Category Archives: US government

Diplomats sound the alarm as they are pushed out of the State Department in droves

The New York Times reports: Of all the State Department employees who might have been vulnerable in the staff reductions that Secretary of State Rex W. Tillerson has initiated as he reshapes the department, the one person who seemed least likely to be a target was the chief of security, Bill A. Miller.

Republicans pilloried Hillary Clinton for what they claimed was her inadequate attention to security as secretary of state in the months before the deadly 2012 attacks in Benghazi, Libya. Congress even passed legislation mandating that the department’s top security official have unrestricted access to the secretary of state.

But in his first nine months in office, Mr. Tillerson turned down repeated and sometimes urgent requests from the department’s security staff to brief him, according to several former top officials in the Bureau of Diplomatic Security. Finally, Mr. Miller, the acting assistant secretary for diplomatic security, was forced to cite the law’s requirement that he be allowed to speak to Mr. Tillerson.

Mr. Miller got just five minutes with the secretary of state, the former officials said. Afterward, Mr. Miller, a career Foreign Service officer, was pushed out, joining a parade of dismissals and early retirements that has decimated the State Department’s senior ranks. [Continue reading…]

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While eyes are on Russia, Sessions dramatically reshapes the Justice Department

The Washington Post reports: For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case. [Continue reading…]

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If Flynn is cooperating with Mueller, then case against Trump gets much more serious

Barbara McQuade writes: The report by the New York Times that Michael Flynn has withdrawn from a joint defense agreement with President Donald Trump might indicate that he is cooperating with Special Counsel Robert S. Mueller III. If so, this could be a significant turning point in the investigation.

First, what is a joint defense agreement? A joint defense agreement is a pact among attorneys for multiple targets or subjects in a criminal case in which they agree to share information. The agreement may be written or unwritten. Any joint defense agreement will be defined by its explicit terms, but generally, under such an agreement, attorneys have a duty to keep the confidences of all of the clients covered by the agreement. The attorneys also have a duty to avoid conflicts of interest as to any of the clients. The attorneys can compare notes, allocate work efficiently by dividing tasks and avoiding duplication, and develop a unified strategy.

The main advantage of joint defense agreements is that the information that they share is protected by a form of the attorney-client privilege, known by some courts as a joint interest privilege. These agreements can help targets or subjects sidestep the so-called “prisoner’s dilemma,” in which they must decide in a vacuum whether to help each other by remaining silent or betray each other by cooperating with authorities. When subjects or targets form a unified defense strategy, it is more difficult for prosecutors to “flip” targets, and use them as cooperators against their co-conspirators. [Continue reading…]

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Mueller might be the one who’s ‘draining the swamp’

The Washington Post reports: President Trump famously promised that, if elected president, he would “drain the swamp” — upending the culture in Washington that favors the well-connected.

It is special counsel Robert S. Mueller III whose work seems to be sending shock waves through the capital, by exposing the lucrative work lobbyists from both parties engage in on behalf of foreign interests.

The Mueller probe has already claimed its first K Street casualty: Tony Podesta. His lobbying firm, the Podesta Group, a Washington icon of power and political influence, notified its employees recently that the enterprise is shutting its doors.

Since Mueller was appointed, more people and firms have either filed or amended registrations that make public their work on behalf of foreign interests than had done so over the same time period in each of at least the past 20 years. Lobbyists, lawyers and public relations professionals who work for foreign companies and governments say Mueller’s probe has spooked K Street, and firms are likely to be more careful in their compliance with public disclosure standards. [Continue reading…]

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Twitter facing serious questions over its efforts to deal with disinformation

BuzzFeed reports: BuzzFeed News has uncovered a new network of suspected Twitter propaganda accounts – sharing messages about Brexit, Donald Trump, and Angela Merkel – that have close connections to the Russian-linked bot accounts identified by the social media platform in its evidence to the US Congress.

The 45 suspect accounts were uncovered through basic analysis of those that interacted or retweeted accounts cited by Twitter to Congress, yet none of them appeared on the company’s list.

