FISA And The FAA Of 2008

DNI’s recent letter (the “Letter”) to Feingold regarding FISA and in particular Section 702 (PDF here) underscores three things:

  1. Many in the blog and twittersphere are unable to read a letter longer than 140 characters;
  2. Feingold’s opposition to the FAA (FISA Amendments Act) is even more marginal politically today than during his quixotic stand in 2008; and
  3. The National Security Nomenklatura are secure enough to toss Feingold a marginal bone, showing no concerns about repercussion.

Feingold sought DNI permission to discuss three statements about the FAA. He wanted political cover to avoid claims of violating security and to lock DNI into a position.

Feingold’s most notable statement of the three submitted was that after 2008 FISC (Foreign Intelligence Surveillance Court) ruled that the government acted unreasonably retaining information on AMCITs (American Citizens) in one instance. The Letter noted that FISC ruling but underscored remedial steps were since taken. Hardly the major admission characterized by breathless blog posts and tweets.

Feingold, FISA, DNI, FAA

Long time readers know our background and experience with FISA and intelligence oversight going back decades. Here’s our verdict on this little dust up.

In boxing terms, Feingold didn’t even land a glove. If that’s all Feingold has to work with since 2008, stick a fork in it. DNI knows it, too. A FISC determination was made, and allegedly their concerns were followed. Rather than a black eye, this episode becomes a poster child for ‘rule of law.’ The Letter is typical Nomenklatura bureaucratese, feigning interest in cooperation with Feingold, civil rights, etc. But there’s also a barely concealed gloating underlying tone in the formality. They know Feingold’s got nothing to work on. And he’s probably even more alone in the Senate than in 2008.

A long time ago we wrote about how unlikely Congress could prevail in re-asserting meaningful intelligence oversight. And that assumed Congress as a separate and co-equal branch of government re-discovered itself.

Congress failed all of us at the beginning. With PATRIOT ACT (and blowing past its sunsets), with each subsequent compromise and a decade of Duma-like timidity. One or even a handful of Senators can’t revive an entire institution, let alone the other body.

We are all of us like the people in our short story in the link above, prey for what was once supposed to guard. Now that Obama normalized and put his bi-partisan (albeit of the Kenyan, socialist, KGB mole variety) imprimatur on Cheney’s excesses, we don’t foresee rollback in our lifetime.

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Wikileaks And Stratfor Reveal An American Fantasy

The remarkable thing about the Stratfor Wikileaks flap is what it says about America 2001-2011. A hyper-militarized society conditioned to fear the outside world, prostrate itself before ‘the warfighter’ and venerate the clandestine inevitably would create a Stratfor-like entity.

This is exactly why places like The Atlantic get it precisely wrong. Here, the The Atlantic smugly assures us, the -in-the-know-Atlantic-reader, that George Friedman and others (some of whom the Stiftung knows) built a fairly significant cash flow from nothing based purely on ‘marketing.’

Something more than ‘marketing’ is revealed by Stratfor’s significant cash flow. (Friedman after all makes more money than Newsweek/TheDailyBeast. We’d be interested in seeing The Atlantic’s numbers). Corporate intelligence subscription newsletters have catered to Wall Street and executives for decades. Still, Friedman’s achievement building a business from nothing to today’s enterprise is a fact.

How did it start?

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Whatever You Do, Don’t Tweet About This: Intelligence Community Wants To Monitor Social Media

Large standing military and security forces have troubled ruling regimes from the dimmest tribal pasts down to today. Governing ideology doesn’t matter: totalitarian, Marxist-Leninist, Mao-ist or American corporatist democracy/demotic – all rely on and are often threatened by these – in political science terms – ‘power institutions.’

FBI, Surveillance, National Security State

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Mercenary ‘Intelligence’ Spats In The Sandbox

The memo also said that Mr. Furlong had a history of delving into outlandish intelligence schemes, including an episode in 2008, when American officials expelled him from Prague for trying to clandestinely set up computer servers for propaganda operations. Some officials say they believe that the C.I.A. is trying to scuttle the operation to protect its own turf, and that the spy agency has been embarrassed because the contractors are outperforming C.I.A. operatives . . .

To skirt military restrictions on intelligence gathering, information the contractors gather in eastern Afghanistan and Pakistan’s tribal areas is specifically labeled “atmospheric collection”: information about the workings of militant groups in Afghanistan and Pakistan or about Afghan tribal structures. The boundaries separating “atmospherics” from what spies gather is murky. It is generally considered illegal for the military to run organized operations aimed at penetrating enemy organizations with covert agents.

Amusing and even predictable. DoD let the Lockmart contract lapse this month. Still, an ‘investigation’ will result in nothing but a pile of dead trees (and overly ornate PDF file).

Once again Dewey Clarridge pops up like a telemarketer at dinnertime. North by contrast channelled his energies into churning out awful television. Nice to know DoD, Petreaus and Lockmart hired a Czech company to assist intelligence operations (putting a retired senior U.S. General who helped start it all on the payroll).

