The Pronk Pops Show 970, September 22, 2017: Breaking Story 1: Rocket Man Kim Jong-Un Promises To Explode Hydrogen Bomb Over Pacific Ocean — Story 2: The Democratic and Republican Party Failure To Completely Repeal Obamacare Including Repealing The Patient Protection and Affordable Care Act (ACA) and All Related Mandates, Regulations, Taxes, Spending and Subsidies — Obamacare Collapsing — Replace Obamacare With Free Enterprise Market Capitalism Health Insurance — Keep The Federal Government Out Of The Health Insurance and Health Care Business — Videos — Story 3: Obama’s Secret Surveillance Spy State Scandal — Misuse of Intelligence Community For Political Purposes — Gross Abuse of Power and Political Conspiracy — Violation of Fourth Amendment — Videos —

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Breaking Story 1: Rocket Man Kim Jong-Un Promises To Explode Hydrogen Bomb Over Pacific Ocean —

North Korea Threatens Nuclear Test in the Pacific Ocean

What could happen if NKorea tests hydrogen bomb over ocean?

Kim Jong-un makes unprecedented statement at Trump as N. Korea suggests future …

Panel on Kim Jong Un Calls President Trump ‘Dotard’ and ‘Frightened Dog’ #DonaldTrump #NorthKorea

“Rocket Man” : North Korea’s Kim Jong Un Calls President Trump ‘a Frightened Dog’ and ‘Dotard’

Putin warns US, North Korea on verge of conflict

Hydrogen Bomb vs. Atomic Bomb: What’s The Difference?

North Korea nuclear test: Hydrogen bomb ‘missile-ready’ – BBC News

Fareed Zakaria on North Korea hints at detonating H-Bomb in Pacific. #Breaking #FareedZakaria

LGM-30 Minuteman Launch – ICBM

Why Is It So Hard to Build an ICBM?

Why North Korea Can’t Build An ICBM (yet)

 

People in Pyongyang, North Korea, watched a television broadcast on Friday of Kim Jong-un’s response to President Trump’s speech at the United Nations. CreditEd Jones/Agence France-Presse — Getty Images

SEOUL, South Korea — North Korea has long cultivated an image of defiant belligerence, punctuating its propaganda and diplomacy with colorful threats, insults and bluster. But by addressing President Trump in a personal statement on Friday, the nation’s leader, Kim Jong-un, has pushed his government’s brinkmanship to a new, potentially more perilous level.

In a statement written in the first person, published on the front pages of state newspapers and read on national television, Mr. Kim called Mr. Trump a “mentally deranged U.S. dotard” who had “denied the existence of and insulted me and my country in front of the eyes of the world.”

Mr. Kim vowed to take the “highest level of hard-line countermeasure in history.”

In a country where the leader is essentially portrayed as a god, Mr. Kim’s decision to respond personally to Mr. Trump’s speech to the United Nations General Assembly and pledge reprisals escalated the standoff over the North’s nuclear program in a way that neither he nor his predecessors had done before.

Though the statement made no mention of nuclear weapons, in the context of a political system built on a cult of personality, Mr. Kim’s intervention appeared to sharply reduce the possibility that his government might retreat or compromise, even in the face of war.

Mr. Kim condemned Mr. Trump’s threat to “totally destroy” North Korea if the United States is forced to defend itself, and he declared that it had “convinced me, rather than frightening or stopping me, that the path I chose is correct and that it is the one I have to follow to the last.”

Mr. Ri could not have made such an alarming comment without approval from Mr. Kim, although some analysts question whether North Korea has the technology or political daring to conduct an atmospheric nuclear test, something the world has not seen for decades.

Mr. Trump responded on Friday by further personalizing the dispute. On Twitter, the president pronounced Mr. Kim to be “obviously a madman.”

North Korea has often issued statements in the names of its government and its People’s Army, and since taking power in late 2011, Mr. Kim has delivered an annual New Year’s Day speech. But Friday’s statement was the first by Mr. Kim directed openly at a foreign head of state. Mr. Kim’s father and grandfather, who ruled North Korea before him, never made such a statement, South Korean officials said.

In effect, Mr. Kim, whose cultlike leadership rests upon his perceived daring toward North Korea’s external enemies, has turned the nation’s standoff with the United States into a personal duel with Mr. Trump, analysts said.

The North Korean news media carried photographs of Mr. Kim sitting in his office and reading his statement, but his voice was not broadcast. On the country’s state-run Central TV, a female announcer read his statement.

“This is totally unprecedented,” said Paik Hak-soon, a longtime North Korea analyst at the Sejong Institute, a think tank outside Seoul, referring to Mr. Kim’s statement. “The way North Korea’s supreme leadership works, Kim Jong-un has to respond more assertively as its enemy gets more confrontational, like Trump has.

“There is no backing down in the North Korean rule book,” Mr. Paik said. “It’s the very core of their leadership identity and motive.”

Until now, Mr. Kim himself has appeared to refrain from personal attacks on the American president, even as Mr. Trump has called him a “maniac,” a “total nut job,” and, most recently, “Rocket Man.”

On Friday, Mr. Kim said he took Mr. Trump’s latest assault personally and accused him of making “the most ferocious declaration of a war in history.”

Mr. Kim also suggested Mr. Trump’s belligerent rhetoric signaled American weakness rather than resolve. “A frightened dog barks louder,” he said.

Koh Yu-hwan, a professor of North Korean studies at Dongguk University in Seoul, said that Mr. Kim, faced with Mr. Trump’s threat of annihilation, could respond only with equal force.

“When Trump stood before the United Nations General Assembly and threatened to totally destroy his country, Kim Jong-un had to take that as the United States telling the world of its intention for possible military action,” Mr. Koh said. “He had to respond in kind, launching the same kind of verbal bombs.”

Analysts said that by putting his reputation on the line with his statement, Mr. Kim was now far more unlikely to stand down. Instead, his government was likely to conduct more nuclear and missile tests, they said.

“Trump shot himself in the foot with his unabashedly undiplomatic United Nations General Assembly speech,” said Lee Sung-yoon, a Korea expert at the Fletcher School of Law and Diplomacy at Tufts University. “By threatening to totally destroy North Korea, he created the impression around the world that it is actually the United States — instead of North Korea — that’s motivated by aggression. In effect, Trump gave Kim Jong-un a freebie for another major provocation. Kim will oblige, and claim that it was in ‘self-defense’ against Trump’s unnerving threats.”

Daryl G. Kimball, executive director of the Arms Control Association, compared the Korean standoff to the October 1962 crisis over Soviet missiles in Cuba, urging the United Nations secretary general, António Guterres, to convene the six parties that were previously involved in talks on denuclearizing the Korean Peninsula — China, Japan, North Korea, Russia, South Korea and the United States — to discuss reducing fever-pitch tensions.

“We are in a cycle of escalation that leads to a very bad end,” Mr. Kimball said.

North Korea has conducted all of its six nuclear tests within deep underground tunnels to diminish the spread of radioactive materials, and has stepped up the pace of its missile tests. Some analysts fear that the next step might be for North Korea to try to prove that it can deliver a nuclear warhead on a long-range missile, no matter how dangerous and provocative that might be.

It has been 37 years since any nation tested a nuclear weapon in the planet’s atmosphere, reflecting the nearly universal opposition to such tests over fears of the effects of radioactive fallout on human health and the environment. The last atmospheric test took place in 1980, when China fired what experts believed to be a nuclear-tipped ballistic missile into a desert salt flat more than 1,300 miles west of Beijing.

Mr. Trump addressing the United Nations General Assembly on Tuesday. CreditChang W. Lee/The New York Times

Shin Beom-chul, a security expert at the government-run Korea National Diplomatic Academy in Seoul, said that even if North Korea wanted to conduct an atmospheric nuclear test in the Pacific, it did not have the ability to dispatch test-monitoring ships to the open ocean while the United States military was on the prowl.

Mr. Shin said North Korea probably would not risk the radioactive fallout and other grave dangers involved in a nuclear missile test. The country has yet to master the technologies needed to prevent the warhead at the tip of its long-range ballistic missile from burning up while re-entering Earth’s atmosphere, South Korean officials said.

“What if the nuclear missile goes wrong midflight and detonates over Japan? It would mean a nuclear war,” Mr. Shin said. “More likely, North Korea will graduate its provocations, as if moving on steppingstones.”

Analysts said North Korea had been escalating tensions in stages in what they called a “salami tactic,” as in slice by slice.

Kim Dong-yub, a defense analyst at the Seoul-based Institute for Far Eastern Studies of Kyungnam University, said that North Korea would probably try to disprove skeptics in the West over its ability to strike long-range targets by firing its Hwasong-14 intercontinental ballistic missile over Japan and farther into the Pacific — but without a nuclear payload.

Some analysts said the North Korean leader was acting more defensively than offensively, with his threats aimed at forcing the Trump administration to ease sanctions. On Thursday, Mr. Trump issued an executive order empowering his government to punish international banks and other entities that trade with North Korea.

But other analysts warned that North Korea’s determination to improve its nuclear capabilities — and act offensively — had long been underestimated.

“If we follow what North Korea has been doing, it will be almost certain that it will fire its missile sooner or later to demonstrate an ICBM range,” Mr. Kim, the Kyungnam University analyst, said. “I don’t think the missile will carry a nuclear warhead, but I can’t shake off the fear that it might, because North Korea has time and again carried things beyond my expectation.”

Story 2: Obamacare Collapsing– American People Be Damned — Democratic and Republican Parties Fail To Completely Repeal Obamacare Including Repealing Patient Protection and Affordable Care Act (ACA) and All Related Mandates, Regulations, Taxes, Spending and Subsidies — Replace Obamacare With Free Enterprise Market Capitalism Health Insurance — Keep The Federal Government Out Of The Health Insurance and Health Care Business — Videos

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Graham-Cassidy Will Probably Fail. McCain and Paul Announce No Votes

BREAKING NEWS: McCain kills Obamacare repeal for a second time and announces he’ll oppose his p…

Rand Paul a No Vote on Graham-Cassidy HC Bill. He Explains

RAND PAUL FULL ONE-ON-ONE EXPLOSIVE INTERVIEW WITH MARTHA MACCALLUM (9/18/2017)

Rand Paul Goes Off On Obamacare “Repeal”

Senator: Graham-Cassidy not an Obamacare repeal

Senator Rand Paul (R-KY) On Latest Obamacare Effort: This Is Not Repeal – The Five

RAND PAUL FULL ONE-ON-ONE EXPLOSIVE INTERVIEW WITH NEIL CAVUTO (9/14/2017)

 

Paul: ‘I won’t be bribed or bullied’ on repeal vote

Sen. Rand Paul (R-Ky.) pushed back on Friday against pressure from President Trump to vote for a last-ditch GOP effort in the Senate to repeal and replace the Affordable Care Act, saying that he “won’t be bribed or bullied.”

In an early-morning tweet, Trump warned Paul that if he failed to vote for Sens. Lindsey Graham (R-S.C.) and Bill Cassidy‘s (R-La.) health-care proposal, he would forever be known as “‘the Republican who saved ObamaCare.'”

But in a series of tweets following the president’s post, Paul contended that the Graham-Cassidy measure does not fulfill the GOP’s longtime promise to repeal the ACA, and ultimately keeps ObamaCare’s taxes and spending.

The Graham-Cassidy measure revives the GOP’s efforts to repeal and replace parts of the ACA after a slimmed-down repeal bill failed in July. It seeks to end ObamaCare’s insurance subsidies and the Medicaid expansion, and instead convert those pots of money to block grants for the states.

The new proposal needs at least 50 votes to pass the Senate with a tie-breaking vote from Vice President Pence, and backers are scrambling to round up the votes before a Sept. 30 procedural deadline, after which the measure would need a filibuster-proof 60 votes.

The White House has thrown its weight behind the measure and Trump has tweeted his support for it in recent days, casting the bill as a new opportunity for the GOP to fulfill its seven-year promise to do away with ObamaCare.

So far, Paul is the only GOP senator who has indicated he will vote against the Graham-Cassidy proposal. But three others — Sens. Susan Collins(Maine), Lisa Murkowski (Alaska) and John McCain (Ariz.) — are being closely watched.

The trio voted “no” on the “skinny” ObamaCare repeal bill in July leaving that bill one vote short of passing. All three remain undecided about the Graham-Cassidy proposal.

http://thehill.com/policy/healthcare/351865-paul-i-wont-be-bribed-or-bullied

3 red-flag provisions in the Graham-Cassidy health care bill

Posted September 21, 2017 08:36 AM

by Daniel Horowitz

Red flag storm warning

John-Kelly | Getty Images

Previously, I noted that while Graham-Cassidy does nothing to change the fundamentals of the current system of health care and medical insurance, it at least repeals the individual mandate, which will allow us to escape from the dumpster fire and potentially start a new system. But any “holding of the nose” to pass this bill should only be under the condition that the other provisions are not worse than the status quo. That’s the only way we can take “half a loaf rather than none” — or in this case, more like ten percent. That rationale breaks down if there are provisions that will make the system worse or further entrench Obamacare in current law.

Thus far, I have found three concerning provisions:

Protected class for insurance coverage

Page 13 of the bill stipulates that “a health insurance issuer may not vary premium rates based on an individual’s sex or membership in a protected class under the Constitution of the United States.”

Readers of Conservative Review are well aware that the radical king courts have already made foreign nationals and transgenders protected classes under the U.S. Constitution in many respects. Most certainly, once we codify such language into statute, there is no limit to what lower court judges and Anthony Kennedy will do to expand “constitutional” rights to all sorts of insurance coverage. They could use this provision to mandate coverage for illegal aliens. They could use this provision to carve out all sorts of coverage for homosexuals and for sex-change operations. Most certainly, it will give states trouble in cutting off subsidy funding for abortions.

This might possibly be worse than current law.

Forcing Texas and conservative states to expand government-run health care

Proponents of the bill are touting this system as an exercise in federalism because it devolves the subsidies and Medicaid expansion to the states in one giant pot. Some D.C. conservatives think it’s a good thing that red state that didn’t originally expand Medicaid will “get their fair share.” However, those who truly oppose Obamacare and understand free markets know that expanded Medicaid not only is costly and creates dependency but also distorts the market and inflates the cost of health care for everyone else. Furthermore, it hurts private practices because the programs pay hospital physicians more than private practice physicians. Medicaid expansion has been a boon for the hospital cartel and has destroyed any semblance of market-based health care.

Until now, we all celebrated the one silver lining of some red states not expanding Medicaid. Now, this bill brings this aspect of Obamacare, and its ensuing price inflation on the market, to the states that don’t currently have it. Worse, the bill (page 15) puts a gun to the heads of these states and says that if they want a waiver for even the few regulatory relief provisions offered in this bill, they must take and administer the federal Obamacare/Medicaid expansion grants.

Thus, to the extent a state can waive a regulation for an individual insurance contract, they must give subsidies to that individual — regardless of his status. He could be a millionaire!

As Chris Jacobs, noted health policy expert at the Texas Public Policy Institute, wrote, “Moreover, some conservatives may view provisions requiring anyone to whom a waiver applies to receive federal grant funding as the epitome of moral hazard—ensuring that individuals who go through health underwriting will receive federal subsidies, no matter their level of wealth or personal circumstances.” He further observed, “By requiring states to subsidize bad actors—for instance, an individual making $250,000 who knowingly went without health coverage for years—with federal taxpayer dollars, the bill could actually raise health insurance premiums, not lower them.”

Thus, this is not a “half a loaf,” this is a poisonous loaf. While blue states are free to move the funding further to the Left and create single-payer, in no way can red states move towards free markets, because for every step they make towards regulatory relief, they must add more market-distorting funding than even under the status quo. This will hook the politicians from the reddest of red states on the dope they didn’t fully embrace before now.

The bailout fund

It would be one thing to leave most of Obamacare in place, as opposed to leaving it all in place. But this bill adds a state bailout fund that entrenches Obamacare even further. Not only does it codify the illegal cost-sharing subsidies for three years (and we all know the three years will be expanded indefinitely), it creates an unaccountable $35 billion slush fund for HHS to dole out at their full discretion to “fund arrangements with health insurance issuers to address coverage and access disruption and respond to urgent health care needs within States.” And of course, rather than disappearing in 2020, this will create a funding cliff that will only expand the program thereafter.

As I mentioned before, the only saving grace of this bill is that repeal of the individual mandate will prompt consumers to leave the insurance cartel and create direct care and health-sharing associations as an alternative to this entire scheme. However, by creating an unaccountable bailout program, HHS bureaucrats will work with state bureaucrats and insurance cartel lobbyists (no elected officials involved!) to mask the price inflation to keep the insurance monopoly intact.

It will codify, enshrine, and expand Obamacare.

Overall, it’s understandable why conservatives would want to support something over nothing at this late hour. And with the right focus on supply-side market reforms, we could possibly make a partial repeal work, with the elimination of the mandates. But politicians must first focus on not making things worse. Moreover, they should at least negotiate to get rid of the bailout fund and these onerous provisions while working for some true health care reforms, such as price transparency and parity of tax treatment. If this requires using the reconciliation bill for next year to fix health care, then so be it.

The mother’s milk of the D.C. swamp is the false dichotomy of “take or leave it.” Don’t fall for the trick without first fighting for more.

https://www.conservativereview.com/articles/3-red-flag-provisions-in-the-graham-cassidy-health-care-bill

Story 3: Obama’s Secret Surveillance Spy State Scandal — Misuse of Intelligence Community For Political Purposes — Gross Abuse of Power and Political Conspiracy — Violation of Fourth Amendment — Videos —

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The Pronk Pops Show 866, April 3, 2017, Breaking News — Story 1: Obamagate Surveillance/Spying Scandal Spreading — Abuse of Power By Former National Security Adviser Susan Rice — Requested Revealing or Unmasking of American Citizen Identities Including Trump and Trump Campaign and Transition Teams For 7 Months (July 2016 – January 2017) — The Smoking Gun — What Did President Obama Know and When Did He Know It? — Videos — Story 2: Lying Lunatic Left Democratic National Committee Chair Tom Perez Cracks up — Trump Didn’t Win Election — Videos —

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Breaking News — Story 1: Obamagate Surveillance/Spying Scandal Spreading — Abuse of Power By Former National Security Adviser Susan Rice — Requested Revealing or Unmasking of American Citizen Identities Including Trump and Trump Campaign and Transition Teams For 7 Months (July 2016 – January 2017) — The Smoking Gun — Videos — 

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Rice asked for Trump transition associates to be unmasked

Where does the Susan Rice story go from here?

Hume talks Supreme Court fight, Susan Rice revelations

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Report: Obama adviser Susan Rice sought to unmask Trump associates

Susan Rice Requested Intel to Unmask Names of Trump Transition Officials

Obama’s SPY Susan Rice CAUGHT SPYING ON TRUMP and Trump’s Team said Rush Limbaugh

Furious AG Sessions: we will convict some people to make the leaking stop

Susan Rice Unmasked Trump Team, 1566

Published on Apr 3, 2017

This video is about Susan Rice Unmasked Trump Team, 1566

President Obama’s National Security Advisor, Susan Rice, deliberately unmasked President-Elect Donald Trump, and other incoming Trump officials, according to reporter Michael Chernovich.
Furthermore, Chernovich learned that New York Times reporter Maggie Haberman has had this story for at least 48 hours, and has chosen to sit on it in an effort to protect the reputation of Obama.
According to Chernovich:
“The White House Counsel’s office identified Rice as the person responsible for the unmasking after examining Rice’s document log requests.”
“The reports Rice requested to see are kept under tightly-controlled conditions. Each person must log her name before being granted access to them.”
According to Chernovich two other people close to Obama had authorization to unmask the names of Americans as well: CIA Director John Brennan and then-Attorney General Loretta Lynch.
Yesterday, Fox News announced that House Intelligence Committee Chairman Devin Nunes, R-Calif, knew who unmasked General Michael Flynn, saying that the person was:
“… very well known, very high up, very senior in the intelligence world.”
I had speculated that that person may have been Jeh Johnson, the former Director of Homeland Security. We will see in the morning if the Fox report confirms that it was indeed Susan Rice.
If it was Rice, that puts the source of this felonious conduct right at the door of former President Obama.

Susan Rice On Unmasking Of Trump Team, ‘I Know Nothing’

Multiple Felonies Committed By Obama Admin. Obama Surveillance on Trump.

Obama Official Admits They Were Surveilling Trump & His Team, Unmasking Names & Leaking Intel

Team Obama Gets Caught Committing Political Espionage, Spying on Trump & His Team

Susan Rice Reportedly “Unmasked” Trump in Incidental Data Collection

Trump Proven 100% Right about Obama Admin “Wiretapping”(Surveilling) Him & His Team

 Donald Trump’s Administration was Wiretapped | Rand Paul

Susan Rice, Ben Rhodes, John Brennan are suspects: James Comey Intelligence Hearing @ congressRand Paul Calls For Susan Rice To Testify On Unmasking Trump Officials

Susan Rice requested to unmask names of Trump transition officials, sources say

Multiple sources tell Fox News that Susan Rice, former national security adviser under then-President Barack Obama, requested to unmask the names of Trump transition officials caught up in surveillance.

The unmasked names, of people associated with Donald Trump, were then sent to all those at the National Security Council, some at the Defense Department, then-Director of National Intelligence James Clapper and then-CIA Director John Brennan – essentially, the officials at the top, including former Rice deputy Ben Rhodes.

The names were part of incidental electronic surveillance of candidate and President-elect Trump and people close to him, including family members, for up to a year before he took office.

It was not clear how Rice knew to ask for the names to be unmasked, but the question was being posed by the sources late Monday.

Such amazing reporting on unmasking and the crooked scheme against us by @foxandfriends. “Spied on before nomination.” The real story.

“What I know is this …  If the intelligence community professionals decide that there’s some value, national security, foreign policy or otherwise in unmasking someone, they will grant those requests,” former Obama State Department spokeswoman and Fox News contributor Marie Harf told Fox News’ Martha MacCallum on “The First 100 Days. “And we have seen no evidence … that there was partisan political notice behind this and we can’t say that unless there’s actual evidence to back that up.”

White House Press Secretary Sean Spicer, asked about the revelations at Monday’s briefing, declined to comment specifically on what role Rice may have played or officials’ motives.

“I’m not going to comment on this any further until [congressional] committees have come to a conclusion,” he said, while contrasting the media’s alleged “lack” of interest in these revelations with the intense coverage of suspected Trump-Russia links.

When names of Americans are incidentally collected, they are supposed to be masked, meaning the name or names are redacted from reports – whether it is international or domestic collection, unless it is an issue of national security, crime or if their security is threatened in any way. There are loopholes and ways to unmask through backchannels, but Americans are supposed to be protected from incidental collection. Sources told Fox News that in this case, they were not.

This comes in the wake of Evelyn Farkas’ television interview last month in which the former Obama deputy secretary of defense said in part: “I was urging my former colleagues and, frankly speaking, the people on the Hill – it was more actually aimed at telling the Hill people, get as much information as you can, get as much intelligence as you can, before President Obama leaves the administration.”

Meanwhile, Fox News also is told that House Intelligence Committee Chairman Devin Nunes knew about unmasking and leaking back in January, well before President Trump’s tweet in March alleging wiretapping.

Nunes has faced criticism from Democrats for viewing pertinent documents on White House grounds and announcing their contents to the press. But sources said “the intelligence agencies slow-rolled Nunes. He could have seen the logs at other places besides the White House SCIF [secure facility], but it had already been a few weeks. So he went to the White House because he could protect his sources and he could get to the logs.”

As the Obama administration left office, it also approved new rules that gave the NSA much broader powers by relaxing the rules about sharing intercepted personal communications and the ability to share those with 16 other intelligence agencies.

Rice is no stranger to controversy. As the U.S. Ambassador to the UN, she appeared on several Sunday news shows to defend the adminstration’s later debunked claim that the Sept. 11, 2012 attacks on a U.S. consulate in Libya was triggered by an Internet video.

