Karen Greenberg on the making of the modern security state

Brian O’Neill writes: For people not intimately involved in national security debates, and who haven’t closely followed how we arrived at the modern security state, the decade-and-a-half following the surreal terror of September 11 have felt like an unmoored drift, a country floating aimlessly, if recklessly, down a river of indecision. The internet’s rising ubiquity, followed by the dominance of social media, allowed many of us to unwittingly shrug off privacy concerns, while simultaneously ignoring others’ indefinite detention, the torture of strangers, and sky-borne assassination overseas, until we looked around and the sky was speckled with revelations. It’s easy to feel like the new relationship we have with our government “only just happened.”

In Rogue Justice, Karen Greenberg, the director of the Center on National Security at Fordham University School of Law, puts that feeling of aimless drift mostly to rest. This detailed and meticulously researched book shows how the willingness to make every citizen a suspect, and to give the executive branch immense powers to surveil, detain, torture, and murder were not just a product of collective fear and indifference, but the deliberate actions of a surprisingly small group of people. I say “mostly” because the decisions were made by officials within the Bush and (to a lesser extent) Obama administrations, but they were also enabled by the assumed (and granted) complicity of many others.

This complicity came from careerists worried about rocking the boat, politicians in both parties worried about being painted as weak on terror (with notable and noble exceptions), and to an uncomfortable extent, the general public. The terrorist attacks in 2001 made everyone realize that anyone could be a target, but we didn’t see — or didn’t want to see — that in a very real way, we also became a target of the government. Many of the policies enacted in the wake of 9/11 made everyone a suspect as much as a target. Through official secrecy aided by general indifference, we allowed ourselves to be passively dragooned into being on both sides of a war. [Continue reading…]

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Guantánamo lawyers deny colluding with judge in key 9/11 case

The Guardian reports: The military lawyers prosecuting the self-proclaimed architect of the 9/11 attacks have struck back against accusations that they colluded with a military judge to destroy evidence relevant to Khalid Sheikh Mohammed’s defense.

In the latest sign that the US’s premier military commission at Guantánamo Bay is becoming what one observer likened to a “schoolyard brawl”, the prosecutors said Mohammed’s attorneys had cynically pursued a “scorched-earth litigation strategy” that involves “batter[ing] the reputation” of the army colonel presiding over the case.

In a 24 May military commissions filing recently unsealed to the public, the prosecution accuses Mohammed’s defense team of bad faith and shoddy lawyering and says the true goal of its counterparts was to destroy the credibility of the controversial military trial system.

Yet in the filing, the chief commissions prosecutor, Brigadier General Mark Martins, and his team elide the central charge in the controversy: the destruction of evidence in a death penalty case.

Last month, Mohammed’s attorneys leveled the extraordinary allegation that military judge and army colonel James Pohl had secretly issued an order permitting the government to destroy evidence that he had earlier publicly agreed to preserve. While extensive classification rules render central facts in the case difficult to conclusively determine, other rulings suggest the evidence in question concerns Mohammed’s torture by the CIA at secret prisons. [Continue reading…]

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The FBI is keeping 80,000 secret files on the Saudis and 9/11

The Daily Beast reports: The Obama administration may soon release 28 classified pages from a congressional investigation that allegedly links Saudis in the United States to the 9/11 attackers. A former Republican member of the 9/11 Commission alleged Thursday that there was “clear evidence” of support for the hijackers from Saudi officials.

But in Florida, a federal judge is weighing whether to declassify portions of some 80,000 classified pages that could reveal far more about the hijackers’ Saudis connections and their activities in the weeks preceding the worst attack on U.S. soil.

The still-secret files speak to one of the strangest and most enduring mysteries of the 9/11 attacks. Why did the Saudi occupants of a posh house in gated community in Sarasota, Florida, suddenly vanish in the two weeks prior to the attacks? And had they been in touch with the leader of the operation, Mohamed Atta, and two of his co-conspirators?