This Administration will do nothing. No one’s clearances will be revoked. No letters of reprimand. After all, a Tampa-based CENTCOM lawyer said it was kosher. Haven’t we seen *that* dance before? Holder probably has everyone involved on ‘call block.’

Congress in its heart of hearts wonders what’s the fuss? Of more concern is why aren’t more Czech holding entities U.S. front companies showing up at breakfast fund raisers?

Thank goodness one no let it slip to the Pakistanis. Imagine if Pakistanis realized American mercenaries and drones were operating in their country. Killing 20-30 people at a time with – to Americans – monotonous regularity. Even a non-radicalized Taliban faction Pakistani eventually might get pissed off. That kind of ‘nut’ could over react to those few silly drone fusillades and other “war” stuff. And suggest someone go buy propane. Or something.

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Made In America

You Never Hear It Coming

Officers are concerned that public revelation of the CTC (Counterterrorist Center) program will seriously damage Agency officers’ reputations, as well as the reputation and effectiveness of the Agency itself . . .

According to a number of those [analysts] interviewed for this Review, the Agency’s intelligence on Al-Qa’ida was limited to prior to the initiation of the CTC Interrogation Program. The Agency lacked adequate linguists or subject matter experts and had very little hard knowledge of what particular Al-Qai’da leaders – who later became detainees – knew. This lack of knowledge led analysts to speculate about what a detainee “should know”, vice information the analysts could objectively demonstrate the detainee did know. . .

When a detainee did not respond to a question posed to him, the assumption at Headquarters was that the detainee was holding back and knew more; consequently Headquarters recommended resumption of EITs [enhanced interrogation techniques].

Those nuggets, buried within the released CIA IG Report, are all you really need to know. The rest is dressage. The Report like most well crafted government documents obeys certain forms and rituals. The damning truth above is embedded — like steganography; there was and is no professional intelligence justification for any of it. The Report also confirms what we’ve known, the Agency’s Office of General Counsel was an active participant in shaping and distorting information (such as hiding the SERE proponents’ lack of credentials or skills from the Agency’s Office of Medical Services, etc.) As a lurid distraction, we are also treated to the utterly disheartening spectacle of Agency officers or contractors role playing like unusually dim Chekists in Lubyanka’s basement.

Writing a report like this as noted is a stylized ritual like a waltz. Even with the black out this is an intricate and synchronized affair. Major FCC Orders recite a factual record similarly but on a more mundane level (and oddly are as opaque on pages as the black out).

The IG’s Office (and we’ve personally known and respected senior personnel in that office) weave a tapestry around the wreckage that shields but does not contradict this devastating, damning finding. For example, the Report notes that valuable information did indeed come from detainees while carefully noting the information obtained was not due to torture and emphasizing the disorganized program can not demonstrate any clear cut instance where the torture produced uniquely helpful information [we will eschew Cofer Black's et. al preferred faux macho euphemism 'enhanced interrogation techniques'].

The Scott Horton types justifiably will be up in arms about the human rights abuses and torture. There is also a more nuanced discussion to be had about the corruption of the intelligence product cycle, as well as continued human capital problems. And as you know, we continue to believe the Nation and currently serving personnel would be better off starting clean and letting CIA’s corpse be interred.

We can’t think of any platform where this more serious conversation could occur, especially sans tired culprits like John McLaughlin stroking The Beard in his comedic ‘Situation Room’. Perhaps Rachel Maddow can help out.

We doubt much will come from any of this (particularly the glaring collapse of congressional oversight). With Obama’s promise of non-prosecution for any officer or contractor who acted within the four corners of the absurd OLC memos Holder is free to go after the few, new Lynndie Englands. If they play their cards right, they will position themselves as martyrs, get book deals, air time on Fox and then become senior fellows with that titan of international policy analysis, Cliff May. Embedding the rendition and detainee program with Brennan in the White House would not have occurred to Terry Gilliam even with ether and a Samoan attorney.

Sad times for the Stiftung. We used to pride ourselves as being different. We *were* different. One more thing destroyed by Tenet, Black et al.

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Why Should ‘Torture’ Be Any Different?

Of course the Obama Administration punted today and delayed yet again the oft promised public release of CIA’s [sic] own internal investigation into torture and abuse of detainees. Why should this play out any different than say, don’t ask, don’t tell (DADT), defense of marriage, state secrets or a host of other broken commitments?

Imagine the scene. A 47 year old self-professed ‘change agent’ and Commander-in-Chief meets at the White House a decorated war veteran facing career termination because he happens to be gay. He looks the war hero in the face. And says without blinking or apparent irony while shaking his hand that he, the Commander-in-Chief, is helpless to sign an executive order placing DADT on hold pending congressional review. He’s helpless doncha know before some ‘generational prejudices’ in his own armed forces. (Something, oddly, his Secretary for Homeland Security can surmount and has no qualms doing, btw).

The Illustrated President

Now imagine what this towering oak, this schwerpunkt of progressive achievement is gonna say when he is stampeded by a herd of terrified GS-15s et al. braying at him for releasing yet more ‘secrets’? All while a bureaucratically weak Panetta tries to ride his internal stampede by calling Rahm on the backside?

