Category Archives: CIA

Senator who put Pentagon Papers into public record urges Udall to do same with torture report

Dan Froomkin writes: Article 1, Section 6 of the Constitution establishes an absolute free-speech right for members of Congress on the floor or in committee, even if they are disclosing classified material. It states that “for any Speech or Debate in either House, they shall not be questioned in any other Place.”

Within hours of Colorado Senator Mark Udall losing his reelection bid last week, transparency activists were talking about how he should go out with a bang and put the Senate intelligence committee’s torture report into the congressional record. The report is said to detail shockingly brutal abuse of detainees by the CIA during the George W. Bush administration, as well as rampant deception about the program by top officials. But the Obama White House is refusing to declassify even a summary of the report without major redactions. And Republicans take over the Senate in January.

Udall is one of two senators — along with fellow Intelligence Committee member Ron Wyden — who have consistently demanded greater transparency from the intelligence community. If he made the report public on the Senate floor or during a hearing, he couldn’t be prosecuted.

The last time any senator did anything nearly so grand was in 1971, when Mike Gravel, two years into his 12 years representing the state of Alaska, entered 4,000 pages of the Pentagon Papers into the congressional record just before the U.S. Supreme Court lifted an injunction on publishing them in the press.

Now, Gravel is urging Udall to join the club. [Continue reading…]

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U.S. ties to terrorism in Iran

The New York Times reports: After a car bombing in southeastern Iran killed 11 Revolutionary Guard members in 2007, a C.I.A. officer noticed something surprising in the agency’s files: an intelligence report, filed ahead of the bombing, that had warned that something big was about to happen in Iran.

Though the report had provided few specifics, the C.I.A. officer realized it meant that the United States had known in advance that a Sunni terrorist group called Jundallah was planning an operation inside Shiite-dominated Iran, two former American officials familiar with the matter recalled. Just as surprising was the source of the report. It had originated in Newark, with a detective for the Port Authority of New York and New Jersey.

The Port Authority police are responsible for patrolling bridges and tunnels and issuing airport parking tickets. But the detective, a hard-charging and occasionally brusque former ironworker named Thomas McHale, was also a member of an F.B.I. counterterrorism task force. He had traveled to Afghanistan and Pakistan and developed informants inside Jundallah’s leadership, who then came under the joint supervision of the F.B.I. and C.I.A.

Reading the report, the C.I.A. officer became increasingly concerned. Agency lawyers he consulted concluded that using Islamic militants to gather intelligence — and obtaining information about attacks ahead of time — could suggest tacit American support for terrorism. Without specific approval from the president, the lawyers said, that could represent an unauthorized covert action program. The C.I.A. ended its involvement with Mr. McHale’s informants.

Despite the C.I.A.’s concerns, American officials continued to obtain intelligence from inside Jundallah, first through the F.B.I., and then the Pentagon. Contacts with informants did not end when Jundallah’s attacks led to the deaths of Iranian civilians, or when the State Department designated it a terrorist organization. [Continue reading…]

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The Senate report on CIA interrogation is about to reignite debate over the killing of Osama Bin Laden

Jason Leopold writes: A few days before the fifth anniversary of the 9/11 attacks, then President George W. Bush gave a speech in the East Room of the White House where, for the first time, he acknowledged that the CIA had been holding more than a dozen “high-value” detainees who were subjected to “tough” interrogation methods at secret prisons “outside of the United States.”

Bush cited a number of terrorist plots that were thwarted after high-value captives were subjected to the CIA’s interrogation regimen. One was an attempt in 2003 by al Qaeda terrorists to attack the US consulate in Karachi, Pakistan “using car bombs and motorcycle bombs.”

In a long-awaited summary of a report on the CIA’s detention and interrogation program, the Senate Committee on Intelligence dissects Bush’s September 6, 2006 speech and reveals that the intelligence provided to Bush by the CIA about the Karachi operation was overstated. Interrogators, the summary asserts, could have obtained details about it without resorting to so-called “enhanced interrogation techniques” (EITs).

