US Media Yet Again Conceals Newsworthy Government Secrets February 7, 2013
Posted by rogerhollander in War on Terror.Tags: american press, counterterrorism, drone missiles, glenn greenwald, guardian, john brennan, journalism, Media, new york times, obama kill list, roger hollander, saudi arabia drones, state secrecy, washington post, whistleblower
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The collective self-censorship over a US drone base in Saudi Arabia is but the latest act of government-subservient ‘journalism’
The US media, over the last decade (at least), has repeatedly acted to conceal newsworthy information it obtains about the actions of the US government. In each instance, the self-proclaimed adversarial press corps conceals these facts at the behest of the US government, based on patently absurd claims that reporting them will harm US national security. In each instance, what this media concealment actually accomplishes is enabling the dissemination of significant government falsehoods without challenge, and permitting the continuation of government deceit and even illegality.
The Washington Post this week admitted it was part of an “informal arrangement” to conceal from its readers a US drone base in Saudi Arabia. Photograph: Alamy
One of the most notorious examples was in mid-2004 when the New York Times discovered – thanks to a courageous DOJ whistleblower – that the Bush administration was eavesdropping on the electronic communications of Americans without the warrants required by the criminal law. But after George Bush summoned to the Oval Office the paper’s publisher (Arthur Sulzberger) and executive editor (Bill Keller) and directed them to conceal what they had learned, the NYT complied by sitting on the story for a-year-and-a-half: until late December, 2005, long after Bush had been safely re-elected. The “national security” excuse for this concealment was patently ludicrous from the start: everyone knew the US government was trying to eavesdrop on al-Qaida communications and this story merely revealed that they were doing so illegally (without warrants) rather than legally (with warrants). By concealing the story for so long, the New York Times helped the Bush administration illegally spy on Americans.
The Washington Post’s Dana Priest, in a superb act of journalism, reported in 2005 that the CIA was maintaining a network of secret “black sites” where detainees were interrogated and abused beyond the monitoring scrutiny of human rights groups and even Congress. But the Post purposely concealed the identity of the countries serving as the locale of those secret prisons in order to enable the plainly illegal program to continue without bothersome disruptions: “the Washington Post is not publishing the names of the Eastern European countries involved in the covert program, at the request of senior US officials.”
In 2011, the New York Times along with numerous other US media outlets learned that the American arrested in Pakistan for having shot and killed two Pakistanis, Raymond Davis, was not – as President Obama falsely claimed – “our diplomat”, but was a CIA agent and former Blackwater contractor. Not only did the NYT conceal this fact, but it repeatedly and uncritically printed claims from Obama and other officials about Davis’ status which it knew to be false. It was only once the Guardian published the facts about Davis – that he was a CIA agent – did the Times tell the truth to its readers, admitting that the disclosure “pulled back the curtain on a web of covert American operations inside Pakistan, part of a secret war run by the CIA“.
The NYT, as usual, justified its concealment of this obviously newsworthy information as coming “at the request of the Obama administration, which argued that disclosure of his specific job would put his life at risk”. But as the Guardian’s Deputy Editor Ian Katz noted, “Davis [was] already widely assumed in Pakistan to have links to US intelligence” and “disclosing his CIA role would [therefore not] expose him to increased risk”.
And now, yet again, the US media has been caught working together to conceal obviously newsworthy government secrets. On Wednesday, the Washington Post reported that two years ago, the Obama administration established a base in Saudi Arabia from which it deploys drones to kill numerous people in Yemen. including US citizen Anwar Awlaki and, two weeks, later his 16-year-old American son Abdulrahman. The US base was built after the US launched a December, 2009 cruise missile/cluster-bomb attack that slaughtered dozens of Yemeni women and children.
But the Post admitted that it – along with multiple other US media outlets – had long known about the Saudi Arabia drone base but had acted in unison to conceal it from the US public:
“The Washington Post had refrained from disclosing the specific location at the request of the administration, which cited concern that exposing the facility would undermine operations against an al-Qaeda affiliate regarded as the network’s most potent threat to the United States, as well as potentially damage counterterrorism collaboration with Saudi Arabia.
“The Post learned Tuesday night that another news organization was planning to reveal the location of the base, effectively ending an informal arrangement among several news organizations that had been aware of the location for more than a year.”
The “other news organization” which the Post references is the New York Times. The NYT – in a very good article yesterday on the role played by CIA nominee John Brennan in US drones strikes in Yemen – reported that Brennan “work[ed] closely with neighboring Saudi Arabia to gain approval for a secret CIA drone base there that is used for American strikes”. As the paper’s Public Editor, Margaret Sullivan, explained, the NYT was one of the papers which “had withheld the location of that base at the request of the CIA”, but had decided now to report it. That was why the Post did so.
The existence of this drone base in Saudi Arabia is significantly newsworthy in multiple ways. The US drone program is drenched with extreme secrecy. The assassination of Awlaki is one of the most radical acts the US government has undertaken in the last decade at least. The intense cooperation between the US and the incomparably despotic Saudi regime is of vital significance. As Sullivan, the NYT’s Public Editor, put it in defending the NYT’s disclosure (and implicitly questioning the prior media conspiracy of silence):
“Given the government’s undue secrecy about the drone program, which it has never officially acknowledged the existence of, and that program’s great significance to America’s foreign policy, its national security, and its influence on the tumultuous Middle East, The Times ought to be reporting as much and as aggressively as possible on it.”
As usual, the excuses for concealing this information are frivolous. Indeed, as the Guardian’s Roy Greenslade noted, “the location of several drone bases was published as long ago as September last year on at least one news website, as this item on the North America Inter Press Service illustrates.” Gawker’s Adrian Chen documents numerous other instances where the base had been publicly disclosed and writes:
“In the case of the Saudi drone base, the Times and the Post weren’t protecting a state secret: They were helping the CIA bury an inconvenient story. . . . The fact that the drone base was already reported renders the rationale behind the months-long blackout a farce.”