Rice also told ABC News in 2014 that Army Sgt. Bowe Bergdahl “served the United States with honor and distinction” and that he “wasn’t simply a hostage; he was an American prisoner of war captured on the battlefield.”

Bergdahl is currently facing court-martial on charges of desertion and misbehavior before the enemy for allegedly walking off his post in Afghanistan.

http://www.foxnews.com/politics/2017/04/03/susan-rice-requested-to-unmask-names-trump-transition-officials-sources-say.html

JULIEGRACE BRUFKE,  Capitol Hill Reporter

GOP Kentucky Sen. Rand Paul said he believes former National Security Advisor Susan Rice should testify before Congress on her request to unmask the names of Trump transition officials collected during routine intelligence-gathering operations.

Paul argued the situation should not be downplayed, saying reforms need to be made to prevent individuals from being blackmailed on personal aspects of their lives through unmasking. He noted there was nothing stopping the former administration from looking through Trump officials and national security advisors’ conversations during the transition window.

“If it is allowed, we shouldn’t be allowing it, but I don’t think should just discount how big a deal it is that Susan Rice was looking at these,” he told reporters Monday. “And she needs to be asked, ‘Did President Obama ask her to do this? Was this a directive from President Obama?  I think she should testify under oath on this.”

Paul said he has long thought there are too many people with the ability to unmask individuals.

“The law says you can’t reverse target people, but how would you know that once you get inside the brain and the people that are unmasking people,” Paul continued. “So, what if I decided to unmask and I’m there and I only unmask the conversations of my Democrat opponents — shouldn’t there be more restrictions for unmasking people in the political process?”

He said he believes there should be two individuals at the top of the agency to allow for identities to be unmasked. Paul noted the process is indiscriminate, noting the United States previously captured every phone call in Italy for a month.

“Basically there’s no Fourth Amendment when you use these kinds of things, you go with a lower standard because we’ve got to protect the country and we don’t care about spying on foreigners,” he said, adding there are said to be millions of Americans caught up in the country’s foreign targeting.

Paul said the president did not bring up the matter on their golf trip Sunday, but he voiced his opinion on the matter.

http://dailycaller.com/2017/04/03/rand-paul-calls-for-susan-rice-to-testify-on-unmasking-trump-officials/#ixzz4dDyYjidj

Top Obama Adviser Sought Names of Trump Associates in Intel

By Eli Lake

APRIL 3, 2017 10:13 AM EDT

White House lawyers last month learned that the former national security adviser Susan Rice requested the identities of U.S. persons in raw intelligence reports on dozens of occasions that connect to the Donald Trump transition and campaign, according to U.S. officials familiar with the matter.

The pattern of Rice’s requests was discovered in a National Security Council review of the government’s policy on “unmasking” the identities of individuals in the U.S. who are not targets of electronic eavesdropping, but whose communications are collected incidentally. Normally those names are redacted from summaries of monitored conversations and appear in reports as something like “U.S. Person One.”

The National Security Council’s senior director for intelligence, Ezra Cohen-Watnick, was conducting the review, according to two U.S. officials who spoke with Bloomberg View on the condition of anonymity because they were not authorized to discuss it publicly. In February Cohen-Watnick discovered Rice’s multiple requests to unmask U.S. persons in intelligence reports that related to Trump transition activities. He brought this to the attention of the White House General Counsel’s office, who reviewed more of Rice’s requests and instructed him to end his own research into the unmasking policy.

The intelligence reports were summaries of monitored conversations — primarily between foreign officials discussing the Trump transition, but also in some cases direct contact between members of the Trump team and monitored foreign officials. One U.S. official familiar with the reports said they contained valuable political information on the Trump transition such as whom the Trump team was meeting, the views of Trump associates on foreign policy matters and plans for the incoming administration.

Rice did not respond to an email seeking comment on Monday morning. Her role in requesting the identities of Trump transition officials adds an important element to the dueling investigations surrounding the Trump White House since the president’s inauguration.

Both the House and Senate intelligence committees are probing any ties between Trump associates and a Russian influence operation against Hillary Clinton during the election. The chairman of the House intelligence committee, Representative Devin Nunes, is also investigating how the Obama White House kept tabs on the Trump transition after the election through unmasking the names of Trump associates incidentally collected in government eavesdropping of foreign officials.

Rice herself has not spoken directly on the issue of unmasking. Last month when she was asked on the “PBS NewsHour” about reports that Trump transition officials, including Trump himself, were swept up in incidental intelligence collection, Rice said: “I know nothing about this,” adding, “I was surprised to see reports from Chairman Nunes on that account today.”

Rice’s requests to unmask the names of Trump transition officials do not vindicate Trump’s own tweets from March 4 in which he accused Obama of illegally tapping Trump Tower. There remains no evidence to support that claim.

But Rice’s multiple requests to learn the identities of Trump officials discussed in intelligence reports during the transition period does highlight a longstanding concern for civil liberties advocates about U.S. surveillance programs. The standard for senior officials to learn the names of U.S. persons incidentally collected is that it must have some foreign intelligence value, a standard that can apply to almost anything. This suggests Rice’s unmasking requests were likely within the law.

The news about Rice also sheds light on the strange behavior of Nunes in the last two weeks. It emerged last week that he traveled to the White House last month, the night before he made an explosive allegation about Trump transition officials caught up in incidental surveillance. At the time he said he needed to go to the White House because the reports were only on a database for the executive branch. It now appears that he needed to view computer systems within the National Security Council that would include the logs of Rice’s requests to unmask U.S. persons.

The ranking Democrat on the committee Nunes chairs, Representative Adam Schiff, viewed these reports on Friday. In comments to the press over the weekend he declined to discuss the contents of these reports, but also said it was highly unusual for the reports to be shown only to Nunes and not himself and other members of the committee.

Indeed, much about this is highly unusual: if not how the surveillance was collected, then certainly how and why it was disseminated.

https://www.bloomberg.com/view/articles/2017-04-03/top-obama-adviser-sought-names-of-trump-associates-in-intel

White House logs indicate Susan Rice consumed unmasked intel on Trump associates

by Sara Carter and John Solomon

Computer logs that former President Obama’s team left behind in the White House indicate his national security adviser Susan Rice accessed numerous intelligence reports during Obama’s last seven months in office that contained National Security Agency intercepts involving Donald Trump and his associates, Circa has learned.

Intelligence sources said the logs discovered by National Security Council staff suggested Rice’s interest in the NSA materials, some of which included unmasked Americans’ identities, appeared to begin last July around the time Trump secured the GOP nomination and accelerated after Trump’s election in November launched a transition that continued through January.

The exact national security justifications for Rice accessing the reports isn’t clear and may require additional documentation that the House and Senate intelligence committees have requested from the NSA, America’s lead agency in spying on foreign powers.

Rice has not returned repeated calls for comment from Circa. But in an interview with PBS recently, she said she had no idea what House Intelligence Committee chairman Devin Nunes was talking about when he said Obama officials were monitoring Trump associates after the election.

Both the Republican chairman and Democratic vice chairman of the Housing Intelligence Committee have been shown the documents discovered by the NSC over the last 10 days.

But Circa reported last week that Obama opened the door for his political aides like Rice to more easily gain access to unmasked Americans’ names in NSA intercepts through a series of rule changes beginning in 2011.

http://circa.com/politics/accountability/white-house-logs-indicate-susan-rice-consumed-unmasked-intel-on-trump-associates

Obama adviser Ben Rhodes claims Obama didn’t spy on Americans — instantly receives brutal fact check

Chris Enloe

President Donald Trump took to Twitter early on Saturday to bash NBC News anchor Chuck Todd for reporting on the investigation into alleged collusion between Trump’s campaign and Russia instead of focusing on “Obama surveillance.”

Trump tweeted:

When will Sleepy Eyes Chuck Todd and @NBCNews start talking about the Obama SURVEILLANCE SCANDAL and stop with the Fake Trump/Russia story?

But Ben Rhodes, who served as a senior national security adviser for former President Barack Obama, took issue with Trump’s claim that the Obama administration surveyed him.

“There is no Obama SURVEILLANCE SCANDAL even when you capitalize the words,” he tweeted at Trump.

However, Twitter was quick to hit back at Rhodes, given the Obama administration’s record of surveillance — which isn’t the best. Under Obama’s leadership, domestic spying became a key issue after they were caught spying on journalists from the Associated Press and Fox News correspondent James Rosen.

The Obama administration was even forced to weather a massive NSA spying scandal after NSA contractor Edward Snowden leaked thousands of NSA documents, which revealed government collection programs like PRISM.

Needless to say, no one was buying Rhodes’ lies.

http://www.theblaze.com/news/2017/04/01/obama-adviser-ben-rhodes-claims-obama-didnt-spy-on-americans-instantly-receives-brutal-fact-check/

Global surveillance disclosures (2013–present)

From Wikipedia, the free encyclopedia
“Global surveillance disclosures” redirects here. For disclosures published before those of Edward Snowden, see Global surveillance disclosures (1970–2013).

Ongoing news reports in the international media have revealed operational details about the United States National Security Agency (NSA) and its international partners’ global surveillance[1] of foreign nationals and US citizens. The reports mostly emanate from a cache of top secret documents leaked by ex-NSA contractor Edward Snowden, which he obtained whilst working for Booz Allen Hamilton, one of the largest contractors for defense and intelligence in the United States.[2] In addition to a trove of US federal documents, Snowden’s cache reportedly contains thousands of Australian, British and Canadian intelligence files that he had accessed via the exclusive “Five Eyes” network. In June 2013, the first of Snowden’s documents were published simultaneously by The Washington Post and The Guardian, attracting considerable public attention.[3] The disclosure continued throughout 2013, and a small portion of the estimated full cache of documents was later published by other media outlets worldwide, most notably The New York Times (United States), the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Der Spiegel (Germany), O Globo (Brazil), Le Monde (France), L’espresso (Italy), NRC Handelsblad (the Netherlands), Dagbladet (Norway), El País (Spain), and Sveriges Television (Sweden).[4]

These media reports have shed light on the implications of several secret treaties signed by members of the UKUSA community in their efforts to implement global surveillance. For example, Der Spiegel revealed how the German Bundesnachrichtendienst (BND) transfers “massive amounts of intercepted data to the NSA”,[5] while Swedish Television revealed the National Defence Radio Establishment (FRA) provided the NSA with data from its cable collection, under a secret treaty signed in 1954 for bilateral cooperation on surveillance.[6]Other security and intelligence agencies involved in the practice of global surveillance include those in Australia (ASD), Britain (GCHQ), Canada (CSEC), Denmark (PET), France (DGSE), Germany (BND), Italy (AISE), the Netherlands (AIVD), Norway (NIS), Spain (CNI), Switzerland (NDB), Singapore (SID) as well as Israel (ISNU), which receives raw, unfiltered data of US citizens that is shared by the NSA.[7][8][9][10][11][12][13][14]

On June 14, 2013, United States prosecutorscharged Edward Snowden with espionage and theft of government property.[15] In late July 2013, he was granted a one-year temporary asylum by the Russian government,[16] contributing to a deterioration of Russia–United States relations.[17][18] On August 6, 2013, US President Barack Obama made a public appearance on national television where he told Americans that “We don’t have a domestic spying program” and that “There is no spying on Americans”.[19] Towards the end of October 2013, the British Prime Minister David Cameron warned The Guardiannot to publish any more leaks, or it will receive a DA-Notice.[20] In November 2013, a criminal investigation of the disclosure was being undertaken by Britain’s Metropolitan Police Service.[21] In December 2013, The Guardian editor Alan Rusbridger said: “We have published I think 26 documents so far out of the 58,000 we’ve seen.”[22]

The extent to which the media reports have responsibly informed the public is disputed. In January 2014, Obama said that “the sensational way in which these disclosures have come out has often shed more heat than light”[23] and critics such as Sean Wilentz have noted that many of the Snowden documents released do not concern domestic surveillance.[24] In its first assessment of these disclosures, the Pentagon concluded that Snowden committed the biggest “theft” of U.S. secrets in the history of the United States.[25] Sir David Omand, a former director of GCHQ, described Snowden’s disclosure as the “most catastrophic loss to British intelligence ever”.[26]

Background

Barton Gellman, a Pulitzer Prize–winning journalist who led The Washington Posts coverage of Snowden’s disclosures, summarized the leaks as follows:

“Taken together, the revelations have brought to light a global surveillance system that cast off many of its historical restraints after the attacks of Sept. 11, 2001. Secret legal authorities empowered the NSA to sweep in the telephone, Internet and location records of whole populations.”

The disclosure revealed specific details of the NSA’s close cooperation with U.S. federal agencies such as the Federal Bureau of Investigation (FBI)[28][29] and the Central Intelligence Agency (CIA)[30][31] in addition to the agency’s previously undisclosed financial payments to numerous commercial partners and telecommunications companies,[32][33][34] as well as its previously undisclosed relationships with international partners such as Britain,[35][36] France[12][37] Germany,[5][38] and its secret treaties with foreign governments that were recently established for sharing intercepted data of each other’s citizens.[7][39][40][41] The disclosures were made public over the course of several months since June 2013, by the press in several nations from the trove leaked by the former NSA contractor Edward J. Snowden,[42] who obtained the trove while working for Booz Allen Hamilton.[2]

George Brandis, the current Attorney-General of Australia, asserted that Snowden’s disclosure is the “most serious setback for Western intelligence since the Second World War.”[43]

Global surveillance

Main article: Global surveillance

As of December 2013, global surveillance programs include:

Global surveillance programs
Program International contributors and/or partners Commercial partners
United StatesPRISM
United StatesXKeyscore
United KingdomTempora
United KingdomMUSCULAR
GermanyProject 6
Stateroom
Lustre

The NSA was also getting data directly from telecommunications companies codenamed Artifice, Lithium, Serenade, SteelKnight, and X. The real identities of the companies behind these codenames were not included in the Snowden document dump because they were protected as Exceptionally Controlled Information which prevents wide circulation even to those (like Snowden) who otherwise have the necessary security clearance.[65][66]

Disclosures

Although the exact size of Snowden’s disclosure remains unknown, the following estimates have been put up by various government officials:

As a contractor of the NSA, Snowden was granted access to U.S. government documents along with top secret documents of several allied governments, via the exclusive Five Eyes network.[69] Snowden claims that he is currently not in physical possession of any of these documents, after having surrendered all copies to the journalists he met in Hong Kong.[70]

According to his lawyer, Snowden has pledged not to release any documents while in Russia, leaving the responsibility for further disclosures solely to journalists.[71] As of 2014, the following news outlets have accessed some of the documents provided by Snowden: Australian Broadcasting Corporation, Canadian Broadcasting Corporation, Channel 4, Der Spiegel, El Pais, El Mundo, L’espresso, Le Monde, NBC, NRC Handelsblad, Dagbladet, O Globo, South China Morning Post, Süddeutsche Zeitung, Sveriges Television, The Guardian, The New York Times, and The Washington Post.

Historical context

In the 1970s, NSA analyst Perry Fellwock (under the pseudonym “Winslow Peck”) revealed the existence of the UKUSA Agreement, which forms the basis of the ECHELON network, whose existence was revealed in 1988 by Lockheed employee Margaret Newsham.[72][73] Months before the September 11 attacks and during its aftermath, further details of the global surveillance apparatus were provided by various individuals such as the former MI5 official David Shayler and the journalist James Bamford,[74][75] who were followed by:

In the aftermath of Snowden’s revelations, The Pentagon concluded that Snowden committed the biggest theft of U.S. secrets in the history of the United States.[25] In Australia, the coalition government described the leaks as the most damaging blow dealt to Australian intelligence in history.[43] Sir David Omand, a former director of GCHQ, described Snowden’s disclosure as the “most catastrophic loss to British intelligence ever”.[26]

Timeline

The Mira hotel in Hong Kong, where Edward Snowden hosted his first meeting with Glenn Greenwald, Laura Poitras, and journalist Ewen MacAskill of The Guardian[86]

In April 2012, NSA contractor Edward Snowden began downloading documents.[87] That year, Snowden had made his first contact with journalist Glenn Greenwald of The Guardian and he contacted documentary filmmaker Laura Poitras in January 2013.[88][89]

2013

May

In May 2013, Snowden went on temporary leave from his position at the NSA, citing the pretext of receiving treatment for his epilepsy. Towards the end of May, he traveled to Hong Kong.[90][91] Greenwald, Poitras and the Guardian’s defence and intelligence correspondent Ewen MacAskill flew to Hong Kong to meet Snowden.

June

After the U.S.-based editor of The Guardian, Janine Gibson, held several meetings in New York City, it was decided that Greenwald, Poitras and the Guardians defence and intelligence correspondent Ewen MacAskill would fly to Hong Kong to meet Snowden. On June 5, in the first media report based on the leaked material,[92]The Guardian exposed a top secret court order showing that the NSA had collected phone records from over 120 million Verizon subscribers.[93] Under the order, the numbers of both parties on a call, as well as the location data, unique identifiers, time of call, and duration of call were handed over to the FBI, which turned over the records to the NSA.[93] According to The Wall Street Journal, the Verizon order is part of a controversial data program, which seeks to stockpile records on all calls made in the U.S., but does not collect information directly from T-Mobile US and Verizon Wireless, in part because of their foreign ownership ties.[94]

On June 6, 2013, the second media disclosure, the revelation of the PRISM surveillance program (which collects the e-mail, voice, text and video chats of foreigners and an unknown number of Americans from Microsoft, Google, Facebook, Yahoo, Apple and other tech giants),[95][96][97][98] was published simultaneously by The Guardian and The Washington Post.[86][99]

Slide from a 2008 NSA presentation about XKeyscore, showing a worldmap with the locations of XKeyscore servers

Der Spiegel revealed NSA spying on multiple diplomatic missions of the European Union (EU) and the United Nations Headquarters in New York.[100][101] During specific episodes within a four-year period, the NSA hacked several Chinese mobile-phone companies,[102] the Chinese University of Hong Kong and Tsinghua University in Beijing,[103] and the Asian fiber-optic network operator Pacnet.[104] Only Australia, Canada, New Zealand and the UK are explicitly exempted from NSA attacks, whose main target in the EU is Germany.[105] A method of bugging encrypted fax machines used at an EU embassy is codenamed Dropmire.[106]

During the 2009 G-20 London summit, the British intelligence agency Government Communications Headquarters (GCHQ) intercepted the communications of foreign diplomats.[107] In addition, GCHQ has been intercepting and storing mass quantities of fiber-optic traffic via Tempora.[108] Two principal components of Tempora are called “Mastering the Internet” (MTI) and “Global Telecoms Exploitation“.[109] The data is preserved for three days while metadata is kept for thirty days.[110] Data collected by GCHQ under Tempora is shared with the National Security Agency (NSA) of the United States.[109]

From 2001 to 2011, the NSA collected vast amounts of metadata records detailing the email and internet usage of Americans via Stellar Wind,[111] which was later terminated due to operational and resource constraints. It was subsequently replaced by newer surveillance programs such as ShellTrumpet, which “processed its one trillionth metadata record” by the end of December 2012.[112]

The NSA follows specific procedures to target non-U.S. persons[113] and to minimize data collection from U.S. persons.[114] These court-approved policies allow the NSA to:[115][116]

  • keep data that could potentially contain details of U.S. persons for up to five years;
  • retain and make use of “inadvertently acquired” domestic communications if they contain usable intelligence, information on criminal activity, threat of harm to people or property, are encrypted, or are believed to contain any information relevant to cybersecurity;
  • preserve “foreign intelligence information” contained within attorney–client communications; and
  • access the content of communications gathered from “U.S. based machine[s]” or phone numbers in order to establish if targets are located in the U.S., for the purposes of ceasing further surveillance.

According to Boundless Informant, over 97 billion pieces of intelligence were collected over a 30-day period ending in March 2013. Out of all 97 billion sets of information, about 3 billion data sets originated from U.S. computer networks[117] and around 500 million metadata records were collected from German networks.[118]

In August 2013, it was revealed that the Bundesnachrichtendienst (BND) of Germany transfers massive amounts of metadata records to the NSA.[119]

Der Spiegel disclosed that Germany is the most targeted country of the 27 members of the European Union due to the NSA systematic monitoring and storage of Germany’s telephone and Internet connection data. According to the magazine the NSA stores data from around half a billion communications connections in Germany each month. This data includes telephone calls, emails, mobile-phone text messages and chat transcripts.[120]

On June 11, 2013, The Guardian published a snapshot of the NSA’s global map of electronic data collection for the month of March 2013. Known as the Boundless Informant, the program is used by the NSA to track the amount of data being analyzed over a specific period of time. The color scheme ranges from green (least subjected to surveillance) through yellow and orange to red (most surveillance). Outside the Middle East, only China, Germany, India, Kenya, Colombia, the United Kingdom, and the United States are colored orange or yellow

July[edit]

The NSA gained massive amounts of information captured from the monitored data traffic in Europe. For example, in December 2013, the NSA gathered on an average day metadata from some 15 million telephone connections and 10 million Internet datasets. The NSA also monitored the European Commission in Brussels and monitored EU diplomatic Facilities in Washington and at the United Nations by placing bugs in offices as well as infiltrating computer networks.[121]

The U.S. government made as part of its UPSTREAM data collection program deals with companies to ensure that it had access to and hence the capability to surveil undersea fiber-optic cables which deliver e-mails, Web pages, other electronic communications and phone calls from one continent to another at the speed of light.[122][123]

According to the Brazilian newspaper O Globo, the NSA spied on millions of emails and calls of Brazilian citizens,[124][125] while Australia and New Zealand have been involved in the joint operation of the NSA’s global analytical system XKeyscore.[126][127] Among the numerous allied facilities contributing to XKeyscore are four installations in Australia and one in New Zealand:

O Globo released an NSA document titled “Primary FORNSAT Collection Operations“, which revealed the specific locations and codenames of the FORNSAT intercept stations in 2002.[128]

According to Edward Snowden, the NSA has established secret intelligence partnerships with many Western governments.[127] The Foreign Affairs Directorate (FAD) of the NSA is responsible for these partnerships, which, according to Snowden, are organized such that foreign governments can “insulate their political leaders” from public outrage in the event that these global surveillance partnerships are leaked.[129]

In an interview published by Der Spiegel, Snowden accused the NSA of being “in bed together with the Germans”.[130] The NSA granted the German intelligence agencies BND (foreign intelligence) and BfV (domestic intelligence) access to its controversial XKeyscore system.[131] In return, the BND turned over copies of two systems named Mira4 and Veras, reported to exceed the NSA’s SIGINT capabilities in certain areas.[5] Every day, massive amounts of metadata records are collected by the BND and transferred to the NSA via the Bad Aibling Station near Munich, Germany.[5] In December 2012 alone, the BND handed over 500 million metadata records to the NSA.[132][133]

In a document dated January 2013, the NSA acknowledged the efforts of the BND to undermine privacy laws:

“The BND has been working to influence the German government to relax interpretation of the privacy laws to provide greater opportunities of intelligence sharing”.[133]

According to an NSA document dated April 2013, Germany has now become the NSA’s “most prolific partner”.[133] Under a section of a separate document leaked by Snowden titled “Success Stories”, the NSA acknowledged the efforts of the German government to expand the BND’s international data sharing with partners:

“The German government modifies its interpretation of the G-10 privacy law … to afford the BND more flexibility in sharing protected information with foreign partners.”[50]

In addition, the German government was well aware of the PRISM surveillance program long before Edward Snowden made details public. According to Angela Merkel’s spokesman Steffen Seibert, there are two separate PRISM programs – one is used by the NSA and the other is used by NATO forces in Afghanistan.[134] The two programs are “not identical”.[134]

The Guardian revealed further details of the NSA’s XKeyscore tool, which allows government analysts to search through vast databases containing emails, online chats and the browsing histories of millions of individuals without prior authorization.[135][136][137] Microsoft “developed a surveillance capability to deal” with the interception of encrypted chats on Outlook.com, within five months after the service went into testing. NSA had access to Outlook.com emails because “Prism collects this data prior to encryption.”[47]