That’s just one example contained in the summary of the Senate Intelligence Committee’s report that Democrats say proves the CIA’s interrogation program was a failure and did not produce “unique” and “valuable” intelligence. That’s according to a half-dozen people familiar with the document who spoke to VICE News over the past three weeks on the condition of anonymity because the summary is still undergoing a final declassification review. [Continue reading…]

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Before Mark Udall leaves the Senate he should ‘leak’ the CIA torture report

Trevor Timm writes: America’s rising civil liberties movement lost one of its strongest advocates in the US Congress on Tuesday night, as Colorado’s Mark Udall lost his Senate seat to Republican Cory Gardner. While the election was not a referendum on Udall’s support for civil liberties (Gardner expressed support for surveillance reform, and Udall spent most of his campaign almost solely concentrating on reproductive issues), the loss is undoubtedly a blow for privacy and transparency advocates, as Udall was one of the NSA and CIA’s most outspoken and consistent critics. Most importantly, he sat on the intelligence committee, the Senate’s sole oversight board of the clandestine agencies, where he was one of just a few dissenting members.

But Udall’s loss doesn’t have to be all bad. The lame-duck transparency advocate now has a rare opportunity to truly show his principles in the final two months of his Senate career and finally expose, in great detail, the secret government wrongdoing he’s been criticizing for years. On his way out the door, Udall can use congressional immunity provided to him by the Constitution’s Speech and Debate clause to read the Senate’s still-classified 6,000-page CIA torture report into the Congressional record – on the floor, on TV, for the world to see.

There’s ample precedent for this. [Continue reading…]

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Airstrikes against ISIS do not seem to have affected flow of fighters to Syria

The Washington Post reports: More than 1,000 foreign fighters are streaming into Syria each month, a rate that has so far been unchanged by airstrikes against the Islamic State and efforts by other countries to stem the flow of departures, according to U.S. intelligence and counterterrorism officials.

The magnitude of the ongoing migration suggests that the U.S.-led air campaign has neither deterred significant numbers of militants from traveling to the region nor triggered such outrage that even more are flocking to the fight because of American intervention.

“The flow of fighters making their way to Syria remains constant, so the overall number continues to rise,” a U.S. intelligence official said. U.S. officials cautioned, however, that there is a lag in the intelligence being examined by the CIA and other spy agencies, meaning it could be weeks before a change becomes apparent.

The trend line established over the past year would mean that the total number of foreign fighters in Syria exceeds 16,000, and the pace eclipses that of any comparable conflict in recent decades, including the 1980s war in Afghanistan. [Continue reading…]

No one needs to be a foreign policy sage to understand that as much as anything else, ISIS is a product of the war in Iraq. But this observation barely qualifies as analysis — it’s more of a harumph; a way of bemoaning another of the consequences of a catastrophic military misadventure. Least of all should it be taken as a prescription for courses of action to be taken or avoided.

To say, for instance, that ISIS is a product of war and therefore more war will have the same effect is to treat war as having a homogeneous nature which in truth it lacks.

As is oft repeated: war is the continuation of politics by other means. But ISIS repeatedly makes it clear how it insists on practicing politics — submit to its rule or face death. It is ISIS which precludes non-military alternatives.

There really shouldn’t be much debate about whether ISIS needs to be fought. The real questions are about who fights, what are realistic goals, and what is the strategic context?

But the fight against ISIS should be a catalyst for and not a distraction from consideration of the region’s deeper ailments only some of which can be attributed to interference by external powers and the injurious effect of Zionism.

Either this continues to be a region that perceives itself through its own divisions or it engages in the long struggle of finding a common purpose. Hopefully that struggle does not have to postponed until after the death of every current national leader.

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Nobel Peace Prize winners push Obama for release of torture report

Time reports: Twelve winners of the Nobel Peace Prize asked President Barack Obama late Sunday to make sure that a Senate report on the Central Intelligence Agency’s use of harsh interrogation tactics is released so the U.S. can put an end to a practice condemned by many as torture.