In an article on the controversy over this self-censorship, the Guardian this morning quotes Dr Jack Lule, a professor of journalism and communication at Lehigh University:
“The decision not to publish is a shameful one. The national security standard has to be very high, perhaps imminent danger. The fact that we are even having a conversation about whether it was a national security issue should have sent alarm bells off to the editors. I think the real reason was that the administration did not want to embarrass the Saudis – and for the US news media to be complicit in that is craven.”
The same dynamic drives most of these acts of US media self-censorship. It has nothing to do with legitimate claims of national security. Indeed, none of these facts – once they were finally reported – ultimately resulted in any harm. Instead, it has everything to do with obeying government dictates; shielding high-level government officials from embarrassing revelations; protecting even the most extreme government deceit and illegality; and keeping the domestic population of the US (their readers) ignorant of the vital acts in which their own government is engaged.
There are, of course, instances where newspapers can validly opt to conceal facts that they learn. That’s when the harm that comes from disclosure plainly outweighs the public interest in learning of them (the classic case is when, in a war, a newspaper learns of imminent troop movements: there is no value in reporting that but ample harm from doing so). But none of these instances comes close to meeting that test. Instead, media outlets overwhelmingly abide by government dictates as to what they should conceal. As Greensdale wrote: “most often, they oblige governments by acceding to requests not to publish sensitive information that might jeopardise operations.”
As all of these examples demonstrate, extreme levels of subservience to US government authority is embedded in the ethos of the establishment American media. They see themselves not as watchdogs over the state but as loyal agents of it.
Recall the extraordinary 2009 BBC debate over WikiLeaks in which former NYT executive editor Bill Keller proudly praised himself for concealing information the Obama administration told him to conceal, prompting this incredulous reply from the BBC host: “Just to be clear, Bill Keller, are you saying that you sort of go to the government in advance and say: ‘What about this, that and the other, is it all right to do this and all right to do that,’ and you get clearance, then?” Keller’s admission also prompted this response from former British diplomat Carne Ross, who was also on the program: “It’s extraordinary that the New York Times is clearing what it says about this with the US Government.”
After the Guardian published the truth about Raymond Davis, former Bush DOJ laywer Jack Goldsmith, in 2011, defended the New York Times’ concealment of it by hailing what he called “the patriotism of the American press“. He quoted former Bush CIA and NSA chief Gen. Michael Hayden as saying that “American journalists display ‘a willingness to work with us’ . . . but with the foreign press ‘it’s very, very difficult’”. Goldsmith said that while foreign media outlets will more readily report on secret US government acts (he named The Guardian, Al Jazeera and WikiLeaks), US national security journalists with whom he spoke justified their eagerness to cooperate with the US government by “expressly ascrib[ing] this attitude to ‘patriotism’ or ‘jingoism’ or to being American citizens or working for American publications.”
That is the key truth. The entity that is designed to be, and endlessly praises itself for being, a check on US government power is, in fact, its most loyal servant. There are significant exceptions: Dana Priest did disclose the CIA black sites network over the agency’s vehement objections, while the NYT is now suing the government to compel the release of classified documents relating to Obama’s assassination program. But time and again, one finds the US media acting to help suppress the newsworthy secrets of the US government rather than report on them. Its collaborative “informal” agreement to hide the US drone base in Saudi Arabia is just the latest in a long line of such behavior.
Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon. His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican Politics, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.
Chilling legal memo from Obama DOJ justifies assassination of US citizens February 5, 2013
Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, War on Terror.Tags: Abdulrahman, aclu, anwar awlaki, assassination, constituion, Criminal Justice, democracy, doj, drone missiles, due process, eric holder, extrajudicial killings, glenn greenwald, global battlefield, john brennan, obama hit list, presidential assassination, roger hollander, samir khan, terrorism, war on terror
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The president’s partisan lawyers purport to vest him with the most extreme power a political leader can seize
The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield. The Obama administration has not only asserted exactly that power in theory, but has exercised it in practice. In September 2011, it killed US citizen Anwar Awlaki in a drone strike in Yemen, along with US citizen Samir Khan, and then, in circumstances that are still unexplained, two weeks later killed Awlaki’s 16-year-old American son Abdulrahman with a separate drone strike in Yemen.
Since then, senior Obama officials including Attorney General Eric Holder and John Brennan, Obama’s top terrorism adviser and his current nominee to lead the CIA, have explicitly argued that the president is and should be vested with this power. Meanwhile, a Washington Post article from October reported that the administration is formally institutionalizing this president’s power to decide who dies under the Orwellian title “disposition matrix”.
When the New York Times back in April, 2010 first confirmed the existence of Obama’s hit list, it made clear just what an extremist power this is, noting: “It is extremely rare, if not unprecedented, for an American to be approved for targeted killing.” The NYT quoted a Bush intelligence official as saying “he did not know of any American who was approved for targeted killing under the former president”. When the existence of Obama’s hit list was first reported several months earlier by the Washington Post’s Dana Priest, she wrote that the “list includes three Americans”.
What has made these actions all the more radical is the absolute secrecy with which Obama has draped all of this. Not only is the entire process carried out solely within the Executive branch – with no checks or oversight of any kind – but there is zero transparency and zero accountability. The president’s underlings compile their proposed lists of who should be executed, and the president – at a charming weekly event dubbed by White House aides as “Terror Tuesday” – then chooses from “baseball cards” and decrees in total secrecy who should die. The power of accuser, prosecutor, judge, jury, and executioner are all consolidated in this one man, and those powers are exercised in the dark.
In fact, The Most Transparent Administration Ever™ has been so fixated on secrecy that they have refused even to disclose the legal memoranda prepared by Obama lawyers setting forth their legal rationale for why the president has this power. During the Bush years, when Bush refused to disclose the memoranda from his Office of Legal Counsel (OLC) that legally authorized torture, rendition, warrantless eavesdropping and the like, leading Democratic lawyers such as Dawn Johnsen (Obama’s first choice to lead the OLC) vehemently denounced this practice as a grave threat, warning that “the Bush Administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public of legal interpretations by the [OLC] upsets the system of checks and balances between the executive and legislative branches of government.”