When we labelled Obama ‘Boy King’ last Fall we worried about ineptitude, inexperience and general Peanut Farmerisms. All while secretly nursing -dare we say it? — hope that he would be a principled, focused and consistently progressive president. As stabilizing antidote to the Warlord’s perhaps fatal corrosiveness. He is far and away a much more canny politician than we credited him. And far and away just as much a disappointment.

Catering To The Pride Of Dead Bureaucracies

First, on the report issue one should note there are not many meta-level secrets left in it anyway. The most damning is, of course, that CIA had no legitimate purpose for using *any* enhanced interrogation techniques at any time. Why? Because it was and remained completely blind about the enemy. It had no assets. There simply was no way to evaluate whether anything said to them was true or false. Torture or abuse can not be rationalized in this situation even in McCain’s Jack Bauer wet dreams. This is CIA’s real shame. A complete and utter failure as an institution. Among many others. So on first principles of intelligence, the practice was unfounded. And another reason why Tenet helped lead CIA to its tragically deserved destruction.

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Just One Degree At A Time

“We’re the United States of America. You’re just passing through.”

A quote from “Good Shepherd” that we find useful when thinking about the engorged Permanent National Security State. Our old fable about the craven people who created and eventually surrendered to a monster in illusory pursuit of security is timely as ever.

One objectively can understand the apparat’s disdain for Obama-as-political-force, Dems and that noisome rabble called the American people. Yawn. The apparat is swollen beyond recognition by hundreds of billions recklessly squandered by a cowardly Duma. Cheney/OVP’s raging paranoia nurtured the permanent apparatchiks’ darkest, basest instincts. And not a burp from the usual merry go round of ‘public intellectual’ worthies except on single issues like torture. Let alone the Duma et al.

Tonite's Top Story, Brad and Angelina Agree To Settle Iranian Crisis But Demand Their Percent Of The Gross Upfront !

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Pelosi Seeks Refuge Within Bob Graham’s Obsessive Peculiarity

There Goes The Co-Del To Bali

Those Kewpie Dolls Must Really Work !

It's About Effing, Um, Well Time, I've Paid My Dues Working Here 9 Months

These Punks Wouldn't Know A Bra Burning If It Hit Them In Their Plastic Faces

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Quite. Torture Is Right Out!

A friend mentioned this item on Steve Clemons’ blog citing The Guardian’s correction of President Obama’s claim last night that the Brits didn’t torture. Next we will learn that Mother Theresa coached Bernie Madoff.

You must be referring to another establishment.

Still an interesting historical footnote The Guardian explores.

The London Cage was used partly as a torture centre, inside which large numbers of German officers and soldiers were subjected to systematic ill-treatment. In total 3,573 men passed through the Cage, and more than 1,000 were persuaded to give statements about war crimes. The brutality did not end with the war, moreover: a number of German civilians joined the servicemen who were interrogated there up to 1948 . . .The Cage had space for 60 prisoners at any time, and five interrogation rooms. [Lt. Col.] Scotland had around 10 officers serving under him, plus a dozen NCOs who served as interrogators and interpreters. Security was provided by soldiers from the Guards regiments, selected, one archived document asserts, “for their height rather than their brains”.

A journalist alleging it was easier in a Gestapo prison that under British custody does seem self serving. But then again, if anyone had heard of the Boer War it shouldn’t be surprising that some SS captives had a hard time of it in The Cage.

None of this affects the validity of President Obama’s decision to stop American torture. A Movement friend of ours predicted recently that the President’s decision would backfire. America, according to this view, is in the same frame of mind as post 1975. And Americans will rise up in resistance to unpatriotic attacks on CIA, assorted Neocons, hack attorneys and institutional fluffers like Tenet.

We have a hard time seeing it play out that way. A factual inquiry by DoJ with the Administration indemnification of CIA officers and contractors is hardly akin to the Fall of Saigon. The Left will want more visceral action taken without a doubt. Last night’s 100 Day presser makes it clear that the President isn’t going to go there. In fact, we see the Movement doubly screwed: Bush (Movement/Republicans) tarred with torture *and* no faux innocent officers/contractors/victims/patriots as a wedge issue. Politically, if the Movement wants to embrace discredited Neocons once more that is, as Axlerod might say, more cheese on the pizza.

Torture In The Movement's Imagination

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Blinking In The Sunlight

The aftermath of Obama’s release of the torture memo continues to activate profound anxieties only tangentially related to the actual crimes committed. Most interesting to us is how it shines a light on those in the Democratic party who acquiesced to the Warlord’s extra-legal ideology. Daschle, Pelosi, Rockefeller, Harman, etc. are likely it seems to the Stiftung complicit either overtly or by omission.

Oh say can you see

All the more reason to be thankful that the American people according to recent polls continue to have personal and institutional faith in the Obama presidency. It helps that there is trust somewhere. Congress is not likely to distinguish itself handling the torture inquiry as a matter of day-to-day political acumen. That’s a lead pipe cinch where Republicans are concerned. Still, congressional leaders’ moral contamination will be only the proverbial icing on the cake.

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