Category Archives: Congress

Leak the CIA report: it’s the only way to know the whole truth about torture

Trevor Timm writes: In a seemingly rare win for transparency, headlines blared on Thursday that the Senate Intelligence Committee had voted to declassify key findings of its massive report on CIA torture. Unfortunately, most news articles waited until the final two paragraphs to mention the real news: the public won’t see any of the document for months at minimum, and more than 90% of the investigation – characterized as “the Pentagon Papers of the CIA torture program” – will remain secret indefinitely.

In reality, only the executive summary and its conclusions – 480 out of some 6,300 pages – were even included in the vote, and they’re nowhere close to being published: it now heads to the White House for “declassification review”, an arduous process that will involve multiple government agencies taking a black marker to the documents, including the CIA, the same agency accused in the report of systematically torturing prisoners and lying about it for years. The spy report’s subjects and suspects will now become its censors.

It’s possible the only way the public will ever get to see the entire landmark report is the same way we’ve learned everything we know about it: if someone leaks it. [Continue reading…]

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Senate panel finds CIA illegally interrogated terror suspects after 9/11

McClatchy reports: CIA officers subjected some terrorism suspects the agency held after the Sept. 11 attacks to interrogation methods that were not approved by either the Justice Department or their own headquarters and illegally detained 26 of the 119 in CIA custody, the Senate Intelligence Committee has concluded in its still-secret report, McClatchy has learned.

The spy agency program’s reliance on brutal techniques _ much more abusive than previously known _ and its failure to gather valuable information from the detainees harmed the U.S.’s credibility, according to the committee’s findings in its scathing 6,300-page report on the CIA’s interrogation and detention program.

The agency also repeatedly misled the Justice Department while stymieing Congress’ and the White House’s efforts to oversee the secret and now-defunct program, McClatchy has learned.

In all, the committee came to 20 conclusions about the CIA’s harsh interrogation tactics after spending six years and $40 million evaluating the controversial program, which began during the Bush administration.

The committee voted 11-3 Thursday to declassify an executive summary and conclusions. The findings and summary now will go to the White House and CIA for eventual public release. [Continue reading…]

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CIA lied about torture program, Senate report says

The Washington Post reports: A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.

The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Current and former U.S. officials who described the report spoke on the condition of anonymity because of the sensitivity of the issue and because the document remains classified. The 6,300-page report includes what officials described as damning new disclosures about a sprawling network of secret detention facilities, or “black sites,” that was dismantled by President Obama in 2009.

Classified files reviewed by committee investigators reveal internal divisions over the interrogation program, officials said, including one case in which CIA employees left the agency’s secret prison in Thailand after becoming disturbed by the brutal measures being employed there. The report also cites cases in which officials at CIA headquarters demanded the continued use of harsh interrogation techniques even after analysts were convinced that prisoners had no more information to give. [Continue reading…]

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Senate CIA torture report could throw Gitmo hearings into chaos

Jason Leopold reports: The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe.

The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system.

Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive.

In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.

But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. [Continue reading…]

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No NSA reform can fix the American Islamophobic surveillance complex

o13-iconArun Kundnani writes: Better oversight of the sprawling American national security apparatus may finally be coming: President Obama and the House Intelligence Committee unveiled plans this week to reduce bulk collection of telephone records. The debate opened up by Edward Snowden’s whistle-blowing is about to get even more legalistic than all the parsing of hops and stores and metadata.

These reforms may be reassuring, if sketchy. But for those living in so-called “suspect communities” – Muslim Americans, left-wing campaigners, “radical” journalists – the days of living on the receiving end of excessive spying won’t end there.

How come when we talk about spying we don’t talk about the lives of ordinary people being spied upon? While we have been rightly outraged at the government’s warehousing of troves of data, we have been less interested in the consequences of mass surveillance for those most affected by it – such as Muslim Americans. [Continue reading…]

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Beware the surveillance reform Trojan horse: what’s not in the new NSA laws?

o13-iconTrevor Timm writes: This week was undoubtedly a turning point in the NSA debate. Edward Snowden said it himself on Monday, as some of the NSA’s most ardent defenders, including the House Intelligence Committee and the White House, suddenly released similar proposals endorsing the end of the NSA’s bulk collection of phone records as we know it.

