Scahill exposes involvement of Blackwater mercenaries in secret US operations in Pakistan

In this article published in The Nation, Jeremy Scahill exposes the existence of covert U.S. operations in Pakistan to assassinate or kidnap Taliban or al Qaeda operatives.   Blackwater mercenaries are at the heart of this secret war.

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http://www.thenation.com/doc/20091207/scahill

The Secret US War in Pakistan

By Jeremy Scahill

November 23, 2009

At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which they plan targeted assassinations of suspected Taliban and Al Qaeda operatives, “snatch and grabs” of high-value targets and other sensitive action inside and outside Pakistan, an investigation by The Nation has found. The Blackwater operatives also assist in gathering intelligence and help direct a secret US military drone bombing campaign that runs parallel to the well-documented CIA predator strikes, according to a well-placed source within the US military intelligence apparatus.

The source, who has worked on covert US military programs for years, including in Afghanistan and Pakistan, has direct knowledge of Blackwater’s involvement. He spoke to The Nation on condition of anonymity because the program is classified. The source said that the program is so “compartmentalized” that senior figures within the Obama administration and the US military chain of command may not be aware of its existence.

The White House did not return calls or email messages seeking comment for this story. Capt. John Kirby, the spokesperson for Adm. Michael Mullen, Chair of the Joint Chiefs of Staff, told The Nation, “We do not discuss current operations one way or the other, regardless of their nature.” A defense official, on background, specifically denied that Blackwater performs work on drone strikes or intelligence for JSOC in Pakistan. “We don’t have any contracts to do that work for us. We don’t contract that kind of work out, period,” the official said. “There has not been, and is not now, contracts between JSOC and that organization for these types of services.”

Blackwater’s founder Erik Prince contradicted this statement in a recent interview, telling Vanity Fair that Blackwater works with US Special Forces in identifying targets and planning missions, citing an operation in Syria. The magazine also published a photo of a Blackwater base near the Afghanistan-Pakistan border.

The previously unreported program, the military intelligence source said, is distinct from the CIA assassination program that the agency’s director, Leon Panetta, announced he had canceled in June 2009. “This is a parallel operation to the CIA,” said the source. “They are two separate beasts.” The program puts Blackwater at the epicenter of a US military operation within the borders of a nation against which the United States has not declared war–knowledge that could further strain the already tense relations between the United States and Pakistan. In 2006, the United States and Pakistan struck a deal that authorized JSOC to enter Pakistan to hunt Osama bin Laden with the understanding that Pakistan would deny it had given permission. Officially, the United States is not supposed to have any active military operations in the country.

Blackwater, which recently changed its name to Xe Services and US Training Center, denies the company is operating in Pakistan. “Xe Services has only one employee in Pakistan performing construction oversight for the U.S. Government,” Blackwater spokesperson Mark Corallo said in a statement to The Nation, adding that the company has “no other operations of any kind in Pakistan.”

A former senior executive at Blackwater confirmed the military intelligence source’s claim that the company is working in Pakistan for the CIA and JSOC, the premier counterterrorism and covert operations force within the military. He said that Blackwater is also working for the Pakistani government on a subcontract with an Islamabad-based security firm that puts US Blackwater operatives on the ground with Pakistani forces in counter-terrorism operations, including house raids and border interdictions, in the North-West Frontier Province and elsewhere in Pakistan. This arrangement, the former executive said, allows the Pakistani government to utilize former US Special Operations forces who now work for Blackwater while denying an official US military presence in the country. He also confirmed that Blackwater has a facility in Karachi and has personnel deployed elsewhere in Pakistan. The former executive spoke on condition of anonymity.

His account and that of the military intelligence source were borne out by a US military source who has knowledge of Special Forces actions in Pakistan and Afghanistan. When asked about Blackwater’s covert work for JSOC in Pakistan, this source, who also asked for anonymity, told The Nation, “From my information that I have, that is absolutely correct,” adding, “There’s no question that’s occurring.”

“It wouldn’t surprise me because we’ve outsourced nearly everything,” said Col. Lawrence Wilkerson, who served as Secretary of State Colin Powell’s chief of staff from 2002 to 2005, when told of Blackwater’s role in Pakistan. Wilkerson said that during his time in the Bush administration, he saw the beginnings of Blackwater’s involvement with the sensitive operations of the military and CIA. “Part of this, of course, is an attempt to get around the constraints the Congress has placed on DoD. If you don’t have sufficient soldiers to do it, you hire civilians to do it. I mean, it’s that simple. It would not surprise me.”

The Counterterrorism Tag Team in Karachi

The covert JSOC program with Blackwater in Pakistan dates back to at least 2007, according to the military intelligence source. The current head of JSOC is Vice Adm. William McRaven, who took over the post from Gen. Stanley McChrystal, who headed JSOC from 2003 to 2008 before being named the top US commander in Afghanistan. Blackwater’s presence in Pakistan is “not really visible, and that’s why nobody has cracked down on it,” said the source. Blackwater’s operations in Pakistan, he said, are not done through State Department contracts or publicly identified Defense contracts. “It’s Blackwater via JSOC, and it’s a classified no-bid [contract] approved on a rolling basis.” The main JSOC/Blackwater facility in Karachi, according to the source, is nondescript: three trailers with various generators, satellite phones and computer systems are used as a makeshift operations center. “It’s a very rudimentary operation,” says the source. “I would compare it to [CIA] outposts in Kurdistan or any of the Special Forces outposts. It’s very bare bones, and that’s the point.”

Blackwater’s work for JSOC in Karachi is coordinated out of a Task Force based at Bagram Air Base in neighboring Afghanistan, according to the military intelligence source. While JSOC technically runs the operations in Karachi, he said, it is largely staffed by former US special operations soldiers working for a division of Blackwater, once known as Blackwater SELECT, and intelligence analysts working for a Blackwater affiliate, Total Intelligence Solutions (TIS), which is owned by Erik Prince. The military source said that the name Blackwater SELECT may have been changed recently. Total Intelligence, which is run out of an office on the ninth floor of a building in the Ballston area of Arlington, Virginia, is staffed by former analysts and operatives from the CIA, DIA, FBI and other agencies. It is modeled after the CIA’s counterterrorism center. In Karachi, TIS runs a “media-scouring/open-source network,” according to the source. Until recently, Total Intelligence was run by two former top CIA officials, Cofer Black and Robert Richer, both of whom have left the company. In Pakistan, Blackwater is not using either its original name or its new moniker, Xe Services, according to the former Blackwater executive. “They are running most of their work through TIS because the other two [names] have such a stain on them,” he said. Corallo, the Blackwater spokesperson, denied that TIS or any other division or affiliate of Blackwater has any personnel in Pakistan.

The US military intelligence source said that Blackwater’s classified contracts keep getting renewed at the request of JSOC. Blackwater, he said, is already so deeply entrenched that it has become a staple of the US military operations in Pakistan. According to the former Blackwater executive, “The politics that go with the brand of BW is somewhat set aside because what you’re doing is really one military guy to another.” Blackwater’s first known contract with the CIA for operations in Afghanistan was awarded in 2002 and was for work along the Afghanistan-Pakistan border.

One of the concerns raised by the military intelligence source is that some Blackwater personnel are being given rolling security clearances above their approved clearances. Using Alternative Compartmentalized Control Measures (ACCMs), he said, the Blackwater personnel are granted clearance to a Special Access Program, the bureaucratic term used to describe highly classified “black” operations. “With an ACCM, the security manager can grant access to you to be exposed to and operate within compartmentalized programs far above ‘secret’–even though you have no business doing so,” said the source. It allows Blackwater personnel that “do not have the requisite security clearance or do not hold a security clearance whatsoever to participate in classified operations by virtue of trust,” he added. “Think of it as an ultra-exclusive level above top secret. That’s exactly what it is: a circle of love.” Blackwater, therefore, has access to “all source” reports that are culled in part from JSOC units in the field. “That’s how a lot of things over the years have been conducted with contractors,” said the source. “We have contractors that regularly see things that top policy-makers don’t unless they ask.”

According to the source, Blackwater has effectively marketed itself as a company whose operatives have “conducted lethal direct action missions and now, for a price, you can have your own planning cell. JSOC just ate that up,” he said, adding, “They have a sizable force in Pakistan–not for any nefarious purpose if you really want to look at it that way–but to support a legitimate contract that’s classified for JSOC.” Blackwater’s Pakistan JSOC contracts are secret and are therefore shielded from public oversight, he said. The source is not sure when the arrangement with JSOC began, but he says that a spin-off of Blackwater SELECT “was issued a no-bid contract for support to shooters for a JSOC Task Force and they kept extending it.” Some of the Blackwater personnel, he said, work undercover as aid workers. “Nobody even gives them a second thought.”

The military intelligence source said that the Blackwater/JSOC Karachi operation is referred to as “Qatar cubed,” in reference to the US forward operating base in Qatar that served as the hub for the planning and implementation of the US invasion of Iraq. “This is supposed to be the brave new world,” he says. “This is the Jamestown of the new millennium and it’s meant to be a lily pad. You can jump off to Uzbekistan, you can jump back over the border, you can jump sideways, you can jump northwest. It’s strategically located so that they can get their people wherever they have to without having to wrangle with the military chain of command in Afghanistan, which is convoluted. They don’t have to deal with that because they’re operating under a classified mandate.”

In addition to planning drone strikes and operations against suspected Al Qaeda and Taliban forces in Pakistan for both JSOC and the CIA, the Blackwater team in Karachi also helps plan missions for JSOC inside Uzbekistan against the Islamic Movement of Uzbekistan, according to the military intelligence source. Blackwater does not actually carry out the operations, he said, which are executed on the ground by JSOC forces. “That piqued my curiosity and really worries me because I don’t know if you noticed but I was never told we are at war with Uzbekistan,” he said. “So, did I miss something, did Rumsfeld come back into power?”

Pakistan’s Military Contracting Maze

Blackwater, according to the military intelligence source, is not doing the actual killing as part of its work in Pakistan. “The SELECT personnel are not going into places with private aircraft and going after targets,” he said. “It’s not like Blackwater SELECT people are running around assassinating people.” Instead, US Special Forces teams carry out the plans developed in part by Blackwater. The military intelligence source drew a distinction between the Blackwater operatives who work for the State Department, which he calls “Blackwater Vanilla,” and the seasoned Special Forces veterans who work on the JSOC program. “Good or bad, there’s a small number of people who know how to pull off an operation like that. That’s probably a good thing,” said the source. “It’s the Blackwater SELECT people that have and continue to plan these types of operations because they’re the only people that know how and they went where the money was. It’s not trigger-happy fucks, like some of the PSD [Personal Security Detail] guys. These are not people that believe that Barack Obama is a socialist, these are not people that kill innocent civilians. They’re very good at what they do.”