The release of the report, which is the most detailed account of the CIA’s interrogation practices in the wake of the Sept. 11, 2001 terrorist attacks, would be an opportunity for the U.S. and the world to come to terms with interrogation techniques that went too far, the laureates said in an open letter and petition. The release of the report by the Senate Select Committee on Intelligence has stalled as the Obama Administration the CIA, and lawmakers clashed over how much of it should be redacted.

American leaders have “eroded the very freedoms and rights that generations of their young gave their lives to defend” by engaging in and justifying torture, the peace prize winners said. The letter was published on TheCommunity.com, a project spearheaded by Peace Prize winner and international peacemaker José Ramos-Horta.

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Terrorism exists in the eye of the beholder

Should a man who believes he’s being chased by the devil, shape pubic policy and guide international relations?

Dave Bathurst was a friend of Michael Zehaf-Bibeau — the gunman whose brief shooting rampage yesterday led to the Canadian capital city, Ottowa, getting locked down for several hours.

The Globe and Mail reports:

Mr. Bathurst said he met Mr. Zehaf-Bibeau in a Burnaby, B.C., mosque about three years ago. He said his friend did not at first appear to have extremist views or inclinations toward violence – but at times exhibited a disturbing side.

“We were having a conversation in a kitchen, and I don’t know how he worded it: He said the devil is after him,” Mr. Bathurst said in an interview. He said his friend frequently talked about the presence of Shaytan in the world – an Arabic term for devils and demons. “I think he must have been mentally ill.”

Nevertheless, Mike Morell, CBS News senior security contributor and former CIA deputy director, seems to believe that Zehaf-Bibeau represents a threat to the United States:


Unlike Morrell, I’m much more concerned about what his own reaction reveals about thinking inside the CIA than what Zehaf-Bibeau reveals about Canada.

In 2012 there were seven murders in Ottawa (population close to a million), 2013 nine murders, and so far in 2014 there have been five (including yesterday’s).

The overwhelming majority of the crazy men running round shooting innocent people are on this side of the border. What makes them dangerous is much less the ideas in their heads than the ease with which they can lay their hands on a gun.

It’s often hard to be clear about what should be described as terrorism. What’s much easier to discern is hysteria.

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The CIA’s wrong: Arming rebels works

Christopher Dickey writes: The New York Times ran a story last week that suggested CIA covert operations failed again and again to achieve the policy objectives set for them.

Just about everyone I talked to afterward in the U.S. intelligence community saw this as a story put out by the administration. One retired high-ranking intelligence officer said the article “seems founded on the kind of leaks that are permissible when beneficial to folks in high places but prosecutable when done by others.”

Has the CIA failed repeatedly to meet its covert goals? Actually, the problem has been exactly the reverse. With the exception of the Bay of Pigs, the agency has succeeded repeatedly, sometimes spectacularly. In Afghanistan in the 1980s “the CIA arms for the mujahedin won the final and decisive battle of the Cold War, liberating Eastern Europe and destroying the USSR,” says CIA veteran Bruce Riedel, now at the Brookings Institute. “That’s victory by any measure. Of course the war had other long term consequences, but the CIA accomplished what the White House wanted, a Russian Vietnam.”

Long-term consequences indeed. What happened again and again after the agency eliminated or helped to neutralize the presumed bad guys was the spectacle of their replacements turning out to be as bad or worse. But for those tragic policy decisions one must blame every president dating back to Dwight D. Eisenhower. American commanders-in-chief and the people around them come to think they can reengineer countries around the world, whether to make them more anti-Communist in the old days, or less terrorist, or more humanitarian in the present. And in many cases the action is out in the open.

“A CIA study says arming rebels rarely works?” a senior veteran of the agency asked wryly. “You could say the same thing about the U.S. military. How many wars have we won since World War II?” Granada? Kosovo? One hardly wants to mention the continuing tragedy of Iraq and Afghanistan: “mission accomplished” turns so quickly to “mission impossible.”