Stopping the government from holding onto of all Americans’ phone metadata would undoubtedly be a good thing for American privacy, but if you read between the legislative lines, the government might not be curtailing mass surveillance so much as permanently entrenching it in American law.

Rep Justin Amash, one of the NSA’s leading critics in the House, said of the Intelligence Committee bill: “It doesn’t end bulk collection but actually puts more Americans in danger of having their constitutionally protected rights violated.” While the Obama plan is undoubtedly more promising, with court requests and much more, Jameel Jaffer of the American Civil Liberties Union has several important questions about the proposal that need to be answered before anyone will really be able to judge. And the Cato Institute’s Julian Sanchez detailed why neither of these proposals are as good as the USA Freedom Act, which may now be getting boxed out. [Continue reading…]

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Defense: FBI wanted marathon suspect as informant

n13-iconThe Associated Press reports: Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev say the FBI asked his older brother and fellow suspect to be an informant on the Chechen and Muslim community.

In court filings Friday, the defense asked a judge to order federal prosecutors to turn over any evidence on brother Tamerlan Tsarnaev, arguing that it could help persuade a jury to spare Dzhokhar Tsarnaev the death penalty if it supports the defense theory Tamerlan was the “main instigator” of the deadly bombing.

Dzhokhar’s lawyers say they want records of all FBI contact with Tamerlan based on information from the Tsarnaev family and others that the FBI “questioned Tamerlan about his Internet searches, and asked him to be an informant, reporting on the Chechen and Muslim community.”

The defense notes that a report issued earlier this week by the House Homeland Security Committee suggests that government agents monitored Tamerlan and his communications during 2011 and possibly 2012. The report said the FBI Joint Terrorism Task Force conducted a threat assessment of Tamerlan, an ethnic Chechen from southern Russia, in response to a 2011 alert from the Russian government that he was becoming radicalized.

Dzhokhar’s lawyers wrote: “Any surveillance, evidence, or interviews showing that Tamerlan’s pursuit of jihad predated Dzhokhar’s would tend to support the theory that Tamerlan was the main instigator of the tragic events that followed.” [Continue reading…]

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NSA lackies hijack House reform bill

n13-iconThe Guardian reports: Congressional critics of the bulk collection of telephone records by the National Security Agency fear that its allies are circumventing them in the House of Representatives.

The House parliamentarian, who oversees procedural matters, has determined that a new bill that substantially modifies the seminal 1978 Foreign Intelligence Surveillance Act will go through the intelligence committee rather than the judiciary committee, a move that two congressional aides consider “highly unusual.”

Seemingly an arcane parliamentary issue, the jurisdiction question reveals a subterranean and intense fight within the House about the future course of US surveillance in the post-Edward Snowden era. The fight does not align with partisan divides, with both sides claiming both Republican and Democratic support.

The bill, authored by Republican Mike Rogers of Michigan and Democrat Dutch Ruppersberger of Maryland, would largely get the NSA out of the business of collecting US phone data in bulk. Rogers and Ruppersberger, both staunch advocates of the NSA and until now just as staunch defenders of bulk collection, are the leaders of the intelligence committee.

Yet the House judiciary committee thought it was the natural choice for primary legislative jurisdiction over the Fisa Transparency and Modernization Act, introduced on Tuesday. While the intelligence committee oversees US spy activities, the judiciary committee has oversight responsibilities over surveillance law. [Continue reading…]

The Associated Press adds: Cyber security experts are questioning whether President Barack Obama can make good on his assurance that U.S. intelligence agencies aren’t spying on “ordinary folks.”

That promise is especially dubious, experts say, in instances where Americans are communicating with U.S. citizens living abroad and other people overseas.