In addition, Microsoft worked with the FBI to enable the NSA to gain access to its cloud storage service SkyDrive. An internal NSA document dating from August 3, 2012 described the PRISM surveillance program as a “team sport“.[47]

Even if there is no reason to suspect U.S. citizens of wrongdoing, the CIA‘s National Counterterrorism Center is allowed to examine federal government files for possible criminal behavior. Previously the NTC was barred to do so, unless a person was a terror suspect or related to an investigation.[138]

Snowden also confirmed that Stuxnet was cooperatively developed by the United States and Israel.[139] In a report unrelated to Edward Snowden, the French newspaper Le Monde revealed that France’s DGSE was also undertaking mass surveillance, which it described as “illegal and outside any serious control”.[140][141]

August

Documents leaked by Edward Snowden that were seen by Süddeutsche Zeitung (SZ) and Norddeutscher Rundfunk revealed that several telecom operators have played a key role in helping the British intelligence agency Government Communications Headquarters (GCHQ) tap into worldwide fiber-optic communications. The telecom operators are:

Each of them were assigned a particular area of the international fiber-optic network for which they were individually responsible. The following networks have been infiltrated by GCHQ: TAT-14 (Europe-USA), Atlantic Crossing 1 (Europe-USA), Circe South (France-UK), Circe North (The Netherlands-UK), Flag Atlantic-1, Flag Europa-Asia, SEA-ME-WE 3 (Southeast Asia-Middle East-Western Europe), SEA-ME-WE 4 (Southeast Asia-Middle East-Western Europe), Solas (Ireland-UK), UK-France 3, UK-Netherlands 14, ULYSSES (Europe-UK), Yellow (UK-USA) and Pan European Crossing.[143]

Telecommunication companies who participated were “forced” to do so and had “no choice in the matter”.[143] Some of the companies were subsequently paid by GCHQ for their participation in the infiltration of the cables.[143]According to the SZ, GCHQ has access to the majority of internet and telephone communications flowing throughout Europe, can listen to phone calls, read emails and text messages, see which websites internet users from all around the world are visiting. It can also retain and analyse nearly the entire European internet traffic.[143]

GCHQ is collecting all data transmitted to and from the United Kingdom and Northern Europe via the undersea fibre optic telecommunications cable SEA-ME-WE 3. The Security and Intelligence Division (SID) of Singapore co-operates with Australia in accessing and sharing communications carried by the SEA-ME-WE-3 cable. The Australian Signals Directorate (ASD) is also in a partnership with British, American and Singaporean intelligence agencies to tap undersea fibre optic telecommunications cables that link Asia, the Middle East and Europe and carry much of Australia’s international phone and internet traffic.[144]

The U.S. runs a top-secret surveillance program known as the Special Collection Service (SCS), which is based in over 80 U.S. consulates and embassies worldwide.[145][146] The NSA hacked the United Nations’ video conferencing system in Summer 2012 in violation of a UN agreement.[145][146]

The NSA is not just intercepting the communications of Americans who are in direct contact with foreigners targeted overseas, but also searching the contents of vast amounts of e-mail and text communications into and out of the country by Americans who mention information about foreigners under surveillance.[147] It also spied on the Al Jazeera and gained access to its internal communications systems.[148]

The NSA has built a surveillance network that has the capacity to reach roughly 75% of all U.S. Internet traffic.[149][150][151] U.S. Law-enforcement agencies use tools used by computer hackers to gather information on suspects.[152][153] An internal NSA audit from May 2012 identified 2776 incidents i.e. violations of the rules or court orders for surveillance of Americans and foreign targets in the U.S. in the period from April 2011 through March 2012, while U.S. officials stressed that any mistakes are not intentional.[154][155][156][157][158][159][160]

The FISA Court that is supposed to provide critical oversight of the U.S. government’s vast spying programs has limited ability to do so and it must trust the government to report when it improperly spies on Americans.[161] A legal opinion declassified on August 21, 2013, revealed that the NSA intercepted for three years as many as 56,000 electronic communications a year of Americans not suspected of having links to terrorism, before FISA court that oversees surveillance found the operation unconstitutional in 2011.[162][163][164][165][166] Under the Corporate Partner Access project, major U.S. telecommunications providers receive hundreds of millions of dollars each year from the NSA.[167] Voluntary cooperation between the NSA and the providers of global communications took off during the 1970s under the cover name BLARNEY.[167]

A letter drafted by the Obama administration specifically to inform Congress of the government’s mass collection of Americans’ telephone communications data was withheld from lawmakers by leaders of the House Intelligence Committee in the months before a key vote affecting the future of the program.[168][169]

The NSA paid GCHQ over £100 Million between 2009 and 2012, in exchange for these funds GCHQ “must pull its weight and be seen to pull its weight.” Documents referenced in the article explain that the weaker British laws regarding spying are “a selling point” for the NSA. GCHQ is also developing the technology to “exploit any mobile phone at any time.”[170] The NSA has under a legal authority a secret backdoor into its databases gathered from large Internet companies enabling it to search for U.S. citizens’ email and phone calls without a warrant.[171][172]

The Privacy and Civil Liberties Oversight Board urged the U.S. intelligence chiefs to draft stronger US surveillance guidelines on domestic spying after finding that several of those guidelines have not been updated up to 30 years.[173][174] U.S. intelligence analysts have deliberately broken rules designed to prevent them from spying on Americans by choosing to ignore so-called “minimisation procedures” aimed at protecting privacy[175][176] and used the NSA’s agency’s enormous eavesdropping power to spy on love interests.[177]

After the U.S. Foreign Secret Intelligence Court ruled in October 2011 that some of the NSA’s activities were unconstitutional, the agency paid millions of dollars to major internet companies to cover extra costs incurred in their involvement with the PRISM surveillance program.[178]

Mastering the Internet” (MTI) is part of the Interception Modernisation Programme (IMP) of the British government that involves the insertion of thousands of DPI (deep packet inspection) “black boxes” at various internet service providers, as revealed by the British media in 2009.[179]

In 2013, it was further revealed that the NSA had made a £17.2 million financial contribution to the project, which is capable of vacuuming signals from up to 200 fibre-optic cables at all physical points of entry into Great Britain.[180]

September

The Guardian and The New York Times reported on secret documents leaked by Snowden showing that the NSA has been in “collaboration with technology companies” as part of “an aggressive, multipronged effort” to weaken the encryption used in commercial software, and GCHQ has a team dedicated to cracking “Hotmail, Google, Yahoo and Facebook” traffic.[181][182][183][184][185][186]

Germany’s domestic security agency Bundesverfassungsschutz (BfV) systematically transfers the personal data of German residents to the NSA, CIA and seven other members of the United States Intelligence Community, in exchange for information and espionage software.[187][188][189] Israel, Sweden and Italy are also cooperating with American and British intelligence agencies. Under a secret treaty codenamed “Lustre“, French intelligence agencies transferred millions of metadata records to the NSA.[63][64][190][191]

The Obama Administration secretly won permission from the Foreign Intelligence Surveillance Court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans’ communications in its massive databases. The searches take place under a surveillance program Congress authorized in 2008 under Section 702 of the Foreign Intelligence Surveillance Act. Under that law, the target must be a foreigner “reasonably believed” to be outside the United States, and the court must approve the targeting procedures in an order good for one year. But a warrant for each target would thus no longer be required. That means that communications with Americans could be picked up without a court first determining that there is probable cause that the people they were talking to were terrorists, spies or “foreign powers.” The FISC extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years with an extension possible for foreign intelligence or counterintelligence purposes. Both measures were done without public debate or any specific authority from Congress.[192]

A special branch of the NSA called “Follow the Money” (FTM) monitors international payments, banking and credit card transactions and later stores the collected data in the NSA’s own financial databank “Tracfin”.[193] The NSA monitored the communications of Brazil’s president Dilma Rousseff and her top aides.[194] The agency also spied on Brazil’s oil firm Petrobras as well as French diplomats, and gained access to the private network of the Ministry of Foreign Affairs of France and the SWIFT network.[195]

In the United States, the NSA uses the analysis of phone call and e-mail logs of American citizens to create sophisticated graphs of their social connections that can identify their associates, their locations at certain times, their traveling companions and other personal information.[196] The NSA routinely shares raw intelligence data with Israel without first sifting it to remove information about U.S. citizens.[7][197]

In an effort codenamed GENIE, computer specialists can control foreign computer networks using “covert implants,” a form of remotely transmitted malware on tens of thousands of devices annually.[198][199][200][201] As worldwide sales of smartphones began exceeding those of feature phones, the NSA decided to take advantage of the smartphone boom. This is particularly advantageous because the smartphone combines a myriad of data that would interest an intelligence agency, such as social contacts, user behavior, interests, location, photos and credit card numbers and passwords.[202]

An internal NSA report from 2010 stated that the spread of the smartphone has been occurring “extremely rapidly”—developments that “certainly complicate traditional target analysis.”[202] According to the document, the NSA has set up task forces assigned to several smartphone manufacturers and operating systems, including Apple Inc.‘s iPhone and iOS operating system, as well as Google‘s Android mobile operating system.[202] Similarly, Britain’s GCHQ assigned a team to study and crack the BlackBerry.[202]

An NSA presentation called “Your target is using a BlackBerry? Now what?” shows an intercepted Mexican government e-mail.

Under the heading “iPhone capability”, the document notes that there are smaller NSA programs, known as “scripts”, that can perform surveillance on 38 different features of the iOS 3 and iOS 4 operating systems. These include the mapping feature, voicemail and photos, as well as Google Earth, Facebook and Yahoo! Messenger.[202]

On September 9, 2013, an internal NSA presentation on iPhone Location Services was published by Der Spiegel. One slide shows scenes from Apple’s 1984-themed television commercial alongside the words “Who knew in 1984…”; another shows Steve Jobs holding an iPhone, with the text “…that this would be big brother…”; and a third shows happy consumers with their iPhones, completing the question with “…and the zombies would be paying customers?”[203]

October

On October 4, 2013, The Washington Post and The Guardian jointly reported that the NSA and GCHQ had made repeated attempts to spy on anonymous Internet users who have been communicating in secret via the anonymity network Tor. Several of these surveillance operations involved the implantation of malicious code into the computers of Tor users who visit particular websites. The NSA and GCHQ had partly succeeded in blocking access to the anonymous network, diverting Tor users to insecure channels. The government agencies were also able to uncover the identity of some anonymous Internet users.[204][205][206][207][208][209][210][211][212]

The Communications Security Establishment Canada (CSEC) has been using a program called Olympia to map the communications of Brazil’s Mines and Energy Ministry by targeting the metadata of phone calls and emails to and from the ministry.[213][214]

The Australian Federal Government knew about the PRISM surveillance program months before Edward Snowden made details public.[215][216]

The NSA gathered hundreds of millions of contact lists from personal e-mail and instant messaging accounts around the world. The agency did not target individuals. Instead it collected contact lists in large numbers that amount to a sizable fraction of the world’s e-mail and instant messaging accounts. Analysis of that data enables the agency to search for hidden connections and to map relationships within a much smaller universe of foreign intelligence targets.[217][218][219][220]

The NSA monitored the public email account of former Mexican president Felipe Calderón (thus gaining access to the communications of high-ranking cabinet members), the emails of several high-ranking members of Mexico’s security forces and text and the mobile phone communication of current Mexican president Enrique Peña Nieto.[221][222] The NSA tries to gather cellular and landline phone numbers—often obtained from American diplomats—for as many foreign officials as possible. The contents of the phone calls are stored in computer databases that can regularly be searched using keywords.[223][224]

The NSA has been monitoring telephone conversations of 35 world leaders.[225] The U.S. government’s first public acknowledgment that it tapped the phones of world leaders was reported on October 28, 2013, by the Wall Street Journal after an internal U.S. government review turned up NSA monitoring of some 35 world leaders.[226]GCHQ has tried to keep its mass surveillance program a secret because it feared a “damaging public debate” on the scale of its activities which could lead to legal challenges against them.[227]

The Guardian revealed that the NSA had been monitoring telephone conversations of 35 world leaders after being given the numbers by an official in another U.S. government department. A confidential memo revealed that the NSA encouraged senior officials in such Departments as the White House, State and The Pentagon, to share their “Rolodexes” so the agency could add the telephone numbers of leading foreign politicians to their surveillance systems. Reacting to the news, German leader Angela Merkel, arriving in Brussels for an EU summit, accused the U.S. of a breach of trust, saying: “We need to have trust in our allies and partners, and this must now be established once again. I repeat that spying among friends is not at all acceptable against anyone, and that goes for every citizen in Germany.”[225] The NSA collected in 2010 data on ordinary Americans’ cellphone locations, but later discontinued it because it had no “operational value.”[228]

Under Britain’s MUSCULAR programme, the NSA and GCHQ have secretly broken into the main communications links that connect Yahoo and Googledata centers around the world and thereby gained the ability to collect metadata and content at will from hundreds of millions of user accounts.[229][230][231][232][233]

The mobile phone of German Chancellor Angela Merkel might have been tapped by U.S. intelligence.[234][235][236][237][238][239][240] According to the Spiegel this monitoring goes back to 2002[241][242][243] and ended in the summer of 2013,[226] while The New York Times reported that Germany has evidence that the NSA’s surveillance of Merkel began during George W. Bush‘s tenure.[244] After learning from Der Spiegel magazine that the NSA has been listening in to her personal mobile phone, Merkel compared the snooping practices of the NSA with those of the Stasi.[245] It was reported in March 2014, by Der Spiegel that Merkel had also been placed on an NSA surveillance list alongside 122 other world leaders.[246]

On October 31, 2013, Hans-Christian Ströbele, a member of the German Bundestag, met Snowden in Moscow and revealed the former intelligence contractor’s readiness to brief the German government on NSA spying.[247]

A highly sensitive signals intelligence collection program known as Stateroom involves the interception of radio, telecommunications and internet traffic. It is operated out of the diplomatic missions of the Five Eyes (Australia, Britain, Canada, New Zealand, United States) in numerous locations around the world. The program conducted at U.S. diplomatic missions is run in concert by the U.S. intelligence agencies NSA and CIA in a joint venture group called “Special Collection Service” (SCS), whose members work undercover in shielded areas of the American Embassies and Consulates, where they are officially accredited as diplomats and as such enjoy special privileges. Under diplomatic protection, they are able to look and listen unhindered. The SCS for example used the American Embassy near the Brandenburg Gate in Berlin to monitor communications in Germany’s government district with its parliament and the seat of the government.[240][248][249][250]

Under the Stateroom surveillance programme, Australia operates clandestine surveillance facilities to intercept phone calls and data across much of Asia.[249][251]

In France, the NSA targeted people belonging to the worlds of business, politics or French state administration. The NSA monitored and recorded the content of telephone communications and the history of the connections of each target i.e. the metadata.[252][253] The actual surveillance operation was performed by French intelligence agencies on behalf of the NSA.[63][254] The cooperation between France and the NSA was confirmed by the Director of the NSA, Keith B. Alexander, who asserted that foreign intelligence services collected phone records in “war zones” and “other areas outside their borders” and provided them to the NSA.[255]

The French newspaper Le Monde also disclosed new PRISM and Upstream slides (See Page 4, 7 and 8) coming from the “PRISM/US-984XN Overview” presentation.[256]

In Spain, the NSA intercepted the telephone conversations, text messages and emails of millions of Spaniards, and spied on members of the Spanish government.[257] Between December 10, 2012 and January 8, 2013, the NSA collected metadata on 60 million telephone calls in Spain.[258]

According to documents leaked by Snowden, the surveillance of Spanish citizens was jointly conducted by the NSA and the intelligence agencies of Spain.[259][260]

On October 4, 2013, The Washington Post published a powerpoint presentation leaked by Snowden, showing how the NSA had compromised the Tor encrypted network that is being employed by hundreds of thousands of people to circumvent “nation state internet policies”. By secretly exploiting a JavaScriptplug-in, the NSA was able to uncover the identities of various anonymous Internet users such as dissidents, terrorists, and other targets

November

The New York Times reported that the NSA carries out an eavesdropping effort, dubbed Operation Dreadnought, against the Iranian leader Ayatollah Ali Khamenei. During his 2009 visit to Iranian Kurdistan, the agency collaborated with GCHQ and the U.S.’s National Geospatial-Intelligence Agency, collecting radio transmissions between aircraft and airports, examining Khamenei’s convoy with satellite imagery, and enumerating military radar stations. According to the story, an objective of the operation is “communications fingerprinting”: the ability to distinguish Khamenei’s communications from those of other people in Iran.[261]

The same story revealed an operation code-named Ironavenger, in which the NSA intercepted e-mails sent between a country allied with the United States and the government of “an adversary”. The ally was conducting a spear-phishing attack: its e-mails contained malware. The NSA gathered documents and login credentials belonging to the enemy country, along with knowledge of the ally’s capabilities for attacking computers.[261]

According to the British newspaper The Independent, the British intelligence agency GCHQ maintains a listening post on the roof of the British Embassy in Berlin that is capable of intercepting mobile phone calls, wi-fi data and long-distance communications all over the German capital, including adjacent government buildings such as the Reichstag (seat of the German parliament) and the Chancellery (seat of Germany’s head of government) clustered around the Brandenburg Gate.[262]

Operating under the code-name “Quantum Insert”, GCHQ set up a fake website masquerading as LinkedIn, a social website used for professional networking, as part of its efforts to install surveillance software on the computers of the telecommunications operator Belgacom.[263][264][265] In addition, the headquarters of the oil cartel OPEC were infiltrated by GCHQ as well as the NSA, which bugged the computers of nine OPEC employees and monitored the General Secretary of OPEC.[263]

For more than three years GCHQ has been using an automated monitoring system code-named “Royal Concierge” to infiltrate the reservation systems of at least 350 upscale hotels in many different parts of the world in order to target, search and analyze reservations to detect diplomats and government officials.[266] First tested in 2010, the aim of the “Royal Concierge” is to track down the travel plans of diplomats, and it is often supplemented with surveillance methods related to human intelligence (HUMINT). Other covert operations include the wiretapping of room telephones and fax machines used in targeted hotels as well as the monitoring of computers hooked up to the hotel network.[266]

In November 2013, the Australian Broadcasting Corporation and The Guardian revealed that the Australian Signals Directorate (DSD) had attempted to listen to the private phone calls of the president of Indonesia and his wife. The Indonesian foreign minister, Marty Natalegawa, confirmed that he and the president had contacted the ambassador in Canberra. Natalegawa said any tapping of Indonesian politicians’ personal phones “violates every single decent and legal instrument I can think of—national in Indonesia, national in Australia, international as well”.[267]

Other high-ranking Indonesian politicians targeted by the DSD include:

Carrying the title “3G impact and update”, a classified presentation leaked by Snowden revealed the attempts of the ASD/DSD to keep up to pace with the rollout of 3G technology in Indonesia and across Southeast Asia. The ASD/DSD motto placed at the bottom of each page reads: “Reveal their secrets—protect our own.”[268]

Under a secret deal approved by British intelligence officials, the NSA has been storing and analyzing the internet and email records of UK citizens since 2007. The NSA also proposed in 2005 a procedure for spying on the citizens of the UK and other Five-Eyes nations alliance, even where the partner government has explicitly denied the U.S. permission to do so. Under the proposal, partner countries must neither be informed about this particular type of surveillance, nor the procedure of doing so.[39]

Towards the end of November, The New York Times released an internal NSA report outlining the agency’s efforts to expand its surveillance abilities.[269] The five-page document asserts that the law of the United States has not kept up with the needs of the NSA to conduct mass surveillance in the “golden age” of signals intelligence, but there are grounds for optimism because, in the NSA’s own words:

“The culture of compliance, which has allowed the American people to entrust NSA with extraordinary authorities, will not be compromised in the face of so many demands, even as we aggressively pursue legal authorities…”[270]

The report, titled “SIGINT Strategy 2012–2016″, also said that the U.S. will try to influence the “global commercial encryption market” through “commercial relationships”, and emphasized the need to “revolutionize” the analysis of its vast data collection to “radically increase operational impact”.[269]

On November 23, 2013, the Dutch newspaper NRC Handelsblad reported that the Netherlands was targeted by U.S. intelligence agencies in the immediate aftermath of World War II. This period of surveillance lasted from 1946 to 1968, and also included the interception of the communications of other European countries including Belgium, France, West Germany and Norway.[271] The Dutch Newspaper also reported that NSA infected more than 50,000 computer networks worldwide, often covertly, with malicious spy software, sometimes in cooperation with local authorities, designed to steal sensitive information.[42][272]

On November 23, 2013, the Dutch newspaper NRC Handelsblad released a top secret NSA presentation leaked by Snowden, showing five “Classes of Accesses” that the NSA uses in its worldwide signals intelligence operations.[42][272] These five “Classes of Accesses” are:

 3rd PARTY/LIAISON—refers to data provided by the international partners of the NSA. Within the framework of the UKUSA Agreement, these international partners are known as “third parties”.
 REGIONAL—refers to over 80 regional Special Collection Services (SCS). The SCS is a black budget program operated by the NSA and the CIA, with operations based in many cities such as Athens, Bangkok, Berlin, Brasília, Budapest, Frankfurt, Geneva, Lagos, Milan, New Delhi, Paris, Prague, Vienna, and Zagreb, and others, targeting Central America, the Arabian Peninsula, East Asia, and Continental Europe.
 CNE—an abbreviation for “Computer Network Exploitation“. It is performed by a special cyber-warfare unit of the NSA known as Tailored Access Operations (TAO), which infected over 50,000 computer networks worldwide with malicious software designed to steal sensitive information, and is mostly aimed at Brazil, China, Egypt, India, Mexico, Saudi Arabia, and parts of Eastern Europe
 LARGE CABLE—20 major points of accesses, many of them located within the United States
 FORNSAT—an abbreviation for “Foreign Satellite Collection”. It refers to intercepts from satellites that process data used by other countries such as Britain, Norway, Japan, and the Philippines.

December

According to the classified documents leaked by Snowden, the Australian Signals Directorate (ASD), formerly known as the Defence Signals Directorate, had offered to share intelligence information it had collected with the other intelligence agencies of the UKUSA Agreement. Data shared with foreign countries include “bulk, unselected, unminimised metadata” it had collected. The ASD provided such information on the condition that no Australian citizens were targeted. At the time the ASD assessed that “unintentional collection [of metadata of Australian nationals] is not viewed as a significant issue”. If a target was later identified as being an Australian national, the ASD was required to be contacted to ensure that a warrant could be sought. Consideration was given as to whether “medical, legal or religious information” would be automatically treated differently to other types of data, however a decision was made that each agency would make such determinations on a case-by-case basis.[273] Leaked material does not specify where the ASD had collected the intelligence information from, however Section 7(a) of the Intelligence Services Act 2001 (Commonwealth) states that the ASD’s role is “…to obtain intelligence about the capabilities, intentions or activities of people or organisations outside Australia…”.[274] As such, it is possible ASD’s metadata intelligence holdings was focused on foreign intelligence collection and was within the bounds of Australian law.