From 1983 to 2003 the United States waged what Rudyard Kipling called “savage wars of peace” to teach lessons and change regimes just about every year, sometimes secretly, more often openly, in Lebanon, Granada, Nicaragua, Angola, Afghanistan, Libya, against Iran in the Persian Gulf, Iraq, Somalia, Haiti, the Balkans, and so on. Most Americans have forgotten these operations, of course, but the latter ones, especially the 1999 Kosovo war in which not a single allied soldier lost his or her life, started to make the whole business of war look just a little too easy—and laid the groundwork for the biggest disaster of all, the full scale invasion of Iraq.

By comparison with conventional military campaigns, the CIA ops were, in fact, pretty small beer, but most eventually left an acrid aftertaste. [Continue reading…]

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Has the ISIS crisis pushed the CIA into bed with Hezbollah?

Jeff Stein reports: A few months ago, a former top CIA operative applied for a Lebanese visa to do some work in Beirut for an oil company. While he was waiting for approval, a package arrived at his client’s office. Inside was a full dossier on his CIA career. “It included things on where I had served, well back into 1990s,” said Charles Faddis, who ran the CIA’s covert action program in Kurdistan during the run-up to the 2003 invasion of Iraq, among other top assignments. “It had details on my travels to Israel and Lebanon—years ago.”

Faddis took it as a blunt message from Hezbollah, the Iran-backed partner in Lebanon’s coalition government that is equal parts political party, social service agency, occupying army and terrorist group. “It was their way of saying, ‘We don’t want this guy here, but we want business with you to go forward,’” Faddis told Newsweek. It also was a way of underscoring—as if any emphasis was needed—that to do business in Lebanon, you have to go through the “Party of God.” And today that business includes the U.S. drive to recruit regional partners to wage war on the Islamic State, the group more commonly known as ISIS.

Washington wants Lebanon to stop ISIS at its borders. So does Hezbollah, whose entry into the Lebanese government last February did not get it removed from the State Department’s list of terrorist groups. [Continue reading…]

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Tom Engelhardt: Entering the intelligence labyrinth

Failure is success: How American intelligence works in the twenty-first century
By Tom Engelhardt

What are the odds? You put about $68 billion annually into a maze of 17 major intelligence outfits. You build them glorious headquarters.  You create a global surveillance state for the ages. You listen in on your citizenry and gather their communications in staggering quantities.  Your employees even morph into avatars and enter video-game landscapes, lest any Americans betray a penchant for evil deeds while in entertainment mode. You collect information on visits to porn sites just in case, one day, blackmail might be useful. You pass around naked photos of them just for… well, the salacious hell of it.  Your employees even use aspects of the system you’ve created to stalk former lovers and, within your arcane world, that act of “spycraft” gains its own name: LOVEINT.

You listen in on foreign leaders and politicians across the planet.  You bring on board hundreds of thousands of crony corporate employees, creating the sinews of an intelligence-corporate complex of the first order.  You break into the “backdoors” of the data centers of major Internet outfits to collect user accounts.  You create new outfits within outfits, including an ever-expanding secret military and intelligence crew embedded inside the military itself (and not counted among those 17 agencies).  Your leaders lie to Congress and the American people without, as far as we can tell, a flicker of self-doubt.  Your acts are subject to secret courts, which only hear your versions of events and regularly rubberstamp them — and whose judgments and substantial body of lawmaking are far too secret for Americans to know about.

You have put extraordinary effort into ensuring that information about your world and the millions of documents you produce doesn’t make it into our world.  You even have the legal ability to gag American organizations and citizens who might speak out on subjects that would displease you (and they can’t say that their mouths have been shut).  You undoubtedly spy on Congress.  You hack into congressional computer systems.  And if whistleblowers inside your world try to tell the American public anything unauthorized about what you’re doing, you prosecute them under the Espionage Act, as if they were spies for a foreign power (which, in a sense, they are, since you treat the American people as if they were a foreign population).  You do everything to wreck their lives and — should one escape your grasp — you hunt him implacably to the ends of the Earth.

As for your top officials, when their moment is past, the revolving door is theirs to spin through into a lucrative mirror life in the intelligence-corporate complex.