“It’s very clear there are enormous loopholes,” said Jonathan Mayer, a cybersecurity fellow at Stanford University’s Center for International Security and Cooperation, who is reverse engineering the NSA surveillance program to learn how much collection — if taken to extremes — is legally possible. “Their rules, combined with their capabilities, cut against the classical protections built into our legal system.”

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Obama needs to end of laws of the spies, by the spies and for the spies

o13-iconJameel Jaffer writes: To anyone who criticized the National Security Agency’s phone-records dragnet over the last nine months or so, the American intelligence community had this stock response: all three branches of government signed off on it.

The intelligence community was right, at least in a sense, but what it presented as a defense of the surveillance program was actually an indictment of our oversight system. What it presented as a defense of the program was actually a scandal.

In today’s New York Times, Charlie Savage reports that the administration has come to the belated realization that its intelligence interests can be accommodated without placing hundreds of millions of people under permanent surveillance. This is to the good, of course. But if the administration is right that the dragnet was unnecessary, we should ask how all three branches of government got it so wrong.

The answer, in a word, is secrecy. When intelligence officials proposed the dragnet, there was no one on the other side to explain that the government’s goals could be achieved with less-intrusive means. There was no one there to mention that the law the government was invoking couldn’t lawfully be used to collect call-records. There was no one there to mention that the bulk collection of call records was unconstitutional. [Continue reading…]

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The House’s NSA bill could allow more spying than ever. You call this reform?

o13-iconTrevor Timm writes: The White House and the House Intelligence Committee leaked dueling proposals last night that are supposedly aimed at ending the mass collection of all Americans’ phone records. But the devil is in the details, and when it comes to the National Security Agency’s unique ability to twist and distort the English language, the devil tends to wrap his horns around every word.

The House proposal, to be unveiled this morning by Reps Mike Rogers and Dutch Ruppersberger, is the more worrying of the two. Rogers has been the NSA’s most ardent defender in Congress and has a long history of distorting the truth and practicing in outright fabrication, whether in touting his committee’s alleged “oversight” or by way of his attempts to impugn the motives of the once again vindicated whistleblower who started this whole reform debate, former NSA contractor Edward Snowden.

As a general rule, whenever Mike Rogers (not to be confused with incoming NSA director Michael Rogers) claims a bill does something particular – like, say, protect your privacy – it’s actually a fairly safe assumption that the opposite will end up true. His new bill seems to have the goal of trading government bulk collection for even more NSA power to search Americans’ data while it sits in the hands of the phone companies. [Continue reading…]

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Obama just opened the door for Snowden’s immunity

o13-iconMichael Maiello writes: Today, Charlie Savage at The New York Times reports that the Obama administration will propose the end of the NSA’s bulk data collection program, replacing it with a more targeted, more thoroughly court supervised alternative. It is an imperfect solution for those who suspect that the FISA court is too eager to grant such requests but Marc Rotenberg, executive director of the Electronic Privacy Information Center, told the paper that this was “a sensible outcome.”

As we are a good way through Obama’s second term as president, I think it’s more than fair to say that we would not be here, at the cusp of sensibility, without the actions of Edward J. Snowden, the former NSA contractor who now lives in Russia under the protection of Vladimir Putin. Snowden took and released an uncounted number of sensitive documents from his employers and is responsible for disclosing the breadth and scope of the NSA’s global telecommunications surveillance program. Had the details of this program remained rumor and whisper as they were for the bulk of Obama’s tenure, it’s a fair bet that nothing would be changing now. [Continue reading…]

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Udall pushes Obama on classified Senate CIA interrogation report

n13-iconThe Hill: Recent events only intensify the urgency to release a classified Senate study on Bush-era CIA interrogations, Sen. Mark Udall (D-Colo.) wrote to President Obama on Thursday.

Udall thanked Obama for expressing his “commitment” last week to declassifying the report. A public airing, Udall said, would allow the country to move past “this dark chapter” in our history.