But when it comes to Obama’s assassination power, this is exactly what his administration has done. It has repeatedly refused to disclose the principal legal memoranda prepared by Obama OLC lawyers that justified his kill list. It is, right now, vigorously resisting lawsuits from the New York Times and the ACLU to obtain that OLC memorandum. In sum, Obama not only claims he has the power to order US citizens killed with no transparency, but that even the documents explaining the legal rationale for this power are to be concealed. He’s maintaining secret law on the most extremist power he can assert.
Last night, NBC News’ Michael Isikoff released a 16-page “white paper” prepared by the Obama DOJ that purports to justify Obama’s power to target even Americans for assassination without due process (the memo is embedded in full below). This is not the primary OLC memo justifying Obama’s kill list – that is still concealed – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.
This new memo is entitled: “Lawfulness of a Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of Al-Qa’ida or An Associated Force”. It claims its conclusion is “reached with recognition of the extraordinary seriousness of a lethal operation by the United States against a US citizen”. Yet it is every bit as chilling as the Bush OLC torture memos in how its clinical, legalistic tone completely sanitizes the radical and dangerous power it purports to authorize.
I’ve written many times at length about why the Obama assassination program is such an extreme and radical threat – see here for one of the most comprehensive discussions, with documentation of how completely all of this violates Obama and Holder’s statements before obtaining power – and won’t repeat those arguments here. Instead, there are numerous points that should be emphasized about the fundamentally misleading nature of this new memo:
1. Equating government accusations with guilt
The core distortion of the War on Terror under both Bush and Obama is the Orwellian practice of equating government accusations of terrorism with proof of guilt. One constantly hears US government defenders referring to “terrorists” when what they actually mean is: those accused by the government of terrorism. This entire memo is grounded in this deceit.
Time and again, it emphasizes that the authorized assassinations are carried out “against a senior operational leader of al-Qaida or its associated forces who poses an imminent threat of violent attack against the United States.” Undoubtedly fearing that this document would one day be public, Obama lawyers made certain to incorporate this deceit into the title itself: “Lawfulness of a Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of al-Qaida or An Associated Force.”
This ensures that huge numbers of citizens – those who spend little time thinking about such things and/or authoritarians who assume all government claims are true – will instinctively justify what is being done here on the ground that we must kill the Terrorists or joining al-Qaida means you should be killed. That’s the “reasoning” process that has driven the War on Terror since it commenced: if the US government simply asserts without evidence or trial that someone is a terrorist, then they are assumed to be, and they can then be punished as such – with indefinite imprisonment or death.
But of course, when this memo refers to “a Senior Operational Leader of al-Qaida”, what it actually means is this: someone whom the President – in total secrecy and with no due process – has accused of being that. Indeed, the memo itself makes this clear, as it baldly states that presidential assassinations are justified when “an informed, high-level official of the US government has determined that the targeted individual poses an imminent threat of violent attack against the US”.
This is the crucial point: the memo isn’t justifying the due-process-free execution of senior al-Qaida leaders who pose an imminent threat to the US. It is justifying the due-process-free execution of people secretly accused by the president and his underlings, with no due process, of being that. The distinction between (a) government accusations and (b) proof of guilt is central to every free society, by definition, yet this memo – and those who defend Obama’s assassination power – willfully ignore it.
Those who justify all of this by arguing that Obama can and should kill al-Qaida leaders who are trying to kill Americans are engaged in supreme question-begging. Without any due process, transparency or oversight, there is no way to know who is a “senior al-Qaida leader” and who is posing an “imminent threat” to Americans. All that can be known is who Obama, in total secrecy, accuses of this.
(Indeed, membership in al-Qaida is not even required to be assassinated, as one can be a member of a group deemed to be an “associated force” of al-Qaida, whatever that might mean: a formulation so broad and ill-defined that, as Law Professor Kevin Jon Heller argues, it means the memo “authorizes the use of lethal force against individuals whose targeting is, without more, prohibited by international law”.)
The definition of an extreme authoritarian is one who is willing blindly to assume that government accusations are true without any evidence presented or opportunity to contest those accusations. This memo – and the entire theory justifying Obama’s kill list – centrally relies on this authoritarian conflation of government accusations and valid proof of guilt.
They are not the same and never have been. Political leaders who decree guilt in secret and with no oversight inevitably succumb to error and/or abuse of power. Such unchecked accusatory decrees are inherently untrustworthy (indeed, Yemen experts have vehemently contested the claim that Awlaki himself was a senior al-Qaida leader posing an imminent threat to the US). That’s why due process is guaranteed in the Constitution and why judicial review of government accusations has been a staple of western justice since the Magna Carta: because leaders can’t be trusted to decree guilt and punish citizens without evidence and an adversarial process. That is the age-old basic right on which this memo, and the Obama presidency, is waging war.
2. Creating a ceiling, not a floor
The most vital fact to note about this memorandum is that it is not purporting to impose requirements on the president’s power to assassinate US citizens. When it concludes that the president has the authority to assassinate “a Senior Operational Leader of al-Qaida” who “poses an imminent threat of violent attack against the US” where capture is “infeasible”, it is not concluding that assassinations are permissible only in those circumstances. To the contrary, the memo expressly makes clear that presidential assassinations may be permitted even when none of those circumstances prevail: “This paper does not attempt to determine the minimum requirements necessary to render such an operation lawful.” Instead, as the last line of the memo states: “it concludes only that the stated conditions would be sufficient to make lawful a lethal operation” – not that such conditions are necessary to find these assassinations legal. The memo explicitly leaves open the possibility that presidential assassinations of US citizens may be permissible even when the target is not a senior al-Qaida leader posing an imminent threat and/or when capture is feasible.
Critically, the rationale of the memo – that the US is engaged in a global war against al-Qaida and “associated forces” – can be easily used to justify presidential assassinations of US citizens in circumstances far beyond the ones described in this memo. If you believe the president has the power to execute US citizens based on the accusation that the citizen has joined al-Qaida, what possible limiting principle can you cite as to why that shouldn’t apply to a low-level al-Qaida member, including ones found in places where capture may be feasible (including US soil)? The purported limitations on this power set forth in this memo, aside from being incredibly vague, can be easily discarded once the central theory of presidential power is embraced.