No way, the FBI says, even though the bureau’s own agents did initially suspect the family was linked to some of the hijackers. On further scrutiny, those connections proved unfounded, officials now say.

But a team of lawyers and investigative journalists has found what they say is hard evidence pointing in the other direction. Atta did visit the family before he led 18 men to their deaths and murdered 3,000 people, they say, and phone records connect the house to members of the 9/11 conspiracy. [Continue reading…]

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Bob Graham: Release the uncensored truth about 9/11

Former senator Bob Graham writes: Nearly 15 years after the horrific events of 9/11, President Obama must decide whether to release 28 pages of information withheld as classified from the publicly released report of the congressional inquiry into the terrorist attacks that killed thousands of Americans.

On April 10, the CBS program “60 Minutes” aired a story about the missing 28 pages. I was one of several former public officials — including former House Intelligence Committee chairman and CIA director Porter Goss (R-Fla.) ; Medal of Honor recipient and former senator Bob Kerrey (D-Neb.); former Navy secretary John Lehman; and former ambassador and representative Tim Roemer (D-Ind.) — who called on the White House to declassify and release the documents.

Two days after that broadcast, I received a call from a White House staff member who told me that the president would make a decision about the 28 pages no later than June. While that official made no promises as to what Obama would do, I viewed the news as a step in the right direction. [Continue reading…]

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Obama’s last chance to end the ‘forever war’

Jennifer Daskal writes: The United States is fighting an unauthorized war. Over the past 19 months, American forces have launched more than 8,800 strikes against the Islamic State in Iraq and Syria and hit the group’s affiliate in Libya. The United States continues aerial assaults against Al Qaeda in the Arabian Peninsula in Yemen, is going after militants in Afghanistan and Pakistan, and killed more than 150 suspected Shabab fighters in Somalia just last month.

This war isn’t limited to drone strikes or aerial bombings. It includes Special Operations forces in Iraq, Syria and Afghanistan — and possibly elsewhere. This past weekend, President Obama announced that he would send an additional 250 such troops to Syria.

The primary legal authority for these strikes and deployments comes from the 60-word Authorization for Use of Military Force, passed almost a decade and a half ago. In the days after Sept. 11, 2001, President George W. Bush asked for an open-ended authorization to fight all future acts of terrorism. Wisely, Congress rejected that request, though it did give the president authority to use force against those responsible for the Sept. 11 attacks, Al Qaeda, and those that harbored them, the Taliban.

Today, the Taliban no longer rules Afghanistan, Osama bin Laden has been killed and the other key participants in the Sept. 11 attacks are either locked up or dead. But the old authorization lives on. [Continue reading…]

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Senator says he may back bill exposing Saudis to 9/11 lawsuits

The New York Times reports: A bill opposed by the Obama administration that would expose Saudi Arabia to legal jeopardy for any role in the Sept. 11 attacks appeared to gain momentum on Tuesday when the senator holding it up said he would be open to supporting it.

Senator Lindsey Graham, Republican of South Carolina, said in an interview on Tuesday that he would drop his opposition to the bill — predicting it could pass the Senate next week — if the sponsors of the legislation agreed to changes that he believed were important to protect American interests abroad. He did not specify what changes he was requesting.

“The goal is to bring people to justice who have been involved in terrorism,” Mr. Graham said. But he added, “I don’t want Americans to be held liable because of one bad actor in some embassy somewhere.” [Continue reading…]

The Daily Beast reports: There’s a major push in Congress right now for a bill that could hold the government of Saudi Arabia legally responsible for the 9/11 attacks. U.S. military and counterterrorism officials now leading the fights against al Qaeda and ISIS think that bill is a terrible idea.

“We don’t need this debate right now,” one defense official said, like others speaking on condition of anonymity because they’re not authorized publicly to criticize the bill, known as the Justice Against Sponsors of Terrorism Act. Saudi officials have lobbied hard against the bill, telling members of the Obama administration, lawmakers, and journalists that the Saudi government has been a stalwart ally with the U.S. and was fighting al Qaeda years before it ever attacked American soil.