“The American People cannot have faith that the Agency is acting effectively and within the law until the flaws of this program are acknowledged and the CIA’s misrepresentations are finally corrected,” Udall wrote in his letter.

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Sen. Ron Wyden scorches senior CIA and NSA officials and their ‘pattern of deception’

n13-iconThe Oregonian reports: U.S. Sen. Ron Wyden scorched senior CIA and NSA officials, the secret doings inside the Foreign Intelligence Surveillance Court, and a controversial section of the USA Patriot ACT on Tuesday night during a lecture in downtown Portland.

The senior senator from Oregon performed perhaps the most skillful dodge yet – by any politician – of a question nagging many Americans: is former National Security Agency contractor Edward Snowden a hero, a traitor, or something in between?

Wyden declined to comment about a case now before a criminal court (Snowden faces spy charges). But he said senior intelligence officials should have told the public that the National Security Agency had collected the phone records of millions of ordinary Americans, rather than having them learn about it through Snowden’s leaks of classified files to journalists.

“This is a debate that shouldn’t have been started this way,” said Wyden, a member of the Senate Intelligence Committee who sits in on classified briefings of national security operations.

Wyden called for more vigorous oversight of U.S. spy agencies. He called on senior intelligence officials to end what he described variously as their “pattern of deception,” “incredibly misleading statements,” and “culture of misinformation.” [Continue reading…]

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Inside the Senate report on CIA interrogations

f13-iconJason Leopold reports: A still-classified report on the CIA’s interrogation program established in the wake of 9/11 sparked a furious row last week between the agency and Senate Intelligence Committee chairwoman Dianne Feinstein. Al Jazeera has learned from sources familiar with its contents that the committee’s report alleges that at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush’s Justice Department.

Two Senate staffers and a U.S. official, who spoke on the condition of anonymity because the information they disclosed remains classified, told Al Jazeera that the committee’s analysis of 6 million pages of classified records also found that some of the harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received. They said the report suggests that the CIA knowingly misled the White House, Congress and the Justice Department about the intelligence value of detainee Zain Abidin Mohammed Husain Abu Zubaydah when using his case to argue in favor of harsher interrogation techniques.

The committee’s report, completed in 2012, must go through a declassification review before any part of it may be released, but conflicts between the CIA — the original classification authority for the documents on which the report is based — and the Senate Intelligence Committee have complicated the process. Even if the report was declassified, releasing it would require Senate approval, and it’s not clear that Feinstein, a California Democrat, could muster enough votes to do so. President Barack Obama last week expressed support for releasing the report “so that the American people can understand what happened in the past … That can help guide us as we move forward.”

CIA Director John Brennan delivered a rebuttal to the report last June, more than four months after a deadline imposed by the Intelligence Committee. The 120-page CIA response, which addresses what the agency says are flaws in the Senate report, also remains classified. [Continue reading…]

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Former Church Committee members see need for new group to investigate NSA

n13-iconThreatpost: In a letter sent to President Obama and members of Congress, former members and staff of the Church Committee on intelligence said that the revelations of the NSA activities have caused “a crisis of public confidence” and encouraged the formation of a new committee to undertake “significant and public reexamination of intelligence community practices”.

Although it may seem like the NSA’s activities have only recently come under public scrutiny, the agency first was dragged into the light in 1975 when reports surfaced that for decades it had had secret agreements with telegram companies to get copies of Americans’ international communications. The Church committee, formally known as the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, was formed to investigate the NSA’s methods and produced a report that took the agency to task for overstepping its bounds and expanding programs well beyond their initial scope.

“We have seen a consistent pattern in which programs initiated with limited goals, such as preventing criminal violence or identifying foreign spies, were expanded to what witnesses characterized as ‘vacuum cleaners,’ sweeping in information about lawful activities of American citizens. The tendency of intelligence activities to expand beyond their initial scope is a theme, which runs through every aspect of our investigative findings,” the committee’s final report said.