The former Blackwater executive, when asked for confirmation that Blackwater forces were not actively killing people in Pakistan, said, “that’s not entirely accurate.” While he concurred with the military intelligence source’s description of the JSOC and CIA programs, he pointed to another role Blackwater is allegedly playing in Pakistan, not for the US government but for Islamabad. According to the executive, Blackwater works on a subcontract for Kestral Logistics, a powerful Pakistani firm, which specializes in military logistical support, private security and intelligence consulting. It is staffed with former high-ranking Pakistani army and government officials. While Kestral’s main offices are in Pakistan, it also has branches in several other countries.

A spokesperson for the US State Department’s Directorate of Defense Trade Controls (DDTC), which is responsible for issuing licenses to US corporations to provide defense-related services to foreign governments or entities, would neither confirm nor deny for The Nation that Blackwater has a license to work in Pakistan or to work with Kestral. “We cannot help you,” said department spokesperson David McKeeby after checking with the relevant DDTC officials. “You’ll have to contact the companies directly.” Blackwater’s Corallo said the company has “no operations of any kind” in Pakistan other than the one employee working for the DoD. Kestral did not respond to inquiries from The Nation.

According to federal lobbying records, Kestral recently hired former Assistant Secretary of State for Western Hemisphere Affairs Roger Noriega, who served in that post from 2003 to 2005, to lobby the US government, including the State Department, USAID and Congress, on foreign affairs issues “regarding [Kestral’s] capabilities to carry out activities of interest to the United States.” Noriega was hired through his firm, Vision Americas, which he runs with Christina Rocca, a former CIA operations official who served as assistant secretary of state for South Asian affairs from 2001 to 2006 and was deeply involved in shaping US policy toward Pakistan. In October 2009, Kestral paid Vision Americas $15,000 and paid a Vision Americas-affiliated firm, Firecreek Ltd., an equal amount to lobby on defense and foreign policy issues.

For years, Kestral has done a robust business in defense logistics with the Pakistani government and other nations, as well as top US defense companies. Blackwater owner Erik Prince is close with Kestral CEO Liaquat Ali Baig, according to the former Blackwater executive. “Ali and Erik have a pretty close relationship,” he said. “They’ve met many times and struck a deal, and they [offer] mutual support for one another.” Working with Kestral, he said, Blackwater has provided convoy security for Defense Department shipments destined for Afghanistan that would arrive in the port at Karachi. Blackwater, according to the former executive, would guard the supplies as they were transported overland from Karachi to Peshawar and then west through the Torkham border crossing, the most important supply route for the US military in Afghanistan.

According to the former executive, Blackwater operatives also integrate with Kestral’s forces in sensitive counterterrorism operations in the North-West Frontier Province, where they work in conjunction with the Pakistani Interior Ministry’s paramilitary force, known as the Frontier Corps (alternately referred to as “frontier scouts”). The Blackwater personnel are technically advisers, but the former executive said that the line often gets blurred in the field. Blackwater “is providing the actual guidance on how to do [counterterrorism operations] and Kestral’s folks are carrying a lot of them out, but they’re having the guidance and the overwatch from some BW guys that will actually go out with the teams when they’re executing the job,” he said. “You can see how that can lead to other things in the border areas.” He said that when Blackwater personnel are out with the Pakistani teams, sometimes its men engage in operations against suspected terrorists. “You’ve got BW guys that are assisting… and they’re all going to want to go on the jobs–so they’re going to go with them,” he said. “So, the things that you’re seeing in the news about how this Pakistani military group came in and raided this house or did this or did that–in some of those cases, you’re going to have Western folks that are right there at the house, if not in the house.” Blackwater, he said, is paid by the Pakistani government through Kestral for consulting services. “That gives the Pakistani government the cover to say, ‘Hey, no, we don’t have any Westerners doing this. It’s all local and our people are doing it.’ But it gets them the expertise that Westerners provide for [counterterrorism]-related work.”

The military intelligence source confirmed Blackwater works with the Frontier Corps, saying, “There’s no real oversight. It’s not really on people’s radar screen.”

In October, in response to Pakistani news reports that a Kestral warehouse in Islamabad was being used to store heavy weapons for Blackwater, the US Embassy in Pakistan released a statement denying the weapons were being used by “a private American security contractor.” The statement said, “Kestral Logistics is a private logistics company that handles the importation of equipment and supplies provided by the United States to the Government of Pakistan. All of the equipment and supplies were imported at the request of the Government of Pakistan, which also certified the shipments.”

Who is Behind the Drone Attacks?

Since President Barack Obama was inaugurated, the United States has expanded drone bombing raids in Pakistan. Obama first ordered a drone strike against targets in North and South Waziristan on January 23, and the strikes have been conducted consistently ever since. The Obama administration has now surpassed the number of Bush-era strikes in Pakistan and has faced fierce criticism from Pakistan and some US lawmakers over civilian deaths. A drone attack in June killed as many as sixty people attending a Taliban funeral.

In August, the New York Times reported that Blackwater works for the CIA at “hidden bases in Pakistan and Afghanistan, where the company’s contractors assemble and load Hellfire missiles and 500-pound laser-guided bombs on remotely piloted Predator aircraft.” In February, The Times of London obtained a satellite image of a secret CIA airbase in Shamsi, in Pakistan’s southwestern province of Baluchistan, showing three drone aircraft. The New York Times also reported that the agency uses a secret base in Jalalabad, Afghanistan, to strike in Pakistan.

The military intelligence source says that the drone strike that reportedly killed Pakistani Taliban leader Baitullah Mehsud, his wife and his bodyguards in Waziristan in August was a CIA strike, but that many others attributed in media reports to the CIA are actually JSOC strikes. “Some of these strikes are attributed to OGA [Other Government Agency, intelligence parlance for the CIA], but in reality it’s JSOC and their parallel program of UAVs [unmanned aerial vehicles] because they also have access to UAVs. So when you see some of these hits, especially the ones with high civilian casualties, those are almost always JSOC strikes.” The Pentagon has stated bluntly, “There are no US military strike operations being conducted in Pakistan.”

The military intelligence source also confirmed that Blackwater continues to work for the CIA on its drone bombing program in Pakistan, as previously reported in the New York Times, but added that Blackwater is working on JSOC’s drone bombings as well. “It’s Blackwater running the program for both CIA and JSOC,” said the source. When civilians are killed, “people go, ‘Oh, it’s the CIA doing crazy shit again unchecked.’ Well, at least 50 percent of the time, that’s JSOC [hitting] somebody they’ve identified through HUMINT [human intelligence] or they’ve culled the intelligence themselves or it’s been shared with them and they take that person out and that’s how it works.”

The military intelligence source says that the CIA operations are subject to Congressional oversight, unlike the parallel JSOC bombings. “Targeted killings are not the most popular thing in town right now and the CIA knows that,” he says. “Contractors and especially JSOC personnel working under a classified mandate are not [overseen by Congress], so they just don’t care. If there’s one person they’re going after and there’s thirty-four people in the building, thirty-five people are going to die. That’s the mentality.” He added, “They’re not accountable to anybody and they know that. It’s an open secret, but what are you going to do, shut down JSOC?”

In addition to working on covert action planning and drone strikes, Blackwater SELECT also provides private guards to perform the sensitive task of security for secret US drone bases, JSOC camps and Defense Intelligence Agency camps inside Pakistan, according to the military intelligence source.

Mosharraf Zaidi, a well-known Pakistani journalist who has served as a consultant for the UN and European Union in Pakistan and Afghanistan, says that the Blackwater/JSOC program raises serious questions about the norms of international relations. “The immediate question is, How do you define the active pursuit of military objectives in a country with which not only have you not declared war but that is supposedly a front-line non-NATO ally in the US struggle to contain extremist violence coming out of Afghanistan and the border regions of Afghanistan and Pakistan?” asks Zaidi, who is currently a columnist for The News, the biggest English-language daily in Pakistan. “Let’s forget Blackwater for a second. What this is confirming is that there are US military operations in Pakistan that aren’t about logistics or getting food to Bagram; that are actually about the exercise of physical violence, physical force inside of Pakistani territory.”

JSOC: Rumsfeld and Cheney’s Extra Special Force

Colonel Wilkerson said that he is concerned that with General McChrystal’s elevation as the military commander of the Afghan war–which is increasingly seeping into Pakistan–there is a concomitant rise in JSOC’s power and influence within the military structure. “I don’t see how you can escape that; it’s just a matter of the way the authority flows and the power flows, and it’s inevitable, I think,” Wilkerson told The Nation. He added, “I’m alarmed when I see execute orders and combat orders that go out saying that the supporting force is Central Command and the supported force is Special Operations Command,” under which JSOC operates. “That’s backward. But that’s essentially what we have today.”

From 2003 to 2008 McChrystal headed JSOC, which is headquartered at Pope Air Force Base and Fort Bragg in North Carolina, where Blackwater’s 7,000-acre operating base is also situated. JSOC controls the Army’s Delta Force, the Navy’s SEAL Team 6, as well as the Army’s 75th Ranger Regiment and 160th Special Operations Aviation Regiment, and the Air Force’s 24th Special Tactics Squadron. JSOC performs strike operations, reconnaissance in denied areas and special intelligence missions. Blackwater, which was founded by former Navy SEALs, employs scores of veteran Special Forces operators–which several former military officials pointed to as the basis for Blackwater’s alleged contracts with JSOC.

Since 9/11, many top-level Special Forces veterans have taken up employment with private firms, where they can make more money doing the highly specialized work they did in uniform. “The Blackwater individuals have the experience. A lot of these individuals are retired military, and they’ve been around twenty to thirty years and have experience that the younger Green Beret guys don’t,” said retired Army Lieut. Col. Jeffrey Addicott, a well-connected military lawyer who served as senior legal counsel for US Army Special Forces. “They’re known entities. Everybody knows who they are, what their capabilities are, and they’ve got the experience. They’re very valuable.”

“They make much more money being the smarts of these operations, planning hits in various countries and basing it off their experience in Chechnya, Bosnia, Somalia, Ethiopia,” said the military intelligence source. “They were there for all of these things, they know what the hell they’re talking about. And JSOC has unfortunately lost the institutional capability to plan within, so they hire back people that used to work for them and had already planned and executed these [types of] operations. They hired back people that jumped over to Blackwater SELECT and then pay them exorbitant amounts of money to plan future operations. It’s a ridiculous revolving door.”