3. Relies on the core Bush/Cheney theory of a global battlefield
The primary theory embraced by the Bush administration to justify its War on Terror policies was that the “battlefield” is no longer confined to identifiable geographical areas, but instead, the entire globe is now one big, unlimited “battlefield”. That theory is both radical and dangerous because a president’s powers are basically omnipotent on a “battlefield”. There, state power is shielded from law, from courts, from constitutional guarantees, from all forms of accountability: anyone on a battlefield can be killed or imprisoned without charges. Thus, to posit the world as a battlefield is, by definition, to create an imperial, omnipotent presidency. That is the radical theory that unleashed all the rest of the controversial and lawless Bush/Cheney policies.
This “world-is-a-battlefield” theory was once highly controversial among Democrats. John Kerry famously denounced it when running for president, arguing instead that the effort against terrorism is “primarily an intelligence and law enforcement operation that requires cooperation around the world”.
But this global-war theory is exactly what lies at heart of the Obama approach to Terrorism generally and this memo specifically. It is impossible to defend Obama’s assassination powers without embracing it (which is why key Obama officials have consistently done so). That’s because these assassinations are taking place in countries far from any war zone, such as Yemen and Somalia. You can’t defend the application of “war powers” in these countries without embracing the once-very-controversial Bush/Cheney view that the whole is now a “battlefield” and the president’s war powers thus exist without geographic limits.
This new memo makes clear that this Bush/Cheney worldview is at the heart of the Obama presidency. The president, it claims, “retains authority to use force against al-Qaida and associated forces outside the area of active hostilities“. In other words: there are, subject to the entirely optional “feasibility of capture” element, no geographic limits to the president’s authority to kill anyone he wants. This power applies not only to war zones, but everywhere in the world that he claims a member of al-Qaida is found. This memo embraces and institutionalizes the core Bush/Cheney theory that justified the entire panoply of policies Democrats back then pretended to find so objectionable.
4. Expanding the concept of “imminence” beyond recognition
The memo claims that the president’s assassination power applies to a senior al-Qaida member who “poses an imminent threat of violent attack against the United States”. That is designed to convince citizens to accept this power by leading them to believe it’s similar to common and familiar domestic uses of lethal force on US soil: if, for instance, an armed criminal is in the process of robbing a bank or is about to shoot hostages, then the “imminence” of the threat he poses justifies the use of lethal force against him by the police.
But this rhetorical tactic is totally misleading. The memo is authorizing assassinations against citizens in circumstances far beyond this understanding of “imminence”. Indeed, the memo expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack . . . will take place in the immediate future“. The US routinely assassinates its targets not when they are engaged in or plotting attacks but when they are at home, with family members, riding in a car, at work, at funerals, rescuing other drone victims, etc.
Many of the early objections to this new memo have focused on this warped and incredibly broad definition of “imminence”. The ACLU’s Jameel Jaffer told Isikoff that the memo “redefines the word imminence in a way that deprives the word of its ordinary meaning”. Law Professor Kevin Jon Heller called Jaffer’s objection “an understatement”, noting that the memo’s understanding of “imminence” is “wildly overbroad” under international law.
Crucially, Heller points out what I noted above: once you accept the memo’s reasoning – that the US is engaged in a global war, that the world is a battlefield, and the president has the power to assassinate any member of al-Qaida or associated forces – then there is no way coherent way to limit this power to places where capture is infeasible or to persons posing an “imminent” threat. The legal framework adopted by the memo means the president can kill anyone he claims is a member of al-Qaida regardless of where they are found or what they are doing.
The only reason to add these limitations of “imminence” and “feasibility of capture” is, as Heller said, purely political: to make the theories more politically palatable. But the definitions for these terms are so vague and broad that they provide no real limits on the president’s assassination power. As the ACLU’s Jaffer says: “This is a chilling document” because “it argues that the government has the right to carry out the extrajudicial killing of an American citizen” and the purported limits “are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
5. Converting Obama underlings into objective courts
This memo is not a judicial opinion. It was not written by anyone independent of the president. To the contrary, it was written by life-long partisan lackeys: lawyers whose careerist interests depend upon staying in the good graces of Obama and the Democrats, almost certainly Marty Lederman and David Barron. Treating this document as though it confers any authority on Obama is like treating the statements of one’s lawyer as a judicial finding or jury verdict.
Indeed, recall the primary excuse used to shield Bush officials from prosecution for their crimes of torture and illegal eavesdropping: namely, they got Bush-appointed lawyers in the DOJ to say that their conduct was legal, and therefore, it should be treated as such. This tactic – getting partisan lawyers and underlings of the president to say that the president’s conduct is legal – was appropriately treated with scorn when invoked by Bush officials to justify their radical programs. As Digby wrote about Bush officials who pointed to the OLC memos it got its lawyers to issue about torture and eavesdropping, such a practice amounts to:
“validating the idea that obscure Justice Department officials can be granted the authority to essentially immunize officials at all levels of the government, from the president down to the lowest field officer, by issuing a secret memo. This is a very important new development in western jurisprudence and one that surely requires more study and consideration. If Richard Nixon and Ronald Reagan had known about this, they could have saved themselves a lot of trouble.”
Life-long Democratic Party lawyers are not going to oppose the terrorism policies of the president who appointed them. A president can always find underlings and political appointees to endorse whatever he wants to do. That’s all this memo is: the by-product of obsequious lawyers telling their Party’s leader that he is (of course) free to do exactly that which he wants to do, in exactly the same way that Bush got John Yoo to tell him that torture was not torture, and that even it if were, it was legal.
That’s why courts, not the president’s partisan lawyers, should be making these determinations. But when the ACLU tried to obtain a judicial determination as to whether Obama is actually authorized to assassinate US citizens, the Obama DOJ went to extreme lengths to block the court from ruling on that question. They didn’t want independent judges to determine the law. They wanted their own lawyers to do so.
That’s all this memo is: Obama-loyal appointees telling their leader that he has the authority to do what he wants. But in the warped world of US politics, this – secret memos from partisan lackeys – has replaced judicial review as the means to determine the legality of the president’s conduct.