Continue reading →

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Nothing says ‘sorry our drones hit your wedding party’ like $800,000 and some guns

Gregory D. Johnsen writes: Muhammad al-Tuhayf was relaxing at his house late in the afternoon on Dec. 12, 2013, when his iPhone rang. A boxy, tired-looking Yemeni shaykh with large hands and a slow voice, Tuhayf heard the news: A few miles from where he was sitting, along a rutted-out dirt track that snaked through the mountains and wadis of central Yemen, U.S. drones had fired four missiles at a convoy of vehicles. Drone strikes were nothing new in Yemen — there had been one four days earlier, another one a couple weeks before that, and a burst of eight strikes in 12 days in late July and August that had set the country on edge. But this one was different: This time the Americans had hit a wedding party. And now the government needed Tuhayf’s help.

The corpses had already started to arrive in the provincial capital of Radaa, and by the next morning angry tribesmen were lining the dead up in the street. Laid out side by side on bright blue tarps and wrapped in cheap blankets, what was left of the men looked distorted by death. Heads were thrown back at awkward angles, splattered with blood that had caked and dried in the hours since the strike. Faces that had been whole were now in pieces, missing chunks of skin and bone, and off to one side, as if he didn’t quite belong, lay a bearded man with no visible wounds.

Clustered around them in a sweaty, jostling circle, dozens of men bumped up against one another as they struggled for position and a peek at the remains. Above the crowd, swaying out over the row of bodies as he hung onto what appeared to be the back of a truck with one hand, a leathery old Yemeni screamed into the crowd. “This is a massacre,” he shouted, his arm slicing through the air. “They were a wedding party.” Dressed in a gray jacket and a dusty beige robe with prayer beads draped over his dagger, the man was shaking with fury as his voice faltered under the strain. “An American drone killed them,” he croaked with another wild gesture from his one free hand. “Look at them.”

A few miles outside of town, Tuhayf already knew what he had to do. This had happened in his backyard; he was one of the shaykhs on the ground. Only three hours south of the capital, the central government held little sway in Radaa. Like a rural sheriff in a disaster zone, he was a local authority, someone who was known and respected. And on Dec. 12, that meant acting as a first responder. Tuhayf needed to assess the situation and deal with the fallout. Every few minutes his phone went off again, the marimba ringtone sounding with yet another update. Already he was hearing reports that angry tribesmen had cut the road north. Frightened municipal employees, worried that they might be targeted, kept calling, begging for his help. So did the governor, who was three hours away at his compound in Sanaa.

It didn’t take Tuhayf long to reach a conclusion. The Americans had made a mess, and to clean it up he was going to need money and guns.

This is the other side of America’s drone program: the part that comes after the missiles fly and the cars explode, when the smoke clears and the bodies are sorted. Because it is here, at desert strike sites across the Middle East, where unsettling questions emerge about culpability and responsibility — about the value of a human life and assessing the true costs of a surgical war.

For much of the past century, the United States has gone to war with lawyers, men and women who follow the fighting, adjudicating claims of civilian casualties and dispensing cash for errors. They write reports and interview survivors. But what happens when there are no boots on the ground? When the lawyers are thousands of miles away and dependent on aerial footage that is as ambiguous as it is inconclusive? How do you determine innocence or guilt from a pre-strike video? When everyone has beards and guns, like they do in rural Yemen, can you tell the good guys from the bad? Is it even possible? And when the U.S. gets it wrong, when it kills the wrong man: What happens then? Who is accountable when a drone does the killing? [Continue reading…]

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The CIA must tell the truth about my rendition at 12 years old

Khadija al-Saadi writes: Two very different flights landed at Mitiga military airport in Libya just over a decade ago. The first was organized by the CIA and MI6. On board were a family of six surrounded by guards, the frightened children separated from their parents, the father chained to a seat in a rear compartment with a needle stuck in his arm. The second flight, only a couple of days later, carried Tony Blair in comfort, on his way to shake hands and do business with Colonel Gaddafi.

