell phone towers and Internet service providers. The agency also equips drones and other aircraft with devices known as “virtual base-tower transceivers” – creating, in effect, a fake cell phone tower that can force a targeted person’s device to lock onto the NSA’s receiver without their knowledge.
That, in turn, allows the military to track the cell phone to within 30 feet of its actual location, feeding the real-time data to teams of drone operators who conduct missile strikes or facilitate night raids.
The NSA geolocation system used by JSOC is known by the code name GILGAMESH. Under the program, a specially constructed device is attached to the drone. As the drone circles, the device locates the SIM card or handset that the military believes is used by the target.
DT 1
Relying on this method, says the former JSOC drone operator, means that the “wrong people” could be killed due to metadata errors, particularly in Yemen, Pakistan and Somalia. “We don’t have people on the ground – we don’t have the same forces, informants, or information coming in from those areas – as we do where we have a strong foothold, like we do in Afghanistan. I would say that it’s even more likely that mistakes are made in places such as Yemen or Somalia, and especially Pakistan.”
As of May 2013, according to the former drone operator, President Obama had cleared 16 people in Yemen and five in Somalia for targeting in strikes. Before a strike is green-lit, he says, there must be at least two sources of intelligence. The problem is that both of those sources often involve NSA-supplied data, rather than human intelligence (HUMINT).
As the former drone operator explains, the process of tracking and ultimately killing a targeted person is known within the military as F3: Find, Fix, Finish. “Since there’s almost zero HUMINT operations in Yemen – at least involving JSOC – every one of their strikes relies on signals and imagery for confirmation: signals being the cell phone lock, which is the ‘find’ and imagery being the ‘unblinking eye’ which is the ‘fix.’” The “finish” is the strike itself.
“JSOC acknowledges that it would be completely helpless without the NSA conducting mass surveillance on an industrial level,” the former drone operator says. “That is what creates those baseball cards you hear about,” featuring potential targets for drone strikes or raids.
President Obama signs authorizations for “hits” that remain valid for 60 days. If a target cannot be located within that period, it must be reviewed and renewed. According to the former drone operator, it can take 18 months or longer to move from intelligence gathering to getting approval to actually carrying out a strike in Yemen. “What that tells me,” he says, “is that commanders, once given the authorization needed to strike, are more likely to strike when they see an opportunity – even if there’s a high chance of civilians being killed, too – because in their mind they might never get the chance to strike that target again.”
While drones are not the only method used to kill targets, they have become so prolific that they are now a standard part of U.S. military culture. Remotely piloted Reaper and Predator vehicles are often given nicknames. Among those used in Afghanistan, says the former JSOC drone operator, were “Lightning” and “Sky Raider.”
The latter drone, he adds, was also referred to as “Sky Raper,” for a simple reason – “because it killed a lot of people.” When operators were assigned to “Sky Raper,” he adds, it meant that “somebody was going to die. It was always set to the most high-priority missions.”
In addition to the GILGAMESH system used by JSOC, the CIA uses a similar NSA platform known as SHENANIGANS. The operation – previously undisclosed – utilizes a pod on aircraft that vacuums up massive amounts of data from any wireless routers, computers, smart phones or other electronic devices that are within range.
One top-secret NSA document provided by Snowden is written by a SHENANIGANS operator who documents his March 2012 deployment to Oman, where the CIA has established a drone base. The operator describes how, from almost four miles in the air, he searched for communications devices believed to be used by Al Qaeda in the Arabian Peninsula in neighboring Yemen.The mission was code named VICTORYDANCE.
“The VICTORYDANCE mission was a great experience,” the operator writes. “It was truly a joint interagency effort between CIA and NSA. Flights and targets were coordinated with both CIAers and NSAers. The mission lasted 6 months, during which 43 flights were flown.”
VICTORYDANCE, he adds, “mapped the Wi-Fi fingerprint of nearly every major town in Yemen.”
DT 5
DT 6
The NSA has played an increasingly central role in drone killings over the past five years. In one top-secret NSA document from 2010, the head of the agency’s Strategic Planning and Policy Division of the Counterterrorism Mission Management Center recounts the history of the NSA’s involvement in Yemen. Shortly before President Obama took office, the document reveals, the agency began to “shift analytic resources to focus on Yemen.”
In 2008, the NSA had only three analysts dedicated to Al Qaeda in the Arabian Peninsula in Yemen. By the fall of 2009, it had 45 analysts, and the agency was producing “high quality” signal intelligence for the CIA and JSOC.
In December 2009, utilizing the NSA’s metadata collection programs, the Obama administration dramatically escalated U.S. drone and cruise missile strikes in Yemen.