The Washington Post revealed that the NSA has been tracking the locations of mobile phones from all over the world by tapping into the cables that connect mobile networks globally and that serve U.S. cellphones as well as foreign ones. In the process of doing so, the NSA collects more than five billion records of phone locations on a daily basis. This enables NSA analysts to map cellphone owners’ relationships by correlating their patterns of movement over time with thousands or millions of other phone users who cross their paths.[275][276][277][278][279][280][281][282]

The Washington Post also reported that both GCHQ and the NSA make use of location data and advertising tracking files generated through normal internet browsing (with cookies operated by Google, known as “Pref”) to pinpoint targets for government hacking and to bolster surveillance.[283][284][285]

The Norwegian Intelligence Service (NIS), which cooperates with the NSA, has gained access to Russian targets in the Kola Peninsula and other civilian targets. In general, the NIS provides information to the NSA about “Politicians”, “Energy” and “Armament”.[286] A top secret memo of the NSA lists the following years as milestones of the Norway–United States of America SIGINT agreement, or NORUS Agreement:

The NSA considers the NIS to be one of its most reliable partners. Both agencies also cooperate to crack the encryption systems of mutual targets. According to the NSA, Norway has made no objections to its requests from the NIS.[287]

On December 5, Sveriges Television reported the National Defence Radio Establishment (FRA) has been conducting a clandestine surveillance operation in Sweden, targeting the internal politics of Russia. The operation was conducted on behalf of the NSA, receiving data handed over to it by the FRA.[288][289] The Swedish-American surveillance operation also targeted Russian energy interests as well as the Baltic states.[290] As part of the UKUSA Agreement, a secret treaty was signed in 1954 by Sweden with the United States, the United Kingdom, Canada, Australia and New Zealand, regarding collaboration and intelligence sharing.[291]

As a result of Snowden’s disclosures, the notion of Swedish neutrality in international politics was called into question.[citation needed] In an internal document dating from the year 2006, the NSA acknowledged that its “relationship” with Sweden is “protected at the TOP SECRET level because of that nation’s political neutrality.”[292] Specific details of Sweden’s cooperation with members of the UKUSA Agreement include:

  • The FRA has been granted access to XKeyscore, an analytical database of the NSA.[293]
  • Sweden updated the NSA on changes in Swedish legislation that provided the legal framework for information sharing between the FRA and the Swedish Security Service.[52]
  • Since January 2013, a counterterrorism analyst of the NSA has been stationed in the Swedish capital of Stockholm[52]
  • The NSA, GCHQ and the FRA signed an agreement in 2004 that allows the FRA to directly collaborate with the NSA without having to consult GCHQ.[52] About five years later, the Riksdag passed a controversial legislative change, briefly allowing the FRA to monitor both wireless and cable bound signals passing the Swedish border without a court order,[294] while also introducing several provisions designed to protect the privacy of individuals, according to the original proposal.[295] This legislation was amended 11 months later,[296] in an effort to strengthen protection of privacy by making court orders a requirement, and by imposing several limits on the intelligence-gathering.[297][298][299]

According to documents leaked by Snowden, the Special Source Operations of the NSA has been sharing information containing “logins, cookies, and GooglePREFID” with the Tailored Access Operations division of the NSA, as well as Britain’s GCHQ agency.[300]

During the 2010 G-20 Toronto summit, the U.S. embassy in Ottawa was transformed into a security command post during a six-day spying operation that was conducted by the NSA and closely coordinated with the Communications Security Establishment Canada (CSEC). The goal of the spying operation was, among others, to obtain information on international development, banking reform, and to counter trade protectionism to support “U.S. policy goals.”[301] On behalf of the NSA, the CSEC has set up covert spying posts in 20 countries around the world.[10]

In Italy the Special Collection Service of the NSA maintains two separate surveillance posts in Rome and Milan.[302] According to a secret NSA memo dated September 2010, the Italian embassy in Washington, D.C. has been targeted by two spy operations of the NSA:

  • Under the codename “Bruneau”, which refers to mission “Lifesaver”, the NSA sucks out all the information stored in the embassy’s computers and creates electronic images of hard disk drives.[302]
  • Under the codename “Hemlock”, which refers to mission “Highlands”, the NSA gains access to the embassy’s communications through physical “implants”.[302]

Due to concerns that terrorist or criminal networks may be secretly communicating via computer games, the NSA, GCHQ, CIA, and FBI have been conducting surveillance and scooping up data from the networks of many online games, including massively multiplayer online role-playing games (MMORPGs) such as World of Warcraft, as well as virtual worlds such as Second Life, and the Xbox gaming console.[303][304][305][306]

The NSA has cracked the most commonly used cellphone encryption technology, A5/1. According to a classified document leaked by Snowden, the agency can “process encrypted A5/1” even when it has not acquired an encryption key.[307] In addition, the NSA uses various types of cellphone infrastructure, such as the links between carrier networks, to determine the location of a cellphone user tracked by Visitor Location Registers.[308]

US district court judge for the District of Columbia, Richard Leon, declared[309][310][311][312][313][314] on December 16, 2013, that the mass collection of metadata of Americans’ telephone records by the National Security Agency probably violates the fourth amendment prohibition of unreasonable searches and seizures.[315] Leon granted the request for a preliminary injunction that blocks the collection of phone data for two private plaintiffs (Larry Klayman, a conservative lawyer, and Charles Strange, father of a cryptologist killed in Afghanistan when his helicopter was shot down in 2011)[316] and ordered the government to destroy any of their records that have been gathered. But the judge stayed action on his ruling pending a government appeal, recognizing in his 68-page opinion the “significant national security interests at stake in this case and the novelty of the constitutional issues.”[315]

However federal judge William H. Pauley III in New York City ruled[317] the U.S. government’s global telephone data-gathering system is needed to thwart potential terrorist attacks, and that it can only work if everyone’s calls are swept in. U.S. District Judge Pauley also ruled that Congress legally set up the program and that it does not violate anyone’s constitutional rights. The judge also concluded that the telephone data being swept up by NSA did not belong to telephone users, but to the telephone companies. He further ruled that when NSA obtains such data from the telephone companies, and then probes into it to find links between callers and potential terrorists, this further use of the data was not even a search under the Fourth Amendment. He also concluded that the controlling precedent is Smith v. Maryland: “Smith’s bedrock holding is that an individual has no legitimate expectation of privacy in information provided to third parties,” Judge Pauley wrote.[318][319][320][321] The American Civil Liberties Union declared on January 2, 2012 that it will appeal Judge Pauley’s ruling that NSA bulk the phone record collection is legal. “The government has a legitimate interest in tracking the associations of suspected terrorists, but tracking those associations does not require the government to subject every citizen to permanent surveillance,” deputy ACLU legal director Jameel Jaffer said in a statement.[322]

In recent years, American and British intelligence agencies conducted surveillance on more than 1,100 targets, including the office of an Israeli prime minister, heads of international aid organizations, foreign energy companies and a European Union official involved in antitrust battles with American technology businesses.[323]

A catalog of high-tech gadgets and software developed by the NSA’sTailored Access Operations (TAO) was leaked by the German news magazine Der Spiegel.[324] Dating from 2008, the catalog revealed the existence of special gadgets modified to capture computer screenshots and USB flash drives secretly fitted with radio transmitters to broadcast stolen data over the airwaves, and fake base stations intended to intercept mobile phone signals, as well as many other secret devices and software implants listed here:

The Tailored Access Operations (TAO) division of the NSA intercepted the shipping deliveries of computers and laptops in order to install spyware and physical implants on electronic gadgets. This was done in close cooperation with the FBI and the CIA.[324][325][326][327][328][329][330] NSA officials responded to the Spiegel reports with a statement, which said: “Tailored Access Operations is a unique national asset that is on the front lines of enabling NSA to defend the nation and its allies. [TAO’s] work is centred on computer network exploitation in support of foreign intelligence collection.”[331]

In a separate disclosure unrelated to Snowden, the French Trésor public, which runs a certificate authority, was found to have issued fake certificates impersonating Google in order to facilitate spying on French government employees via man-in-the-middle attacks.[332]

On December 4, 2013, The Washington Post released an internal NSA chart illustrating the extent of the agency’s mass collection of mobile phone location records, which amounts to about five billion on a daily basis.[275] The records are stored in a huge database known as FASCIA, which received over 27 terabytes of location data within seven months.[333]

2014

January

The NSA is working to build a powerful quantum computer capable of breaking all types of encryption.[334][335][336][337][338] The effort is part of a US$79.7 million research program known as “Penetrating Hard Targets”. It involves extensive research carried out in large, shielded rooms known as Faraday cages, which are designed to prevent electromagnetic radiation from entering or leaving.[335] Currently, the NSA is close to producing basic building blocks that will allow the agency to gain “complete quantum control on two semiconductorqubits“.[335] Once a quantum computer is successfully built, it would enable the NSA to unlock the encryption that protects data held by banks, credit card companies, retailers, brokerages, governments and health care providers.[334]

According to The New York Times, the NSA is monitoring approximately 100,000 computers worldwide with spy software named Quantum. Quantum enables the NSA to conduct surveillance on those computers on the one hand, and can also create a digital highway for launching cyberattacks on the other hand. Among the targets are the Chinese and Russian military, but also trade institutions within the European Union. The NYT also reported that the NSA can access and alter computers which are not connected with the internet by a secret technology in use by the NSA since 2008. The prerequisite is the physical insertion of the radio frequency hardware by a spy, a manufacturer or an unwitting user. The technology relies on a covert channel of radio waves that can be transmitted from tiny circuit boards and USB cards inserted surreptitiously into the computers. In some cases, they are sent to a briefcase-size relay station that intelligence agencies can set up miles away from the target. The technology can also transmit malware back to the infected computer.[42]

Channel 4 and The Guardian revealed the existence of Dishfire, a massive database of the NSA that collects hundreds of millions of text messages on a daily basis.[339] GCHQ has been given full access to the database, which it uses to obtain personal information of Britons by exploiting a legal loophole.[340]

Each day, the database receives and stores the following amounts of data:

  • Geolocation data of more than 76,000 text messages and other travel information[341]
  • Over 110,000 names, gathered from electronic business cards[341]
  • Over 800,000 financial transactions that are either gathered from text-to-text payments or by linking credit cards to phone users[341]
  • Details of 1.6 million border crossings based on the interception of network roaming alerts[341]
  • Over 5 million missed call alerts[341]
  • About 200 million text messages from around the world[339]

The database is supplemented with an analytical tool known as the Prefer program, which processes SMS messages to extract other types of information including contacts from missed call alerts.[341]

The Privacy and Civil Liberties Oversight Board report on mass surveillance was released on January 23, 2014. It recommends to end the bulk telephone metadata, i.e., bulk phone records – phone numbers dialed, call times and durations, but not call content collection – collection program, to create a “Special Advocate” to be involved in some cases before the FISA court judge and to release future and past FISC decisions “that involve novel interpretations of FISA or other significant questions of law, technology or compliance.”[342][343][344]

According to a joint disclosure by The New York Times, The Guardian, and ProPublica,[345][346][347][348][349] the NSA and GCHQ have begun working together to collect and store data from dozens of smartphoneapplication software by 2007 at the latest. A 2008 GCHQ report, leaked by Snowden asserts that “anyone using Google Maps on a smartphone is working in support of a GCHQ system”. The NSA and GCHQ have traded recipes for various purposes such as grabbing location data and journey plans that are made when a target uses Google Maps, and vacuuming up address books, buddy lists, phone logs and geographic data embedded in photos posted on the mobile versions of numerous social networks such as Facebook, Flickr, LinkedIn, Twitter and other services. In a separate 20-page report dated 2012, GCHQ cited the popular smartphone game “Angry Birds” as an example of how an application could be used to extract user data. Taken together, such forms of data collection would allow the agencies to collect vital information about a user’s life, including his or her home country, current location (through geolocation), age, gender, ZIP code, marital status, income, ethnicity, sexual orientation, education level, number of children, etc.[350][351]

A GCHQ document dated August 2012 provided details of the Squeaky Dolphin surveillance program, which enables GCHQ to conduct broad, real-time monitoring of various social media features and social media traffic such as YouTube video views, the Like button on Facebook, and Blogspot/Blogger visits without the knowledge or consent of the companies providing those social media features. The agency’s “Squeaky Dolphin” program can collect, analyze and utilize YouTube, Facebook and Blogger data in specific situations in real time for analysis purposes. The program also collects the addresses from the billions of videos watched daily as well as some user information for analysis purposes.[352][353][354]

During the 2009 United Nations Climate Change Conference in Copenhagen, the NSA and its Five Eyes partners monitored the communications of delegates of numerous countries. This was done to give their own policymakers a negotiating advantage.[355][356]

The Communications Security Establishment Canada (CSEC) has been tracking Canadian air passengers via free Wi-Fi services at a major Canadian airport. Passengers who exited the airport terminal continued to be tracked as they showed up at other Wi-Fi locations across Canada. In a CSEC document dated May 2012, the agency described how it had gained access to two communications systems with over 300,000 users in order to pinpoint a specific imaginary target. The operation was executed on behalf of the NSA as a trial run to test a new technology capable of tracking down “any target that makes occasional forays into other cities/regions.” This technology was subsequently shared with Canada’s Five Eyes partners – Australia, New Zealand, Britain, and the United States.[357][358][359][360]

On January 27, 2014, The New York Times released[347] an internal NSA document from a 2010 meeting that details the extent of the agency’s surveillance on smartphones. Data collected include phone settings, network connections, Web browsing history, buddy lists, downloaded documents, encryption usage, and user agents. Notice the following line of text at the bottom – “TOP SECRET//COMINT//REL TO USA, FVEY” – which is used to indicated that this top secret document is related to communications intelligence (COMINT), and can be accessed by the USA and its Five Eyes (FVEY) partners in Australia, Britain, Canada, and New Zealand

February

According to research by Süddeutsche Zeitung and TV network NDR the mobile phone of former German chancellor Gerhard Schröder was monitored from 2002 onwards, reportedly because of his government’s opposition to military intervention in Iraq. The source of the latest information is a document leaked by Edward Snowden. The document, containing information about the National Sigint Requirement List (NSRL), had previously been interpreted as referring only to Angela Merkel‘s mobile. However Süddeutsche Zeitung and NDR claim to have confirmation from NSA insiders that the surveillance authorisation pertains not to the individual, but the political post – which in 2002 was still held by Schröder. According to research by the two media outlets, Schröder was placed as number 388 on the list, which contains the names of persons and institutions to be put under surveillance by the NSA.[361][362][363][364]

GCHQ launched a cyber-attack on the activist network “Anonymous“, using denial-of-service attack (DoS) to shut down a chatroom frequented by the network’s members and to spy on them. The attack, dubbed Rolling Thunder, was conducted by a GCHQ unit known as the Joint Threat Research Intelligence Group (JTRIG). The unit successfully uncovered the true identities of several Anonymous members.[365][366][367][368]

The NSA Section 215 bulk telephony metadata program which seeks to stockpile records on all calls made in the U.S. is collecting less than 30 percent of all Americans’ call records because of an inability to keep pace with the explosion in cellphone use according to the Washington Post. The controversial program permits the NSA after a warrant granted by the secret Foreign Intelligence Surveillance Court to record numbers, length and location of every call from the participating carriers.[369][370]

The Intercept reported that the U.S. government is using primarily NSA surveillance to target people for drone strikes overseas. In its report The Intercept author detail the flawed methods which are used to locate targets for lethal drone strikes, resulting in the deaths of innocent people.[371] According to the Washington Post NSA analysts and collectors i.e. NSA personnel which controls electronic surveillance equipment use the NSA’s sophisticated surveillance capabilities to track individual targets geographically and in real time, while drones and tactical units aimed their weaponry against those targets to take them out.[372]

An unnamed US law firm, reported to be Mayer Brown, was targeted by Australia’s ASD. According to Snowden’s documents, the ASD had offered to hand over these intercepted communications to the NSA. This allowed government authorities to be “able to continue to cover the talks, providing highly useful intelligence for interested US customers”.[373][374]

NSA and GCHQ documents revealed that the anti-secrecy organization WikiLeaks and other activist groups were targeted for government surveillance and criminal prosecution. In particular, the IP addresses of visitors to WikiLeaks were collected in real time, and the US government urged its allies to file criminal charges against the founder of WikiLeaks, Julian Assange, due to his organization’s publication of the Afghanistan war logs. The WikiLeaks organization was designated as a “malicious foreign actor”.[375]

Quoting an unnamed NSA official in Germany, Bild am Sonntag reported that whilst President Obama’s order to stop spying on Merkel was being obeyed, the focus had shifted to bugging other leading government and business figures including Interior Minister Thomas de Maiziere, a close confidant of Merkel. Caitlin Hayden, a security adviser to President Obama, was quoted in the newspaper report as saying, “The US has made clear it gathers intelligence in exactly the same way as any other states.”[376][377]

The Intercept reveals that government agencies are infiltrating online communities and engaging in “false flag operations” to discredit targets among them people who have nothing to do with terrorism or national security threats. The two main tactics that are currently used are the injection of all sorts of false material onto the internet in order to destroy the reputation of its targets; and the use of social sciences and other techniques to manipulate online discourse and activism to generate outcomes it considers desirable.[378][379][380][381]

The Guardian reported that Britain’s surveillance agency GCHQ, with aid from the National Security Agency, intercepted and stored the webcam images of millions of internet users not suspected of wrongdoing. The surveillance program codenamed Optic Nerve collected still images of Yahoo webcam chats (one image every five minutes) in bulk and saved them to agency databases. The agency discovered “that a surprising number of people use webcam conversations to show intimate parts of their body to the other person”, estimating that between 3% and 11% of the Yahoo webcam imagery harvested by GCHQ contains “undesirable nudity”.[382]

March

The NSA has built an infrastructure which enables it to covertly hack into computers on a mass scale by using automated systems that reduce the level of human oversight in the process. The NSA relies on an automated system codenamed TURBINE which in essence enables the automated management and control of a large network of implants (a form of remotely transmitted malware on selected individual computer devices or in bulk on tens of thousands of devices). As quoted by The Intercept, TURBINE is designed to “allow the current implant network to scale to large size (millions of implants) by creating a system that does automated control implants by groups instead of individually.”[383] The NSA has shared many of its files on the use of implants with its counterparts in the so-called Five Eyes surveillance alliance – the United Kingdom, Canada, New Zealand, and Australia.

Among other things due to TURBINE and its control over the implants the NSA is capable of:

  • breaking into targeted computers and to siphoning out data from foreign Internet and phone networks
  • infecting a target’s computer and exfiltrating files from a hard drive
  • covertly recording audio from a computer’s microphone and taking snapshots with its webcam
  • launching cyberattacks by corrupting and disrupting file downloads or denying access to websites
  • exfiltrating data from removable flash drives that connect to an infected computer

The TURBINE implants are linked to, and relies upon, a large network of clandestine surveillance “sensors” that the NSA has installed at locations across the world, including the agency’s headquarters in Maryland and eavesdropping bases used by the agency in Misawa, Japan and Menwith Hill, England. Codenamed as TURMOIL, the sensors operate as a sort of high-tech surveillance dragnet, monitoring packets of data as they are sent across the Internet. When TURBINE implants exfiltrate data from infected computer systems, the TURMOIL sensors automatically identify the data and return it to the NSA for analysis. And when targets are communicating, the TURMOIL system can be used to send alerts or “tips” to TURBINE, enabling the initiation of a malware attack. To identify surveillance targets, the NSA uses a series of data “selectors” as they flow across Internet cables. These selectors can include email addresses, IP addresses, or the unique “cookies” containing a username or other identifying information that are sent to a user’s computer by websites such as Google, Facebook, Hotmail, Yahoo, and Twitter, unique Google advertising cookies that track browsing habits, unique encryption key fingerprints that can be traced to a specific user, and computer IDs that are sent across the Internet when a Windows computer crashes or updates.[383][384][385][386][387][388][389][390][391][392][393][394][395][396][397][398]

The CIA was accused by U.S. Senate Intelligence Committee Chairwoman Dianne Feinstein of spying on a stand-alone computer network established for the committee in its investigation of allegations of CIA abuse in a George W. Bush-era detention and interrogation program.[399]

A voice interception program codenamed MYSTIC began in 2009. Along with RETRO, short for “retrospective retrieval” (RETRO is voice audio recording buffer that allows retrieval of captured content up to 30 days into the past), the MYSTIC program is capable of recording “100 percent” of a foreign country’s telephone calls, enabling the NSA to rewind and review conversations up to 30 days and the relating metadata. With the capability to store up to 30 days of recorded conversations MYSTIC enables the NSA to pull an instant history of the person’s movements, associates and plans.[400][401][402][403][404][405]

On March 21, Le Monde published slides from an internal presentation of the Communications Security Establishment Canada, which attributed a piece of malicious software to French intelligence. The CSEC presentation concluded that the list of malware victims matched French intelligence priorities and found French cultural reference in the malware’s code, including the name Babar, a popular French children’s character, and the developer name “Titi”.[406]

The French telecommunications corporation Orange S.A. shares its call data with the French intelligence agency DGSE, which hands over the intercepted data to GCHQ.[407]

The NSA has spied on the Chinese technology company Huawei.[408][409][410] Huawei is a leading manufacturer of smartphones, tablets, mobile phone infrastructure, and WLAN routers and installs fiber optic cable. According to Der Spiegel this “kind of technology […] is decisive in the NSA’s battle for data supremacy.”[411] The NSA, in an operation named “Shotgiant”, was able to access Huawei’s email archive and the source code for Huawei’s communications products.[411] The US government has had longstanding concerns that Huawei may not be independent of the People’s Liberation Army and that the Chinese government might use equipment manufactured by Huawei to conduct cyberespionage or cyberwarfare. The goals of the NSA operation were to assess the relationship between Huawei and the PLA, to learn more the Chinese government’s plans and to use information from Huawei to spy on Huawei’s customers, including Iran, Afghanistan, Pakistan, Kenya, and Cuba. Former Chinese President Hu Jintao, the Chinese Trade Ministry, banks, as well as telecommunications companies were also targeted by the NSA.[408][411]

The Intercept published a document of an NSA employee discussing how to build a database of IP addresses, webmail, and Facebook accounts associated with system administrators so that the NSA can gain access to the networks and systems they administer.[412][413]

At the end of March 2014, Der Spiegel and The Intercept published, based on a series of classified files from the archive provided to reporters by NSA whistleblower Edward Snowden, articles related to espionage efforts by GCHQ and NSA in Germany.[414][415] The British GCHQ targeted three German internet firms for information about Internet traffic passing through internet exchange points, important customers of the German internet providers, their technology suppliers as well as future technical trends in their business sector and company employees.[414][415] The NSA was granted by the Foreign Intelligence Surveillance Court the authority for blanket surveillance of Germany, its people and institutions, regardless whether those affected are suspected of having committed an offense or not, without an individualized court order specifying on March 7, 2013.[415] In addition Germany’s chancellor Angela Merkel was listed in a surveillance search machine and database named Nymrod along with 121 others foreign leaders.[414][415] As The Intercept wrote: “The NSA uses the Nymrod system to ‘find information relating to targets that would otherwise be tough to track down,’ according to internal NSA documents. Nymrod sifts through secret reports based on intercepted communications as well as full transcripts of faxes, phone calls, and communications collected from computer systems. More than 300 ‘cites’ for Merkel are listed as available in intelligence reports and transcripts for NSA operatives to read.”[414]

April

Towards the end of April, Edward Snowden said that the United States surveillance agencies spy on Americans more than anyone else in the world, contrary to anything that has been said by the government up until this point.[416]

May

An article published by Ars Technica shows NSA’s Tailored Access Operations (TAO) employees intercepting a Cisco router.[417]

The Intercept and WikiLeaks revealed information about which countries were having their communications collected as part of the MYSTIC surveillance program. On May 19, The Intercept reported that the NSA is recording and archiving nearly every cell phone conversation in the Bahamas with a system called SOMALGET, a subprogram of MYSTIC. The mass surveillance has been occurring without the Bahamian government’s permission.[418] Aside from the Bahamas, The Intercept reported NSA interception of cell phone metadata in Kenya, the Philippines, Mexico and a fifth country it did not name due to “credible concerns that doing so could lead to increased violence.” WikiLeaks released a statement on May 23 claiming that Afghanistan was the unnamed nation.[419]

In a statement responding to the revelations, the NSA said “the implication that NSA’s foreign intelligence collection is arbitrary and unconstrained is false.”[418]

Through its global surveillance operations the NSA exploits the flood of images included in emails, text messages, social media, videoconferences and other communications to harvest millions of images. These images are then used by the NSA in sophisticated facial recognition programs to track suspected terrorists and other intelligence targets.[420]