That message is resonating inside the Pentagon and in U.S. national security circles. Two former officials, who likewise declined to comment on the record about the bill, said it represented a troubling insertion of politics at a key point in the war against ISIS and would distract from a shared goal of combatting Islamic extremism. [Continue reading…]

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Saudi Arabia threatens economic fallout if Congress passes 9/11 bill

The New York Times reports: Saudi Arabia has told the Obama administration and members of Congress that it will sell off hundreds of billions of dollars’ worth of American assets held by the kingdom if Congress passes a bill that would allow the Saudi government to be held responsible in American courts for any role in the Sept. 11, 2001, attacks.

The Obama administration has lobbied Congress to block the bill’s passage, according to administration officials and congressional aides from both parties, and the Saudi threats have been the subject of intense discussions in recent weeks between lawmakers and officials from the State Department and the Pentagon. The officials have warned senators of diplomatic and economic fallout from the legislation.

Adel al-Jubeir, the Saudi foreign minister, delivered the kingdom’s message personally last month during a trip to Washington, telling lawmakers that Saudi Arabia would be forced to sell up to $750 billion in treasury securities and other assets in the United States before they could be in danger of being frozen by American courts. [Continue reading…]

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Does it take 8 years to decide whether to declassify 28-pages of 9/11 report?

The Daily Beast reports: By the end of President Obama’s term in office, the administration hopes to decide whether to declassify a controversial portion of Congress’ investigation into the 9/11 attacks, the White House said Tuesday. The so-called “28 pages,” which have never been publicly released, are said to implicate Saudi government officials and civilians in the deadliest act of terrorism on U.S. soil.

The administration had directed a “declassification review” of the material from the Joint Congressional Inquiry into the terrorist attacks in 2014. Former lawmakers who have read the classified pages say they describe a financial and logistical support network for the 19 hijackers, most of them Saudi citizens, while they were in the U.S. The report was released in December 2002.

“That review process remains underway, but every effort is being taken to complete it before the end of the Administration,” Ned Price, the spokesperson for the National Security Council, told The Daily Beast in a statement. [Continue reading…]

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Time to declassify 28 redacted pages of a report that holds 9/11 secrets

60 Minutes reports: In 10 days, President Obama will visit Saudi Arabia at a time of deep mistrust between the two allies, and lingering doubts about the Saudi commitment to fighting violent Islamic extremism.

It also comes at a time when the White House and intelligence officials are reviewing whether to declassify one of the country’s most sensitive documents — known as the “28 pages.” They have to do with 9/11 and the possible existence of a Saudi support network for the hijackers while they were in the U.S. [Continue reading…]

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No, America isn’t 100 percent safe from terrorism. And that’s a good thing

Juliette Kayyem writes: Admit it. After the terrorist attacks in Brussels this past week, after the brief reflection for those lost or wounded and the sense of “oh, no, not again” passed, other thoughts quickly followed. My own selfish but natural worry, as a mother of three: Should we cancel that trip to Europe this summer?

In the nearly 15 years since 9/11, the questions I’ve fielded from family and friends have varied but never ceased: Should I buy a gun? (Only with training and safety measures at home, and certainly not to combat Islamic terrorists.) Is Times Square safe on New Year’s Eve? (Like every crowd scene, you have to stay alert, but security is high at events like that.) Or my personal favorite, because it combines parental insecurities with disaster management: Is Tulane a good school so many years after Hurricane Katrina? (Yes; it had a few rough months, but your kid should still apply.)

All these queries about a world in mayhem boil down to: Is my family safe? The answer is both simple and liberating: No, not entirely. America was built vulnerable, and thank goodness for that. [Continue reading…]

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A CIA grunt’s tale of the fog of secret war

The New York Times reports: In Douglas Laux’s final days as a C.I.A. officer, the futility of his mission prompted him to quote George Orwell to his boss.

Mr. Laux had spent months in 2012 working with various Middle Eastern nations that were trying to ship arms to Syria to help disparate rebel groups there. But it had become clear to him that the C.I.A had little ability to control the squabbling and backstabbing among the Saudis, Qataris and other Arabs.