While JSOC has long played a central role in US counterterrorism and covert operations, military and civilian officials who worked at the Defense and State Departments during the Bush administration described in interviews with The Nation an extremely cozy relationship that developed between the executive branch (primarily through Vice President Dick Cheney and Defense Secretary Donald Rumsfeld) and JSOC. During the Bush era, Special Forces turned into a virtual stand-alone operation that acted outside the military chain of command and in direct coordination with the White House. Throughout the Bush years, it was largely General McChrystal who ran JSOC. “What I was seeing was the development of what I would later see in Iraq and Afghanistan, where Special Operations forces would operate in both theaters without the conventional commander even knowing what they were doing,” said Colonel Wilkerson. “That’s dangerous, that’s very dangerous. You have all kinds of mess when you don’t tell the theater commander what you’re doing.”

Wilkerson said that almost immediately after assuming his role at the State Department under Colin Powell, he saw JSOC being politicized and developing a close relationship with the executive branch. He saw this begin, he said, after his first Delta Force briefing at Fort Bragg. “I think Cheney and Rumsfeld went directly into JSOC. I think they went into JSOC at times, perhaps most frequently, without the SOCOM [Special Operations] commander at the time even knowing it. The receptivity in JSOC was quite good,” says Wilkerson. “I think Cheney was actually giving McChrystal instructions, and McChrystal was asking him for instructions.” He said the relationship between JSOC and Cheney and Rumsfeld “built up initially because Rumsfeld didn’t get the responsiveness. He didn’t get the can-do kind of attitude out of the SOCOM commander, and so as Rumsfeld was wont to do, he cut him out and went straight to the horse’s mouth. At that point you had JSOC operating as an extension of the [administration] doing things the executive branch–read: Cheney and Rumsfeld–wanted it to do. This would be more or less carte blanche. You need to do it, do it. It was very alarming for me as a conventional soldier.”

Wilkerson said the JSOC teams caused diplomatic problems for the United States across the globe. “When these teams started hitting capital cities and other places all around the world, [Rumsfeld] didn’t tell the State Department either. The only way we found out about it is our ambassadors started to call us and say, ‘Who the hell are these six-foot-four white males with eighteen-inch biceps walking around our capital cities?’ So we discovered this, we discovered one in South America, for example, because he actually murdered a taxi driver, and we had to get him out of there real quick. We rendered him–we rendered him home.”

As part of their strategy, Rumsfeld and Cheney also created the Strategic Support Branch (SSB), which pulled intelligence resources from the Defense Intelligence Agency and the CIA for use in sensitive JSOC operations. The SSB was created using “reprogrammed” funds “without explicit congressional authority or appropriation,” according to the Washington Post. The SSB operated outside the military chain of command and circumvented the CIA’s authority on clandestine operations. Rumsfeld created it as part of his war to end “near total dependence on CIA.” Under US law, the Defense Department is required to report all deployment orders to Congress. But guidelines issued in January 2005 by former Under Secretary of Defense for Intelligence Stephen Cambone stated that Special Operations forces may “conduct clandestine HUMINT operations…before publication” of a deployment order. This effectively gave Rumsfeld unilateral control over clandestine operations.

The military intelligence source said that when Rumsfeld was defense secretary, JSOC was deployed to commit some of the “darkest acts” in part to keep them concealed from Congress. “Everything can be justified as a military operation versus a clandestine intelligence performed by the CIA, which has to be informed to Congress,” said the source. “They were aware of that and they knew that, and they would exploit it at every turn and they took full advantage of it. They knew they could act extra-legally and nothing would happen because A, it was sanctioned by DoD at the highest levels, and B, who was going to stop them? They were preparing the battlefield, which was on all of the PowerPoints: ‘Preparing the Battlefield.'”

The significance of the flexibility of JSOC’s operations inside Pakistan versus the CIA’s is best summed up by Senator Dianne Feinstein, chair of the Senate Select Committee on Intelligence. “Every single intelligence operation and covert action must be briefed to the Congress,” she said. “If they are not, that is a violation of the law.”

Blackwater: Company Non Grata in Pakistan

For months, the Pakistani media has been flooded with stories about Blackwater’s alleged growing presence in the country. For the most part, these stories have been ignored by the US press and denounced as lies or propaganda by US officials in Pakistan. But the reality is that, although many of the stories appear to be wildly exaggerated, Pakistanis have good reason to be concerned about Blackwater’s operations in their country. It is no secret in Washington or Islamabad that Blackwater has been a central part of the wars in Afghanistan and Pakistan and that the company has been involved–almost from the beginning of the “war on terror”–with clandestine US operations. Indeed, Blackwater is accepting applications for contractors fluent in Urdu and Punjabi. The US Ambassador to Pakistan, Anne Patterson, has denied Blackwater’s presence in the country, stating bluntly in September, “Blackwater is not operating in Pakistan.” In her trip to Pakistan in October, Secretary of State Hillary Clinton dodged questions from the Pakistani press about Blackwater’s rumored Pakistani operations. Pakistan’s interior minister, Rehman Malik, said on November 21 he will resign if Blackwater is found operating anywhere in Pakistan.

The Christian Science Monitor recently reported that Blackwater “provides security for a US-backed aid project” in Peshawar, suggesting the company may be based out of the Pearl Continental, a luxury hotel the United States reportedly is considering purchasing to use as a consulate in the city. “We have no contracts in Pakistan,” Blackwater spokesperson Stacey DeLuke said recently. “We’ve been blamed for all that has gone wrong in Peshawar, none of which is true, since we have absolutely no presence there.”

Reports of Blackwater’s alleged presence in Karachi and elsewhere in the country have been floating around the Pakistani press for months. Hamid Mir, a prominent Pakistani journalist who rose to fame after his 1997 interview with Osama bin Laden, claimed in a recent interview that Blackwater is in Karachi. “The US [intelligence] agencies think that a number of Al-Qaeda and Taliban leaders are hiding in Karachi and Peshawar,” he said. “That is why [Blackwater] agents are operating in these two cities.” Ambassador Patterson has said that the claims of Mir and other Pakistani journalists are “wildly incorrect,” saying they had compromised the security of US personnel in Pakistan. On November 20 the Washington Times, citing three current and former US intelligence officials, reported that Mullah Mohammed Omar, the leader of the Afghan Taliban, has “found refuge from potential U.S. attacks” in Karachi “with the assistance of Pakistan’s intelligence service.”

In September, the Pakistani press covered a report on Blackwater allegedly submitted by Pakistan’s intelligence agencies to the federal interior ministry. In the report, the intelligence agencies reportedly allege that Blackwater was provided houses by a federal minister who is also helping them clear shipments of weapons and vehicles through Karachi’s Port Qasim on the coast of the Arabian Sea. The military intelligence source did not confirm this but did say, “The port jives because they have a lot of [former] SEALs and they would revert to what they know: the ocean, instead of flying stuff in.”

The Nation cannot independently confirm these allegations and has not seen the Pakistani intelligence report. But according to Pakistani press coverage, the intelligence report also said Blackwater has acquired “bungalows” in the Defense Housing Authority in the city. According to the DHA website, it is a large residential estate originally established “for the welfare of the serving and retired officers of the Armed Forces of Pakistan.” Its motto is: “Home for Defenders.” The report alleges Blackwater is receiving help from local government officials in Karachi and is using vehicles with license plates traditionally assigned to members of the national and provincial assemblies, meaning local law enforcement will not stop them.

The use of private companies like Blackwater for sensitive operations such as drone strikes or other covert work undoubtedly comes with the benefit of plausible deniability that places an additional barrier in an already deeply flawed system of accountability. When things go wrong, it’s the contractors’ fault, not the government’s. But the widespread use of contractors also raises serious legal questions, particularly when they are a part of lethal, covert actions. “We are using contractors for things that in the past might have been considered to be a violation of the Geneva Convention,” said Lt. Col. Addicott, who now runs the Center for Terrorism Law at St. Mary’s University School of Law in San Antonio, Texas. “In my opinion, we have pressed the envelope to the breaking limit, and it’s almost a fiction that these guys are not in offensive military operations.” Addicott added, “If we were subjected to the International Criminal Court, some of these guys could easily be picked up, charged with war crimes and put on trial. That’s one of the reasons we’re not members of the International Criminal Court.”

If there is one quality that has defined Blackwater over the past decade, it is the ability to survive against the odds while simultaneously reinventing and rebranding itself. That is most evident in Afghanistan, where the company continues to work for the US military, the CIA and the State Department despite intense criticism and almost weekly scandals. Blackwater’s alleged Pakistan operations, said the military intelligence source, are indicative of its new frontier. “Having learned its lessons after the private security contracting fiasco in Iraq, Blackwater has shifted its operational focus to two venues: protecting things that are in danger and anticipating other places we’re going to go as a nation that are dangerous,” he said. “It’s as simple as that.”

Inouye tries to divert unauthorized funds to missile defense site at PMRF

http://www.honoluluadvertiser.com/article/20091110/NEWS08/911100321/0/NEWS01/-68.5M-test-site-sought-for-Kaua-i

Posted on: Tuesday, November 10, 2009

$68.5M test site sought for Kauai

By John Yaukey

Gannett Washington Bureau

WASHINGTON — Work on developing a missile defense system for possible use against Iranian weapons would be done on Kaua’i under a special request by Sen. Daniel Inouye and a top U.S. general.

Inouye, D-Hawai’i, and Army Lt. Gen. Patrick O’Reilly, director of the Pentagon’s Missile Defense Agency, have asked Congress for $68.5 million to build an Aegis missile defense test site at the Pacific Missile Range Facility on the western shores of Kaua’i.

The missile defense system would be deployed on the Navy’s Aegis ships and on land to protect against short- and medium-range missiles, potentially from Iran.

The Islamic Republic has raised concerns over its work on nuclear technology and its aggressive rhetoric, especially against Israel.

“This will enable the Missile Defense Agency to meet (President Obama’s) timelines for defending Europe and the United States sooner against Iranian missiles,” Inouye said in a statement yesterday.

Much of the missile defense system was supposed to be developed in Europe, but friction with Russia has forced Obama to relocate some of the work on the program.

Retired Army Commander living in Hawai’i inspired ‘Goats’ movie

New Age paranormal techniques applied to war fighting.   Twisted!  The former commander of the psychic warriors unit, code named Project Jedi, lives in Hawai’i.

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http://www3.signonsandiego.com/news/2009/nov/06/clooneys-latest-film-an-out-of-mind-experience/

Clooney’s latest film an out-of-mind experience

Making of Clooney’s latest film was an out-of-body, out-of-mind experience

By Norma Meyer

Friday, November 6, 2009 at midnight

No matter what, George Clooney’s barnyard co-stars would not keel over and play dead.