In the letter sent Monday to Obama and Congress, several former advisers to and members of the Church committee, including the former chief counsel, said that the current situation involving the NSA bears striking resemblances to the one in 1975 and that the scope of what the NSA is doing today is orders of magnitude larger than what was happening nearly 40 years ago.

“The need for another thorough, independent, and public congressional investigation of intelligence activity practices that affect the rights of Americans is apparent. There is a crisis of public confidence. Misleading statements by agency officials to Congress, the courts, and the public have undermined public trust in the intelligence community and in the capacity for the branches of government to provide meaningful oversight,” the letter says.

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Obama’s duty is to defend the Constitution, not the CIA

Steve Coll writes: In the vestibule of Room 211 of the Hart Senate Office Building, just to the north of the Capitol, a cop guards an inner door that requires a numerical code to open it. The room, where the staff of the Senate Select Committee on Intelligence sits, is called a “skiff,” for “sensitive compartmented information facility.” Last week, Senator Dianne Feinstein, the committee’s chair, described secret documents that are now apparently stored in the office. She did so publicly, during a remarkable jeremiad on the Senate floor, which was part “Homeland” treatment, part grand-jury instruction. She recounted several years of maneuvering between the committee staff and the C.I.A., before announcing “grave concerns” that agency officers had broken the law and violated the Constitution during a struggle over the documents.

Feinstein called them the Panetta Review, in reference to the former C.I.A. director Leon Panetta, who left the agency in 2011. The documents were prepared by C.I.A. officers, and although their contents are secret, their subject matter is clear and vitally important: the true history of the brutal interrogation of about a hundred Al Qaeda leaders and suspects at offshore C.I.A. “black sites” between roughly 2002 and 2006, on orders of the Bush Administration. The interrogations included the use of “enhanced interrogation techniques,” such as waterboarding, which constituted torture in the judgment of the Red Cross and many other authorities. Feinstein suggested that the Panetta Review may illuminate still disputed issues; namely, whether the program produced significant intelligence, whether the C.I.A. lied to Congress about it, and how cruel and degrading the black sites really were.

Barack Obama ended the program on his second day in office, in 2009, denouncing it as torture. Yet he also signalled that he would not hold the C.I.A. or its career officers accountable for the past. Moreover, he decided to advance the C.I.A.’s role in counterterrorism, which complicated the options for examining the interrogation program. The C.I.A.’s Counterterrorism Center ran the sites. It also managed the agency’s drone program and the hunt for Osama bin Laden. Obama called its officers into action, ordering drone strikes in Pakistan and encouraging the agency to finally find bin Laden, which it did, in 2011. For the President to have investigated some of the same personnel for past complicity in torture would have been awkward. [Continue reading…]

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Conflict of interest: CIA lawyer at center of computer snooping clash

n13-iconThe Associated Press reports: The senior CIA lawyer accused by the head of the Senate Intelligence Committee of trying to intimidate the panel over its investigation into secret prisons and brutal interrogations of terrorism suspects was himself involved in the controversial programs. The attorney, the CIA’s top lawyer, is cited by name for his role more than 1,600 times in the Senate’s unpublished, 6,300-page investigative report, according to the panel’s chairwoman, Sen. Dianne Feinstein.

Until the California Democrat’s extraordinary Senate speech Tuesday, the CIA’s senior deputy general counsel, Robert Eatinger, was little known outside a small cadre of highly specialized national security lawyers. He has maintained a low profile in a legal career that has spanned two decades at the CIA and in the Navy. But Feinstein’s remarkable accusations instantly made Eatinger famous — or infamous — over a simmering constitutional dispute that threatens to engulf two branches of the government.

Eatinger had filed a formal criminal complaint earlier this year on behalf of the CIA asking the Justice Department to investigate whether the Senate Intelligence Committee had improperly obtained classified CIA documents for an as-yet unreleased Senate report on the agency’s use of waterboarding and other abusive tactics against al-Qaida prisoners during the George W. Bush administration.

Eatinger’s move boomeranged Tuesday. [Continue reading…]

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