The first strike in the country known to be authorized by Obama targeted an alleged Al Qaeda camp in the southern village of al-Majala.
The strike, which included the use of cluster bombs, resulted in the deaths of 14 women and 21 children. It is not clear whether the strike was based on metadata collection; the White House has never publicly explained the strike or the source of the faulty intelligence that led to the civilian fatalities.
Another top-secret NSA document confirms that the agency “played a key supporting role” in the drone strike in September 2011 that killed U.S. citizen Anwar al-Awlaki, as well as another American, Samir Khan. According to the 2013 Congressional Budget Justification, “The CIA tracked [Awlaki] for three weeks before a joint operation with the U.S. military killed” the two Americans in Yemen, along with two other people.
When Brandon Bryant left his Air Force squadron in April 2011, the unit was aiding JSOC in its hunt for the American-born cleric. The CIA took the lead in the hunt for Awlaki after JSOC tried and failed to kill him in the spring of 2011.
DT 4
According to Bryant, the NSA’s expanded role in Yemen has only added to what he sees as the risk of fatal errors already evident in CIA operations. “They’re very non-discriminate with how they do things, as far as you can see their actions over in Pakistan and the devastation that they’ve had there,” Bryant says about the CIA. “It feels like they tried to bring those same tactics they used over in Pakistan down to Yemen. It’s a repeat of tactical thinking, instead of intelligent thinking.”
T
hose within the system understand that the government’s targeting tactics are fundamentally flawed. According to the former JSOC drone operator, instructors who oversee GILGAMESH training emphasize: “‘This isn’t a science. This is an art.’ It’s kind of a way of saying that it’s not perfect.”
Yet the tracking “pods” mounted on the bottom of drones have facilitated thousands of “capture or kill” operations in Afghanistan, Iraq, Yemen, Somalia and Pakistan since September 11. One top-secret NSA document provided by Snowden notes that by 2009, “for the first time in the history of the U.S. Air Force, more pilots were trained to fly drones … than conventional fighter aircraft,” leading to a “‘tipping point’ in U.S. military combat behavior in resorting to air strikes in areas of undeclared wars,” such as Yemen and Pakistan.
The document continues: “Did you ever think you would see the day when the U.S. would be conducting combat operations in a country equipped with nuclear weapons without a boot on the ground or a pilot in the air?”
Even NSA operatives seem to recognize how profoundly the agency’s tracking technology deviates from standard operating methods of war.
One NSA document from 2005 poses this question: “What resembles ‘LITTLE BOY’ (one of the atomic bombs dropped on Japan during World War II) and as LITTLE BOY did, represents the dawn of a new era (at least in SIGINT and precision geolocation)?”
Its reply: “If you answered a pod mounted on an Unmanned Aerial Vehicle (UAV) that is currently flying in support of the Global War on Terrorism, you would be correct.”
DT 3
Another document boasts that geolocation technology has “cued and compressed numerous ‘kill chains’ (i.e. all of the steps taken to find, track, target, and engage the enemy), resulting in untold numbers of enemy killed and captured in Afghanistan as well as the saving of U.S. and Coalition lives.”
The former JSOC drone operator, however, remains highly disturbed by the unreliability of such methods. Like other whistleblowers, including Edward Snowden and Chelsea Manning, he says that his efforts to alert his superiors to the problems were brushed off. “The system continues to work because, like most things in the military, the people who use it trust it unconditionally,” he says.
When he would raise objections about intelligence that was “rushed” or “inaccurate” or “outright wrong,” he adds, “the most common response I would get was ‘JSOC wouldn’t spend millions and millions of dollars, and man hours, to go after someone if they weren’t certain that they were the right person.’ There is a saying at the NSA: ‘SIGINT never lies.’ It may be true that SIGINT never lies, but it’s subject to human error.”
The government’s assassination program is actually constructed, he adds, to avoid self-correction. “They make rushed decisions and are often wrong in their assessments. They jump to conclusions and there is no going back to correct mistakes.” Because there is an ever-increasing demand for more targets to be added to the kill list, he says, the mentality is “just keep feeding the beast.”
For Bryant, the killing of Awlaki – followed two weeks later by the killing of his 16-year-old son, Abdulrahman al Awlaki, also an American citizen – motivated him to speak out. Last October, Bryant appeared before a panel of experts at the United Nations – including the UN’s special rapporteur on human rights and counterterrorism, Ben Emmerson, who is currently conducting an investigation into civilians killed by drone strikes.