On location in Puerto Rico, a herd of “fainting goats” had been rounded up for crucial scenes in “The Men Who Stare at Goats,” the fact-based spoof about a U.S. Army unit that sought to master paranormal powers and trained by trying to stop a goat’s heart with a steely gaze. “Fainting goats” seemed made for the part – the breed has a genetic disorder that causes their muscles to freeze and stiffen when startled, and although it’s not painful, the creatures topple over on their sides.

But during a screen test, when animal handlers loudly clapped their hands “the goats just looked at them like they were crazy,” director Grant Heslov recalls. “I did everything I could to scare them and they still didn’t faint.” (Asked to elaborate, he sheepishly replies, “I said, ‘Boo.’ ”)

Regular everyday goats – and movie magic – eventually did the job in “The Men Who Stare at Goats,” which was “inspired by” Jon Ronson’s nonfiction best-seller of the same name and stars Clooney, Ewan McGregor, Jeff Bridges and Kevin Spacey. Ronson’s book chronicles military efforts to harness New Age techniques in order to fight nonlethal wars, and details a post-Vietnam unit of “psychic warriors” whose goals included making themselves invisible, passing through walls and reading enemy thoughts.

Heslov figures “65 percent” of his “Men Who Stare at Goats,” is lifted from the book, with more madcap shenanigans and some hollow-horned escapees thrown in. “All the stuff about the unit is true,” insists Heslov, who was Oscar-nominated with pal Clooney for the screenplay “Good Night, and Good Luck.”

Before shooting began, Heslov met with retired U.S. Army Lt. Col. Jim Channon, a former Vietnam War commander and the brains behind the 1st Earth Battalion (changed in the movie to the New Earth Army).

Channon, who is loosely portrayed by a Dudelike Bridges, embarked on a two-year government-funded fact-finding mission that included naked hot tub encounters and yoga retreats so he could write a military manual in 1978 to help Army “Jedi” soldiers reach a higher spiritual plane. He envisioned a more Zenlike approach to combat, with troops wearing ginseng-equipped uniforms, offering symbolic flowers, cradling baby lambs in hostile territory and greeting enemies with “sparkly eyes.”

“If the ideas were instituted and they worked, we would be a far better world,” Heslov says. “Do I believe it could happen? Probably not. But I’ve got to give the military credit.”

Channon now lives on an “eco-homestead” in Hawaii and describes himself as a “global elder” and “mystic landcrafter” still pursuing creative ways to bring world peace. In a video posted on his Web site, firstearthbattalion.org , he takes the movie’s humor with a grain of salt and asserts that his out-of-the-box thinking for his “mythical battalion” wasn’t absurd.

“If soldiers are telepathic during a firefight, that would be very useful,” Channon explains at one point. He ends the video with his trademark “Go Planet!”

(Channon, an entrepreneur as well as a visionary, offers a 150-page field manual that can be downloaded through his Web site for $14.95. He also offers “First Earth Battalion” souvenir T-shirts and other gear for sale.)

Apparently, the real Army wasn’t eager to revisit this chapter in history. Heslov says the military denied his request to film on any of their bases. And although the director concedes there may be doubters, he can personally attest to the realm of the supernatural.

“Oh, I’ve had out-of-body experiences,” he dryly says, “but they had more to do with smoking too much pot.”

At 46, the Los Angeles-born Heslov has worked in Hollywood since he was a teen on “Joanie Loves Chaci.” His TV credits include acting stints on “The Facts of Life” (which also featured Clooney) and “CSI” (where he played a coroner). He portrayed newsman Don Hewitt in “Good Night, and Good Luck” and produced the movie “Leatherheads” starring Clooney.

He never imagined he’d direct 150 goats.

“Oddly enough the goats were really easy to work with. Because if you have one goat that does what you want, the rest just follow,” Heslov says.

Sure, he tried to spook those “fainting goats,” but he does have a soft spot for critters. In Puerto Rico, Heslov adopted a dachshund – who made its Hollywood debut in a scene where a soldier has a gun to its head – and brought the pup home to live with his family in Los Angeles.

Apparently, the four-legged nonactors were better behaved than the two-legged pros.

“One day, I was off the set for a minute, and when I came back, George, Kevin, Jeff and Ewan were in the midst of a massive rubber band fight. It was crazy. Then I joined in. We’re lucky no one lost an eye,” Heslov says.

He suspects perpetual prankster Clooney started the rubber band rampage. Heslov and Clooney’s company, Smokehouse Pictures, produced “The Men Who Stare at Goats” and the duo go back 28 years, when they met in acting class at the Beverly Hills Playhouse.

In fact, Heslov may be partly responsible for launching his Oscar-winning buddy’s career: “I loaned him $100 so he could get head shots.”

Clooney’s latest character – the out-there New Earth Army operative Lyn Cassady – is a composite of real people from Ronson’s book. And as crackpot as it seems, the general (played by Stephen Lang) who tries to walk through a wall in the opening sequence is supposed to be retired Maj. General Bert Stubblebine, an ardent believer in the paranormal and commanding general of the Army’s Intelligence and Security Command from 1981 to 1984.

Stubblebine now calls himself a “warrior for health and personal freedoms,” according to his Web site.

Like the book, the movie shows psychological methods, such as blasting peaceful music to calm enemies, that have been used in a darker way. For example, Iraqi POWs were bombarded with the theme song for Barney the Purple Dinosaur as a means of torture.

But Heslov says his film is intended to get laughs, not push a political agenda. Still, with all the global violence and the wars in Afghanistan and Iraq, he acknowledges his satire has plenty of food for thought.

“Through comedy, he says, “you can do more to get a message across than you can in other ways.”

Bamford reviews new book about the NSA: The Secret Sentry: The Untold History of the National Security Agency

Under the pineapple fields of Wahiawa, a massive new spy facility is being built to house the NSA signals intelligence center (to replace its aging Kunia facility), the Navy Commuications Master Center and other intelligence gathering entities.   James Bamford, author of the Puzzle Palace and other books on the NSA reviews a new book about the NSA:  The Secret Sentry: The Untold History of the National Security Agency by Matthew M. Aid.

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http://www.nybooks.com/articles/23231

Volume 56, Number 17 · November 5, 2009

Who’s in Big Brother’s Database?

By James Bamford

The Secret Sentry: The Untold History of the National Security Agency

by Matthew M. Aid

Bloomsbury, 423 pp., $30.00

On a remote edge of Utah’s dry and arid high desert, where temperatures often zoom past 100 degrees, hard-hatted construction workers with top-secret clearances are preparing to build what may become America’s equivalent of Jorge Luis Borges’s “Library of Babel,” a place where the collection of information is both infinite and at the same time monstrous, where the entire world’s knowledge is stored, but not a single word is understood. At a million square feet, the mammoth $2 billion structure will be one-third larger than the US Capitol and will use the same amount of energy as every house in Salt Lake City combined.

Unlike Borges’s “labyrinth of letters,” this library expects few visitors. It’s being built by the ultra-secret National Security Agency—which is primarily responsible for “signals intelligence,” the collection and analysis of various forms of communication—to house trillions of phone calls, e-mail messages, and data trails: Web searches, parking receipts, bookstore visits, and other digital “pocket litter.” Lacking adequate space and power at its city-sized Fort Meade, Maryland, headquarters, the NSA is also completing work on another data archive, this one in San Antonio, Texas, which will be nearly the size of the Alamodome.

Just how much information will be stored in these windowless cybertemples? A clue comes from a recent report prepared by the MITRE Corporation, a Pentagon think tank. “As the sensors associated with the various surveillance missions improve,” says the report, referring to a variety of technical collection methods, “the data volumes are increasing with a projection that sensor data volume could potentially increase to the level of Yottabytes (1024 Bytes) by 2015.”[1] Roughly equal to about a septillion (1,000,000,000,000,000,000,000,000) pages of text, numbers beyond Yottabytes haven’t yet been named. Once vacuumed up and stored in these near-infinite “libraries,” the data are then analyzed by powerful infoweapons, supercomputers running complex algorithmic programs, to determine who among us may be—or may one day become—a terrorist. In the NSA’s world of automated surveillance on steroids, every bit has a history and every keystroke tells a story.

In the near decade since September 11, the tectonic plates beneath the American intelligence community have undergone a seismic shift, knocking the director of the CIA from the top of the organizational chart and replacing him with the new director of national intelligence, a desk-bound espiocrat with a lar0ge staff but little else. Not only surviving the earthquake but emerging as the most powerful chief the spy world has ever known was the director of the NSA. He is in charge of an organization three times the size of the CIA and empowered in 2008 by Congress to spy on Americans to an unprecedented degree, despite public criticism of the Bush administration’s use of the agency to conduct warrantless domestic surveillance as part of the “war on terror.” The legislation also largely freed him of the nettlesome Foreign Intelligence Surveillance Court (FISA). And in another significant move, he was recently named to head the new Cyber Command, which also places him in charge of the nation’s growing force of cyber warriors.

Wasting no time, the agency has launched a building boom, doubling the size of its headquarters, expanding its listening posts, and constructing enormous data factories. One clue to the possible purpose of the highly secret megacenters comes from the agency’s British partner, Government Communications Headquarters. Last year, the British government proposed the creation of an enormous government-run central database to store details on every phone call, e-mail, and Internet search made in the United Kingdom. Click a “send” key or push an “answer” button and the details of the communication end up, perhaps forever, in the government’s data warehouse to be scrutinized and analyzed.

But when the plans were released by the UK government, there was an immediate outcry from both the press and the public, leading to the scrapping of the “big brother database,” as it was called. In its place, however, the government came up with a new plan. Instead of one vast, centralized database, the telecom companies and Internet service providers would be required to maintain records of all details about people’s phone, e-mail, and Web-browsing habits for a year and to permit the government access to them when asked. That has led again to public anger and to a protest by the London Internet Exchange, which represents more than 330 telecommunications firms. “We view…the volume of data the government now proposes [we] should collect and retain will be unprecedented, as is the overall level of intrusion into the privacy of citizenry,” the group said in August.[2]

Unlike the British government, which, to its great credit, allowed public debate on the idea of a central data bank, the NSA obtained the full cooperation of much of the American telecom industry in utmost secrecy after September 11. For example, the agency built secret rooms in AT&T’s major switching facilities where duplicate copies of all data are diverted, screened for key names and words by computers, and then transmitted on to the agency for analysis. Thus, these new centers in Utah, Texas, and possibly elsewhere will likely become the centralized repositories for the data intercepted by the NSA in America’s version of the “big brother database” rejected by the British.