The relative ease of discovery raises serious questions as to just how many Russian-linked bots may still be active on Twitter, how the company identifies and removes such accounts, and whether its process for identifying accounts for its evidence was inadequate.

Until BuzzFeed News approached Twitter on Tuesday afternoon with details of the accounts, they all remained active on the platform, though dormant. But within 24 hours, all 45 had been suspended. [Continue reading…]

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Mark Zuckerberg’s latest fig leaf for his Russian propaganda problem

Justin Hendrix writes: Since Facebook disclosed that at least 150 million Americans were exposed to Russian propaganda on Facebook in the run up to the 2016 election, pressure has been growing for the company to demonstrate transparency and notify its users. During testimony by Facebook General Counsel Colin Stretch on Capitol Hill at the beginning of November, members of Congress called on the social media giant to do just that. At the same time, I started a public petition calling for notification that swelled to nearly 90,000 signatories.

Stretch argued such a disclosure would be technically difficult, but lawmakers pressed the company to explore it. It was remarkable that he did not come prepared and willing to offer any specifics of such difficulties, and appeared to be saying more that it would be difficult to reach every person rather than difficult to do a lot of the job. In a strongly worded follow up letter, Senator Richard Blumenthal (D-CT) gave the company an explicit assignment.

“Consumer service entities like yours have long understood their duty to inform their users after mistakes are uncovered,” Senator Blumenthal wrote to Facebook CEO Mark Zuckerberg. “You too have an obligation to explain to your users exactly how Russian agents sought to manipulate our elections through your platform.” Blumenthal set November 22nd as the deadline for a response from Facebook.

On Nov. 22, the company announced its plan in a blog post entitled “Continuing Transparency on Russian Activity.”

“We will soon be creating a portal to enable people on Facebook to learn which of the Internet Research Agency Facebook Pages or Instagram accounts they may have liked or followed between January 2015 and August 2017,” the company said. “This tool will be available for use by the end of the year in the Facebook Help Center.”

Certainly, this proposal is a step in the right direction, especially for a company that has been slow to divulge details of what ultimately may go down in history as one of the most extensive and effective propaganda campaigns by a foreign adversary against the United States, and also for a company that has in fact made it harder for independent researchers to investigate the problem. But is it enough? Did Facebook answer Congress’s call to notify users?

On balance, the answer is clearly no. [Continue reading…]

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Flynn’s lawyers have terminated their agreement to share information with Trump’s lawyers

The New York Times reports: Lawyers for Michael T. Flynn, President Trump’s former national security adviser, notified the president’s legal team in recent days that they could no longer discuss the special counsel’s investigation, according to four people involved in the case, an indication that Mr. Flynn is cooperating with prosecutors or negotiating such a deal.

Mr. Flynn’s lawyers had been sharing information with Mr. Trump’s lawyers about the investigation by the special counsel, Robert S. Mueller III, who is examining whether anyone around Mr. Trump was involved in Russian efforts to undermine Hillary Clinton’s presidential campaign.

That agreement has been terminated, the four people said. Defense lawyers frequently share information during investigations, but they must stop when doing so would pose a conflict of interest. It is unethical for lawyers to work together when one client is cooperating with prosecutors and another is still under investigation.

The notification alone does not prove that Mr. Flynn is cooperating with Mr. Mueller. Some lawyers withdraw from information-sharing arrangements as soon as they begin negotiating with prosecutors. And such negotiations sometimes fall apart.

Still, the notification led Mr. Trump’s lawyers to believe that Mr. Flynn — who, along with his son, is seen as having significant criminal exposure — has, at the least, begun discussions with Mr. Mueller about cooperating. [Continue reading…]

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Mike Flynn business partner Bijan Kian now subject of Mueller probe

NBC News reports: A former business associate of Michael Flynn has become a subject of Special Counsel Robert Mueller’s investigation for his role in the failure of Flynn’s former lobbying firm to disclose its work on behalf of foreign governments, three sources familiar with the investigation told NBC News.

Federal investigators are zeroing in on Bijan Kian, an Iranian-American who was a partner at the now-dissolved Flynn Intel Group, and have questioned multiple witnesses in recent weeks about his lobbying work on behalf of Turkey. The grand jury convened for the investigation will soon have a chance to question some of those witnesses, the sources say.