6. Making a mockery of “due process”
The core freedom most under attack by the War on Terror is the Fifth Amendment’s guarantee of due process. It provides that “no person shall be . . . deprived of life . . . without due process of law”. Like putting people in cages for life on island prisons with no trial, claiming that the president has the right to assassinate US citizens far from any battlefield without any charges or trial is the supreme evisceration of this right.
The memo pays lip service to the right it is destroying: “Under the traditional due process balancing analysis . . . . we recognize that there is no private interest more weighty than a person’s interest in his life.” But it nonetheless argues that a “balancing test” is necessary to determine the extent of the process that is due before the president can deprive someone of their life, and further argues that, as the New York Times put it when this theory was first unveiled: “while the Fifth Amendment’s guarantee of due process applied, it could be satisfied by internal deliberations in the executive branch.”
Stephen Colbert perfectly mocked this theory when Eric Holder first unveiled it to defend the president’s assassination program. At the time, Holder actually said: “due process and judicial process are not one and the same.” Colbert interpreted that claim as follows:
“Trial by jury, trial by fire, rock, paper scissors, who cares? Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”
It is fitting indeed that the memo expressly embraces two core Bush/Cheney theories to justify this view of what “due process” requires. First, it cites the Bush DOJ’s core view, as enunciated by John Yoo, that courts have no role to play in what the president does in the War on Terror because judicial review constitutes “judicial encroachment” on the “judgments by the President and his national security advisers as to when and how to use force”. And then it cites the Bush DOJ’s mostly successful arguments in the 2004 Hamdi case that the president has the authority even to imprison US citizens without trial provided that he accuses them of being a terrorist.
The reason this is so fitting is because, as I’ve detailed many times, it was these same early Bush/Cheney theories that made me want to begin writing about politics, all driven by my perception that the US government was becoming extremist and dangerous. During the early Bush years, the very idea that the US government asserted the power to imprison US citizens without charges and due process (or to eavesdrop on them) was so radical that, at the time, I could hardly believe they were being asserted out in the open.
Yet here we are almost a full decade later. And we have the current president asserting the power not merely to imprison or eavesdrop on US citizens without charges or trial, but to order them executed – and to do so in total secrecy, with no checks or oversight. If you believe the president has the power to order US citizens executed far from any battlefield with no charges or trial, then it’s truly hard to conceive of any asserted power you would find objectionable.
DOJ White Paper
Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon. His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican Politics, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.
John Brennan vs. a Sixteen-Year-Old Boy January 15, 2013
Posted by rogerhollander in Pakistan, War, War on Terror.Tags: cia director, collateral damage, drone casualties, drone missile, drone strikes, hellfire missile, International law, john brennan, kill list, medea benjamin, obama kill list, pakistan, roger hollander, rule of law, tariq aziz, yemen
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In October 2011, 16-year-old Tariq Aziz attended a gathering in Islamabad where he was taught how to use a video camera so he could document the drones that were constantly circling over his Pakistani village, terrorizing and killing his family and neighbors. Two days later, when Aziz was driving with his 12-year-old cousin to a village near his home in Waziristan to pick up his aunt, his car was struck by a Hellfire missile. With the push of a button by a pilot at a US base thousands of miles away, both boys were instantly vaporized—only a few chunks of flesh remained.
Tariq Aziz (circled) at the Grand Jirga in Islamabad just days before he was killed by a US drone hellfire missile.
Afterwards, the US government refused to acknowledge the boys’ deaths or explain why they were targeted. Why should they? This is a covert program where no one is held accountable for their actions.
The main architect of this drone policy that has killed hundreds, if not thousands, of innocents, including 176 children in Pakistan alone, is President Obama’s counterterrorism chief and his pick for the next director of the CIA: John Brennan.
On my recent trip to Pakistan, I met with people whose loved ones had been blown to bits by drone attacks, people who have been maimed for life, young victims with no hope for the future and aching for revenge. For all of them, there has been no apology, no compensation, not even an acknowledgement of their losses. Nothing.
That’s why when John Brennan spoke at the Woodrow Wilson International Center in Washington DC last April and described our policies as ethical, wise and in compliance with international law, I felt compelled to stand up and speak out on behalf of Tariq Aziz and so many others. As they dragged me out of the room, my parting words were: “I love the rule of law and I love my country. You are making us less safe by killing so many innocent people. Shame on you, John Brennan.”
Rather than expressing remorse for any civilian deaths, John Brennan made the extraordinary statement in 2011 that during the preceding year, there hadn’t been a single collateral death “because of the exceptional proficiency, precision of the capabilities we’ve been able to develop.” Brennan later adjusted his statement somewhat, saying, “Fortunately, for more than a year, due to our discretion and precision, the U.S. government has not found credible evidence of collateral deaths resulting from U.S. counterterrorism operations outside of Afghanistan or Iraq.” We later learned why Brennan’s count was so low: the administration had come up with a semantic solution of simply counting all military-age males in a strike zone as combatants.
The UK-based Bureau of Investigative Journalism has documented over 350 drones strikes in Pakistan that have killed 2,600-3,400 people since 2004. Drone strikes in Yemen have been on the rise, with at least 42 strikes carried out in 2012, including one just hours after President Obama’s reelection. The first strike in 2013 took place just four days into the new year.
A May 29, 2011 New York Times exposé showed John Brennan as President Obama’s top advisor in formulating a “kill list” for drone strikes. The people Brennan recommends for the hit list are given no chance to surrender, and certainly no chance to be tried in a court of law. The kind of intelligence Brennan uses to put people on drone hit lists is the same kind of intelligence that put people in Guantanamo. Remember how the American public was assured that the prisoners locked up in Guantanamo were the “worst of the worst,” only to find out that hundreds were innocent people who had been sold to the US military by bounty hunters?
In addition to kill lists, Brennan pushed for the CIA to have the authority to kill with even greater ease using “signature strikes,” also known as “crowd killing,” which are strikes based solely on suspicious behavior.