Dressed in hiking boots and brown cargo pants, Bryant called for “independent investigations” into the Obama administration’s drone program. “At the end of our pledge of allegiance, we say ‘with liberty and justice for all,’” he told the panel. “I believe that should be applied to not only American citizens, but everyone that we interact with as well, to put them on an equal level and to treat them with respect.”
Unlike those who oversee the drone program, Bryant also took personal responsibility for his actions in the killing of Awlaki. “I was a drone operator for six years, active duty for six years in the U.S. Air Force, and I was party to the violations of constitutional rights of an American citizen who should have been tried under a jury,” he said. “And because I violated that constitutional right, I became an enemy of the American people.”
Bryant later told The Intercept, “I had to get out because we were told that the president wanted Awlaki dead. And I wanted him dead. I was told that he was a traitor to our country…. I didn’t really understand that our Constitution covers people, American citizens, who have betrayed our country. They still deserve a trial.”
The killing of Awlaki and his son still haunt Bryant. The younger Awlaki, Abdulrahman, had run away from home to try to find his dad, whom he had not seen in three years. But his father was killed before Abdulrahman could locate him. Abdulrahman was then killed in a separate strike two weeks later as he ate dinner with his teenage cousin and some friends. The White House has never explained the strike.
“I don’t think there’s any day that goes by when I don’t think about those two, to be honest,” Bryant says. “The kid doesn’t seem like someone who would be a suicide bomber or want to die or something like that. He honestly seems like a kid who missed his dad and went there to go see his dad.”
Last May, President Obama acknowledged that “the necessary secrecy” involved in lethal strikes “can end up shielding our government from the public scrutiny that a troop deployment invites. It can also lead a president and his team to view drone strikes as a cure-all for terrorism.”
But that, says the former JSOC operator, is precisely what has happened. Given how much the government now relies on drone strikes – and given how many of those strikes are now dependent on metadata rather than human intelligence – the operator warns that political officials may view the geolocation program as more dependable than it really is.
“I don’t know whether or not President Obama would be comfortable approving the drone strikes if he knew the potential for mistakes that are there,” he says. “All he knows is what he’s told.”
Whether or not Obama is fully aware of the errors built into the program of targeted assassination, he and his top advisors have repeatedly made clear that the president himself directly oversees the drone operation and takes full responsibility for it. Obama once reportedly told his aides that it “turns out I’m really good at killing people.”
The president added, “Didn’t know that was gonna be a strong suit of mine.”
Ryan Devereaux contributed to this article.

REPORT: Obama mulls killing another US citizen with drone strike…

REPORT: Obama mulls killing another US citizen with drone strike…

by: Benjamin Franklin
drone strike

WASHINGTON (AP) — An American citizen who is a member of al-Qaida is actively planning attacks against Americans overseas, U.S. officials say, and the Obama administration is wrestling with whether to kill him with a drone strike and how to do so legally under its new stricter targeting policy issued last year.
The CIA drones watching him cannot strike because he’s a U.S. citizen and the Justice Department must build a case against him, a task it hasn’t completed.
Four U.S. officials said the American suspected terrorist is in a country that refuses U.S. military action on its soil and that has proved unable to go after him. And President Barack Obama’s new policy says American suspected terrorists overseas can only be killed by the military, not the CIA, creating a policy conundrum for the White House.
Two of the officials described the man as an al-Qaida facilitator who has been directly responsible for deadly attacks against U.S. citizens overseas and who continues to plan attacks against them that would use improvised explosive devices.
But one U.S. official said the Defense Department was divided over whether the man is dangerous enough to merit the potential domestic fallout of killing an American without charging him with a crime or trying him, and the potential international fallout of such an operation in a country that has been resistant to U.S. action.
Another of the U.S. officials said the Pentagon did ultimately decide to recommend lethal action.
The officials said the suspected terrorist is well-guarded and in a fairly remote location, so any unilateral attempt by U.S. troops to capture him would be risky and even more politically explosive than a U.S. missile strike.
Under new guidelines Obama addressed in a speech last year to calm anger overseas at the extent of the U.S. drone campaign, lethal force must only be used “to prevent or stop attacks against U.S. persons, and even then, only when capture is not feasible and no other reasonable alternatives exist to address the threat effectively.” The target must also pose “a continuing, imminent threat to U.S. persons” — the legal definition of catching someone in the act of plotting a lethal attack.
The Associated Press has agreed to the government’s request to withhold the name of the country where the suspected terrorist is believed to be because officials said publishing it could interrupt ongoing counterterror operations.
The officials spoke on condition of anonymity because they were not authorized to discuss the classified drone targeting program publicly.