Mueller recently indicted former Trump campaign chairman Paul Manafort and his business partner Rick Gates simultaneously. Manafort and Gates have pleaded not guilty. Both Flynn’s and Manafort’s lobbying firms have come under investigation for failing to disclose lobbying work on behalf of foreign governments. [Continue reading…]

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Extreme digital vetting of visitors to the U.S. moves forward under a new name

ProPublica reports: The Department of Immigration & Customs Enforcement is taking new steps in its plans for monitoring the social media accounts of applicants and holders of U.S. visas. At a tech industry conference last Thursday in Arlington, Virginia, ICE officials explained to software providers what they are seeking: algorithms that would assess potential threats posed by visa holders in the United States and conduct ongoing social media surveillance of those deemed high risk.

The comments provide the first clear blueprint for ICE’s proposed augmentation of its visa-vetting program. The initial announcement of the plans this summer, viewed as part of President Donald Trump’s calls for the “extreme vetting” of visitors from Muslim countries, stoked a public outcry from immigrants and civil liberties advocates. They argued that such a plan would discriminate against Muslim visitors and potentially place a huge number of individuals under watch.

ICE officials subsequently changed the program’s name to “Visa Lifecycle Vetting.” But, according to the ICE presentation, the goal of the initiative — enhanced monitoring of visa holders using social media — remains the same. [Continue reading…]

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‘So much about working in Washington is about loyalty’

The Washington Post reports: A high-profile Washington lawyer specializing in congressional ethics said Wednesday that Rep. John Conyers Jr. (D-Mich.) harassed and verbally abused her when she worked for him on Capitol Hill in the 1990s and that her repeated appeals for help to congressional leadership were ignored.

“There was nothing I could do to stop it,” Melanie Sloan said in an interview. “Not going to leadership, not going to my boss, not going to a women’s group, not going to a reporter. I was dismissed and told I must be mentally unstable.”

Sloan, the former executive director of Citizens for Responsibility and Ethics in Washington (CREW), was hired by Conyers in 1995 as minority counsel to the House Judiciary Committee, where he served as the ranking Democrat. She held the job until 1998.

During that time, Sloan said, she witnessed and experienced behavior by Conyers similar to episodes described in claims against him that on Tuesday prompted the House Ethics Committee to open an investigation.

In addition to accusations of sexual misconduct, the claims against Conyers included “mistreatment of staff.” Sloan said she did not believe she was sexually harassed by the congressman, but she said his behavior toward her was inappropriate and abusive. She said she was speaking publicly after seeing Conyers dismiss former staff members’ accounts of misconduct.

Sloan said that Conyers routinely yelled at and berated her, often criticizing her appearance. On one occasion, she said, he summoned her to his Rayburn Building office, where she found him in his underwear.

“I was pretty taken aback to see my boss half-dressed,” she said. “I turned on my heel and I left.”

Arnold Reed, Conyers’s legal counsel, denied Sloan’s allegations and said Conyers will address complaints about his conduct after Thanksgiving. “Representative Conyers has never done anything inappropriate to Melanie Sloan,” he said.

Sloan is the first former Conyers staff member to speak on the record about the 88-year-old congressman, the longest-serving member of the House and the top Democrat on the Judiciary Committee. She said she kept quiet about the incidents for 20 years because her earlier complaints were not taken seriously. She agreed to speak about her experience with Conyers after a Washington Post reporter contacted her.

“The reason I decided to go on the record is to make it easier for other people,” she said. “People are afraid to come forward. So much about working in Washington is about loyalty, and you are supposed to shut up about these things.” [Continue reading…]

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Congressman, on tape, threatened woman he would report her to Capitol Police

The Washington Post reports: In the 2015 phone call, [Rep. Joe] Barton confronted the woman [to whom he had sent sexually explicit photos, videos and messages] over her communications with the other women [who engaged in relationships with Barton], including her decision to share explicit materials he had sent. In that context, he mentioned the Capitol Police, a comment the woman interpreted as an attempt to intimidate her.