I know about the first flight, because I was one of the children. I know about the chains and the needle because Sami al-Saadi — a long-time political opponent of Colonel Gaddafi — is my father and I saw him in that state. I was 12 years old, and was trying to keep my younger brothers and my six year-old sister calm. The guards took us to see our mother once on the 16-hour flight. She was crying, and told us that we were being taken to Gaddafi’s Libya. Shortly before the plane landed, a guard told me to say goodbye to my father, at the front of the plane. I forced myself ahead and saw him with a needle in his arm. I remember guards laughing at me. Then I fainted.

We were taken off the plane and bundled into cars. Hoods were pulled over my parents’ heads. Libyans forced my mother, sister and I into one car, my brothers and father another. The convoy drove to a secret prison outside Tripoli, where I was certain we were all going to be executed. All I knew about Libya at that time was that Colonel Gaddafi wanted to hurt my father, and that our family had always been moving from country to country to avoid being taken to him. Now we had been kidnapped, flown to Libya, and his people had us at their mercy. [Continue reading…]

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Sen. Mark Udall calls for #CIA director John Brennan to resign

Huffington Post: Following reports that Central Intelligence Agency employees improperly accessed computers used by U.S. Senate staff to investigate the agency, Sen. Mark Udall (D-Colo.) on Thursday called for the resignation of John Brennan as CIA director.

“After being briefed on the CIA Inspector General report today, I have no choice but to call for the resignation of CIA Director John Brennan,” he said in a statement. “The CIA unconstitutionally spied on Congress by hacking into Senate Intelligence Committee computers. This grave misconduct not only is illegal, but it violates the U.S. Constitution’s requirement of separation of powers. These offenses, along with other errors in judgment by some at the CIA, demonstrate a tremendous failure of leadership, and there must be consequences.”

According to a CIA Inspector General’s Office report first obtained by McClatchy, agency employees in 2009 hacked Senate computers being used to compile a report on the agency’s infamous detention and interrogation program — a move that some critics have characterized as a significant breach of the separation of powers. Brennan has apologized to Senate intelligence committee leaders, including Chairwoman Sen. Dianne Feinstein (D-Calif.), who took the floor earlier this year to excoriate the agency for skirting the law and attempting to intimidate Congress. [Continue reading…]

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How the U.S. stumbled into the #drone era

The Wall Street Journal reports: On Sept. 7, 2000, in the waning days of the Clinton administration, a U.S. Predator drone flew over Afghanistan for the first time. The unmanned, unarmed plane buzzed over Tarnak Farms, a major al Qaeda camp. When U.S. analysts later pored over video footage from this maiden voyage, they were struck by the image of a commandingly tall man clad in white robes. CIA analysts later concluded that he was Osama bin Laden.

From that first mission, the drone program has grown into perhaps the most prominent instrument of U.S. counterterrorism policy — and, for many in the Muslim world, a synonym for American callousness and arrogance. The U.S. has used drones to support ground troops in Iraq and Afghanistan and, particularly under President Barack Obama, to hammer the high command of al Qaeda. A recent study by the Stimson Center, a think tank in Washington, D.C., estimates that U.S. drone strikes in Pakistan have killed 2,000 to 4,000 people. Other countries are trying to get into the act, including Iran, which U.S. officials say has flown drones over Iraq during the current crisis there.

Drones seem to be everywhere these days, buzzing into civilian life and even pop culture. French players complained before the World Cup that a mysterious drone-borne camera had spied on their training sessions. Amazon owner Jeff Bezos hopes to use drones for faster home delivery. Tom Cruise starred last summer as a futuristic drone repairman in the sci-fi thriller “Oblivion,” and Captain America himself faced down lethal super-drones in this spring’s “The Winter Soldier.” Hollywood is even using drones in real life, helping to film such tricky scenes as the chase early in the 2012 James Bond caper “Skyfall,” when Daniel Craig as 007 races across the rooftops of Istanbul.

But as ubiquitous as Predators, Reapers, Global Hawks and their ilk may now seem, the U.S. actually stumbled into the drone era. Washington got into the business of using drones for counterterrorism well before 9/11—not out of any steely strategic design or master plan but out of bureaucratic frustration, bickering and a series of only half-intentional decisions. [Continue reading…]

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After CIA gets secret whistleblower email, Congress worries about more spying

McClatchy reports: The CIA obtained a confidential email to Congress about alleged whistleblower retaliation related to the Senate’s classified report on the agency’s harsh interrogation program, triggering fears that the CIA has been intercepting the communications of officials who handle whistleblower cases.