House Intelligence committee chairman Mike Rogers, R-Mich., complained last week that a number of terrorist suspects were all but out of reach under the administration’s new rules that limit drone strikes based on the target’s nationality or location. Two of the U.S. officials said the Justice Department review of the American suspected terrorist started last fall.
The senior administration official confirmed that the Justice Department was working to build a case for the president to review and decide the man’s fate. The official said, however, the legal procedure being followed is the same as when the U.S. killed militant cleric and former Virginia resident Anwar al-Awlaki by drone in Yemen in 2011, long before the new targeted killing policy took effect.
The official said the president could make an exception to his policy and authorize the CIA to strike on a onetime basis or authorize the Pentagon to act despite the possible objections of the country in question.
The Justice Department, the Pentagon and the CIA declined to comment.
If the target is an American citizen, the Justice Department is required to show that killing the person through military action is “legal and constitutional”— in this case, that the Pentagon can take action against the American, as the administration has ruled him an enemy combatant under the Authorization for Use of Military Force, a resolution Congress passed a week after the 9/11 attacks to target al-Qaida.
Mary Ellen O’Connell, a professor of international law at the University of Notre Dame, said there is a school of thought that the Obama administration’s drone policy is “lawless.”
“Why should the Justice Department issue the execution warrant for anyone abroad? The fact that they give extra scrutiny only because he’s an American exacerbates this negative impression,” O’Connell said.
http://www.redflagnews.com/headlines/report-obama-mulls-killing-another-us-citizen-with-drone-strike

More Evidence of Western-Backed Dirty Tricks Surfaces in Ukraine

More Evidence of Western-Backed Dirty Tricks Surfaces in Ukraine
February 10, 2014 • 11:15AM
One of recent weeks' leading stories of atrocities allegedly committed by the Yanukovych regime or Russian secret services in Ukraine has begun to unravel, with growing suspicions that Automaidan leader Dmytro Bulatov's kidnapping and torture in January was faked. The "Automaidan" is a protest movement of car owners who drive from city to city to highlight the wealth and corruption of Ukrainian government officials. Bulatov disappeared in January, then emerged with visible head wounds and claimed to have been kidnapped and "crucified" by masked men speaking with Russian accents. He is currently in Lithuania for medical treatment.
After media articles questioning Bulatov's story, two officials of Arseni Yatsenyuk's opposition Batkivshchyna Party from Khmelnitsky Region yesterday issued an open letter to the population, saying that published evidence showed that the incident was faked. They wrote that "the leader of the Automaidan has sold his civic conscience," and they "condemn him for this unprecedented act and demand a full analysis of his complicity in planning his own kidnapping, which is a crime against the state and society." Then articles appeared under headlines like "Yatsenyuk will dump Klitschko as unneeded ballast," as analysts suggested that Udar Party leader Vitali Klitschko's complicity in the Bulatov incident could lead to a split between him and Yatsenyuk.
Russian Academician Sergei Glazyev, an advisor to President Putin on Eurasian affairs, yesterday charged the kidnapping of Bulatov had been staged as a trigger-point for a seizure of power. "The provocation with the imaginary kidnapping of Bulatov, the recent unmasking of U.S. Assistant Secretary of State Mrs. Nuland, and the [bomb] incident in the Trade Union House reveal the overall contours of a plot by U.S. secret services and their agent network in Kiev," Ukrainian media quoted Glazyev. Calling the kidnapping an "anti-Russian provocation," Glazyev elaborated: "Bulatov was supposedly tortured by people 'with a Russian accent.' I should note that the majority of the population of Ukraine speaks with a Russian accent, including Klitschko, Kravchuk, Tymoshenko, Kuchma, and all the other well-known figures in Ukraine."
Also of note is the circulation in Ukrainian media, and also picked up by Russian state television, of another alleged intercept of U.S. Embassy communications. Unlike the recording of Assistant Secretary of State Victoria Nuland and Ambassador Jeffrey Pyatt discussing who should or should not be allowed into the next Ukrainian government, this one is a written transcript only. It purports to be a text message sent by one "Tim" to the head of the Common Cause ("SS") organization Alexander Danilyuk, before the latter fled to London. Tim instructs him on how to handle SS's occupation of the Ministry of Justice building, cites a recent meeting with Danilyuk, and gives a phone number that turns out to be one belonging to the U.S. Embassy. Russian Komsomolskaya Pravda, which highlighted the alleged transcript, wrote that the Ukrainian MVD has thanked Ambassador Pyatt for helping to free the Ministry of Justice building from SS occupation on Jan. 27, and asserted that "Tim" was Tim Piergalski, a second secretary at the U.S. Embassy who previous worked in the Peace Corps in Georgia and, like Ambassador Pyatt, arrived in Ukraine only last year.