“I want your word that this ends,” he said, according to the recording, adding: “I will be completely straight with you. I am ready if I have to, I don’t want to, but I should take all this crap to the Capitol Hill Police and have them launch an investigation. And if I do that, that hurts me potentially big time.”

“Why would you even say that to me?” the woman responded. “The Capitol Hill police? And what would you tell them, sir?”

Said Barton: “I would tell them that I had a three-year undercover relationship with you over the Internet that was heavily sexual and that I had met you twice while married and had sex with you on two different occasions and that I exchanged inappropriate photographs and videos with you that I wouldn’t like to be seen made public, that you still apparently had all of those and were in position to use them in a way that would negatively affect my career. That’s the truth.”

In a statement late Wednesday, Barton said a transcript of the recording provided by The Post may be “evidence” of a “potential crime against me.” [Continue reading…]

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Kushner wonders whether Mueller’s probe will ‘get the president?’

Gabriel Sherman writes: As [Jared] Kushner’s Russia troubles mount—last Friday the Senate disclosed that he had not turned over e-mails about WikiLeaks, a claim his attorney, Abbe Lowell, denied—insiders are again speculating, as my colleague Emily Jane Fox reported last month, about how long Kushner and Ivanka Trump will remain in Washington. Despite Kushner’s efforts to project confidence about Robert Mueller’s probe, he expressed worry after the indictments of Paul Manafort and Rick Gates about how far the investigation could go. “Do you think they’ll get the president?” Kushner asked a friend, according to a person briefed on the conversation.

According to two Republicans who have spoken with Trump, the president has also been frustrated with Kushner’s political advice, including his encouragement to back losing Alabama G.O.P. candidate Luther Strange and to fire F.B.I. Director James Comey, which Kushner denies. (For what it’s worth, Kushner’s choice of Strange prevented Trump from the embarrassment of inadvertently supporting Roy Moore.) Trump, according to three people who’ve spoken to him, has advocated for Jared and Ivanka to return to New York in part because they are being damaged by negative press. “He keeps pressuring them to go,” one source close to Kushner told me. But as bad as the Russia investigation may be, it’s not clear a New York homecoming would be much better for Kushner, given that his family’s debt-ridden office tower at 666 Fifth Avenue could be headed for bankruptcy. [Continue reading…]

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Mueller probes Jared Kushner’s contacts with foreign leaders

The Wall Street Journal reports: Robert Mueller’s investigators are asking questions about Jared Kushner’s interactions with foreign leaders during the presidential transition, including his involvement in a dispute at the United Nations in December, in a sign of the expansive nature of the special counsel’s probe of Russia’s alleged meddling in the election, according to people familiar with the matter.

The investigators have asked witnesses questions about the involvement of Mr. Kushner, President Donald Trump’s son-in-law and a senior White House adviser, in a controversy over a U.N. resolution passed Dec. 23, before Mr. Trump took office, that condemned Israel’s construction of settlements in disputed territories, these people said.

Israeli officials had asked the incoming Trump administration to intervene to help block it. Mr. Trump posted a Facebook message the day before the U.N. vote—after he had been elected but before he had assumed office—saying the resolution put the Israelis in a difficult position and should be vetoed.

Mr. Trump also held a phone conversation with Egyptian President Abdel Fattah Al Sisi, whose government had written a draft of the resolution. Egypt proceeded to call for the vote to be delayed, but the resolution passed the following day, with then-President Barack Obama’s administration declining to block it.

Israeli officials said at the time that they began reaching out to senior leaders in Mr. Trump’s transition team. Among those involved were Mr. Kushner and political strategist Stephen Bannon, according to people briefed on the exchanges.

The White House referred questions to Mr. Kushner’s attorney, Abbe Lowell, and to a White House lawyer.

The motivation for the Mueller team’s questions about the U.N. is unclear. [Continue reading…]

It seems likely that the focus here is not the legality of these diplomatic exchanges but instead a pattern of deception — Kushner’s apparent habit of withholding information and providing false or deceptive answers while being questioned under oath.