When President Obama announced his nomination of John Brennan, he talked about Brennan’s integrity and commitment to the values that define us as Americans. He said Brennan has worked to “embed our efforts in a strong legal framework” and that he “understands we are a nation of laws.”
A nation of laws? Really? Going around the world killing anyone we want, whenever we want, based on secret information? Just think of the precedent John Brennan is setting for a world of lawlessness and chaos, now that 76 countries have drones—mostly surveillance drones but many in the process of weaponizing them. Why shouldn’t China declare an ethnic Uighur activist living in New York City as an “enemy combatant” and send a missile into Manhattan, or Russia launch a drone attack against a Chechen living in London? Or why shouldn’t a relative of a drone victim retaliate against us here at home? It’s not so far-fetched. In 2011, 26-year-old Rezwan Ferdaus, a Massachusetts-based graduate with a degree in physics, was recently sentenced to 17 years in prison for plotting to attack the Pentagon and US Capitol with small drones filled with explosives.
In his search for a new CIA chief, Obama said he looked at who is going to do the best job in securing America. Yet the blowback from Brennan’s drone attacks is creating enemies far faster than we can kill them. Three out of four Pakistanis now see the US as their enemy—that’s about 133 million people, which certainly can’t be good for US security. When Pakistani Foreign Minister Hina Rabbani Khar was asked the source of US enmity, she had a one word answer: drones.
In Yemen, escalating U.S. drones strikes are radicalizing the local population and stirring increasing sympathy for al-Qaeda-linked militants. Since the January 4, 2013 attack in Yemen, militants in the tribal areas have gained more recruits and supporters in their war against the Yemeni government and its key backer, the United States. According to Abduh Rahman Berman, executive director of a Yemeni National Organization for Defending Rights and Freedoms, the drone war is failing. “If the Americans kill 10, al-Qaeda will recruit 100,” he said.
Around the world, the drone program constructed by John Brennan has become a provocative symbol of American hubris, showing contempt for national sovereignty and innocent lives.
If Obama thinks John Brennan is a good choice to head the CIA and secure America, he should contemplate the tragic deaths of victims like 16-year-old Tariq Aziz, and think again.
Medea Benjamin (medea@globalexchange.org), cofounder of Global Exchange and CODEPINK: Women for Peace, is the author of Drone Warfare: Killing by Remote Control. Her previous books include Don’t Be Afraid Gringo: A Honduran Woman Speaks from the Heart., and (with Jodie Evans) Stop the Next War Now (Inner Ocean Action Guide).
John Brennan’s new power May 22, 2012
Posted by rogerhollander in Barack Obama, Criminal Justice, Human Rights, War on Terror.Tags: civil liberties, counterterrorism, drone missile, due process, glenn greenwald, human rights, john brennan, kill list, presidential assassination, roger hollander, rule of law, war on terror
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Roger’s note: Picture Mr. Brennan enters the Oval Office and informs the President that it is time to sit down and decide who they are going to kill today. This is how a president spends his time? Surreal.
Tuesday, May 22, 2012 07:34 AM EST, www.salon.com
President Obama’s counter-terrorism chief has “seized the lead” in secretly determining who will die by US drone
In this Sept. 7, 2011 file photo, White House counterterrorism adviser John Brennan speaks in Washington. )Credit: AP Photo/Susan Walsh, File)
(updated below)
In November, 2008, media reports strongly suggested that President Obama intended to name John Brennan as CIA Director. But controversy over Brennan’s recent history — he was a Bush-era CIA official who expressly advocated “enhanced interrogation techniques” and rendition — forced him to “withdraw” from consideration, as he publicly issued a letter citing “strong criticism in some quarters” of his CIA advocacy.
Undeterred by any of that unpleasantness, President Obama instead named Brennan to be his chief counter-Terrorism adviser, a position with arguably more influence that he would have had as CIA chief. Since then, Brennan has been caught peddling serious falsehoods in highly consequential cases, including falsely telling the world that Osama bin Laden “engaged in a firefight” with U.S. forces entering his house and “used his wife as a human shield,” and then outright lying when he claimed about the prior year of drone attacks in Pakistan: “there hasn’t been a single collateral death.” Given his history, it is unsurprising that Brennan has been at the heart of many of the administration’s most radical acts, including claiming the power to target American citizens for assassination-by-CIA without due process and the more general policy of secretly targeting people for death by drone.
Now, Brennan’s power has increased even more: he’s on his way to becoming the sole arbiter of life and death, the unchecked judge, jury and executioner of whomever he wants dead (of course, when Associated Press in this report uses the words “Terrorist” or “al-Qaida operative,” what they actually mean is: a person accused by the U.S. Government, with no due process, of involvement in Terrorism):
White House counterterror chief John Brennan has seized the lead in choosing which terrorists will be targeted for drone attacks or raids, establishing a new procedure for both military and CIA targets.
The effort concentrates power over the use of lethal U.S. force outside war zones within one small team at the White House.
The process, which is about a month old, means Brennan’s staff consults with the State Department and other agencies as to who should go on the target list, making the Pentagon’s role less relevant, according to two current and three former U.S. officials aware of the evolution in how the government goes after terrorists. . . .
Brennan’s effort gives him greater input earlier in the process, before making final recommendation to President Barack Obama. Officials outside the White House expressed concern that drawing more of the decision-making process to Brennan’s office could turn it into a pseudo military headquarters, entrusting the fate of al-Qaida targets to a small number of senior officials. . . .
Some of the officials carrying out the policy are equally leery of “how easy it has become to kill someone,” one said. The U.S. is targeting al-Qaida operatives for reasons such as being heard in an intercepted conversation plotting to attack a U.S. ambassador overseas, the official said. . . .
Human rights and civil liberties groups have argued for the White House to make public the legal process by which names end up on the targeting lists.
“We continue to believe, based on the information available, that the (drone) program itself is not just unlawful but dangerous,” said Hina Shamsi, director of the ACLU National Security Project. “It is dangerous to characterize the entire planet as a battlefield.”
Shrinking the pool of people deciding who goes on the capture/kill list means fewer people to hold accountable, said Mieke Eoyang from Third Way, a centrist Democratic think tank.