June

Vodafone revealed that there were secret wires that allowed government agencies direct access to their networks.[421] This access does not require warrants and the direct access wire is often equipment in a locked room.[421] In six countries where Vodafone operates, the law requires telecommunication companies to install such access or allows governments to do so.[421] Vodafone did not name these countries in case some governments retaliated by imprisoning their staff.[421]Shami Chakrabarti of Liberty said “For governments to access phone calls at the flick of a switch is unprecedented and terrifying. Snowden revealed the internet was already treated as fair game. Bluster that all is well is wearing pretty thin – our analogue laws need a digital overhaul.”[421] Vodafone published its first Law Enforcement Disclosure Report on June 6, 2014.[421] Vodafone group privacy officer Stephen Deadman said “These pipes exist, the direct access model exists. We are making a call to end direct access as a means of government agencies obtaining people’s communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used.”[421] Gus Hosein, director of Privacy International said “I never thought the telcos would be so complicit. It’s a brave step by Vodafone and hopefully the other telcos will become more brave with disclosure, but what we need is for them to be braver about fighting back against the illegal requests and the laws themselves.”[421]

Above-top-secret documentation of a covert surveillance program named Overseas Processing Centre 1 (OPC-1) (codenamed “CIRCUIT”) by GCHQ was published by The Register. Based on documents leaked by Edward Snowden, GCHQ taps into undersea fiber optic cables via secret spy bases near the Strait of Hormuz and Yemen. BT and Vodafone are implicated.[422]

The Danish newspaper Dagbladet Information and The Intercept revealed on June 19, 2014, the NSA mass surveillance program codenamed RAMPART-A. Under RAMPART-A, ‘third party’ countries tap into fiber optic cables carrying the majority of the world’s electronic communications and are secretly allowing the NSA to install surveillance equipment on these fiber-optic cables. The foreign partners of the NSA turn massive amounts of data like the content of phone calls, faxes, e-mails, internet chats, data from virtual private networks, and calls made using Voice over IP software like Skype over to the NSA. In return these partners receive access to the NSA’s sophisticated surveillance equipment so that they too can spy on the mass of data that flows in and out of their territory. Among the partners participating in the NSA mass surveillance program are Denmark and Germany.[423][424][425]

July

During the week of July 4, a 31-year-old male employee of Germany‘s intelligence service BND was arrested on suspicion of spying for the United States. The employee is suspected of spying on the German Parliamentary Committee investigating the NSA spying scandal.[426]

Former NSA official and whistleblower William Binney spoke at a Centre for Investigative Journalism conference in London. According to Binney, “at least 80% of all audio calls, not just metadata, are recorded and stored in the US. The NSA lies about what it stores.” He also stated that the majority of fiber optic cables run through the U.S., which “is no accident and allows the US to view all communication coming in.”[427]

The Washington Post released a review of a cache provided by Snowden containing roughly 160,000 text messages and e-mails intercepted by the NSA between 2009 and 2012. The newspaper concluded that nine out of ten account holders whose conversations were recorded by the agency “were not the intended surveillance targets but were caught in a net the agency had cast for somebody else.” In its analysis, The Post also noted that many of the account holders were Americans.[428]

On July 9, a soldier working within Germany’s Federal Ministry of Defence (BMVg) fell under suspicion of spying for the United States.[429] As a result of the July 4 case and this one, the German government expelled the CIA station chief in Germany on July 17.[430]

On July 18, former State Department official John Tye released an editorial in The Washington Post, highlighting concerns over data collection under Executive Order 12333. Tye’s concerns are rooted in classified material he had access to through the State Department, though he has not publicly released any classified materials.[431]

August

The Intercept reported that the NSA is “secretly providing data to nearly two dozen U.S. government agencies with a ‘Google-like’ search engine” called ICREACH. The database, The Intercept reported, is accessible to domestic law enforcement agencies including the FBI and the Drug Enforcement Administration and was built to contain more than 850 billion metadata records about phone calls, emails, cellphone locations, and text messages.[432][433]

2015

February

Based on documents obtained from Snowden, The Intercept reported that the NSA and GCHQ had broken into the internal computer network of Gemalto and stolen the encryption keys that are used in SIM cards no later than 2010. As of 2015, the company is the world’s largest manufacturer of SIM cards, making about two billion cards a year. With the keys, the intelligence agencies could eavesdrop on cell phones without the knowledge of mobile phone operators or foreign governments.[434]

March

The New Zealand Herald, in partnership with The Intercept, revealed that the New Zealand government used XKeyscore to spy on candidates for the position of World Trade Organization director general[435] and also members of the Solomon Islands government.[436]

April

In January 2015, the DEA revealed that it had been collecting metadata records for all telephone calls made by Americans to 116 countries linked to drug trafficking. The DEA’s program was separate from the telephony metadata programs run by the NSA.[437] In April, USA Today reported that the DEA’s data collection program began in 1992 and included all telephone calls between the United States and from Canada and Mexico. Current and former DEA officials described the program as the precursor of the NSA’s similar programs.[438] The DEA said its program was suspended in September 2013, after a review of the NSA’s programs and that it was “ultimately terminated.”[437]

2016

January

August

Reaction

Reactions of citizens

The disclosure provided impetus for the creation of social movements against mass surveillance, such as Restore the Fourth, and actions like Stop Watching Us and The Day We Fight Back. On the legal front, the Electronic Frontier Foundation joined a coalition of diverse groups filing suit against the NSA. Several human rights organizations have urged the Obama administration not to prosecute, but protect, “whistleblower Snowden”: Amnesty International, Human Rights Watch, Transparency International, and the Index on Censorship, among others.[442][443][444][445] On the economic front, several consumer surveys registered a drop in online shopping and banking activity as a result of the Snowden revelations.[446]

Reactions of political leaders

United States

File:US President Barack Obama, surveillance activities, June 2013.ogv

On June 7, 2013, President Obama emphasized the importance of surveillance to prevent terrorist attacks

Domestically, President Barack Obama claimed that there is “no spying on Americans”,[447][448] and White House Press Secretary Jay Carney asserted that the surveillance programs revealed by Snowden have been authorized by Congress.[449]

On the international front, U.S. Attorney General Eric Holder stated that “we cannot target even foreign persons overseas without a valid foreign intelligence purpose.”[450]

United Kingdom

Prime Minister David Cameron warned journalists that “if they don’t demonstrate some social responsibility it will be very difficult for government to stand back and not to act.”[451]Deputy Prime MinisterNick Clegg emphasized that the media should “absolutely defend the principle of secrecy for the intelligence agencies”.[452]

Foreign Secretary William Hague claimed that “we take great care to balance individual privacy with our duty to safeguard the public and UK national security.”[453] Hague defended the Five Eyes alliance and reiterated that the British-U.S. intelligence relationship must not be endangered because it “saved many lives”.[454]

Australia

Former Prime Minister Tony Abbott stated that “every Australian governmental agency, every Australian official at home and abroad, operates in accordance with the law”.[455] Abbott criticized the Australian Broadcasting Corporation for being unpatriotic due to its reporting on the documents provided by Snowden, whom Abbott described as a “traitor”.[456][457] Foreign Minister Julie Bishop also denounced Snowden as a traitor and accused him of “unprecedented” treachery.[458] Bishop defended the Five Eyes alliance and reiterated that the Australian–U.S. intelligence relationship must not be endangered because it “saves lives”.[459]

Germany

Lawyers and judges protest boundless monitoring at PRISM debate in Germany, 18 November 2013

In July 2013, Chancellor Angela Merkel defended the surveillance practices of the NSA, and described the United States as “our truest ally throughout the decades”.[460][461] After the NSA’s surveillance on Merkel was revealed, however, the Chancellor compared the NSA with the Stasi.[462] According to The Guardian, Berlin is using the controversy over NSA spying as leverage to enter the exclusive Five Eyes alliance.[463]

Interior Minister Hans-Peter Friedrich stated that “the Americans take our data privacy concerns seriously.”[464] Testifying before the German Parliament, Friedrich defended the NSA’s surveillance, and cited five terrorist plots on German soil that were prevented because of the NSA.[465] However, in April 2014, another German interior minister criticized the United States for failing to provide sufficient assurances to Germany that it had reined in its spying tactics. Thomas de Maiziere, a close ally of Merkel, told Der Spiegel: “U.S. intelligence methods may be justified to a large extent by security needs, but the tactics are excessive and over-the-top.”[466]

Sweden

Minister for Foreign AffairsCarl Bildt, defended the FRA and described its surveillance practices as a “national necessity”.[467]Minister for DefenceKarin Enström said that Sweden’s intelligence exchange with other countries is “critical for our security” and that “intelligence operations occur within a framework with clear legislation, strict controls and under parliamentary oversight.”[468][469]

Netherlands

Interior Minister Ronald Plasterk apologized for incorrectly claiming that the NSA had collected 1.8 million records of metadata in the Netherlands. Plasterk acknowledged that it was in fact Dutch intelligence services who collected the records and transferred them to the NSA.[470][471]

Denmark

The Danish Prime Minister Helle Thorning-Schmidt has praised the American intelligence agencies, claiming they have prevented terrorist attacks in Denmark, and expressed her personal belief that the Danish people “should be grateful” for the Americans’ surveillance.[472] She has later claimed that the Danish authorities have no basis for assuming that American intelligence agencies have performed illegal spying activities towards Denmark or Danish interests.[473]

Review of intelligence agencies

Germany

In July 2013, the German government announced an extensive review of Germany’s intelligence services.[474][475]

United States

In August 2013, the U.S. government announced an extensive review of U.S. intelligence services.[476][477]

United Kingdom

In October 2013, the British government announced an extensive review of British intelligence services.[478]

Canada

In December 2013, the Canadian government announced an extensive review of Canada’s intelligence services.[479]

Criticism

In January 2014, U.S. President Barack Obama said that “the sensational way in which these disclosures have come out has often shed more heat than light”[23] and critics such as Sean Wilentz claimed that “the NSA has acted far more responsibly than the claims made by the leakers and publicized by the press.” In Wilentz’ view “The leakers have gone far beyond justifiably blowing the whistle on abusive programs. In addition to their alarmism about [U.S.] domestic surveillance, many of the Snowden documents released thus far have had nothing whatsoever to do with domestic surveillance.”[24]Edward Lucas, former Moscow bureau chief for The Economist, agreed, asserting that “Snowden’s revelations neatly and suspiciously fits the interests of one country: Russia” and citing Masha Gessen‘s statement that “The Russian propaganda machine has not gotten this much mileage out of a US citizen since Angela Davis‘s murder trial in 1971.”[480]

Bob Cesca objected to The New York Times failing to redact the name of an NSA employee and the specific location where an al Qaeda group was being targeted in a series of slides the paper made publicly available.[481]

Russian journalist Andrei Soldatov argued that Snowden’s revelations had had negative consequences for internet freedom in Russia, as Russian authorities increased their own surveillance and regulation on the pretext of protecting the privacy of Russian users. Snowden’s name was invoked by Russian legislators who supported measures forcing platforms such as Google, Facebook, Twitter and Gmail and YouTube to locate their servers on Russian soil or install SORM black boxes on their servers so that Russian authorities could control them.[482] Soldatov also contended that as a result of the disclosures, international support for having national governments take over the powers of the organizations involved in coordinating the Internet’s global architectures had grown, which could lead to a Balkanization of the Internet that restricted free access to information.[483] The Montevideo Statement on the Future of Internet Cooperation issued in October 2013, by ICANN and other organizations warned against “Internet fragmentation at a national level” and expressed “strong concern over the undermining of the trust and confidence of Internet users globally due to recent revelations”.[484]

In late 2014, Freedom House said “[s]ome states are using the revelations of widespread surveillance by the U.S. National Security Agency (NSA) as an excuse to augment their own monitoring capabilities, frequently with little or no oversight, and often aimed at the political opposition and human rights activists.”[485]

Gallery

Comparison with other leaks

Year Disclosure Size Main source(s) Major publisher(s)
2016 Panama Papers 11.5 million documents “John Doe” Süddeutsche Zeitung, International Consortium of Investigative Journalists, The Guardian, BBC, Le Monde, Tamedia, Falter, La Nación, NDR, WDR, ORF
2013 Global surveillance disclosure 1.5–1.77 million documents[486] Edward Snowden The Guardian, The New York Times, The Washington Post, Der Spiegel, El País, Le Monde, L’espresso, O Globo, ProPublica, Australian Broadcasting Corporation, Canadian Broadcasting Corporation, NRC Handelsblad, Sveriges Television
2010 U.S. Army and U.S. State Department documents 734,885 files Chelsea Manning The Guardian, The New York Times, Der Spiegel, Le Monde, El País, WikiLeaksThe material consisted of:

1971 Pentagon Papers 4,100 pages Daniel Ellsberg The New York Times

See also

https://en.wikipedia.org/wiki/Global_surveillance_disclosures_(2013%E2%80%93present)

Story 2: Lying Lunatic Left Democratic National Committee Chair Tom Perez Cracks up — Videos — 

New DNC chair Tom Perez hits out against Trump and does not recognize the results of elections

DNC Chair Tom Perez Rants That Donald Trump Didn’t Win The Election

Trump Worst President in US History – New Democrat Chairman

Michelle Malkin dishes the dirt on Thomas Perez.

Rachel Maddow Blaming Russia for Brock/Clinton Sabotage of Sanders Social Media, New low

Bernie Sanders Shilling of Russia Fairytale is Shameful Protectionism of Democratic Establishment

Enough with the Democratic Party Doesn’t Get It….They Totally Get It & Keep Playing Us as Fools

DNC Chair Debate Shows Why Party Political Graveyard for True People’s Movement

DNC chair Tom Perez: Literally hours into his presidency Trump proved he was a fraud

Bernie Sanders Speaks On New DNC Chair Tom Perez

Watch: DNC chair Tom Perez becomes unhinged, goes on profanity-laced anti-Trump rant

Newly elected chairman of the Democratic National Committee Tom Perez became unhinged during an event in New Jersey on Friday, where he claimed that President Donald Trump “didn’t win” last year’s presidential election.

During a short speech at an event hosted by the New Jersey Working Families Alliance in Newark on Friday, Perez hailed Democratic opposition to the Republican plan to replace Obamacare and declared that although Jan. 20 — the day Trump became president — was historic, Jan. 21 was even more important because that’s the day “the resistance took over,” while lauding protesters across the nation.

“They marched all over the world and said, “Donald Trump, you don’t stand for our values…Donald Trump you didn’t win the election,’” Perez claimed.

Later in his speech, Perez bashed Trump for “wanting his name on everything,” citing Trump Tower and “Trump steaks,” but noted that when it came to the GOP health care repeal plan, Trump didn’t want to put his name on it.

That’s when Perez made an unbelievable claim.

“Republicans don’t give a sh*t about people,” he said when talking about the GOP health care plan. “That’s what it’s about.”

Perez’s comment incited a thunderous applause and cheers from the crowd.

Prior to being elected DNC chairman earlier this year, Perez served as the labor secretary under former President Barack Obama.

TheBlaze has reached out to the DNC for comment and will update if we receive a response.

http://www.theblaze.com/news/2017/04/01/watch-dnc-chair-tom-perez-becomes-unhinged-goes-on-profanity-laced-anti-trump-rant/

Tom Perez won’t apologize for insulting Trump and GOP leaders. Here’s why.

April 2 at 6:17 PM

On Friday, Democratic National Committee Chairman Tom Perez told activists in New Jersey that their protests were hitting the Trump administration where it hurt. He pointed to Jan. 21, the day of the Women’s March, as the start of a resistance that had been more effective than critics ever expected.

“Women marched all over the world and said: Donald Trump, you don’t stand for our values!” Perez said. “That’s what they said. Donald Trump, you didn’t win this election!” If anyone didn’t want to hear this, Perez had an answer: “I don’t care, because they don’t give a s— about people.”

Hours later, the conservative Daily Caller posted clips of Perez’s remarks for a story that was shared on Facebook more than 18,000 times. Ronna Romney McDaniel, the new chair of the Republican National Committee, demanded an apology for the “dangerous” remarks, snarking that Perez “needs a lesson on how the electoral college works.”

But Perez did not apologize. On Saturday, in Texas, he said exactly the same thing. In an email, Perez spokeswoman Xochitl Hinojosa explained that the DNC chair was not going to stop belittling Trump’s victory.

“Tom has not only pointed out that the Russians interfered in this election to help Donald Trump get elected, but Hillary Clinton won the popular vote by nearly 3 million people,” Hinojosa said. “Since before Trump stepped foot in the Oval Office, his divisive and destructive views had already been rejected by a vast majority of the American people.”

Perez’s speeches, which made news on conservative websites all weekend, reflected the tonal shift — perhaps a permanent one — that Democrats have undergone since their 2016 defeat. Covering Perez’s campaign for DNC chair, I saw firsthand how the affable former labor secretary grew more and more aggressive in the ways he mocked and decried the Trump administration.

That sometimes involved four-letter words. At a speech in Detroit, Perez said Trump graduated from “Makin’ S— Up University,” and at several live-streamed candidate forums, he described the administration’s executive orders on labor rules as “bulls—t.” The New Jersey and Texas speeches were the latest in a string of fiery Perez open mics; they were just the first to cross the radar of conservative media.

Democrats don’t mind the attention. Their new, harsher tone came after Clinton and the entire Democratic Party tried, and failed, to brand Trump as too crude to serve in the White House. As a post-election study by the Wesleyan Media Project found, Clinton’s ad campaign was historically negative and light on policy, with 90 percent of its TV commercials focusing on Trump’s personality. The upshot of those ads was that a President Trump would embarrass Americans. In “Role Models,” viewers saw bewildered children watch Trump on TV as he shoots off insults.

In “Captain Khan,” a well-made ad that dazzled pundits, the father of a Muslim U.S. soldier who had been killed in action in Iraq reflected on how Trump’s insults and threat to ban Muslims from entering the United States made him feel unwelcome in a country he now calls home.

We can cut to the chase: These ads did not work. Compelling, and designed in part to keep educated suburbanites in Clinton’s camp, they were predicated on the theory that voters would see Trump as unacceptable and overcome doubts to vote for the Democrat. In key states, even though majorities of voters viewed Trump unfavorably, pluralities picked him anyway.

The long tail of that experience is that progressives stopped caring about the tone of politics. They felt that Clinton, by failing to strip the bark off Trump’s record and policies, had blown an advantage with voters who saw her as more qualified to be president. In the moment, Michelle Obama’s saying that “when they go low, we go high” mirrored what progressives felt about the campaign. As soon as Clinton lost, it felt like a giant strategic error. (And it never took into account the rumors, fed in conservative media for decades, that Clinton was a foul-mouthed tyrant when the cameras were off.)

Remember “When they go low we go high?”
Yeah, that’s super dead.

Clinton’s approach was summed up in the second presidential debate, which Trump entered at a serious disadvantage, bleeding support after the release of the “Access Hollywood” tape in which he bragged about sexually assaulting a woman. Trump’s solution: bring four women who had accused Bill Clinton of sexual assault to the debate and deflect a question about his own scandal by attacking his opponent’s husband.

Hillary Clinton responded by invoking Trump’s insults.

When I hear something like that, I am reminded of what my friend Michelle Obama advised us all. When they go low, you go high. And, look, if this were just about one video, maybe what he is saying tonight would be understandable. But everyone can draw their own conclusions at this point about whether or not the man in the video or the man on the stage respects women. But he never apologizes for anything to anyone. He never apologized to Mr. And Mrs. Khan, the Gold Star family whose son, Captain Khan, died in the line of duty in Iraq, and Donald insulted and attacked them for weeks over their religion. He never apologized to the distinguished federal judge who was born in Indiana, but Donald said he couldn’t be trusted to be a judge because his parents were “Mexican.” He never apologized to the reporter that he mimicked and mocked on national television and our children were watching. And he never apologized for the racist lie that President Obama was not born in the United States of America. He owes the president an apology and he owes our country an apology and he needs to take responsibility for his actions and his words.

Again, in the moment, this was exactly what Democrats wanted to hear — and what they thought voters wanted to hear. It was inconceivable that the man who perpetuated the “birther” lie could take the presidency. But since then, they’ve seen Trump get away with plenty more insults. More important, they’ve reflected on how Clinton made her response personal, instead of tying Trump to the Republican Party and its policies. And one result was watching Trump take the White House.

This has not just curdled political rhetoric in general; it has emboldened Democrats to make fun of the increasingly unpopular president, and to portray Republicans as dishonest and heartless. One might argue that they’ve always said that about Republicans, but again, the Clinton campaign tried to “go high” about this stuff. In her August 2016 speech condemning the “alt-right,” Clinton noted that House Speaker Paul D. Ryan (R-Wis.) had condemned Trump’s insult of the judge handling his university fraud case and attacked Stephen K. Bannon for his criticism of Ryan’s “social-justice Catholicism.”

Clinton’s reward? Ryan would demand that she fire Catholic staffers whose conversation criticizing right-wing elements in the church was stolen by hackers and released by WikiLeaks. In my coverage of the left, Clinton’s occasional attempts to separate Trump from the broader, “reasonable” Republican Party are remembered as massive strategic errors.

Perez, who endorsed Clinton for president, has more or less embraced that view. Asked whether he would apologize for the “give a s—” line, Hinojosa said Perez stood by his comment completely.

“Tom Perez has said repeatedly, including in New Jersey, that Republican leaders like Donald Trump, Paul Ryan and others in Congress have shown us that they don’t care about the American people, especially when it comes to providing families with affordable health insurance,” she said in the email. “The Republican health-care bill would have taken away coverage from 24 million people, imposed an age tax, and made Americans pay more money for less care. Republicans are making it harder to save for retirement, and one of the first acts under President Trump was to make it harder for homebuyers to afford a mortgage. These actions and many others are further proof that Republican leaders in Washington don’t care about the American people and are only looking out for their wealthy friends.”

There were fewer four-letter words in that statement, but it’s part of a continuum of Trump-era Democratic rhetoric. In 2016, the party learned that voters really did not mind if a candidate was rough or profane. It cost a few voters; to more, it came across as toughness. Democrats no longer shame voters for putting up with Trump’s rhetoric. They portray him as a phony who didn’t earn his victory and is betraying the voters who trusted him. They don’t know if this will work. But they’re sure as s— going to try.

https://www.washingtonpost.com/news/the-fix/wp/2017/04/02/tom-perez-wont-apologize-for-insulting-trump-and-gop-leaders-heres-why/?utm_term=.57211dd7332d

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The Pronk Pops Show 386, December 11, 2014, Story 1: The Democratic Party War on The Central Intelligence Agency Will Lead To Blow-back and Payback When CIA Agents Reveal What They Were Really Doing in Benghazi — Shipping Arms To Syrian Rebels Including Al-Qaeda — Impeachable Offenses — The Genie Is Out of The Bottle and The CIA Knows Where The Bodies Are Buried — Do The Ends Ever Justify The Means? — Videos

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Pronk Pops Show 326: September 10, 2014

Pronk Pops Show 325: September 9, 2014

Pronk Pops Show 324: September 8, 2014

Pronk Pops Show 323: September 5, 2014

Pronk Pops Show 322: September 4, 2014

Pronk Pops Show 321: September 3, 2014

 Story 1: The Democratic Party War on The Central Intelligence Agency Will Lead To Blow-back and Payback When CIA Agents Reveal What They Were Really Doing in Benghazi — Shipping Arms To Syrian Rebels Including Al-Qaeda — Impeachable Offenses — The Genie Is Out of The Bottle and The CIA Knows Where The Bodies Are Buried — Do The Ends Ever Justify The Means? — Remembering September 11, 2001 and 2012 –Videos

obama-arming-al-qaeda-syria-battaile-politics-13526874571

CIA Special Operator

Covert Action

“The term “covert action” means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include . . . (2) traditional . . . military activities or routine support to such activities.