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Russia regarded Rep. Dana Rohrabacher as an intelligence source worthy of a Kremlin code name

The New York Times reports: For two decades, Representative Dana Rohrabacher has been of value to the Kremlin, so valuable in recent years that the F.B.I. warned him in 2012 that Russia regarded him as an intelligence source worthy of a Kremlin code name.

The following year, the California Republican became even more valuable, assuming the chairmanship of the Foreign Affairs subcommittee that oversees Russia policy. He sailed to re-election again and again, even as he developed ties to Vladimir V. Putin’s Russia.

Then came President Trump.

As revelations of Russia’s campaign to influence American politics consume Washington, Mr. Rohrabacher, 70, who had no known role in the Trump election campaign, has come under political and investigative scrutiny. The F.B.I. and the Senate Intelligence Committee are each seeking to interview him about an August meeting with Julian Assange, the founder of WikiLeaks, Mr. Rohrabacher said. The special counsel, Robert S. Mueller III, is said to be interested in a meeting he had last year with Michael T. Flynn, Mr. Trump’s short-lived national security adviser.

At the same time, fellow Republicans — questioning his judgment and intentions — have moved to curtail his power as chairman of the Foreign Affairs subcommittee on Europe, Eurasia and Emerging Threats. And back home in Southern California, where Democrats and Republicans alike smell blood, the 15-term congressman is facing his toughest re-election contest in decades, with well-funded candidates from both parties lining up to unseat him. [Continue reading…]

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Homeland Security appears to be slow-walking critical report from its own Inspector General on confusion caused by Trump’s Muslim ban

Politico reports: The Department of Homeland Security’s official watchdog is accusing his own agency of slow-walking the public release of a report about confusion that ensued earlier this year after President Donald Trump issued his first travel ban executive order.

The still-unreleased inspector general report found that senior managers at Customs and Border Protection were “caught by surprise” by Trump’s order and that agency officials “violated two court orders” limiting implementation of Trump’s directive to suspend travel to the U.S. by citizens of seven majority-Muslim countries, according to a letter sent to lawmakers Monday and obtained by POLITICO.

The report’s conclusions appear to be sharply in tension with the picture the White House tried to paint of the execution of Trump’s Jan. 27 order, which led to confusion throughout the air travel system, protests at airports and delays at ports of entry to the U.S.

“It really is a massive success story in terms of implementation on every single level,” a senior administration official told reporters two days after Trump ordered the move.

The unusual missive to Congress on Monday from Inspector General John Roth said his 87-page report was sent to DHS leadership Oct. 6, but officials have declined to authorize its release over the past six weeks. [Continue reading…]

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ICC prosecutor seeks probe into war crimes allegations against U.S. military, CIA in Afghanistan

The Washington Post reports: The chief prosecutor of the International Criminal Court on Monday formally requested authorization to investigate the U.S. military and CIA for alleged war crimes and crimes against humanity in Afghanistan.

Fatou Bensouda, a Gambian jurist who has been the ICC’s chief prosecutor since 2012, confirmed earlier suspicions that the United States would be implicated in the probe. The decision marks the first time the ICC under Bensouda will investigate American forces and operatives.

In a statement, Bensouda clarified that alleged “war crimes by members of the United States armed forces” and “secret detention facilities in Afghanistan” used by the CIA justified the court’s investigation. Earlier this month, she had announced that “there is a reasonable basis to believe that war crimes and crimes against humanity have been committed” in Afghanistan but had declined to specify by whom.

On Monday, she named the U.S. armed forces and the CIA among a roster of probe targets that also included the Taliban and its affiliated Haqqani network, as well as the Afghan National Security Forces. [Continue reading…]

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After the liberation of Mosul, an orgy of killing

The intrepid, Ghaith Abdul-Ahad, writes: One hot and sticky evening in July, in the dying days of the battle for Mosul, a group of Iraqi army officers sat for dinner in a requisitioned civilian house not far from the ruins of the mosque where, three years earlier, the leader of Islamic State had announced the creation of a new caliphate.