“As a general principle, if people think someone is checking their work, they are more careful,” Eoyang said. “Small groups can fall victim to group-think.”
Needless to say, all of this takes place in total secrecy, with no legal framework and no oversight of any kind. Indeed, even after they had Brennan publicly defend the CIA drone program, the Obama administration continue to insist in federal court that the program is too secretive even to confirm its existence. It’s just a tiny cadre of National Security State officials who decide, in the dark, whom they want dead, and then — once the President signs off — it is done. This is the Change with which the 2009 Nobel Peace Prize laureate has gifted us: ”some of the officials carrying out the policy are equally leery of ‘how easy it has become to kill someone.’”
Reuters previously described the secret process used to determine which human beings, including American citizens, would be targeted for due-process-free death-by-CIA: they “are placed on a kill or capture list by a secretive panel of senior government officials” with “no public record” nor “any law establishing its existence or setting out the rules” — an actual death panel, though one invented by the White House rather than established by law. And now John Brennan has even more control over the process, and fewer checks, when issuing these death sentence decrees.
Remember in the Bush era when little things like the Patriot Act and warrantless eavesdropping and military commissions were the Radical and Lawless Assaults Trampling on Our Constitution and Our Values? Now, all those things are completely normalized — controversies over those policies are like quaint and obsolete relics of a more innocent era — and we now have things like unelected Death Sentence Czars instead.
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Charles Davis has two good posts — one here and one here — on the desperate mental gymnastics invoked by some Obama fanatics to justify (and, when that fails, ignore) all of this.
UPDATE: I was on Al Jazeera yesterday debating the potential de-listing of the MeK as a Terrorist group, and that can be seen here (because of technical issues, my participation began at 19:40). I was also interviewed yesterday by Anti War Radio about Obama’s detention policies and the recent court case invalidating the NDAA’s detention powers, and that can be heard here.
Honoring a ‘Terror War’ Architect May 13, 2012
Posted by rogerhollander in Criminal Justice, Education, Torture, War on Terror.Tags: boston university, Condoleezza Rice, dan berrigan, drone missiles, edollhus towns, fordham, inquisition, jesuits, john brennan, ray mcgovern, rendition, roger hollander, steve almond, timothy cardinal dolan, torture, War Crimes
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Since even readers of the New York Times are aware of deputy national security adviser John Brennan’s open identification with torture, secret prisons and other abuses of national and international law, Fordham University’s invitation to him to give the commencement address on May 19 brought, well, shock and awe to many Fordham students, faculty and alumni.
It now turns out we didn’t know the half of it. Piling outrage upon indignity, Fordham announced this week that Brennan will enjoy pride of place among the “eight notables” on whom it will confer honorary degrees at commencement. The others receiving a Doctorate in Humane Letters, honoris causa, include Timothy Cardinal Dolan (Archbishop of New York), and Brooklyn congressman Edolphus Towns.
White House counterterrorism adviser John Brennan Unlike his co-recipients, Brennan is widely known for his advocacy of kidnapping-for-torture (aka “extraordinary rendition”) and killing “militants” (including U.S. citizens) with “Hellfire” missiles fired by “Predator” and “Reaper” drone aircraft.
These practices and “Special Forces” operations guarantee an indefinite supply of anti-U.S. militants for what is now known as the “new normal” in the kind of wars that former Gen. and now CIA Director David Petraeus has said our grandchildren will still be fighting.
The endless supply of “insurgents” engendered by the violent tactics so beloved of Brennan makes Americans less secure. But there is no sign that Brennan recognizes that — or cares. Not that some of Brennan’s co-honorees are all that great, either.
Cardinal Dolan, president of the U.S. Conference of Catholic Bishops, is best known for his outspokenness on pelvic issues, his stalwart defense of the first nine months of life, and his deafening silence on the taking of life in war. Since by all evidence he is far more interested in birth control than death control, it is impossible to know where Dolan or his fellow bishops stand on the wars on Iraq and Afghanistan. He abjures any attempt to offer moral guidance on issues like war, preferring to defer — as the Fordham Jesuits do — to a good Jesuit-trained Catholic like Brennan to make decisions on such issues.
Edolphus Towns’s claim to distinction, in Fordham’s pre-commencement publicity, relates to his bringing “millions of dollars” to his district. Unmentioned is Towns’s membership in the Congressional Unmanned Systems (Drone) Caucus, which serves as a lobbying arm for drones — a new cash cow for the defense-industrial-congressional complex.
O Tempora, O Mores!
Since John Brennan has been accorded the dual honor of commencement speaker cum Doctorate of Humane Letters honoris causa, let’s try to piece together why Fordham’s Trustees decided to single him out for such glory. What, in other words, is the causa behind the honores? Why does George Orwell have a smirk on his face; and why are many past and present Jesuits holding their noses — Justice Jesuits like Rupert Mayer, Pedro Arupe, Dean Brackley and Dan Berrigan?
Could it be that Brennan is being honored for his role in serving up fraudulent intelligence to “justify” attacking Iraq in 2003? Or is it perhaps his open advocacy of kidnapping Muslim clerics off the streets of Milan (he calls it “extraordinary rendition”) and rendering them to “friendly” intelligence services more practiced at torture techniques than the CIA?
Is it the secret prisons he favored for “enhanced” interrogation techniques; or maybe his role in promoting illegal eavesdropping on Americans? Or could it be his stalwart defense of the intentional drone killing of American citizens without charge or judicial process? Or is it the aggregate set of abuses. And could intelligent Jesuits actually believe these approaches are okay because they are “keeping us safe?”
This would mean the teaching of moral theology at Fordham has changed markedly. Five decades ago, torture was very clearly put in the same category as slavery and rape — always “intrinsically evil” — no gray areas. I wonder where Fordham’s moral theologians now put remote-control drone killings of people on the hunch they are “militants.”
The causa of the honores could have a simpler explanation, one that risks damage to the mystique of Jesuit sophistication — no, not sophistry. Maybe the Fordham Jesuits and Trustees get their news from Fox. Perhaps their thought process was simply this: Brennan is a Fordham alumnus; he works in the White House; isn’t that enough?