People Falling from the World Trade Center

9/11 – The Falling Man

Breaking News December 2014 Dick Cheney CIA interrogation techniques I’d do it again in a minute

Cheney Accuses Chuck Todd of Taking a Cheap Shot

Dick Cheney Says CIA Torture Report ‘ FULL OF CRAP ‘ (Full VIDEO)

John Brennan CIA Director Responds To Torture Report in Press Conference ( FULL VIDEO)

Conversation: Putting the CIA Interrogation Report Into Context

Former CIA Officer Defends Torture Programme He Designed

Ex-CIA defends CIA torture (09Dec14)

CIA Headquarters in Langley, Virginia: Changes to Interrogation Policy for the United States (2009)

Paul on Benghazi: Hillary Was ‘Most Eager’ to Get Arms From Libya to Syria

CNN CIA Pressuring Agents With Knowledge Of Benghazi To Keep Silent ‘You Jeopardize Your Family’

Obama Approves CIA Covert Actions In Libya 3/30/11 – CNN

 

Treason Exposed! Obama Used Benghazi Attack to Cover Up Arms Shipments to Muslim Brotherhood

What roles Turkey play in Syria’s insurgency?

NY Times says CIA supplying arms to Syria insurgents

WW3 in ACTION: US LAUNCH covert OPERATION to ARM militants in Syria with HEAVY WEAPONS!

Retired Lt. Gen. Jerry Boykin suspects US Was Running Guns To Syrian Rebels Via Benghazi

Retired Army Lt. Gen. William G. Boykin—who is the former commander of the U.S. Special Forces Command, the former deputy undersecretary of defense for intelligence and who, in the 1990s, worked with the CIA—told CNSNews.com in a video interview last week that he believes it is a reasonable supposition that the U.S. was supporting or planning to support the Syrian rebels via Benghazi, Libya.

Trey Gowdy Opening Statement Benghazi Hearing 9.17.14

Robert David Steele: Former CIA Spy Benghazi Was CIA Operation

The Benghazi Select Committee: Many Questions Remain Unanswered

G. Edward Griffin – The Collectivist Conspiracy

G. Edward Griffin- On Individualism v Collectivism #1

G. Edward Griffin- On Individualism v Collectivism #2

CNBC: BENGAHZI IS NOT ABOUT LIBYA! “It’s An NSC Operation Moving Arms & Fighters Into Syria”

Ron Paul on Covert U.S. Support of Terrorist Insurrection in Syria

June 27, 2012 – Ron Paul warns of the ongoing U.S. government’s covert support of the terrorist insurrection against the Syrian government and offers a short history of the quagmires and blowback that U.S. interventions abroad have brought about.

Glenn Beck – Benghazi: Truth coming out

Soros, Obama & ‘Responsibility to Protect’

END WAR: Scheuer On CIA In Libya To Arm Islamist And May Be US Ground Invasion In Another Arab State

The truth about SYRIA by Westerns

Syrian Rebels Capture City Near Jordanian Border – Libya Vs Syria Where’s The Obama Admin?

Gaffney on Benghazi » Not Just About Cover Up « About Administration Embracing Muslim Brotherhood

ADM Lyons, “Muslim Brotherhood has penetrated every government agency”

ADM “Ace” Lyons, Former Commander in Chief of the U.S. Pacific Fleet, the largest single military command in the world, states, “The Muslim Brotherhood has penetrated every level of the US government.”

End the Coverup: Rep. Frank Wolf Urges New Benghazi Investigation

Rep. Frank Wolf called a press conference outside the capitol to discuss his sponsorship of H. Res. 36, which would create a special congressional committee to investigate the failures that contributed to the deadly jihadist attack in Benghazi, Libya last year. He was joined by Family Research Council’s Lt. Gen. Jerry Boykin, former Deputy Undersecretary of Defense for Intelligence and former member of Delta Force. Boykin represented Special Operations Speaks, a group of ex-special forces operators who came together to write a letter to Members of Congress, urging them to commit to getting to the bottom of what happened in Benghazi, and to end the administration’s cover-up. Finally, the Center for Security Policy’s Frank Gaffney spoke about the implications of the attack in Libya on America’s national security and foreign policy in the Middle East/North Africa region.

Write a letter to your congressman at Http://www.endthecoverup.com

Gen. Jerry Boykin: “Get accountability and get the truth out” on Benghazi

Rand Paul: I Believe Part of Cause for Benghazi Attack Was Gun-Running Operation Going

Syrian rebel group Al-Nusra allies itself to al-Qaeda

Nusra Front and al-Qaeda in Iraq are joining forces to bring back the Caliphate.

A Caliphate Is Coming – GBTV

Obama Hiding Arms Shipments To Syrian Jihadists

Lebanon seizes 150 tons of Libyan arms en route to Syrian rebels

Treason: Benghazi Revelations Could Sink Obama

Benghazi-Gate: Connection between CIA and al-Qaeda in Libya and Syria, with Turkey’s Help

Benghazi-Gate: Connection between CIA and al-Qaeda in Libya and Syria, with Turkey’s Help

Syrian Rebel Group Joins Branch Of Al Qaeda

West Intervenes to Stop Islamist Rebels in Mali but Supports Them to Destroy Syria

Presidential Finding

A presidential finding is an executive directive issued by the head of the executive branch of a government, similar to the more well-known executive order. The term is mostly used by the United States Government, and in other countries may be identified by different terms. Such findings and other executive decrees are usually protocols which have evolved through the course of government and not typically established by law.

Use and history in the United States

“US President Barack Obama has signed a secret order allowing the CIA and other American agencies to support rebels seeking to overthrow the Assad regime, a US government source told Reuters. Obama reportedly gave the order, known as an intelligence “finding”, earlier this year. The presidential finding also provides for US collaboration with a secret command center operated by Turkey and its allies. The full extent of the assistance the “finding” allows the CIA to give the Syrian rebels is unclear. It is also unknown precisely when Obama signed the order.” The report of Obama’s authorization for covert rebel support comes amidst continued fighting between Syrian government troops and rebels over control of Aleppo, the country’s economic capital. Thousands of people have fled the city, while the government and rebels continue to release conflicting reports on the extent of their control over the city. Asia Times Online correspondent Pepe Escobar told RT that the leak’s timing was intended to distort the true nature of Washington’s covert operations on the ground in Syria.

“This intelligence finding signed by Obama – that’s the code for a secret order – this was signed six months ago. So the fact that Reuters has only been allowed now to report about it proves that there have been high deliberations in Washington: ‘should we let people know about what they already know?’”

“In fact, the Washington Post two weeks ago had already reported about it, and when the CIA wants to leak something in the US, they usually go to the Washington Post. The CIA and Mossad, on the ground [in Syria], side by side working with the Qataris, the Turks, the Saudis and a swarm of jihadis coming from everywhere, but especially from across the border in Iraq,” he argues.

Escobar says the leak was intended to make it look as though Washington was leading the Syrian campaign from behind the scenes, when in fact the US is “leading from the front lines alongside al-Qaeda-style Jihadists, Qatari intelligence, and Turkish logistics.” [1]

The first specific use of presidential findings was precipitated by the Agricultural Trade Development and Assistance Act of 1954, in which the findings indicated that certain conditions of that act had be satisfied and, therefore, sales of agricultural commodities could proceed. In their use under this act, such findings were published in the Federal Register and the CFR Title 3 compilations. In contrast, presidential findings in their modern use are not published in these or other governmental publications.

Current use of the presidential finding stems from the so-called Hughes-Ryan amendment to the Foreign Assistance Act of 1974, which prohibited the expenditure of appropriated funds by or on behalf of the Central Intelligence Agency for intelligence activities “unless and until the President finds that each such operation is important to the national security of the United States and reports, in a timely fashion, a description and scope of such operation to the appropriate committees of Congress” (section 662). This was intended to ensure that clear responsibility for such action was attributable to the President and that Congress was always made aware of such activities. Due to the sensitivity of their content, presidential findings are almost always classified.

The most recent change to exercise of findings occurred in the Intelligence Authorization Act of 1991, which introduced increased flexibility in the reporting requirement: findings are to be “reported to the intelligence committees as soon as possible” after being approved “and before the initiation of the covert action authorized by the finding.” As such, presidential findings are one of the primary means through which the intelligence committees exercise their oversight of the government’s intelligence operations.

http://en.wikipedia.org/wiki/Presidential_finding

Covert Action: Title 10, Title 50, and the Chain of Command

By Joseph B. Berger III

Abstract

America champions the rule of law and must maintain that moral stance in its international dealings and retain the clarity of an unambiguous chain of command. The Abbottabad raid on Osama bin Laden’s compound highlighted the dangers and vagaries of departing from the traditional military chain of command. The Secretary of Defense was taken out of the chain and the CID Director was inserted. In contrast, the rescue of a U.S. citizen in Somalia was carried out secretively but not covertly by joint forces under military command, maintaining individual Servicemember protections that may be forfeit in the gray zone of questionable legality. National authorities should reconsider the rejection of the 9/11 Commission’s recommendation that DOD be responsible for paramilitary covert actions, and when DOD acts in that capacity, the operation should be carried out as a traditional military operation with a military chain of command.

Recent media reports have Pentagon officials considering “putting elite special operations troops under CIA [Central Intelligence Agency] control in Afghanistan after 2014, just as they were during last year’s raid on [Osama bin Laden’s] compound.”1 This shell game would allow Afghan and U.S. officials to deny the presence of American troops in Afghanistan because once “assigned to CIA control, even temporarily, they become spies.”2 Nearly simultaneously, Department of Defense (DOD) leaders were warned to “be vigilant in ensuring military personnel are not inappropriately utilized” in performing “new, expanding, or existing missions,” ensuring the force is aligned against strategic choices “supported by rigorous analysis.”3 Placing Servicemembers—uniformed members of the Army, Navy, Marine Corps, and Air Force—under CIA control demands such rigorous analysis. The raid on bin Laden’s compound provides a framework.

n his May 1, 2011, televised address, President Barack Obama reported “to the American people and to the world that the United States ha[d] conducted an operation that killed Osama bin Laden.”4 President Obama initially detailed little beyond noting that he had directed “the[n] Director of the CIA [Leon Panetta], to make the killing or capture of bin Laden the top priority of our war against al Qaeda” and that the operation, carried out by a “small team of Americans” was done “at [his] direction [as President].” In the following days, senior executive branch officials garrulously provided explicit details, from the now-iconic White House Situation Room photograph to intricate diagrams of the Abbottabad compound and the assault force’s composition. Most noteworthy was Panetta’s unequivocal assertion the raid was a covert action:

Since this was what’s called a “Title 50” operation, which is a covert operation, and it comes directly from the president of the United States who made the decision to conduct this operation in a covert way, that direction goes to me. And then, I am, you know, the person who then commands the mission. But having said that, I have to tell you that the real commander was Admiral [William] McRaven because he was on site, and he was actually in charge of the military operation that went in and got bin Laden.5

Despite his self-effacing trumpeting of Vice Admiral McRaven’s role, Panetta’s comment highlights that critical confusion exists among even the most senior U.S. leaders about the chain of command and the appropriate classification of such operations.

Openly describing the raid as both a “covert operation” and “military operation,” Panetta asserted he was the “commander,” describing a chain of “command” that went from the President to Panetta to McRaven. Panetta’s public comments are problematic, as is describing a chain of command that excludes the Secretary of Defense and purports to route command authority through the CIA director. Title 50 is clear:

The term “covert action” means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include . . . (2) traditional . . . military activities or routine support to such activities.6

The administration did the opposite, making patently clear the raid’s nature and, in exhaustive detail, the precise role of the United States. Instead of categorizing it as a covert action under the director’s “command,” the President could have conducted the raid as a covert action under the Secretary of Defense instead of the CIA director, or under his own constitutional authority as Commander in Chief and the Secretary’s statutory authorities, classifying it as a traditional military activity and excepting it from the statute’s coverage. As a traditional military activity, there would have been no legal limits on subsequent public discussion. Alternatively, conducting the raid as a covert action within a military chain of command removes the issues the director raised in asserting command authority over Servicemembers. The decisionmaking process remains shrouded, but conducting a raid into a sovereign country targeting a nonstate actor using military personnel and equipment under the “command” of the CIA director and classifying it as a covert action raises significant legal and policy questions. Such decisions threaten the legitimacy and moral authority of future U.S. actions and demand a rigorous examination of those associated risks.

The Abbottabad raid illustrates the post-9/11 security environment convergence of DOD military and CIA intelligence operations.7 While dead terrorists attest to this arrangement’s efficacy, many directly challenge the legal and policy framework behind current DOD-CIA cooperation. The discourse focuses largely on distinctions between Title 10 and Title 50 and the legal basis for conducting apparently overlapping military and intelligence operations beyond the battlefields of Iraq and Afghanistan. Notwithstanding the potentially misleadingly simple labels of Title 10 and Title 50, these complex issues lack clear answers. Many argue the legacy structure ill equips the President to effectively combat the threat. But tweaking that structure carries risk. Thus, correctly classifying and structuring our actions within that framework are critical. The law of war is designed to protect our nation’s military forces when they are engaged in traditional military activities under a military chain of command; spies conducting intelligence activities under executive authority have no such protections. This distinction rests on a constitutional, statutory, treaty, and doctrinal framework underpinning the military concept of command authority.

U.S. power relies on moral and legal legitimacy. Exclusive state control over the legitimate use of armed force remains viable domestically and internationally only where exercised within an accepted framework. Thus, employing DOD forces in a nontraditional manner entails significant risk. The policy implications of classification and structure are neither semantic nor inconsequential, and must be understood by senior decisionmakers; likewise, individual Servicemembers must understand the practical effects. A rigorous risk analysis should therefore inform any deviation, however permissible under domestic law.

This article focuses on the risks associated with both using military personnel to conduct kinetic covert action and using them without a military chain of command. Those risks inform the recommendation to change practice, but not the law. Specifically, the author rejects melding distinct operational military (Title 10) and intelligence (Title 50) authorities into the often mentioned Title 60. Properly classifying actions—either under the statute as a covert action or exempted from the statute as a traditional military activity—ensures the correct command structure is in place.8 Ultimately, the analysis argues for revisiting the previously rejected 9/11 Commission recommendation to place paramilitary covert action under DOD control.9

This article first outlines current and likely future threats and then explains the critical terms of art related to covert action and, against that lingua franca, examines why kinetic military operations should be either classified as traditional military activities or kept under a military chain of command. Analyzing the relevant constitutional, statutory, treaty, and doctrinal elements of command, this article illustrates that a raid conducted like the Abbottabad raid, while legally permissible, is best conducted as a traditional military activity.

Changed Character of the Battlefield and Enemy

In the decade since 9/11, DOD and CIA elements have become “operationally synthesi[zed].”10 A senior intelligence official recently noted that “the two proud groups of American secret warriors had been ‘deconflicted and basically integrated’—finally—10 years after 9/11.”11 The direct outgrowth is the increased reliance on special operations forces (SOF) to achieve national objectives against a “nimble and determined” enemy who “cannot be underestimated.”12 While the United States fought wars on geographically defined battlefields in Iraq and Afghanistan and beyond, the underlying legal structure remained constant. In the wars’ background, leaders, advisors, academics, and others argued about the structure of the appropriate legal and policy framework. Post-Iraq and post-Afghanistan, the United States must still address other threats, including those that al Qaeda and their associated forces present.

The threats have migrated beyond a battlefield defined by sovereign nations’ borders. When asked recently in “how many countries we are currently engaged in a shooting war,” Secretary of Defense Panetta laughed, responding, “That’s a good question. I have to stop and think about that . . . we’re going after al Qaeda wherever they’re at. . . clearly, we’re confronting al Qaeda in Pakistan, Yemen, Somalia, [and] North Africa.”13 The unresolved legal and policy challenges will likely increase in complexity on this geographically unconstrained battlefield. Remaining rooted in enduring principles is critical. DOD conduct of kinetic operations beyond traditionally recognized battlefields raises significant legal and policy concerns, especially where the U.S. Government conducts them without knowledge or consent of the host nation, as apparently happened with the Abbottabad operation.14 Properly categorizing and structuring these operations, while vexing for policymakers and their lawyers, carries much greater stakes for the Servicemembers executing them.

The Need for a Lingua Franca

Colloquial usage refers to DOD authorities as Title 10, and the CIA’s as Title 50. That is technically inaccurate and misleading since DOD routinely operates under both Titles 10 and 50.15 Instead of Title 10, this article uses the term military operations; instead of Title 50, it uses CIA operations or the more specific covert action. All three terms require clarification.

CIA operations are all CIA activities except covert action. Covert action is the narrow, statutory subset of Presidentially approved, CIA-led activities.16 Unfortunately, colloquially, covert action “is frequently used to describe any activity the government wants concealed from the public.”17 That common usage ignores the fact that a traditional military activity, notwithstanding how “secretly” it is executed, is by statute not a covert action. DOD defines a covert operation as one “planned and executed as to conceal the identity of or permit plausible denial by the sponsor,” where “emphasis is placed on concealment of the identity of the sponsor rather than on concealment of the operation.”18 While not in conflict with the statutory definition, the DOD definition is incomplete; it fails to recognize the President’s role and ignores the exception of traditional military activities.19 Practitioners should use the statutory definition.

The concept of clandestine operations further blurs colloquial and doctrinal imprecision.20 DOD activities “may be both covert and clandestine . . . focus[ing] equally on operational considerations and intelligencerelated activities.”21 Appropriately, DOD officials assert that, absent a Presidential covert action finding, they “conduct only ‘clandestine activities.’” 22 They characterize clandestine activities as those “conducted in secret but which constitute ‘passive’ intelligence information gathering.”23 Interchanging the terms and mixing them with intelligence functions is inaccurate and dangerous; practitioners must draw clear distinctions. The sponsorship of a covert action is hidden, not the act itself. The specific acts of the U.S. Government in influencing a foreign election (for example, posters, marches, election results, and so forth) would be visible, but not the covert sponsorship of those acts. For clandestine acts, the act itself (for example, intercepting a phone call) must remain hidden. The CIA and DOD can conduct clandestine operations without Presidential approval, whereas covert action triggers statutory requirements for a Presidential finding and congressional notification. Some have argued DOD’s “activities should be limited to clandestine” activities, as this would ensure military personnel are protected by the law of war,24 a critical point examined in detail later.

Military operations are DOD activities conducted under Title 10, including activities intended or likely to involve kinetic action. Pursuant to an order issued by the Secretary of Defense, they are conducted by military personnel under DOD command and in accordance with the law of war. They specifically exclude DOD’s intelligence activities (for example, the Joint Military Intelligence Program); like the CIA’s, those intelligence activities are conducted pursuant to Title 50.

Statutorily assigned responsibility helps distinguish between CIA operations and military operations. Although the President can designate which department, agency, or entity of the U.S. Government will participate in the covert action, the statute implicitly tasks the CIA as the default lead agency: “Any employee . . . of the [U.S.] Government other than the [CIA] directed to participate in any way in a covert action shall be subject either to the policies and regulations of the [CIA], or to written policies or regulations adopted . . . to govern such participation.25

Executive order 12333 (EO 12333) makes that default tasking explicit:

The Director of the [CIA] shall . . . conduct covert action activities approved by the President. No agency except the [CIA] (or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution. . . .) may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective.26

The statute, coupled with EO 12333, unequivocally places all covert action squarely under the CIA’s control; the narrow exception for DOD is currently inapplicable. While the Executive order expressly tasks
the director with conducting covert action, it does not task the Secretary of Defense.27
Default CIA primacy and the absence of statutory specificity in defining traditional military activities create risk when DOD conducts kinetic covert action.

The Unique Nature of Traditional Military Activities

One practitioner described traditional military activities’ exclusion from covert action’s definition as “the exception that swallows the rule.”28 But while DOD-CIA operational convergence blurs the issue, the exception need not swallow the rule. Functionally, anything done by a uniformed member of a nation’s armed forces is a “military” activity; the nuanced requirement is to understand which are traditional military activities. That definition can be consequential, functional, or historical—or a combination of some or all three approaches. The statute’s legislative history provides the best clarification, noting the conferees intended that:

“Traditional military activities” include activities by military personnel under the direction and control of a United States military commander (whether or not the U.S. sponsorship of such activities is apparent or later to be acknowledged) . . . where the fact of the U.S. role in the overall operation is apparent or to be acknowledged publicly.

In this regard, the conferees intend to draw a line between activities that are and are not under the direction and control of the military commander. Activities that are not under the direction and control of a military commander should not be considered as “traditional military activities.”29

That nonstatutory definition frames the follow-on analysis. That functional and historical definition turns on who is in charge.

Activities under the “direction and control of a military commander” meet the requirement to be excepted from the statute; those with a different command and control arrangement are not traditional military activities. “Command” is unique to the military and the definition appears to draw a bright line rule; but the CIA director blurred the line by asserting “command” over a DOD element.30 The confusion questions the necessary nature and scope of leadership by a “military commander.” What level or rank of command is required? Must the chain of command from that military commander run directly back to the Commander in Chief solely through military channels? Must it run through the Secretary of Defense? Can it run through the director if there is a military commander below him? Given Goldwater-Nichols,31 what about the geographic combatant commander? In short, what does the wiring diagram look like? These questions highlight three baseline possibilities as depicted in the figure below.

Chain of Command Possibilities

chani_of_command_possibilites

Part 1A of the figure reflects DOD’s Title 10 chain of command, illustrating the broadest historical, functional, and consequential definition of traditional military activity. The clear chain is rooted in the uniquely military concept of command and the President’s constitutionally defined role as Commander in Chief. It clarifies congressional oversight responsibility, results in unquestioned jurisdiction, and forms the basis of the strongest legal argument for combatant immunity. Part 1B represents the President as chief executive, exercising oversight and control of the CIA under Title 50. This hierarchy lacks the legal command authority exercised over military personnel in 1A. Finally, part 1C represents the paradox created by the covert action statute’s attempts to overlap the parallel structures of 1A and 1B; it is often described as Title 60.

The current Congressional Authorization for the Use of Military Force allows the President to “use all necessary and appropriate force” to prevent “future acts of international terrorism against the United States.”32 This statutory grant of power creates the paradox: here, where the Senate vote was 98 to 0 and the House vote was 420 to 1, the President’s executive authority (as Commander in Chief and chief executive) is greatest,33 the exercise of those powers blurs the clear lines of parts 1A and 1B of the illustration. Merging the two, although permissible under the covert action statute, creates risk.

Consequently, questions about the nature and structure of the chain of command demand rigorous scrutiny and cannot be left to ad hoc arrangements. Defining military command determines whether or not the activity is a traditional military activity and therefore not under the ambit of the statute. The criticality of this categorization is twofold: it is the core of the state’s monopoly on the legitimate use of force and cloaks Servicemembers in the legal armor of combatant immunity.

Chain of Command, or Control?

Since George Washington’s Presidency, the Secretary of War (later Defense) has served without interruption as a Cabinet member. The President’s role, enshrined in the Constitution, is clear: “The President shall be Commander-in-Chief of the Army and Navy of the United States.”34 With the Secretary of Defense, this embodies the Founders’ vision of civilian control of the military. The Secretary of Defense’s appointment requires the “Advice and Consent of the Senate.”35 While the President can relieve him and replace him with an inferior officer (that is, the Deputy Secretary of Defense), Senateconfirmed executive branch officials are not fungible. He cannot interchange officials individually confirmed to fulfill separate and unique duties—something James Madison warned about in Federalist 51.36

Longstanding U.S. practice is an unbroken chain of command from the President, through his Secretary of Defense, to a subordinate uniformed commander. Even GoldwaterNichols’s37 streamlining the military warfighting chain of command to run from the President through the Secretary and directly to the unified combatant commanders did not alter that fundamental practice.38 Combatant commanders simply replace Service chiefs. The civilian leader between the Commander in Chief and his senior uniformed commander remains unchanged—a specific individual confirmed by the Senate to execute statutory duties. The inviolate concept of civilian control of the military and the Senate’s Advice and Consent requirement make assertion of any executive authority to “trade out” duties between Cabinet officials implausible. The President can place military personnel under CIA control, but control is not command.