The CIA got hold of the legally protected email and other unspecified communications between whistleblower officials and lawmakers this spring, people familiar with the matter told McClatchy. It’s unclear how the agency obtained the material.

At the time, the CIA was embroiled in a furious behind-the-scenes battle with the Senate Intelligence Committee over the panel’s investigation of the agency’s interrogation program, including accusations that the CIA illegally monitored computers used in the five-year probe. The CIA has denied the charges.

The email controversy points to holes in the intelligence community’s whistleblower protection systems and raises fresh questions about the extent to which intelligence agencies can elude congressional oversight. [Continue reading…]

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Peter Van Buren: Undue process in Washington

What a world we’re in. Thanks to smartphones, iPads, and the like, everyone is now a photographer, but it turns out that, in the public landscape, there’s ever less to photograph. So here are a few tips for living more comfortably in a photographically redacted version of our post-9/11 world.

Even if you’re a professional photographer, don’t try to take a picture of Korita Kent’s “Rainbow Swash.”  It’s “one of the largest copyrighted pieces of art in the world,” painted atop a 140-foot-high liquefied natural gas tower in Dorchester, Massachusetts.  James Prigoff, a former senior vice president of the Sara Lee Corporation and a known photographer, tried to do so and was confronted by two security guards who stopped him.  Later, though he left no information about himself and was in a rented car, he was tracked down by the FBI.  Evidently he had been dumped into the government’s Suspicious Activity Reporting program run by the Bureau and the Department of Homeland Security.  (And when you end up on a list like that, we know that it’s always a living hell to get off it again.)  He sums up his situation this way: “So, consider this: A professional photographer taking a photo of a well-known Boston landmark is now considered to be engaged in suspicious terrorist activity?”

And while you’re at it, don’t photograph the water tower in Farmer’s Branch, Texas (as professional photographer Allison Smith found out), or planes taxiing to takeoff at the Denver airport (if you have a Middle Eastern look to you), or that dangerous “Welcome to Texas City” sign (as Austin photographer Lance Rosenfield discovered when stopped by BP security guards and only let off after “a stern lecture about terrorists and folks wandering around snapping photos”), or even the police handcuffing someone on the street from your own front lawn (as Rochester, New York, neighborhood activist Emily Good was doing when the police cuffed and arrested her for the criminal misdemeanor of “obstructing governmental administration”).

The ACLU has just launched a suit challenging that Suspicious Activity Reporting database, claiming quite correctly — as Linda Lye, one of their lawyers, puts it — that the “problem with the suspicious-activity reporting program is that it sweeps up innocent Americans who have done nothing more than engage in innocent, everyday activity, like buying laptops or playing video games. It encourages racial and religious profiling, and targets constitutionally protected activity like photography.”

You know the old phrase, “it’s a free world?”  Well, don’t overdo it any more, thank you very much.  Your safety, your security, and the well-being of an ever-expanding, ever more aggressive national (and local) security state and its various up-arming and up-armoring policing outfits increasingly trump that freedom.  And let’s face it, when it comes to your safety not from most of the real dangers of our American lives but from “terrorism,” freedom itself really has been oversold.  Remember the famous phrase from the height of the Cold War era, “better dead than red”?  It seems to have been updated without the commies.  Now, it’s something like: “better surveilled than sorry.”  And based on that, all behavior is fast becoming potentially suspicious behavior.