Matthew M. Aid has been after the NSA’s secrets for a very long time. As a sergeant and Russian linguist in the NSA’s Air Force branch, he was arrested and convicted in a court-martial, thrown into prison, and slapped with a bad conduct discharge for impersonating an officer and making off with a stash of NSA documents stamped Top Secret Codeword. He now prefers to obtain the NSA’s secrets legally, through the front door of the National Archives. The result is The Secret Sentry: The Untold History of the National Security Agency , a footnote-heavy history told largely through declassified but heavily redacted NSA reports that have been slowly trickling out of the agency over the years. They are most informative in the World War II period but quickly taper off in substance during the cold war.

Aid begins his study on the eve of Pearl Harbor, a time when the entire American cryptologic force could fit into a small, half-empty community theater. But by war’s end, it would take a football stadium to seat the 37,000 military and civilian “crippies.” On August 14, 1945, as the ink dried on Japan’s instruments of surrender, the linguists and codebreakers manning the thirty-seven key listening posts around the world were reading more than three hundred diplomatic code and cipher systems belonging to sixty countries. “The American signals intelligence empire stood at the zenith of its power and prestige,” notes Aid. But within days, the cryptanalysts put away their well-sharpened pencils and the intercept operators hung up their earphones. By the end of December 1945, America’s crypto world had shrunk to 7,500 men and women.

Despite the drastic layoffs, the small cadre of US and British codebreakers excelled against the new “main enemy,” as Russia became known. The joint US-British effort deciphered tens of thousands of Russian army and navy messages during the mid-to-late 1940s. But on October 29, 1948, as President Truman was about to deliver a campaign speech in New York, the party was over. In what became known within the crypto world as “Black Friday,” the Russian government and military flipped a switch and instantly converted to new, virtually unbreakable encryption systems and from vulnerable radio signals to buried cables. In the war between spies and machines, the spies won. The Soviets had managed to recruit William Weisband, a forty-year-old Russian linguist working for the US Army, who informed them of key cryptologic weaknesses the Americans were successfully exploiting. It was a blow from which the codebreakers would never recover. NSA historians called it “perhaps the most significant intelligence loss in US history.”

In the 1970s, when some modest gains were made in penetrating the Russian systems, history would repeat itself and another American turncoat, this time Ronald Pelton, would again give away the US secrets. Since then, it has largely been a codemaker’s market not only with regard to high-level Russian ciphers, but also those of other key countries, such as China and North Korea. On the other hand, the NSA has made significant progress against less cryptologically sophisticated countries and, from them, gained insight into plans and intentions of countries about which the US has greater concerns. Thus, when a Chinese diplomat at the United Nations discusses some new African venture with a colleague from Sudan, the eavesdroppers at the NSA may be deaf to the Chinese communications links but they may be able to get that same information by exploiting weaknesses in Sudan’s communications and cipher systems when the diplomat reports the meeting to Khartoum. But even third-world cryptography can be daunting. During the entire war in Vietnam, writes Aid, the agency was never able to break the high-level encryption systems of either the North Vietnamese or the Vietcong. It is a revelation that leads him to conclude “that everything we thought we knew about the role of NSA in the Vietnam War needs to be reconsidered.”

Because the book is structured chronologically, it is somewhat difficult to decipher the agency’s overall record. But one sees troubling trends. One weakness that seems to recur is that the agency, set up in the wake of World War II to prevent another surprise attack, is itself frequently surprised by attacks and other serious threats. In the 1950s, as over 100,000 heavily armed North Korean troops surged across the 38th parallel into South Korea, the codebreakers were among the last to know. “The North Korean target was ignored,” says a declassified NSA report quoted by Aid. “North Korea got lost in the shuffle and nobody told us that they were interested in what was going on north of the 38th parallel,” exclaimed one intelligence officer. At the time, astonishingly, the Armed Forces Security Agency (AFSA), the NSA’s predecessor, didn’t even have a Korean-language dictionary.

Unfortunately for General Douglas MacArthur, the codebreakers were able to read the communications of Spain’s ambassador to Tokyo and other diplomats, who noted that in their discussions with the general, he made clear his secret hope for all-out war with China and Russia, including the use of nuclear weapons if necessary. In a rare instance of secret NSA intercepts playing a major part in US politics, once the messages were shown to President Truman, MacArthur’s career abruptly ended.

Another major surprise came in the 1960s when the Soviet Union was able to move large numbers of personnel, large amounts of equipment, and many ballistic missiles to Cuba without the NSA hearing a peep. Still unable to break into the high-level Soviet cipher systems, the agency was unaware that the 51st Rocket Division had packed up and was encamped in Cuba. Nor did it detect the move of five complete medium-range and intermediate-range missile regiments from their Russian bases to Cuba. And it had no knowledge that Russian ballistic missiles were on Cuban soil, being positioned in launchers. “Soviet communications security was almost perfect,” according to an NSA historian.

The first clues that something unusual was happening had come in mid-July 1962, when NSA analysts noticed record numbers of Soviet cargo and passenger ships heading for Cuba. Analysis of their unencrypted shipping manifests led the NSA to suspect that the ships were delivering weapons. But the nuclear-armed ballistic missiles were not detected until mid-October, a month after their arrival, and not by the NSA; it was the CIA, acting on information from its sources in Cuba and Florida, that ordered the U-2 reconnaisance flight that photographed them at launch sites on the island. “The crisis,” Aid concludes, “was in fact anything but an intelligence success story.” This is a view shared by the agency itself in a candid internal history, which noted that the harrowing events “marked the most significant failure of SIGINT [signals intelligence] to warn national leaders since World War II.”

More recently, the NSA was unaware of India’s impending nuclear test in 1998, the 1993 attack on the World Trade Center, the attack on the USS Cole in 2000, and the 1998 bombing of two of America’s East African embassies. The agency first learned of the September 11 attacks on $300 television sets tuned to CNN, not its billion-dollar eavesdropping satellites tuned to al-Qaeda.

Then there is the pattern by which the NSA was actually right about a warning, but those in power chose to ignore it. During the Korean War, the AFSA picked up numerous indications from low-level unencrypted Chinese intercepts that the Chinese were shifting hundreds of thousands of combat troops to Manchuria by rail, an obvious signal that China might enter the war. But those in charge of Army intelligence simply refused to believe it; it didn’t fit in with their plans.

Then, by reading the dispatches between India’s well-connected ambassador to Beijing and his Foreign Office, it became clear that China would intervene if UN forces crossed the 38th parallel into North Korea. But again, says Aid, the warning “was either discounted or ignored completely by policymakers in Washington,” and as the UN troops began crossing the divide, Chinese troops crossed the Yalu River into North Korea. Even when intercepts indicated that the Chinese were well entrenched in the North, officials in Washington and Seoul remained in a state of disbelief, until both South Korean and US forces there were attacked by the Chinese forces.

The pattern was repeated in Vietnam when NSA reporting warned on January 25, 1968, that a major coordinated attack would occur “in the near future in several areas of South Vietnam.” But neither the White House, the CIA, nor General William Westmoreland at US military headquarters in Saigon believed it, until over 100,000 North Vietnamese and Vietcong troops launched their Tet offensive in the South five days later on January 30. “The [NSA] reports failed to shake the commands in Washington and Saigon from their perception,” says an NSA history. Tragically, Aid notes, at the end of the war, all of the heroic Vietnamese cryptologic personnel who greatly helped the NSA were left behind. “Many,” the NSA report reveals, “undoubtedly perished.” It added, “Their story is yet untold.” Then again in 1973, as in Korea and Vietnam, the NSA warned that Egypt and Syria were planning “a major offensive” against Israel. But, as Aid quotes an official NSA history, the CIA refused to believe that an attack was imminent “because [they thought] the Arabs wouldn’t be ‘stupid enough’ to attack Israel.” They were, they did, and they won.

Everything seemed to go right for the NSA during the Soviet invasion of Afghanistan, which the agency had accurately forecast. “NSA predicted on December 22 [1979], three full days before the first Soviet troops crossed the Soviet–Afghan border, that the Russians would invade Afghanistan within the next seventy-two hours,” writes Aid, adding, “Afghanistan may have been the ‘high water mark’ for NSA.”

The agency also recorded the words of the Russian fighter pilot and his ground controllers as he shot down Korean Airlines Flight 007 in 1983. Although the agency knew that the Russians had accidently mistaken the plane for a potentially hostile US military aircraft, the Reagan administration nevertheless deliberately spun the intercepts to make it seem that the fighter pilot knew all along that it was a passenger jet, infuriating NSA officials. “The White House’s selective release of the most salacious of the NSA material concerning the shootdown set off a firestorm of criticism inside NSA,” writes Aid. It was not the first time, nor would it be the last, that the NSA’s product was used for political purposes.

The most troubling pattern, however, is that the NSA, through gross incompetence, bad intelligence, or deliberate deception through the selective release of information, has helped to push the US into tragic wars. A prime example took place in 1964 when the Johnson administration claimed that two US Navy destroyers in the Gulf of Tonkin, one on an eavesdropping mission for the NSA, were twice attacked by North Vietnamese torpedo boats. Those attacks were then used to justify the escalation of American involvement in the Vietnam War. But Aid cites a top-secret NSA analysis of the incident, completed in 2000, which concluded that the second attack, the one used to justify the war, never took place. Instead, NSA officials deliberately withheld 90 percent of the intelligence on the attacks and told the White House only what it wanted to hear. According to the analysis, only intelligence “that supported the claim that the communists had attacked the two destroyers was given to administration officials.”

Not having learned its lesson, in the lead-up to the war in Iraq the NSA again told the administration only what it wanted to hear, despite the clearly ambiguous nature of the evidence. For years beforehand, the agency’s coverage of Iraq was disastrous. In the late 1990s, the Iraqis began shifting much of their high-level military communications from radio to buried fiber optic networks, and at the same time, Saddam Hussein banned the use of cell phones. That left only occasional low-level troop communications. According to a later review, Aid writes, NSA had “virtually no useful signals intelligence on a target that was one of the United States’ top intelligence priorities.” And the little intelligence it did have pointed away from Iraq possessing weapons of mass destruction. “We looked long and hard for any signs,” said one retired NSA official. “We just never found a ‘smoking gun’ that Saddam was trying to build nukes or anything else.” That, however, did not prevent the NSA director, Lieutenant Gen. Michael V. Hayden, from stamping his approval on the CIA’s 2002 National Intelligence Estimate arguing that Iraq’s WMDs posed a grave danger, which helped prepare the way for the devastating war.

While much of the terrain Aid covers has been explored before, the most original areas in The Secret Sentry deal with the ground wars in Afghanistan and Iraq, where the NSA was forced to marry, largely unsuccessfully, its super-high-tech strategic capabilities in space with its tactical forces on the ground. Before the September 11 attacks, the agency’s coverage of Afghanistan was even worse than that of Iraq. At the start of the war, the NSA’s principal listening post for the region did not have a single linguist proficient in Pashto or Dari, Afghanistan’s two principal languages. Agency recruiters descended on Fremont, California, home of the country’s largest population of Afghan expatriates, to build up a cadre of translators—only to have most candidates rejected by the agency’s overparanoid security experts. On the plus side, because of the collapse of the Taliban regime’s rudimentary communications system, its leaders were forced to communicate only by satellite phones, which were very susceptible to NSA monitoring.