Command is the inherently military “privilege” that is “exercised by virtue of office and the special assignment of members of the US Armed Forces holding military grade.”39 In fact, under the Army regulation, “A civilian, other than the President as Commander-in-Chief . . . may not exercise command.”40 Goldwater-Nichols allows the President to exercise command through his Secretary of Defense. Command rests on constitutional and statutory authority (including the Uniform Code of Military Justice) and the customs and practices of the Service. Removing military personnel from that hierarchy— illustrated in part 1C of the figure—changes their fundamental nature. This is Panetta’s assertion: he was in “command” 41 of the raid on Osama bin Laden’s compound.

itles 10 and 50 define the specific duties of the Secretary of Defense42 and Title 50 the CIA director’s.43 The duties are neither identical nor interchangeable. In Title 50, Congress explicitly states that DOD shall function “under the direction, authority, and control of the Secretary of Defense” in order to “provide for their unified direction under civilian control.”44 Placing the Services under the Secretary of Defense is necessary to “provide for the establishment of [a] clear and direct line of command.”45 Congress is equally clear in Title 10, granting the Secretary complete authority over DOD: “there shall be a Secretary of Defense, who is the head of the [Department], appointed . . . by the President, by and with the advice and consent of the Senate.”46 The statute allows the Secretary to “perform any of his functions or duties, or [to] exercise any of his powers through” other persons, but only persons from within DOD.47

Two caveats exist to the Secretary of Defense’s “authority, direction, and control”: the Secretary’s authority is “subject to the direction of the President” and the 1947 National Security Act.48 The latter covers DOD personnel within the National Foreign Intelligence Program (NFIP). The former appears to be an exception that swallows the rule. But even in empowering the President to limit his Secretary’s authority, Congress did not specifically authorize any change to the fundamental command of military forces. Likewise, in defining the director’s limited authorities over military personnel, Congress maintained the military command structure over military operations.

Congress neither allows the director command nor control of DOD operational assets, nor did it grant the President a caveat like that with the Secretary of Defense’s authority.49 Although the director’s duties include the transfer of “personnel within the NFIP,” which includes DOD personnel, such transfers are limited to personnel within DOD’s Joint Military Intelligence Program (JMIP).50 SOF are not part of the JMIP. When DOD does transfer any JMIP personnel to the CIA, the director must “promptly” report that transfer to both the intelligence oversight and Armed Services Committees of both houses.51 Transfers between other executive branch elements trigger no such requirements. Congress only intended CIA control over DOD intelligence assets and was clearly concerned about even that. Goldwater-Nichols reinforces this analysis.

Goldwater-Nichols codifies geographic combatant commanders’ nearly inviolable command authority: “all forces operating within the geographic area assigned to a unified combatant command shall be assigned to, and under” his command.52 Two exceptions supplant that authority. Servicemembers assigned to U.S. Embassies (for example, the Defense Attaché) are under the Ambassador’s control and the Defense Intelligence Agency’s command. For those Servicemembers, diplomatic protections have replaced law of war protections, but the Secretary of Defense remains in the chain of command. The second exception, carved from GoldwaterNichols’s “unless otherwise directed by the President” language, covers DOD participation in covert action.53 Goldwater-Nichols’s silence on the Secretary of Defense remaining in the chain of command indicates Congress did not intend to change the default hierarchy. DOD recognized that point by defining combatant command as being “under a single commander” and running “through the Secretary of Defense.”54 All these say nothing about covert action.

The statute and EO 12333 put the director “in charge” of the conduct of covert actions.55 CIA “ownership” means any non-CIA employee supporting a covert action “belongs” to the CIA. However, the CIA lacks DOD’s legal command structure and no CIA official possesses the command authority inherent in an officer’s commission.56 The CIA can only be in charge, not in command. The director cannot give a lawful order that would be legally binding on Servicemembers. The Constitution unequivocally grants Congress the authority to “make Rules for the Government and Regulation of the land and naval Forces.”57 Those rules, the Uniform Code of Military Justice, never contemplated CIA personnel exercising command authority over Servicemembers. The CIA’s ownership of covert action is limited. Exclusive CIA control fails elsewhere; the statute authorizes the President to task “departments, agencies, or entities”58 to conduct covert action. The implication is that DOD can conduct a covert action exclusively. EO 12333 specifically envisions that.59 Placing DOD elements under CIA control to conduct a kinetic operation is arguably unnecessary.

This chain of command is constitutionally enshrined, codified, and ratified through longstanding practice; even if Congress had explicitly authorized the President to reroute it, doing so creates risk. First, it removes the law of war’s protections upon which Servicemembers conducting kinetic operations rely. In such an event, Servicemembers must be made aware they are no longer protected. Second, as a state practice, realigning military personnel under a nonmilitary framework to conduct kinetic activities creates precedential risk for U.S. allies. Such a decision must be fully informed at all levels.

Chain of Command: International Law Context

National armies engaged against each other have, throughout modern history, been cloaked in the law of war’s combatant
immunity. Absent that immunity, a captured individual is subject to criminal prosecution for his wartime conduct. His deliberately targeting and killing others become nonmilitary and therefore criminal. In World War II’s aftermath, widespread acceptance of what constituted an “army” rendered a definition unnecessary: “Individuals composing the national forces” automatically enjoyed combatant immunity.60 However, for those outside their nation’s military hierarchy, specificity was necessary. The Third Geneva Convention grants prisoner of war status—which confers combatant immunity—to those who are subordinate to a responsible commander, wear a fixed, distinctive insignia recognizable at a distance, carry their arms openly, and conduct their operations in accordance with the laws and customs of war.61

The command requirement stems from the “dual principle of responsible command and its corollary command responsibility.”62 The Hague Convention required that a commander be “responsible for his subordinates.”63 The Geneva Convention recognized “no part of [an] army . . . is not subordinated to a military commander,” applying this “from the Commander-in-Chief down to the common soldier.”64 The later protocols “could not conceive” of a hierarchy “without the persons who make up the command structure being familiar with the law applicable in armed conflict.”65 This is DOD’s unchallenged area of expertise.66 Like Congress’s definition of traditional military activity,67 the commentary’s definition, when coupled with the requirements for those not considered part of the Nation’s army, is the parallel to Servicemembers conducting kinetic covert action under CIA control. Combatant immunity necessitates prisoner of war status; for those not acting as part of the army, that status requires a military chain of command. Replacing the Secretary of Defense with the CIA director eviscerates this.

U.S. history records a fundamental belief in the rules for combatant immunity.68 First, to codify these requirements, the 1863 Lieber Code defined prisoner of war as including “all soldiers.”69 The code noted noncompliance with the rules meant no combatant immunity: spies were “punishable with death by hanging by the neck.”70 “Armed prowlers . . . who steal within the lines of the hostile army for the purpose of . . . killing . . . are not entitled to the privileges of the prisoner of war.”71 The code’s noteworthy purpose was not to regulate conduct between nations, but for application in a non-international armed conflict and maintaining the moral high ground necessary to facilitate reconciliation with and reintegration of the confederate states.

The law of war’s efficacy rests on the principle of reciprocity. One party provides the protections to its prisoners believing and hoping its enemies will respond in kind. Commendable German and U.S. treatment of each other’s prisoners during World War II exemplifies this principle; Japanese treatment of U.S prisoners at Bataan proves its imperfections. Regardless, maintaining the moral high ground is critical. Had Abbottabad gone poorly, the United States would have asserted that U.S. personnel in Pakistani custody were entitled to the high standards of prisoner of war treatment. That would have required those Soldiers and Sailors to be in compliance with the law of war. The nonmilitary chain of command may have been problematic in making that assertion.

Conclusion

“From its inception . . . America has venerated the rule of law.”72 Traditional military activities occur against a rich fabric of domestic and international law. Covert action, while uniquely codified, presents multiple dilemmas. Although permissible under U.S. domestic law, covert action is generally illegal in the target country.73 Again, maintaining the moral high ground is critical.

Although inimical to covert action’s fundamental premise, overt executive branch commentary following the Abbottabad raid highlighted the legal risk associated with policy decisions. Placing Servicemembers under CIA command threatens to undermine the protections they rely on when conducting kinetic military operations, especially where the activity is more accurately classified as a traditional military activity.

The risk can—and should—be mitigated by first properly classifying the activity. Classifying a traditional military activity as anything else undermines the very categorization and its inherent law of war protections. DOD can undoubtedly conduct secretive (that is, clandestine and/or unacknowledged) actions as traditional military activities and enjoy the full body of the law of war’s protections. The current framework neither envisions nor facilitates placing Servicemembers under CIA control and preserving the command relationships necessary to cloak them in combatant immunity. The Abbottabad raid utilized this risk-laden approach.

This is not to assert that conducting the raid as a covert action was illegal. There were three likely outcomes: success, failure,
or something in between (that is, aborting the mission). Neither success nor failure required covert action’s plausible deniability. The United States immediately publicly acknowledged killing of “public enemy number one”; regardless, the crashed helicopter disclosed the U.S. role. A noncatastrophic driven decision to abort (for example, Pakistani detection of violation of their sovereign airspace) provides the sole outcome where the United States would likely have hidden behind the statute’s shield, disavowing all. The covert action classification provided an insurance policy, yet the cost of allowing that policy to “lapse” through post-success disclosures undermines the plausibility of such “insurance” in the future.

Compare the Abbottabad covert action with the recent rescue of a U.S. citizen in Somalia, conducted secretively, but not covertly, by “a small number of joint combatequipped U.S. forces.”74 This comparison illustrates that such activities can be conducted as traditional military activities, maintaining secrecy and preserving individual Servicemember protections. The need for continued distinction between covert action and traditional military activities and, where covert, the need for DOD-conducted operations to maintain a military chain of command, drive these recommendations. The United States should revisit the rejection of the 9/11 Commission’s recommendation that DOD assume responsibility for paramilitary covert operations.75

Where DOD participation is necessary and primary, the operation should be conducted as an unacknowledged traditional military activity. If the risk analysis drives a decision to conduct the operation as a covert action, the President should maintain the military chain of command. This ensures Servicemembers going in harm’s way have every protection the Nation they serve can provide them—or a clearer understanding of the additional risks they are assuming on behalf
of their Nation. JFQ

http://www.ndu.edu/press/covert-action.html

The Largest Covert Operation in CIA History
By Chalmers Johnson
The History News Network

Monday 09 June 2003

The Central Intelligence Agency has an almost unblemished record of screwing up every “secret” armed intervention it ever undertook. From the overthrow of the Iranian government in 1953 through the Bay of Pigs, the failed attempts to assassinate Fidel Castro of Cuba and Patrice Lumumba of the Republic of Congo, the Phoenix Program in Vietnam, the “secret war” in Laos, aid to the Greek colonels who seized power in 1967, the 1973 killing of Salvador Allende in Chile and Ronald Reagan’s Iran-contra war against Nicaragua, there is not a single instance in which the agency’s activities did not prove acutely embarrassing to the United States. The CIA continues to get away with this primarily because its budget and operations have always been secret and Congress is normally too indifferent to its constitutional functions to rein in a rogue bureaucracy. Therefore the tale of a purported CIA success story should be of some interest.

According to the author of the newly released Charlie Wilson’s War, the exception to CIA incompetence was the arming between 1979 and 1988 of thousands of Afghan moujahedeen (“freedom fighters”). The agency flooded Afghanistan with an astonishing array of extremely dangerous weapons and “unapologetically mov[ed] to equip and train cadres of high tech holy warriors in the art of waging a war of urban terror against a modern superpower,” in this case, the USSR.

The author of this glowing account, George Crile, is a veteran producer for the CBS television news show “60 Minutes” and an exuberant Tom Clancy-type enthusiast for the Afghan caper. He argues that the U.S. clandestine involvement in Afghanistan was “the largest and most successful CIA operation in history” and “the one morally unambiguous crusade of our time.” He adds that “there was nothing so romantic and exciting as this war against the Evil Empire.” Crile’s sole measure of success is the number of Soviet soldiers killed (about 15,000), which undermined Soviet morale and contributed to the disintegration of the Soviet Union in the period from 1989 to 1991. That’s the successful part.

However, he never mentions that the “tens of thousands of fanatical Muslim fundamentalists” the CIA armed are some of the same people who in 1996 killed 19 American airmen at Dhahran, Saudi Arabia; bombed our embassies in Kenya and Tanzania in 1998; blew a hole in the side of the U.S. destroyer Cole in Aden harbor in 2000; and on Sept. 11, 2001, flew hijacked airliners into New York’s World Trade Center and the Pentagon. Today, the world awaits what is almost certain to happen soon at some airport — a terrorist firing a U.S. Stinger low-level surface-to-air missile (manufactured at one time by General Dynamics in Rancho Cucamonga) into an American jumbo jet. The CIA supplied thousands of them to the moujahedeen and trained them to be experts in their use. If the CIA’s activities in Afghanistan are a “success story,” then Enron should be considered a model of corporate behavior.

Nonetheless, Crile’s account is important, if appalling, precisely because it details how a ruthless ignoramus congressman and a high-ranking CIA thug managed to hijack American foreign policy. From 1973 to 1996, Charlie Wilson represented the 2nd District of Texas in the U.S. House of Representatives. His constituency was in the heart of the East Texas Bible Belt and was the long-held fiefdom of his fellow Democrat, Martin Dies, the first chairman of the House Un-American Affairs Committee. Wilson is 6 feet, 4 inches tall and “handsome, with one of those classic outdoor faces that tobacco companies bet millions on.” He graduated from the Naval Academy in 1956, eighth from the bottom of his class and with more demerits than any other cadet in Annapolis history.

After serving in the Texas Legislature, he arrived in Washington in 1973 and quickly became known as “Good Time Charlie,” “the biggest playboy in Congress.” He hired only good-looking women for his staff and escorted “a parade of beauty queens to White House parties.” Even Crile, who featured Wilson many times on “60 Minutes” and obviously admires him, describes him as “a seemingly corrupt, cocaine snorting, scandal prone womanizer who the CIA was convinced could only get the Agency into terrible trouble if it permitted him to become involved in any way in its operations.”

Wilson’s partner in getting the CIA to arm the moujahedeen was Gust Avrakotos, the son of working-class Greek immigrants from the steel workers’ town of Aliquippa, Pa. Only in 1960 did the CIA begin to recruit officers for the Directorate of Operations from among what it called “new Americans,” meaning such ethnic groups as Chinese, Japanese, Latinos and Greek Americans. Until then, it had followed its British model and taken only Ivy League sons of the Eastern Establishment. Avrakotos joined the CIA in 1961 and came to nurture a hatred of the bluebloods, or “cake eaters,” as he called them, who discriminated against him. After “spook school” at Camp Peary, next door to Jamestown, Va., he was posted to Athens, where, as a Greek speaker, he remained until 1978.

During Avrakotos’s time in Greece, the CIA was instrumental in destroying Greek freedom and helping to turn the country into probably the single most anti-American democracy on Earth today. Incredibly, Crile describes this as follows: “On April 21, 1967, he [Avrakotos] got one of those breaks that can make a career. A military junta seized power in Athens that day and suspended democratic and constitutional government.” Avrakotos became the CIA’s chief liaison with the Greek colonels. After the fall of the colonels’ brutally fascist regime, the 17 November terrorist organization assassinated the CIA’s Athens station chief, Richard Welch, on Dec. 23, 1975, and “Gust came to be vilified in the Greek radical press as the sinister force responsible for most of the country’s many ills.” He left the country in 1978 but could not get another decent assignment — he tried for Helsinki — because the head of the European Division regarded him as simply too uncouth to send to any of its capitals. He sat around Langley for several years without work until he was recruited by John McGaffin, head of the Afghan program. “If it’s really true that you have nothing to do,” McGaffin said, “why not come upstairs? We’re killing Russians.”

Wilson was the moneybags and sparkplug of this pair; Avrakotos was a street fighter who relished giving Kalashnikovs and Stingers to the tribesmen in Afghanistan. Wilson was the more complex of the two, and Crile argues that his “Good Time Charlie” image was actually a cover for a Barry Goldwater kind of hyper-patriotism. But Wilson was also a liberal on the proposed Equal Rights Amendment and a close friend of the late Congresswoman Barbara Jordan (D-Texas), and his sister Sharon became chairwoman of the board of Planned Parenthood.

As a boy, Wilson was fascinated by World War II and developed an almost childlike belief that he possessed a “special destiny” to “kill bad guys” and help underdogs prevail over their enemies. When he entered Congress, just at the time of the Yom Kippur War, he became a passionate supporter of Israel. After he traveled to Israel, the American Israel Public Affairs Committee began to steer large amounts of money from all over the country to him and to cultivate him as “one of Israel’s most important Congressional champions: a non-Jew with no Jewish constituents.” Jewish members of Congress also rallied to put Wilson on the all-powerful Appropriations Committee in order to guarantee Israel’s annual $3-billion subsidy. His own Texas delegation opposed his appointment.

Wilson was not discriminating in his largess. He also became a supporter of Anastasio “Tacho” Somoza, the West Point graduate and dictator of Nicaragua who in 1979 was swept away by popular fury. Before that happened, President Carter tried to cut the $3.1-million annual U.S. aid package to Nicaragua, but Wilson, declaring Somoza to be “America’s oldest anti-Communist ally in Central America,” opposed the president and prevailed.
During Wilson’s long tenure on the House Appropriations Committee, one of its subcommittee chairmen, Clarence D. “Doc” Long, used to have a sign mounted over his desk: “Them that has the gold makes the rules.” Wilson advanced rapidly on this most powerful of congressional committees. He was first appointed to the foreign operations subcommittee, which doles out foreign aid. He then did a big favor for then-Speaker Thomas P. “Tip” O’Neill Jr. (D-Mass.). The chairman of the Defense Appropriations subcommittee at the time, Rep. John Murtha (D-Pa.), had been caught in the FBI’s ABSCAM sting operation in which an agent disguised as a Saudi sheik offered members of Congress large cash bribes. O’Neill put Wilson on the Ethics Committee to save Murtha, which he did. In return, O’Neill assigned Wilson to the defense appropriations subcommittee and made him a life member of the governing board of the John F. Kennedy Performing Arts Center, where he delighted in taking his young dates. Wilson soon discovered that all of the CIA’s budget and 40 percent of the Pentagon’s budget is “black,” hidden from the public and even from Congress. As a member of the defense subcommittee, he could arrange to have virtually any amount of money added to whatever black project he supported. So long as Wilson did favors for other members on the subcommittee, such as supporting defense projects in their districts, they would never object to his private obsessions.

About this time, Wilson came under the influence of a remarkable, rabidly conservative Houston woman in her mid-40s, Joanne Herring. They later fell in love, although they never married. She had a reputation among the rich of the River Oaks section of Houston as a collector of powerful men, a social lioness and hostess to her fellow members of the John Birch Society. She counted among her friends Ferdinand and Imelda Marcos, dictator and first lady of the Philippines, and Yaqub Khan, Pakistan’s ambassador to Washington, D.C., who got Herring named as Pakistan’s honorary consul for Houston.

In July 1977, the head of Pakistan’s army, Mohammed Zia-ul-Haq, seized power and declared martial law, and in 1979, he hanged Zulfikar Ali Bhutto, the president who had promoted him. In retaliation, Carter cut off U.S. aid to Pakistan. In 1980, Herring went to Islamabad and was so entranced by Zia and his support for the Afghan freedom fighters that on her return to the United States, she encouraged Wilson to go to Pakistan. There he met Zia, learned about the Afghan moujahedeen and became a convert to the cause. Once Reagan replaced Carter, Wilson was able to restore Zia’s aid money and added several millions to the CIA’s funds for secretly arming the Afghan guerrillas, each dollar of which the Saudi government secretly matched.

Although Wilson romanticized the mountain warriors of Afghanistan, the struggle was never as uneven as it seemed. Pakistan provided the fighters with sanctuary, training and arms and even sent its own officers into Afghanistan as advisors on military operations. Saudi Arabia served as the fighters’ banker, providing hundred of millions with no strings attached. Several governments, including those of Egypt, China and Israel, secretly supplied arms. And the insurgency enjoyed the backing of the United States through the CIA.

Wilson’s and the CIA’s greatest preoccupation was supplying the Afghans with something effective against the Soviets’ most feared weapon, the Mi-24 Hind helicopter gunship. The Red Army used it to slaughter innumerable moujahedeen as well as to shoot up Afghan villages. Wilson favored the Oerlikon antiaircraft gun made in Switzerland (it was later charged that he was on the take from the Zurich-based arms manufacturer). Avrakotos opposed it because it was too heavy for guerrillas to move easily, but he could not openly stand in Wilson’s way. After months of controversy, the Joint Chiefs of Staff finally dropped their objections to supplying the American Stinger, President Reagan signed off on it, and the “silver bullet” was on its way. The Stinger had never before been used in combat. It proved to be murderous against the Hinds, and Soviet President Mikhail S. Gorbachev decided to cut his losses and get out altogether. In Wilson’s postwar tour of Afghanistan, moujahedeen fighters surrounded him and triumphantly fired their missiles for his benefit. They also gave him as a souvenir the stock from the first Stinger to shoot down a Hind gunship.

The CIA “bluebloods” fired Avrakotos in the summer of 1986, and he retired to Rome. Wilson became chairman of the Intelligence Oversight Committee, at which time he wrote to his CIA friends, “Well, gentlemen, the fox is in the hen house. Do whatever you like.” After retiring from Congress in 1996, he became a lobbyist for Pakistan under a contract that paid him $30,000 a month. Meanwhile, the United States lost interest in Afghanistan, which descended into a civil war that the Taliban ultimately won. In the autumn of 2001, the United States returned in force after Al Qaeda retaliated against its former weapon supplier by attacking New York and Washington. The president of the United States went around asking, “Why do they hate us?”

Crile knows a lot about these matters and presents them in a dramatic manner. There are, however, one or two items that he appears unaware of or is suppressing. For the CIA legally to carry out a covert action, the president must authorize a document called a finding. Crile repeatedly says that Carter signed such a finding ordering the CIA to provide covert backing to the moujahedeen after the Soviet Union invaded Afghanistan on Dec. 24, 1979. The truth of the matter is that Carter signed the finding on July 3, 1979, six months before the Soviet invasion, and he did so on the advice of his national security advisor, Zbigniew Brzezinski, in order to try to provoke a Russian incursion. Brzezinski has confirmed this sequence of events in an interview with a French newspaper, and former CIA Director Robert M. Gates says so explicitly in his 1996 memoirs. It may surprise Charlie Wilson to learn that his heroic moujahedeen were manipulated by Washington like so much cannon fodder in order to give the USSR its own Vietnam. The moujahedeen did the job, but as subsequent events have made clear, they may not be grateful to the United States.

Mr. Johnson is the author of Blowback: The Costs and Consequences of American Empire and The Sorrows of Empire: Militarism, Secrecy and the End of the Republic, to be published in January by Metropolitan Books.

http://archive.truthout.org/article/the-largest-covert-operation-cia-history

Background Articles and Videos

CIA Covert Action in the Cold War: Iran, Jamaica, Chile, Cuba, Afghanistan, Libya, Latin America

The CIA Controls Al Qaeda

Triple Cross Bin Laden’s Spy In America (Full Documentary)

 

Covert Action – Operation Field Goal

A CIA special operations officer pursues a tip from an intercepted al-Qaeda transmission and ventures alone into enemy territory – where he’ll need all his training to survive.