Since 2013, State Department whistleblower Peter Van Buren has been covering our new world of constricting freedoms in what he’s termed “Post-Constitutional America” for TomDispatch.  With this look at the government’s newfound “right” to kill an American citizen without due process, he completes a three-part series on the shredding of the Bill of Rights, the previous two parts having focused on the First Amendment and the Fourth Amendment. Tom Engelhardt 

Dead is dead
Drone-killing the Fifth Amendment
By Peter Van Buren

You can’t get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: “No person shall be… deprived of life, liberty, or property, without due process of law.” In 2011, the White House ordered the drone-killing of American citizen Anwar al-Awlaki without trial. It claimed this was a legal act it is prepared to repeat as necessary. Given the Fifth Amendment, how exactly was this justified? Thanks to a much contested, recently released but significantly redacted — about one-third of the text is missing — Justice Department white paper providing the basis for that extrajudicial killing, we finally know: the president in Post-Constitutional America is now officially judge, jury, and executioner.

Due Process in Constitutional America

Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders’ intent in creating the Fifth Amendment. A government’s ability to inflict harm on its people, whether by taking their lives, imprisoning them, or confiscating their property, was to be checked by due process.

Due process is the only requirement of government that is stated twice in the Constitution, signaling its importance. The Fifth Amendment imposed the due process requirement on the federal government, while the Fourteenth Amendment did the same for the states. Both offer a crucial promise to the people that fair procedures will remain available to challenge government actions. The broader concept of due process goes all the way back to the thirteenth-century Magna Carta.

Due process, as refined over the years by the Supreme Court, came to take two forms in Constitutional America. The first was procedural due process: people threatened by government actions that might potentially take away life, liberty, or possessions would have the right to defend themselves from a power that sought, whether for good reasons or bad, to deprive them of something important. American citizens were guaranteed their proverbial “day in court.”

The second type, substantive due process, was codified in 1938 to protect those rights so fundamental that they are implicit in liberty itself, even when not spelled out explicitly in the Constitution. Had the concept been in place at the time, a ready example would have been slavery. Though not specifically prohibited by the Constitution, it was on its face an affront to democracy. No court process could possibly have made slavery fair. The same held, for instance, for the “right” to an education, to have children, and so forth. Substantive due process is often invoked by supporters of same-sex unions, who assert that there is a fundamental right to marry. The meaning is crystal clear: there is an inherent, moral sense of “due process” applicable to government actions against any citizen and it cannot be done away with legally. Any law that attempts to interfere with such rights is inherently unconstitutional.

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As Israel strikes Gaza, the U.S. strikes Pakistan

The Washington Post reports: A suspected U.S. drone strike killed at least 15 people in northwestern Pakistan on Wednesday, the deadliest such attack in at least a year.

The strike targeted a house in North Waziristan — where the Pakistani military is engaged in a month-old battle against the Pakistani Taliban and other militant groups — as well as a vehicle that was passing nearby, local intelligence officials said. The strike killed at least 15 people, although some officials said at least 20 people died.

“The compound was being used by foreign militants, and some local terrorists were present in the vehicle that got targeted,” said one senior intelligence official, who asked not to be identified because he was not authorized to speak to the media.

The attack near Pakistan’s border with Afghanistan took place in an area suspected of housing fighters affiliated with the Afghan Haqqani network as well as Islamist militants from Uzbekistan, local officials said. One villager said he saw the drone fire at least four missiles.

The last time 15 or more people were killed by a U.S. drone was on July 3, 2013, when a missile strike killed 16 people, according to the London-based Bureau of Investigative Journalism. [Continue reading…]

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Expansion of ‘secret’ CIA facility in Irbil suggests closer U.S.-Kurd ties

McClatchy reports: A supposedly secret but locally well-known CIA station on the outskirts of Irbil’s airport is undergoing rapid expansion as the United States considers whether to engage in a war against Islamist militants who’ve seized control of half of Iraq in the past month.

Western contractors hired to expand the facility and a local intelligence official confirmed the construction project, which is visible from the main highway linking Irbil to Mosul, the city whose fall June 9 triggered the Islamic State’s sweep through northern and central Iraq. Residents around the airport say they can hear daily what they suspect are American drones taking off and landing at the facility.

Expansion of the facility comes as it seems all but certain that the autonomous Kurdish regional government and the central government in Baghdad, never easy partners, are headed for an irrevocable split _ complicating any U.S. military hopes of coordinating the two entities’ efforts against the Islamic State. [Continue reading…]

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