Other NSA tactical teams, Aid explains, collaborated on the ground with Special Forces units, including in the mountains of Tora Bora. But it was a new type of war, one the NSA was not prepared for, and both Osama bin Laden and Taliban leader Mullah Omar easily slipped through its electronic net. Eight years later, despite billions of dollars spent by the agency and dozens of tapes released by bin Laden, the NSA is no closer to capturing him or Mullah Omar than it was at Tora Bora in 2001.

Disappointingly, the weakest section of the book, mostly summaries of old news clips, deals with what may be the most important subject: the NSA’s warrantless eavesdropping and its targeting of American communications. There is no discussion, for example, of the agency’s huge data-mining centers, mentioned above, currently being built in Utah and Texas, or to what extent the agency, which has long been confined to foreign and international communications, is now engaged in domestic eavesdropping.

It is a key question and we have no precise answer. By installing its intercept rooms in such locations as AT&T’s main switching station in downtown San Francisco, the agency has physical access to domestic as well as international communications. Thus it is possible that the agency scans all the e-mail of both and it may also eavesdrop on the telephone calls of both for targets on its ever-growing watch lists. According to a recent Justice Department report, “As of December 31, 2008, the consolidated terrorist watchlist contained more than 1.1 million known or suspected terrorist identities.”[3]

Aid’s history becomes thin as it gets closer to the present day and the archival documents dwindle, especially since he has no substantial first-person, on-the-record interviews. Beyond a brief mention, he also leaves other important aspects of the NSA’s history unaddressed, including the tumultuous years in the mid-1970s when it was investigated by the Senate’s Church Committee for decades of illegal spying; Trailblazer, the nearly decade-long failure to modernize the agency; and the NSA’s increasingly important role in cyberwarfare and its implications in future wars.

Where does all this leave us? Aid concludes that the biggest problem facing the agency is not the fact that it’s drowning in untranslated, indecipherable, and mostly unusable data, problems that the troubled new modernization plan, Turbulence, is supposed to eventually fix. “These problems may, in fact, be the tip of the iceberg,” he writes. Instead, what the agency needs most, Aid says, is more power. But the type of power to which he is referring is the kind that comes from electrical substations, not statutes. “As strange as it may sound,” he writes, “one of the most urgent problems facing NSA is a severe shortage of electrical power.” With supercomputers measured by the acre and estimated $70 million annual electricity bills for its headquarters, the agency has begun browning out, which is the reason for locating its new data centers in Utah and Texas. And as it pleads for more money to construct newer and bigger power generators, Aid notes, Congress is balking.

The issue is critical because at the NSA, electrical power is political power. In its top-secret world, the coin of the realm is the kilowatt. More electrical power ensures bigger data centers. Bigger data centers, in turn, generate a need for more access to phone calls and e-mail and, conversely, less privacy. The more data that comes in, the more reports flow out. And the more reports that flow out, the more political power for the agency.

Rather than give the NSA more money for more power—electrical and political—some have instead suggested just pulling the plug. “NSA can point to things they have obtained that have been useful,” Aid quotes former senior State Department official Herbert Levin, a longtime customer of the agency, “but whether they’re worth the billions that are spent, is a genuine question in my mind.”

Based on the NSA’s history of often being on the wrong end of a surprise and a tendency to mistakenly get the country into, rather than out of, wars, it seems to have a rather disastrous cost-benefit ratio. Were it a corporation, it would likely have gone belly-up years ago. The September 11 attacks are a case in point. For more than a year and a half the NSA was eavesdropping on two of the lead hijackers, knowing they had been sent by bin Laden, while they were in the US preparing for the attacks. The terrorists even chose as their command center a motel in Laurel, Maryland, almost within eyesight of the director’s office. Yet the agency never once sought an easy-to-obtain FISA warrant to pinpoint their locations, or even informed the CIA or FBI of their presence.

But pulling the plug, or even allowing the lights to dim, seems unlikely given President Obama’s hawkish policies in Afghanistan. However, if the war there turns out to be the train wreck many predict, then Obama may decide to take a much closer look at the spy world’s most lavish spender. It is a prospect that has some in the Library of Babel very nervous. “It was a great ride while it lasted,” said one.

Notes

[1]The MITRE Corporation, “Data Analysis Challenges” (December 2008), p. 13.

[2]David Leppard, “Internet Firms Resist Ministers’ Plan to Spy on Every E-mail,” The Sunday Times , August 2, 2009.

[3]”The Federal Bureau of Investigation’s Terrorist Watchlist Nomination Practices,” US Department of Justice, Office of the Inspector General, Audit Division, Audit Report 09-25, May 2009.

F.B.I. rules allow greater surveillance, spying, and racial profiling

http://www.nytimes.com/2009/10/29/us/29manual.html?_r=1&th=&adxnnl=1&emc=th&pagewanted=all&adxnnlx=1256811449-zYrgidPidGueUZgJ5P7iMg

Loosening of F.B.I. Rules Stirs Privacy Concerns

Published: October 28, 2009

WASHINGTON — After a Somali-American teenager from Minneapolis committed a suicide bombing in Africa in October 2008, the Federal Bureau of Investigation began investigating whether a Somali Islamist group had recruited him on United States soil.

Instead of collecting information only on people about whom they had a tip or links to the teenager, agents fanned out to scrutinize Somali communities, including in Seattle and Columbus, Ohio. The operation unfolded as the Bush administration was relaxing some domestic intelligence-gathering rules.

The F.B.I.’s interpretation of those rules was recently made public when it released, in response to a Freedom of Information lawsuit, its “Domestic Investigations and Operations Guide.” The disclosure of the manual has opened the widest window yet onto how agents have been given greater power in the post-Sept. 11 era.  [Read the F.B.I. Operations Manual.]

In seeking the revised rules, the bureau said it needed greater flexibility to hunt for would-be terrorists inside the United States. But the manual’s details have alarmed privacy advocates.

One section lays out a low threshold to start investigating a person or group as a potential security threat. Another allows agents to use ethnicity or religion as a factor — as long as it is not the only one — when selecting subjects for scrutiny.

“It raises fundamental questions about whether a domestic intelligence agency can protect civil liberties if they feel they have a right to collect broad personal information about people they don’t even suspect of wrongdoing,” said Mike German, a former F.B.I. agent who now works for the American Civil Liberties Union.

But Valerie Caproni, the F.B.I.’s general counsel, said the bureau has adequate safeguards to protect civil liberties as it looks for people who could pose a threat.

“Those who say the F.B.I. should not collect information on a person or group unless there is a specific reason to suspect that the target is up to no good seriously miss the mark,” Ms. Caproni said. “The F.B.I. has been told that we need to determine who poses a threat to the national security — not simply to investigate persons who have come onto our radar screen.”

The manual authorizes agents to open an “assessment” to “proactively” seek information about whether people or organizations are involved in national security threats.

Agents may begin such assessments against a target without a particular factual justification. The basis for such an inquiry “cannot be arbitrary or groundless speculation,” the manual says, but the standard is “difficult to define.”

Assessments permit agents to use potentially intrusive techniques, like sending confidential informants to infiltrate organizations and following and photographing targets in public.

F.B.I. agents previously had similar powers when looking for potential criminal activity. But until the recent changes, greater justification was required to use the powers in national security investigations because they receive less judicial oversight.

If agents turn up something specific to suggest wrongdoing, they can begin a “preliminary” or “full” investigation and use additional techniques, like wiretapping. But even if agents find nothing, the personal information they collect during assessments can be retained in F.B.I. databases, the manual says.

When selecting targets, agents are permitted to consider political speech or religion as one criterion. The manual tells agents not to engage in racial profiling, but it authorizes them to take into account “specific and relevant ethnic behavior” and to “identify locations of concentrated ethnic communities.”

Farhana Khera, president of Muslim Advocates, said the F.B.I. was harassing Muslim-Americans by singling them out for scrutiny. Her group was among those that sued the bureau to release the manual.

“We have seen even in recent months the revelation of the F.B.I. going into mosques — not where they have a specific reason to believe there is criminal activity, but as ‘agent provocateurs’ who are trying to incite young individuals to join a purported terror plot,” Ms. Khera said. “We think the F.B.I. should be focused on following actual leads rather than putting entire communities under the microscope.”

Ms. Caproni, the F.B.I. lawyer, denied that the bureau engages in racial profiling. She cited the search for signs of the Somali group, Al Shabaab, linked to the Minneapolis teenager to illustrate why the manual allows agents to consider ethnicity when deciding where to look. In that case, the bureau worried that other such teenagers might return from Somalia to carry out domestic operations.

Agents are trained to ignore ethnicity when looking for groups that have no ethnic tie, like environmental extremists, she said, but “if you are looking for Al Shabaab, you are looking for Somalis.”

Among the manual’s safeguards, agents must use the “least intrusive investigative method that effectively accomplishes the operational objective.” When infiltrating an organization, agents cannot sabotage its “legitimate social or political agenda,” nor lead it “into criminal activity that otherwise probably would not have occurred.”

Portions of the manual were redacted, including pages about “undisclosed participation” in an organization’s activities by agents or informants, “requesting information without revealing F.B.I. affiliation or the true purpose of a request,” and using “ethnic/racial demographics.”

The attorney general guidelines for F.B.I. operations date back to 1976, when a Congressional investigation by the so-called Church Committee uncovered decades of illegal domestic spying by the bureau on groups perceived to be subversive — including civil rights, women’s rights and antiwar groups — under the bureau’s longtime former director, J. Edgar Hoover, who died in 1972.

The Church Committee proposed that rules for the F.B.I.’s domestic security investigations be written into federal law. To forestall legislation, the attorney general in the Ford administration, Edward Levi, issued his own guidelines that established such limits internally.

Since then, administrations of both parties have repeatedly adjusted the guidelines.

In September 2008, Attorney General Michael B. Mukasey signed the new F.B.I. guidelines that expanded changes begun under his predecessor, John Ashcroft, after the Sept. 11 attacks. The guidelines went into effect and the F.B.I. completed the manual putting them into place last December.

There are no signs that the current attorney general, Eric H. Holder Jr., plans to roll back the changes. A spokeswoman said Mr. Holder was monitoring them “to see how well they work” and would make refinements if necessary.

The F.B.I., however, is revising the manual. Ms. Caproni said she was taking part in weekly high-level meetings to evaluate suggestions from agents and expected about 20 changes.