He told a senior C.I.A. officer he felt like Winston Smith, the character in “1984” known for his fatalism, because he was carrying out his work without comprehending the politics and competing agendas thwarting progress in aiding the rebellion. “I understand the how,” Mr. Laux said, paraphrasing one of Smith’s famous lines. “I do not understand the why.”

It is a sentiment that might sum up much of Mr. Laux’s career at the C.I.A., an organization he served for eight years as an undercover case officer and soldier in the agency’s shadowy conflicts overseas. His career at the agency began with a tour at a remote firebase in southern Afghanistan and ended with a spot on the agency’s Syria Task Force — a life in war zones that is emblematic of the lives of a large cadre of American spies who joined the C.I.A. after the Sept. 11 terrorist attacks. He left the agency three years ago, but is speaking publicly about his experiences there for the first time in conjunction with the release of a memoir. [Continue reading…]

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Trump says that after 9/11 Bush should have ‘just gone to the beach and enjoyed the ocean and the sun’

In an interview with the New York Times, Donald Trump said: Every bad decision that you could make in the Middle East was made. And now if you look at it, if you would go back 15 years ago, and I’m not saying it was only Obama, It was Obama’s getting out, it was other people’s getting in, but you go back 15 years ago, and I say this, if our presidents would have just gone to the beach and enjoyed the ocean and the sun, we would’ve been much better off in the Middle East, than all of this tremendous death, destruction, and you know, monetary loss, it’s just incredible. ’Cause we’re further, we’re far worse off today than we were 15 years ago or 10 years ago in the Middle East. Far worse. [Continue reading…]

Maybe the trip to the beach should have been preceded by some national mourning, cleaning up the attack sites, and improving airline security, but who can argue with Trump’s colorfully expressed conclusion that the war on terrorism has been an utter failure?

On the international front, the urgent priorities after 9/11 should have been to isolate al Qaeda by putting pressure on the Taliban, Pakistan, and Saudi Arabia.

Bush’s principle problem was that he had surrounded himself with the wrong people — and there’s every reason to believe that is exactly what Trump would do too.

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Brussels terror suspect was jailed over Ahmad Shah Massoud assassination, just before 9/11

Khamma Press reports: The coordinated terror attacks in Brussels has unveiled new information regarding the assassination of a key jiahdi leader in Afghanistan as a terror suspect who was arrested by police in Brussels after a dramatic stand-off at a tram stop is believed to have previously been jailed for helping to assassinate an Afghan leader just days before 9/11.

The suspect has been identified as Abderaman A who was shot in the leg at the tram stop in Schaerbeek because he was carrying a rucksack police believed contained a bomb.

Massoud was the arch rival of the Taliban group and was holding the last strategic stronghold in northern Panjsher province as he was assassinated in a suicide attack during an interview by militants who had disguised themselves as journalists.

He was killed shortly before the deadly terrorist attack on New York and Washington and shortly after he paid a visit to Brussels where he issued warnings regarding the terror attack plots by al-Qaeda terrorist network.

In his speech in European Pearliament in April 2001 Massoud “warned the US government” about bin Laden as he was on a diplomatic trip to Europe seeking financial support for his cause from the EU and individual countries. [Continue reading…]

The Daily Mail reports: Osama bin Laden is widely believed to have ordered Massoud’s killing as a favour to the Taliban, whose protection would be critical after the 9/11 attacks.

Passports found on Mr Masood’s killers were linked to a Brussels-based militant cell run by Tarek Maaroufi.

Ameroud was handed a sentence of seven years when he went on trial for his part in the assassination at a court in Paris in 2005. [Continue reading…]

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What the CIA knew about the 9/11 hijackers — before 9/11 — and concealed from the FBI

This 2016 short documentary by Alex Gibney is based on a 2006 article, “The Agent,” by Lawrence Wright.

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Marwan Bishara: Is America at war with Islam?

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