CIA Covert Operations and U.S. Interventions Since World War II Full documentary

Col. L Fletcher Prouty: Secret Team – The Formation & Purpose of The NSC – PT 1 of 4

Col. L Fletcher Prouty: The Secret Team – The CIA’s Origins Of Covert Operations – PT 2 of 4

Col. L Fletcher Prouty: The Secret Team – Covert Operations & Their Consequences – PT 3 of 4

Col. L Fletcher Prouty: Secret Team – Conclusion – PT 4 of 4

Muslim Brotherhood Subversion: 12 Key Players in Obama/Bush Administrations

C.I.A. Agents in Libya Aid Airstrikes and Meet Rebels

By MARK MAZZETTI and ERIC SCHMITT

WASHINGTON — The Central Intelligence Agency has inserted clandestine operatives into Libya to gather intelligence for military airstrikes and to contact and vet the beleaguered rebels battling Col. Muammar el-Qaddafi’s forces, according to American officials.

While President Obama has insisted that no American military ground troops participate in the Libyan campaign, small groups of C.I.A. operatives have been working in Libya for several weeks as part of a shadow force of Westerners that the Obama administration hopes can help bleed Colonel Qaddafi’s military, the officials said.

In addition to the C.I.A. presence, composed of an unknown number of Americans who had worked at the spy agency’s station in Tripoli and others who arrived more recently, current and former British officials said that dozens of British special forces and MI6 intelligence officers are working inside Libya. The British operatives have been directing airstrikes from British jets and gathering intelligence about the whereabouts of Libyan government tank columns, artillery pieces and missile installations, the officials said.

American officials hope that similar information gathered by American intelligence officers — including the location of Colonel Qaddafi’s munitions depots and the clusters of government troops inside towns — might help weaken Libya’s military enough to encourage defections within its ranks.

In addition, the American spies are meeting with rebels to try to fill in gaps in understanding who their leaders are and the allegiances of the groups opposed to Colonel Qaddafi, said United States government officials, speaking on the condition of anonymity because of the classified nature of the activities.  American officials cautioned, though, that the Western operatives were not directing the actions of rebel forces.

A C.I.A. spokesman declined to comment.

The United States and its allies have been scrambling to gather detailed information on the location and abilities of Libyan infantry and armored forces that normally takes months of painstaking analysis.

“We didn’t have great data,” Gen. Carter F. Ham, who handed over control of the Libya mission to NATO on Wednesday, said in an e-mail last week.   “Libya hasn’t been a country we focused on a lot over past few years.”

Several weeks ago, President Obama signed a secret finding authorizing the C.I.A. to provide arms and other support to Libyan rebels, American officials said Wednesday. But weapons have not yet been shipped into Libya, as Obama administration officials debate the effects of giving them to the rebel groups. The presidential finding was first reported by Reuters.

In a statement released Wednesday evening, Jay Carney, the White House press secretary, declined to comment “on intelligence matters,” but he said that no decision had yet been made to provide arms to the rebels.

Representative Mike Rogers, a Michigan Republican who leads the House Intelligence Committee, said Wednesday that he opposed arming the rebels. “We need to understand more about the opposition before I would support passing out guns and advanced weapons to them,” Mr. Rogers said in a statement.

Because the publicly stated goal of the Libyan campaign is not explicitly to overthrow Colonel Qaddafi’s government, the clandestine war now going on is significantly different from the Afghan campaign to drive the Taliban from power in 2001. Back then, American C.I.A. and Special Forces troops worked alongside Afghan militias, armed them and called in airstrikes that paved the rebel advances on strategically important cities like Kabul and Kandahar.

In recent weeks, the American military has been monitoring Libyan troops with U-2 spy planes and a high-altitude Global Hawk drone, as well as a special aircraft, JSTARS, that tracks the movements of large groups of troops.  Military officials said that the Air Force also has Predator drones, similar to those now operating in Afghanistan, in reserve.

Air Force RC-135 Rivet Joint eavesdropping planes intercept communications from Libyan commanders and troops and relay that information to the Global Hawk, which zooms in on the location of armored forces and determines rough coordinates. The Global Hawk sends the coordinates to analysts at a ground station, who pass the information to command centers for targeting. The command center beams the coordinates to an E-3 Sentry Awacs command-and-control plane, which in turn directs warplanes to their targets.

Lt. Gen. David A. Deptula, who recently retired as the Air Force’s top intelligence official, said that Libya’s flat desert terrain and clear weather have allowed warplanes with advanced sensors to hunt Libyan armored columns with relative ease, day or night, without the need for extensive direction from American troops on the ground.

But if government troops advance into or near cities in along the country’s eastern coast, which so far have been off-limits to coalition aircraft for fear of causing civilian casualties, General Deptula said that ground operatives would be particularly helpful in providing target coordinates or pointing them out to pilots with hand-held laser designators.

The C.I.A. and British intelligence services were intensely focused on Libya eight years ago, before and during the successful effort to get Colonel Qaddafi to give up his nuclear weapons program. He agreed to do so in the fall of 2003, and allowed C.I.A. and other American nuclear experts into the country to assess Libya’s equipment and bomb designs and to arrange for their transfer out of the country.

Once the weapons program was eliminated, a former American official said, intelligence agencies shifted their focus away from Libya. But as Colonel Qaddafi began his recent crackdown on the rebel groups, the American spy agencies have worked to rekindle ties to Libyan informants and to learn more about the country’s military leaders.

A former British government official who is briefed on current operations confirmed media reports that dozens of British Special Forces soldiers, from the elite Special Air Service and Special Boat Service units, are on the ground across Libya. The British soldiers have been particularly focused on finding the locations of Colonel Qaddafi’s Russian-made surface-to-air missiles.

A spokesman for Britain’s Ministry of Defense declined to comment, citing a policy not to discuss the operations of British Special Forces.

http://www.nytimes.com/2011/03/31/world/africa/31intel.html?_r=3&hp&

Military, CIA shun 9/11 panel on covert operations

Special-ops lead urged in report

By Bill Gertz The Washington Times

The U.S. military and the CIA failed to agree on implementing a key recommendation of the commission that investigated the 9/11 terrorist attacks: Give special-operations commandos the lead for all covert military action.

The 9/11 Commission ordered the shift in response to concerns that CIA covert action — a mainstay of the agency’s World War II predecessor, the Office of Strategic Services — had “atrophied.” The agency also had a “risk averse” approach to spying and semisecret military activities.

Former Navy Secretary John F. Lehman, a member of the panel, said a report card made public last week by the Bipartisan Policy Center didn’t address the failure to implement the covert action change because of the secrecy surrounding the issue.

“The situation has evolved far beyond where it was at the time of our report,” Mr. Lehman said, adding that the raid to kill Osama bin Laden “shows that they are now doing something right.”

Retired Army Lt. Gen. William “Gerry” Boykin, a former Delta Force commando and Pentagon intelligence policymaker during the George W. Bush administration, said that after the commission issued its recommendation in 2004, disagreements arose over bureaucratic turf, and the CIA and the U.S. Special Operations Command (SoCom) could not agree on how to implement it.

The military has expanded special operations forces in recent years. But critics complain that the Pentagon official in charge of the policies for their use is Michael G. Vickers, a former CIA official who comes from the agency’s risk-averse, anti-covert-action culture.

Military covert action involves training and equipping foreign military or paramilitary forces in semisecret activities where the U.S. role is hidden. Past programs included arming Cuban rebels for the ill-fated Bay of Pigs invasion, deploying direct-action hit teams in Vietnam, and the arming and training of anti-communist rebels in Latin America and anti-Soviet rebels in Afghanistan.

Since 2004, the CIA’s most successful covert military operation was the hunt for bin Laden and the raid to kill him in Pakistan on May 2 with Navy SEALs.

The CIA’s other successful covert military action is the war against al Qaeda and other terrorist groups using drone missile strikes in the Middle East and South Asia.

One setback was the suicide bombing by a double agent in December 2009 at a CIA covert base in Khost, Afghanistan, that killed seven agency officers.

The military’s most secret units and those involved in covert warfare are the Army’s Delta Force and the Naval Special Warfare Development Group, formerly SEAL Team 6.

CIA spokeswoman Marie Harf said the agency and the Pentagon have worked closely in the fight against al Qaeda, notably in the Abbottabad, Pakistan, operation against bin Laden.

“Our capabilities are complementary, not duplicative, and the success of those capabilities should speak for itself,” she said.

Gen. Boykin said a task force was set up to study the 9/11 recommendation, but it failed to define paramilitary covert action. “This was a fundamental question that no one could answer,” Gen. Boykin said.

If the commission meant training, SoCom already had the mission of working with surrogates. But “paramilitary” operations — activities that are militarylike but carried out by groups other than the military — automatically would become military if the function is passed to the Pentagon.

Gen. Boykin said that if the commission wanted to give responsibility for covert action to the Pentagon, the CIA was opposed, arguing that the change would hinder intelligence collection. The agency said its facilities and equipment were “dual-use” — for spying and paramilitary — and could not be transferred.

Gen. Boykin said the command was against duplicating the CIA’s training facilities, methods and equipment, because of high costs needed to “age” equipment and weapons for operations.

“Working from the assumption that the commission was not really sure what they were recommending, the study group determined that the capabilities already in SoCom were competent to train indigenous forces including using clandestine methodology,” he said.

“The agreement was that the CIA would support [special operations] as needed with facilities and other resources.”

Bureaucratic turf also played a role.

CIA did not want to lose anything since that would result in a reduction of resources as well as a loss of authority,” Gen. Boykin said.

However, special operations forces also “did not want the covert action mission because they saw it as something that would absorb huge amounts of time and resources and would be a distraction,” he said.

Former CIA officer Robert Baer, who was investigated by the Clinton administration during a covert action in northern Iraq, said he favors giving the mission to the military. “No matter what the bosses say, the CIA hates covert and paramilitary operations,” he said.

“The place is managed by liberal-arts majors who do a lot better operating on intuition and big-horizon stuff — like whether we’re winning or losing in Afghanistan,” Mr. Baer said. “But never ask it to run a bunch of Hmong tribesmen or disaffected Pashtuns and ever hope to win a war with them.”

Mr. Baer said the Pentagon is better tactically at making things work and has a larger pool of recruits with foreign-language skills.

“The problem is that presidents always reach for the CIA when they think they need a ‘silver bullet,’ like the Bay of Pigs,” he said. “The CIA inevitably fails, and then it gets blamed for the mess.”

Every covert action requires a presidential directive stating that the proposed action is in the country’s national interest. The procedure is often cumbersome and prone to public disclosure. Supporters of the change say military-led covert action would be more flexible and easier to approve.

Hiring former special operations forces at the CIA will not help the agency’s covert military capabilities, Mr. Baer said. “Outside military discipline, they just don’t perform up to their capabilities,” he said.

Mr. Baer said the covert program to supply Stinger anti-aircraft missiles to Afghan rebels in the 1980s was less a covert action success than a “logistics” plan to ship arms to the fighters in the field. “It was not a proper paramilitary campaign,” he said.

A Harvard University study several years ago quoted anti-covert-action officials at the CIA as opposing the Stinger operation because of fears it would trigger a war with the Soviet Union.

The 9/11 Commission report describes the CIA in 2001 as “institutionally averse to risk, with its capacity for covert action atrophied.”

It also says the CIA did not invest in developing “robust” paramilitary operations with U.S. personnel but instead relied on proxies trained and organized by CIA officers without military experience. “The results were unsatisfactory,” it says.

The 9/11 Commission said the CIA could continue clandestine and nonmilitary covert action, including propaganda and nonmilitary disruption.

“We believe, however, that one important area of responsibility should change,” the commission’s report says. “Lead responsibility for directing and executing paramilitary operations, whether clandestine or covert, should shift to the Defense Department.”

There, covert military action programs should be consolidated and placed under Special Operations Command, it says.

“Whether the price is measured in either money or people, the United States cannot afford to build two separate capabilities for carrying out secret military operations, secretly operating standoff missiles, and secretly training foreign military or paramilitary forces,” the report says.

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Pronk Pops Show 98, February 15, 2013: Segment 2: Obama’s Kill List–Drones–Remotely Piloted Aircraft–RPAs–Killing Machines–We Don’t Torture Terrorists–We Kill Targeted Americans, Civilians and Children in Undeclared Wars–Obama is Judge, Jury, and Executioner–Hope, Change, and Murder, Inc.–The Mass Murderer In The White House–DOJ White Paper on Drone Memo–Videos

Posted on February 15, 2013. Filed under: American History, Business, Communications, Consitutional Law, Federal Government, Foreign Policy, Government, Government Spending, History, Law, Philosophy, Politics, Polls, Videos, Violence, War, Wisdom | Tags: , , , , , , , , , , , , , , , , , , , , , , , , |

Pronk Pops Show 98: February 15, 2013

Pronk Pops Show 97: February 8, 2013

Pronk Pops Show 96: February 1, 2013

Pronk Pops Show 95: January 25, 2013

Pronk Pops Show 94: December 7, 2012

Pronk Pops Show 93: November 30, 2012

Pronk Pops Show 92: November 10, 2012

Pronk Pops Show 91: November 5, 2012

Listen To Pronk Pops Podcast or Download Shows 98

Listen To Pronk Pops Podcast or Download Shows 94-97

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Segment 2: Obama’s Kill List–Drones–Remotely Piloted Aircraft–RPAs–Killing Machines–We Don’t Torture Terrorists–We Kill Americans, Civilians and Children in Undeclared Wars–Obama is Judge, Jury, and Executioner–Hope, Change, and Murder, Inc.–The Mass Murderer In The White House–Videos

01302013-obama-drone-strikes

reaper_drone

Somalia-drones-Obama

obama-kill-list

domestic-drone-cartoon

obama_kill_list

Drone-Disapproval

why-do-they-hate-us

Spies in the sky

Rand Paul Says He’ll Block Nominations Until Answered If Drone Assassinations

Guidelines for killing US citizens stir outrage

Memo Leaked: Barrack Obama can Kill American Citizens without Evidence

Govt. Has The Right to Kill American Citizens?

[yuotube=http://www.youtube.com/watch?v=yjqZJveJb2Q]

McLaughlin Group Panel Investigates: Will Obama Face War Crimes Prosecution

Drone Spin: Killing machine PR swarms US mainstream

Obama’s Kill List Sanctioned by Dept. of Justice

No civilians killed by Obama’s drone attacks: so explain this 

Fox Liberal Contributor Kirsten Powers Rips Obama And Other Liberals For Supporting

Drone Strikes Kill 175 Kids in Pakistan Alone, Admits Obama.

Are Drone Strikes and Kill Lists The New Normal? Q&A w Newsweek’s Eli Lake

Obama is worse than George Bush and Tony Blair says Noam Chomsky 

Obama’s Kill List, Drones, & Assassinating U.S. Citizens

Deadly Drone Strikes – Obama is ‘Serious’

Obama Drone Strikes Are ‘Mass Murder’ – Jeremy Scahill

Drone Strikes Kill Numerous Civilians – Report

“Thousands Of Innocent People Have Been Killed Under These Drone Attacks!”

Obama’s secret drone war explained by Reuters’ David Rohde – Fast Forward

BREAKING! OBAMA DECLARES DRONE WAR ON ALL…

Judge Napolitano on Obama’s Drone Strike Policy: ‘This Is the Power Claimed

Maddow Examines AG Holder’s Response To Questions About Drone Memos

Gerald Celente on Farrakhan “Murderer in The White House” comment “Call These People What They Are”

Drone Spin: Killing machine PR swarms US mainstream

80% of drone strike victims innocent civilians

Obama Orders Children Murdered with Predator Drones. WARNING: Graphic video

US Predator Drone strikes kill 80 innocent civilians in Yemen

 

Judge Napolitano on Government Killing Americans

Who Said You Can Kill Americans Mister President?

Obama’s kill list revealed

Obama’s Secret Kill List

Is Obama a Mass Killer of Innocent Children?

Obama: Nobel Peace Prize winner with a kill list

DOJ Drone Memo: If Bush Attempted This Policy, Democrats Would’ve Called

DOJ White Paper on Drone Memo

http://msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf

John Brennan: The Nexus of Torture and Drone Assassinations

America’s War Drones Kill Over 800 Civilians – 200 Children – Casualties Of War

Obama Kill List Exposed: Leaked Drone Memo; Assassination of U.S. Citizens

Drone Strike Kills 4 In Pakistan

Attack of the Drones – USA

Rise of the Machines – USA

Pentagon drones flying domestic; declaring war on your privacy?

Congress launches ‘Attack of the drones’

By Michael Isikoff National Investigative Correspondent, NBC News

A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” — even if there is no intelligence indicating they are engaged in an active plot to attack the U.S.

The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically increased use of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens, such as the September 2011 strike in Yemen that killed alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Both were U.S. citizens who had never been indicted by the U.S. government nor charged with any crimes.

The secrecy surrounding such strikes is fast emerging as a central issue in this week’s hearing of White House counterterrorism adviser John Brennan, a key architect of the drone campaign, to be CIA director. Brennan was the first administration official to publicly acknowledge drone strikes in a speech last year, calling them “consistent with the inherent right of self-defense.” In a separate talk at the Northwestern University Law School in March, Attorney General Eric Holder specifically endorsed the constitutionality of targeted killings of Americans, saying they could be justified if government officials determine the target poses “an imminent threat of violent attack.”


But the confidential Justice Department “white paper” introduces a more expansive definition of self-defense or imminent attack than described by Brennan or Holder in their public speeches. It refers, for example, to what it calls a “broader concept of imminence” than actual intelligence about any ongoing plot against the U.S. homeland.

Michael Isikoff, national investigative correspondent for NBC News, talks with Rachel Maddow about a newly obtained, confidential Department of Justice white paper that hints at the details of a secret White House memo that explains the legal justifications for targeted drone strikes that kill Americans without trial in the name of national security.

“The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” the memo states.

Read the entire ‘white paper’ on drone strikes on Americans

Instead, it says, an “informed, high-level” official of the U.S. government may determine that the targeted American has been “recently” involved in “activities” posing a threat of a violent attack and “there is no evidence suggesting that he has renounced or abandoned such activities.” The memo does not define “recently” or “activities.”

As in Holder’s speech, the confidential memo lays out a three-part test that would make targeted killings of American lawful: In addition to the suspect being an imminent threat, capture of the target must be “infeasible, and the strike must be conducted according to “law of war principles.” But the memo elaborates on some of these factors in ways that go beyond what the attorney general said publicly. For example, it states that U.S. officials may consider whether an attempted capture of a suspect would pose an “undue risk” to U.S. personnel involved in such an operation. If so, U.S. officials could determine that the capture operation of the targeted American would not be feasible, making it lawful for the U.S. government to order a killing instead, the memo concludes.

The undated memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.” It was provided to members of the Senate Intelligence and Judiciary committees in June by administration officials on the condition that it be kept confidential and not discussed publicly.

Although not an official legal memo, the white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel, which provides authoritative legal advice to the president and all executive branch agencies. The administration has refused to turn over to Congress or release those memos publicly — or even publicly confirm their existence. A source with access to the white paper, which is not classified, provided a copy to NBC News.

“This is a chilling document,” said Jameel Jaffer, deputy legal director of the ACLU, which is suing to obtain administration memos about the targeted killing of Americans. “Basically, it argues that the government has the right to carry out the extrajudicial killing of an American citizen. … It recognizes some limits on the authority it sets out, but the limits are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”

In particular, Jaffer said, the memo “redefines the word imminence in a way that deprives the word of its ordinary meaning.”

A Justice Department spokeswoman declined to comment on the white paper. The spokeswoman, Tracy Schmaler, instead pointed to public speeches by what she called a “parade” of administration officials, including Brennan, Holder, former State Department Legal Adviser Harold Koh and former Defense Department General Counsel Jeh Johnson that she said outlined the “legal framework” for such operations.

Pressure for turning over the Justice Department memos on targeted killings of Americans appears to be building on Capitol Hill amid signs that Brennan will be grilled on the subject at his confirmation hearing before the Senate Intelligence Committee on Thursday.

On Monday, a bipartisan group of 11 senators — led by Democrat Ron Wyden of Oregon — wrote a letter to President Barack Obama asking him to release all Justice Department memos on the subject. While accepting that “there will clearly be circumstances in which the president has the authority to use lethal force” against Americans who take up arms against the country, it said, “It is vitally important … for Congress and the American public to have a full understanding of how the executive branch interprets the limits and boundaries of this authority.”

Anticipating domestic boom, colleges rev up drone piloting programs

The completeness of the administration’s public accounts of its legal arguments was also sharply criticized last month by U.S. Judge Colleen McMahon in response to a lawsuit brought by the New York Times and the ACLU seeking access to the Justice Department memos on drone strikes targeting Americans under the Freedom of Information Act. McMahon, describing herself as being caught in a “veritable Catch-22,” said she was unable to order the release of the documents given “the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for the conclusion a secret.”

In her ruling, McMahon noted that administration officials “had engaged in public discussion of the legality of targeted killing, even of citizens.” But, she wrote, they have done so “in cryptic and imprecise ways, generally without citing … any statute or court decision that justifies its conclusions.”

In one passage in Holder’s speech at Northwestern in March, he alluded – without spelling out—that there might be circumstances where the president might order attacks against American citizens without specific knowledge of when or where an attack against the U.S. might take place.

“The Constitution does not require the president to delay action until some theoretical end-stage of planning, when the precise time, place and manner of an attack become clear,” he said.

But his speech did not contain the additional language in the white paper suggesting that no active intelligence about a specific attack is needed to justify a targeted strike. Similarly, Holder said in his speech that targeted killings of Americans can be justified if “capture is not feasible.” But he did not include language in the white paper saying that an operation might not be feasible “if it could not be physically effectuated during the relevant window of opportunity or if the relevant country (where the target is located) were to decline to consent to a capture operation.” The speech also made no reference to the risk that might be posed to U.S. forces seeking to capture a target, as was mentioned in the white paper.

The white paper also includes a more extensive discussion of why targeted strikes against Americans does not violate constitutional protections afforded American citizens as well as a U.S. law that criminalizes the killing of U.S. nationals overseas.

It also discusses why such targeted killings would not be a war crime or violate a U.S. executive order banning assassinations.

“A lawful killing in self-defense is not an assassination,” the white paper reads. “In the Department’s view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly, the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.”

Ask the experts: Drones

By Sydney Sarachan
“…How precise are drone attacks?RC: Pretty precise is my understanding. If you think about it, a drone pilot first sits outside of a structure doing surveillance for a long time. Upon getting the order, he or she delivers the missile from relatively nearby. That is why some experts (for instance, American University’s Kenneth Anderson) argue that drones strikes may be more consistent with limits on collateral damage. It may also explain higher observed rates of PTSD (Post-Traumatic Stress Disorder) in drone pilots. Of course, even manned missile attacks are often preceded by on-the-ground reconnaissance that paints a specific target.CF: This depends upon the kind of drone attack. In Pakistan’s FATA (Federally Administered Tribal Areas) they are all intelligence-led (as opposed to “troops in contact”). On this, please see the other pieces I have written on this: Drone Wars and Drones Over Pakistan – Menace or Best Viable Option?JF: Drones are extremely precise. The debate over their use has been whether they are accurate: whether they target the right people. In terms of precision, they do hit the targets we give them very consistently, we just don’t always know who that target is.RN: Since the answer to this question depends on how many civilians are killed or injured for each targeted “militant” who has been killed, it can’t be answered without answering the question of how many civilian casualties there have been.NW: Although missiles launched from drones may be more precise than some other weapons systems, they are known to have caused the deaths of hundreds of civilian bystanders. The issue is less one of technical precision than it is the standards under which the U.S. government decides who may be targeted and how it protects civilian bystanders from death or injury, as it is required to do under international law. Outside the context of armed conflict, the use of lethal force is illegal unless it is a last resort to avert a concrete, specific, and imminent threat. Further, the government is obligated to take all feasible precautions to protect civilian bystanders from harm. But those aren’t the standards that the government is using. The New York Times has reported that the U.S. “counts all military-age males in a strike zone as combatants unless there is explicit intelligence posthumously proving them innocent.” Regardless of the theoretical precision of drone attacks, when the government uses such flawed reasoning it will inevitably cause civilian bystander deaths, in violation of international law. …”

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