At the head of the table sat the commander, large and burly, flanked by his two majors. The rest of the officers were seated according to rank, with the youngest officers placed at the far end. The commander, who was trying to lose weight, had banned his cook from serving meat at mealtimes, but tonight was a special occasion. The day before, his unit had liberated another block of streets in the Old City without suffering any casualties. In celebration, a feast of bread soaked in okra stew, and roasted meat shredded over heaps of rice flavoured with nuts and raisins, was laid out on a white plastic table.

Over the previous eight months, since the commander and his men had started fighting in Mosul, the caliphate had shrunk to a tiny sliver of the Old City squeezed between the River Tigris and advancing columns of army and police forces. Thousands of Isis fighters, who captured the city in 2014, were now trapped, living without running water or electricity, with dwindling supplies of food and medicine, being bombed day and night by US drones and jets. Caught in the siege with them were thousands of civilians. The few who were managing to escape came out filthy, emaciated and crazed by thirst and the constant bombing.

The officers at dinner that night were all veterans of the war against Isis, but nothing in their long years of fighting compared to what they had experienced over the past few weeks in Mosul, one of the fiercest urban battles since the second world war. They fought in narrow alleyways, old stone houses and dense networks of tunnels and basements. Their advance was sometimes measured in metres, and their casualties were mounting.

“We have one more battle and Mosul will be fully liberated, inshallah,” the commander said as he tucked into his meal. A captain who was still limping from a recent injury said: “Our fathers used to talk about the Iran-Iraq war as the ‘long war’. That one lasted for eight years. Well, soon this war against Isis will surpass it.”

Laughing, the commander asked the officers to open the military maps on their phones and proceeded to explain the plan for the next day’s advance. “You jump into this building, make a fire base here and here at street corners,” he said, giving them the coordinates of the street. “You advance towards this high building. Your flanks will be secured by other units. Once you take the building, you will dominate the whole area with your snipers and we can reach the river in few hours.”

Before leaving, a wiry junior officer named Taha asked the commander: “Sir, what do we do with the two detainees?” The prisoners had crossed the frontlines the night before and taken shelter with a civilian who denounced them to the army. “We tried to hand them to the intelligence service, but they refused to take them.”

“Yes,” the commander said, “they told me: ‘You deal with detainees from your end. We can’t hold them because of human rights and Red Cross inspections.’”

“We worked on them all night,” said the junior officer. “One eventually confessed that he was with Daesh [Isis], but he said he left them two months ago.” At that, everyone in the room laughed. “The other,” the junior officer continued, “we beat him hard but he didn’t confess, so I think he must be innocent.”

“Just finish them,” said a major.

“Release one and finish the other,” the commander said.

The sentence issued, now came the question of who would be bestowed with the honour of executing an Isis fighter. Kifah, a tall and lean soldier, stood next the table and asked to be given the prisoner. But the junior officer suggested that they gift the prisoner to a captain who was still grieving the loss of his brother, killed by Isis a month ago. [Continue reading…]

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Why BuzzFeed teamed with a far-right figure to break the John Conyers scandal

Paul Farhi writes: Journalism can make for strange bedfellows. Case in point: BuzzFeed and Mike Cernovich.

Cernovich — a controversial far-right figure who has promoted blatantly false conspiracy theories, such as the discredited “Pizzagate” hoax — was the source of a big BuzzFeed scoop Monday night. The popular news and features website reported that legendary liberal Rep. John Conyers Jr. (D-Mich.) made repeated sexual advances toward female staffers and secretly reached a financial settlement with one accuser. The story was based largely on documents and affidavits supplied by Cernovich to BuzzFeed’s reporters.

The BuzzFeed-Cernovich connection is odd, to say the least — something like Michael Moore dropping damning info about President Trump to Fox News. Even that doesn’t quite capture the jagged journalistic history of Cernovich, whom “60 Minutes” described earlier this year in a story about fake news as “a magnet for readers with a taste for stories with no basis in fact.”

The agreement between Cernovich and Buzzfeed appears to have come with a hidden facet: Cernovich acquired the congressional documents after offering to pay $10,000 for them. [Continue reading…]

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