Many proposals have been requests for greater flexibility. For example, some agents said requirements that they record in F.B.I. computers every assessment, no matter how minor, were too time consuming. But Ms. Caproni said the rule aided oversight and would not be changed.

She also said that the F.B.I. takes seriously its duty to protect freedom while preventing terrorist attacks. “I don’t like to think of us as a spy agency because that makes me really nervous,” she said. “We don’t want to live in an environment where people in the United States think the government is spying on them. That’s an oppressive environment to live in and we don’t want to live that way.”

What the public should understand, she continued, is that the F.B.I. is seeking to become a more intelligence-driven agency that can figure out how best to deploy its agents to get ahead of potential threats.

“And to do that,” she said, “you need information.”

‘Twitter Terrorists’?

http://www.wired.com/dangerroom/2008/10/terrorist-cell

Spy Fears: Twitter Terrorists, Cell Phone Jihadists

By Noah Shachtman October 24, 2008

Could Twitter become terrorists’ newest killer app? A draft Army intelligence report, making its way through spy circles, thinks the miniature messaging software could be used as an effective tool for coordinating militant attacks.

For years, American analysts have been concerned that militants would take advantage of commercial hardware and software to help plan and carry out their strikes. Everything from online games to remote-controlled toys to social network sites to garage door openers has been fingered as possible tools for mayhem.

This recent presentation – put together on the Army’s 304th Military Intelligence Battalion and found on the Federation of the American Scientists website – focuses on some of the newer applications for mobile phones: digital maps, GPS locators, photo swappers, and Twitter mash-ups of it all.

The report is roughly divided into two halves. The first is based mostly on chatter from Al-Qaeda-affiliated online forums. One Islamic extremist site discusses, for example, the benefits of “using a mobile phone camera to monitor the enemy and its mechanisms.” Another focuses on the benefits of the Nokia 6210 Navigator, and how its GPS utilities could be used for “marksmanship, border crossings, and in concealment of supplies.” Such software could allow jihadists to pick their way across multiple routes, identifying terrain features as they go. A third extremist forum recommends the installation of voice-modification software to conceal one’s identity when making calls. Excerpts from a fourth site show cell phone wallpapers that wannabe jihadists can use to express their affinity for radicalism:

cell_wallpaper_isi

Then the presentation launches into an even-more theoretical discussion of how militants might pair some of these mobile applications with Twitter, to magnify their impact. After all, “Twitter was recently used as a countersurveillance, command and control, and movement tool by activists at the Republican National Convention,” the report notes.”The activists would Tweet each other and their Twitter pages to add information on what was happening with Law Enforcement near real time.”

Terrorists haven’t done anything similar, the Army report concedes – although it does note that there are “multiple pro and anti Hezbollah Tweets.” Instead, the presentation lays out three possible scenarios in which Twitter could become a militant’s friend:

Scenario 1: Terrorist operative “A” uses Twitter with… a cell phone camera/video function to send back messages, and to receive messages, from the rest of his [group]… Other members of his [group] receive near real time updates (similar to the movement updates that were sent by activists at the RNC) on how, where, and the number of troops that are moving in order to conduct an ambush.

Scenario 2: Terrorist operative “A” has a mobile phone for Tweet messaging and for taking images. Operative “A” also has a separate mobile phone that is actually an explosive device and/or a suicide vest for remote detonation. Terrorist operative “B” has the detonator and a mobile to view “A’s” Tweets and images. This may allow “B” to select the precise moment of remote detonation based on near real time movement and imagery that is being sent by “A.”

Scenario 3:
Cyber Terrorist operative “A” finds U.S. [soldier] Smith’s Twitter account. Operative “A” joins Smith’s Tweets and begins to elicit information from Smith. This information is then used for… identity theft, hacking, and/or physical [attacks]. This scenario… has already been discussed for other social networking sites, such as My Space and/or Face Book.

Steven Aftergood, a veteran intelligence analyst at the Federation of the American Scientists, doesn’t dismiss the Army presentation out of hand. But nor does he think it’s tackling a terribly seriously threat. “Red-teaming exercises to anticipate adversary operations are fundamental. But they need to be informed by a sense of what’s realistic and important and what’s not,” he tells Danger Room. “If we have time to worry about ‘Twitter threats’ then we’re in good shape. I mean, it’s important to keep some sense of proportion.”

When Tweeting is a crime

http://rawstory.com/2009/10/g20-protester-arrested-for-twitter/

ACLU: Arrest of G20 Twitterer part of ‘war on demonstrators’

By David Edwards and Stephen Webster
Monday, October 5th, 2009 — 7:45 pm

When the FBI staged a terror raid on the New York home of 41-year-old Elliot Madison, they were not looking for weapons of war, deadly chemicals or the keys to unlocking a nefarious terror plot. Instead, they came looking for books, files, data, film and something called the “instruments of crime.”

According to officials, the search was instigated after Madison was found in a Pennsylvania hotel room on Sept. 24, listening to police actions during Pittsburgh’s G20 summit, then Tweeting to protesters seeking to avoid authorities.

Vic Walczak, legal director for the Pennsylvania ACLU, sees the FBI’s action as pure “intimidation,” and part of a “much bigger war on demonstrators” in Pittsburgh.

He made the remarks during a Monday interview on CNN’s Newsroom.

“What you have here is folks who are charged with hindering apprehension of people who were engaging in criminal activities,” he said. “The criminals identified in the warrant are protesters against the G20. Their crime? They were demonstrating in the street without a permit.”

Madison, who has widely been described as an “anarchist” by media parroting FBI claims, is a social worker in New York who holds two masters degrees from the University of Wisconsin.

Walczak continued: “The police said, ‘Get out of here,’ and apparently they did. Somebody was trying to help them not go where the police are. Instead of saying ‘thank you, you’re helping these folks disperse,’ they now get charged with what is really a felony.”

In other words: “Be careful what you twit for, because your 140 characters could land you in the slammer,” quipped Andrew Belonsky at Vallywag.

“Though the FBI says so, it’s not entirely clear from the complaint that Madison’s tweets were actually illegal,” noted Ars Technica. “Madison’s lawyer told the New York Times on Saturday that he and a friend were merely ‘part of a communications network among people protesting the G-20.’ As implied through the Times piece, Madison’s tweets merely directed protesters as to where the police were at any given time and to stay alert. ‘There’s absolutely nothing that he’s done that should subject him to any criminal liability.'”

Eileen Clancy with I-Witness Video added: “There are myriad examples of governments in other countries cracking down on activists who share information on the Internet. After Moldova’s short-lived ‘Twitter revolution,’ journalist Natalia Morar was charged with organizing an anti-Communist flashmob and spent three weeks under house arrest. In Guatemala a man was charged with advising in a Tweet that people should take their money out of a corrupt government bank. According to Hadi Ghaemi, who runs the International Campaign for Human Rights in Iran, many people have been arrested for Internet activity in Iran.”

“This is the first time we’ve heard of charges like this against people who are using Twitter […]” said Walczak. “If this happened in Iran or China, where we know Twitter has been widespread because people in this country have been relying on it to find out what’s going on. If it was used there, we’d be crying foul, we’d be calling it a human rights violation. And when the same thing happens in this country, all of the sudden it’s a crime. There’s a real problem here.”

Copies of the search warrant and Madison’s lawyer’s motion for return of seized property were posted to the Internet by the Electronic Frontiers Foundation, available here.

This video is from CNN’s Newsroom, broadcast Oct. 5, 2009.

+++

http://www.nytimes.com/2009/10/05/nyregion/05txt.html?_r=1

Arrest Puts Focus on Protesters’ Texting

By COLIN MOYNIHAN
Published: October 5, 2009

As demonstrations have evolved with the help of text messages and online social networks, so too has the response of law enforcement.

On Thursday, F.B.I. agents descended on a house in Jackson Heights, Queens, and spent 16 hours searching it. The most likely reason for the raid: a man who lived there had helped coordinate communications among protesters at the Group of 20 summit in Pittsburgh.

The man, Elliot Madison, 41, a social worker who has described himself as an anarchist, had been arrested in Pittsburgh on Sept. 24 and charged with hindering apprehension or prosecution, criminal use of a communication facility and possession of instruments of crime. The Pennsylvania State Police said he was found in a hotel room with computers and police scanners while using the social-networking site Twitter to spread information about police movements. He has denied wrongdoing.

American protesters first made widespread use of mass text messages in New York, during the 2004 Republican National Convention, when hundreds of people used a system called TXTmob to share information. Messages, sent as events unfolded, allowed demonstrators and others to react quickly to word of arrests, police mobilizations and roving rallies. Mass texting has since become a valued tool among protesters, particularly at large-scale demonstrations.

And police and government officials appear to be increasingly aware of such methods of communication. In 2008, for instance, the New York City Law Department issued a subpoena seeking information from the graduate student who created the code for TXTmob. Still, Mr. Madison, who was released on bail shortly after his arrest, may be among the first to be charged criminally while sending information electronically to protesters about the police.

A criminal complaint in Pennsylvania accuses him of “directing others, specifically protesters of the G-20 summit, in order to avoid apprehension after a lawful order to disperse.”

“He and a friend were part of a communications network among people protesting the G-20,” Mr. Madison’s lawyer, Martin Stolar, said on Saturday. “There’s absolutely nothing that he’s done that should subject him to any criminal liability.”

A search warrant executed by the F.B.I. at Mr. Madison’s house authorized agents and officers looking for violations of federal rioting laws to seize computers and phones, black masks and clothes and financial records and address books. Among the items seized, according to a list prepared by the agents, were electronic equipment, newspapers, books and gas masks. The items also included what was described as a picture of Lenin.

Since the raid, no other charges have been filed against Mr. Madison. On Friday, Mr. Stolar argued in Federal District Court in Brooklyn that the warrant was vague and overly broad. Judge Dora L. Irizarry ordered the authorities to stop examining the seized materials until Oct. 16, pending further orders.

Mr. Stolar said that the reason for the Jackson Heights raid would not be clear until an affidavit used to secure the search warrant was unsealed. But he said that commentary among agents indicated that it was related to Mr. Madison’s arrest in Pittsburgh, where he participated in the Tin Can Comms Collective, a group of people who collected information and used Twitter to send mass text messages describing protest-related events that they observed on the streets.

There were many such events during the two days of the summit. Demonstrators marched through town on the opening day of the gathering, at times breaking windows and fleeing. And on both nights, police officers fired projectiles and hurled tear gas canisters at students milling near the University of Pittsburgh.

After Mr. Madison’s arrest, other Tin Can participants continued to send messages, now archived on Twitter’s Web site. Many of those messages tracked police movements. One read: “SWAT teams rolling down 5th Ave.” Another read: “Report received that police are ‘nabbing’ anyone that looks like a protester / Black Bloc. Stay alert watch your friends!”

But even as protesters were watching the police, it appeared that the police were monitoring the protesters’ communications.

Just after 1 p.m. on Sept. 24, a text message stated: “A comms facility was raided, but we are still fully operational please continue to submit reports.” Nine hours later, a text read: “Scanner just said be advised we’re being monitored by anarchists through scanner.”

On Sunday night Mr. Madison said that the search of his home was an effort to “stifle dissent,” and added that several groups in Pittsburgh, including the summit organizers, had used Twitter accounts to describe events related to the meetings.

“They arrested me for doing the same thing everybody else was doing, which was perfectly legal,” he said. “It was crucial for people to have the information we were sending.”

Police to get access to classified military intelligence

http://snipurl.com/rxe5k [Raw Story]

Police to get access to classified military intelligence

BY JOHN BYRNE

September 16, 2009

In a move raising eyebrows among civil liberties advocates, the Department of Homeland Security announced Monday that it would give so-called local and state “fusion centers” access to classified military intelligence in Pentagon databases.

Fusion centers are hubs for local law enforcement, the private sector and the intelligence community, and were created in an effort to fight terrorism. There are more than seventy known centers across the United States.

The decision to give fusion centers access to classified intelligence appears to a shift in policy by Homeland Security. In July, Secretary Janet Napolitano “that fusion centers were not intended to have a military presence, and that she was not aware of ones that did,” according to the New York Times.

The centers have been a flashpoint of criticism from civil liberties groups. The American Civil Liberties Union, in particular, has been a vehement critic.

“As fusion centers gain more and more access to Americans’ private information, the information about them being made available to the American public remains woefully inadequate,” Michael Macleod-Ball, Acting Director of the ACLU Washington Legislative Office, said in a statement. “There is a stunning lack of oversight at these fusion centers and, as we’ve seen, these centers are rapidly becoming a breeding ground for overzealous intelligence activities. Opening the door for domestic law enforcement to gain access to classified military intelligence coupled with no guidelines restricting the military’s role in fusion centers is a recipe for disaster.”

In February, the ACLU highlighted a bulletin issued by a West Texas center. The Texas bulletin said it was “imperative for law enforcement officers to report” the activities of lobbying groups, Muslim civil rights organizations and anti-war protest groups in their region.

The model also took fire in April after a Virginia fusion center directive became public, which declared that US universities had become “radicalization node”s for potential terrorist activity – singling out several historically black colleges. The memo also called out “hacktivism” as a potential terrorist threat.

Remarkably, among the fusion center’s critics is the Justice Department itself. A December, 2008 “Privacy Impact Assessment” of the centers issued by the Department listed a number of key privacy weaknesses of the intelligence nexuses.

Among the problems listed were: “Justification for fusion centers; Ambiguous Lines of Authority, Rules, and Oversight; Participation of the Military and the Private Sector; Data Mining; Excessive Secrecy; Inaccurate or Incomplete Information; and Mission Creep.”

Defenders take message to Congress

A Homeland Security proponent, Robert Riegle of the State and Local Program Office, Office of Intelligence and Analysis, defended the centers in testimony to Congress in April, saying they’d experienced numerous law enforcement successes as a result of information sharing.

“Fusion centers are the core means by which we promote Federal, State, local and Tribal information sharing. Today, the Department of Homeland Security and the Department of Justice recognize 70 fusion centers, including ones in every state and every major city of the United States,” Riegle said. “Nearly half of these centers have been stood up since 2006 and have grown rapidly in number and effectiveness. Many fusion centers are in their infancy and many infrastructure challenges remain, but the successes that the centers have realized thus far give us good reason for our continued support.”

“Fusion centers are force multipliers,” Riegle added. “They leverage financial resources and the expertise of numerous public safety partners to increase information awareness and help our law enforcement agencies more effectively protect our communities. Thoughtful analysis about risks to our communities supports elected officials and homeland security leaders. This enables states and localities to better utilize limited financial resources to make effective, risk-based decisions about public safety matters and mitigate threats to the homeland.”

The ACLU isn’t so sure.

“Congress must take the necessary steps to ensure that a thorough and rigorous oversight mechanism is in place to ensure that Americans’ most sensitive information is protected,” the ACLU’s legislative director said. “Without proper guidelines, fusion centers will continue to threaten our privacy while doing nothing to improve security.”

Military in Hawai’i seeking “Intelligence fusion centers”

Recently there were shocking revelations that Army spies infiltrated and spied on a an anti-war group in Washington State, in violation of the Posse Comitatus Act.   This agent was part of a larger network of law enforcement and intelligence agencies under the umbrella of the Department of Homeland Security (DHS).  In some cities, these networks were consolidated into “fusion centers”.

Well, it looks like Hawai’i military officials are trying to establish their very own intelligence fusion center in Hawai’i.   The GAO reported in “Homeland Security: Federal Efforts Are Helping to Alleviate Some Challenges Encountered by State and Local Information Fusion Centers”, October 2007:

According to a State of Hawaii Department of Defense official, for the past 2 years officials from civil defense and state law enforcement have discussed the possibility of establishing a fusion center in Hawaii. Specifically, they have discussed establishing an intelligence unit under state and local law enforcement control to complement the FBI’s JTTF in Honolulu. A state fusion center would provide intelligence and analysis to all disciplines, especially law enforcement. Planning officials are not seeking a center that is only focused on the prevention and disruption of terrorism, but one that would complement other departments, agencies, and task forces within the context of all hazards. The official noted that the establishment of a fusion center in Hawaii depends on the adequacy and allocation of Homeland Security grant funds in fiscal years 2007 and 2008. According to the official, Hawaii’s fiscal year 2007 allocation will not support the current investment strategy for a fusion center. The official said that they will have to wait until fiscal year 2008 or find an alternative funding strategy.

The revelation that military personnel were spying on civlians engaged in protected political activities is a chilling flashback to the days prior to Senator Sam Ervin’s Subcommittee on Constitutional Rights and Senator Frank Church’s Select Committee on Intelligence, that led to the founding of the Foreign Intelligence Surveillance Act.  Amy Goodman interviewed Christopher Pyle, who as an Army intelligence officer during the Vietnam War, helped to expose the illegal military spying on peace groups within the U.S. and worked for Senator Ervin’s investigation.  Here’s an excerpt:

AMY GOODMAN: Who else was listed at the time, both individuals and organizations that you saw targeted?

CHRISTOPHER PYLE: Well, one of the printouts that the military gave me of their surveillance for a particular week in 1968 included the infiltration of a Unitarian Church. In more recent years, surveillance of Quaker groups, the infiltration of Quaker groups in Florida, who were planning to protest military recruitment in their local high school. These are the people who, according to the TALON reports, are considered to be potential threats to military security.

AMY GOODMAN: And explain what you mean by TALON.

CHRISTOPHER PYLE: TALON is a collection of intelligence reports of threats to military bases that were collected by an unknown group for many years after 9/11 called the Counterintelligence Field Activity. It had a thousand employees. It was located in the Pentagon. And it was monitoring civil disturbances around the country, following a pattern very much like the 1960s and ’70s.

The idea was that if you could follow enough protesters in the-protests in the country, or enough disturbances, you could tell when the country was going to overheat and the military would have to be called in. In the 1960s, they thought that if they could tell how many protests there were on college campuses, they could then predict riots in the black ghettos of the major cities of the United States. It was ludicrous intelligence work, but that’s what they had in mind.

“Stellar Avenger” missile test tomorrow off Kaua’i

Navy to target drone

The latest test of an interceptor missile system is set to launch tomorrow from an Aegis destroyer off Kauai

By Gregg K. Kakesako

POSTED: 01:30 a.m. HST, Jul 29, 2009

For the 23rd time, the Navy will attempt to intercept a short-range ballistic missile off the coast of Kauai.

The Aegis destroyer USS Hopper, based at Pearl Harbor, is slated tomorrow to fire an interceptor missile during the test, dubbed “Stellar Avenger.”

The 505-foot Hopper will attempt to hit the target, a drone launched from Pacific Missile Range Facility at Barking Sands, in flight with a Standard Missile-3 armed with a kinetic, or nonexplosive, warhead. The force of impact is expected to destroy the drone.

Also participating in the at-sea missile defense test will be the Pearl Harbor Aegis cruiser Lake Erie, which has been the launch ship in at least 12 missile intercept tests beginning in 2002, and the destroyer USS O’Kane.

The O’Kane has been designated as a shadow ship and will track and conduct a simulated SM-3 launch. The Lake Erie, which was recently upgraded with improved Aegis ballistic missile defenses, will perform surveillance and track operations with its new sophisticated SPY radar and also will conduct a simulated missile launch.

However, only the Hopper will fire an actual intercept missile.

The Hopper was part of a November test when two short-range ballistic missile targets were launched from Kauai. An SM-3 fired from the USS Paul Hamilton, a destroyer based at Pearl Harbor, directly hit the first target missile. The USS Hopper failed to intercept the second target missile.

Last year the Lake Erie launched a modified SM-3 missile in the Navy’s first-of-its-kind missile shot to destroy a malfunctioning spy satellite.

Meanwhile, the Missile Defense Agency completed a joint test last week with Israel to see how well the Arrow missile anti-missile system — a mobile missile launcher designed to protect Israel against ballistic missiles — would function with other elements of the U.S. missile defense system. Those elements include the terminal high-altitude area defense program, which deployed mobile missile interceptors to Barking Sands late last month when it was reported that North Korea threatened to test its ballistic missiles.
USS HOPPER (DDG 70)

» Class: 20th of 38 Arleigh Burke-class destroyers authorized by Congress

» Commissioned: 1997

» Namesake: Rear Adm. Grace Murray Hopper, known as the “Grand Lady of Software,” “Amazing Grace” and “Grandma Cobol” after co-inventing COBOL (common business-oriented language). COBOL made it possible for computers to respond to words instead of just numbers, thus enabling computers to “talk to each other.”

» Armament: Tomahawk cruise missiles and standard surface-to-air missiles. Two fully automated radar-controlled Phalanx close-in weapon systems, Harpoon anti-ship missiles, two triple torpedo tubes, one 5-inch gun and electronic warfare systems

» Home port: Pearl Harbor

» Crew: 23 officers, 24 chief petty officers and 302 sailors

» Length: 505 feet

» Beam: 67 feet

» Weight: 8,500 tons fully loaded

» Engines: Four gas turbine engines

» Speed: More than 30 knots

Source: U.S. Navy

Source: http://www.starbulletin.com/news/20090729_Navy_to_target_drone.html