Earlier Indignities
This is hardly the first time a Jesuit university has succumbed to the “prestige virus” and given a proven scoundrel high honors at a commencement. There are, sad to say, numerous examples, but one comes immediately to mind.
It is George W. Bush’s national security adviser, Condoleezza Rice, who, according to ABC News, chaired White House deliberations in 2002 and 2003 at which CIA torture techniques were “almost choreographed” by the most senior national security officials. The objective was to determine which particular technique, or combination, might be most effectively applied to which “high-value detainee.”
Rice gave the commencement address at Boston College on May 22, 2006, and was awarded the honorary degree of Doctor of Laws (yes, George Orwell, that is ironic.).
An onlooker would be permitted the reasonable inference that one causa of the honores must be the promoting of torture that Rice and Brennan held in common. Maybe an objective history of the Inquisition, and the Jesuit role in it, was not included in the books available at Jesuit seminaries.
Or, worse still, maybe it is the case that ingrained habits — like jesuitically justifying torture — can apply for renewal after several centuries. Habits die slowly. Has torture and killing of innocents now entered some sort of gray area in moral theology because a Jesuit-trained, White House functionary now says these things are necessary to “keep us safe?”
O Tempora, O Morons!
It remains to be seen whether what happened when the hapless Jesuits of Boston College invited Rice turns out to be a harbinger of what is in store at Fordham next Saturday. Ten days before the commencement at BC, Steve Almond, adjunct professor of English, resigned in protest. Here are excerpts from his letter to BC’s president, Rev. William P. Leahy, S.J.:
“I am writing to resign … as a direct result of your decision to invite Secretary of State Condoleezza Rice to be the commencement speaker at this year’s graduation.
“Many members of the faculty and student body already have voiced their objection to the invitation, arguing that Rice’s actions as secretary of state are inconsistent with the broader humanistic values of the university and the Catholic and Jesuit traditions from which those values derive.
“But I am not writing this letter simply because of an objection to the war against Iraq. My concern is more fundamental. Simply put, Rice is a liar. She has lied to the American people knowingly, repeatedly, often extravagantly over the past five years, in an effort to justify a pathologically misguided foreign policy. …
“This is the woman to whom you will be bestowing an honorary degree, along with the privilege of addressing the graduating class of 2006. … Honestly, Father Leahy, what lessons do you expect her to impart to impressionable seniors? … that it is acceptable to lie to the American people for political gain? …
“I cannot, in good conscience, exhort my students to pursue truth and knowledge, then collect a paycheck from an institution that displays such flagrant disregard for both. I would like to apologize to my students and prospective students. I would also urge them to investigate the words and actions of Rice, and to exercise their own First Amendment rights at her speech.”
Professor Almond was hardly alone. About a third of Boston College’s faculty members signed a letter objecting to Rice’s appearance. And here is how the New York Times reported the commencement event:
“Secretary of State Condoleezza Rice delivered the commencement address on Monday at Boston College to an audience that included dozens of students and professors who stood, turned their backs and held up signs to protest the war in Iraq.
“A small plane flew overhead twice, pulling a sign that said, in red letters, ‘Your War Brings Dishonor.’ Outside Alumni Stadium, where 3,234 students received diplomas, protesters marched up Beacon Street holding signs reading ‘No Blood For Oil’ and ‘We’re Patriotic Too.’”
“Inside, however, Ms. Rice received a standing ovation when she was introduced, and she drew applause throughout her address.”
Daniel Berrigan, S.J.’s Sad Prophecy
In his autobiography, To Dwell in Peace, Daniel Berrigan wrote of “the fall of a great enterprise” — the Jesuit university. He recorded his “hunch” that the university would end up “among those structures whose moral decline and political servitude signalize a larger falling away of the culture itself.”
Berrigan lamented “highly placed” churchmen and their approval of war, “uttered … with sublime confidence, from on high, from highly placed friendships, and White House connections.”
“Thus compromised,” warned Berrigan, “the Christian tradition of nonviolence, as well as the secular boast of disinterested pursuit of truth — these are reduced to bombast, hauled out for formal occasions, believed by no one, practiced by no one.”
The good news is that, despite an out-of-touch president, Rev. Joseph M. McShane, S.J., and his trustees, there remain people of strong conscience at Fordham — people immunized against the “prestige virus” infecting what some have come to call the Vichy Jesuits. There are students and alumni with a good sense of history; people aware not only of the Inquisition, but also of more recent history in Nazi Germany during the 1930s, when the Catholic and Lutheran churches could not find their voice.
Many Fordham people know they cannot in good conscience remain silent on such matters; they know that what is at stake is the very soul of our country. Justice-oriented students are now finalizing plans for specific actions at commencement. A new Facebook page briefly outlining the planning to date has already drawn intense interest — negative as well as positive. It appears that many students abhor the unpleasantness inevitably attached to witnessing to the abuses in which the main commencement speaker has had such a key role.
In addition, many of the faculty are signing on to a letter to President McShane requesting a sit-down with Brennan before commencement. They want to ask him how he justifies his support for the kind of cruel, inhuman and degrading interrogation techniques (aka, torture) that are banned by domestic and international law.
Meanwhile, many supporters of justice-oriented students are also planning appropriate protest actions. One activity is “Stop the Drone Week at Fordham.”
It may not be an exaggeration to suggest that, as Saturday goes, so goes Fordham.
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Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. During his career as a CIA analyst, he prepared and briefed the President’s Daily Brief and chaired National Intelligence Estimates. He is a member of the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).
Obama Confirms US Drone Program in Pakistan ‘US Drones Very Precise’ January 31, 2012
Posted by rogerhollander in Barack Obama, War.Tags: cia drones, civilian casualties, drone missiles, georbe monbiot, john brennan, Obama, pakistan, predator, roger hollander, tariz aziz, war
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In frank admission, Obama argues he has authority to bomb sovereign nations and that ‘drones have not caused a great number of civilian casualties’
On Monday, as President Obama was answering questions during an interview conducted by several Americans through a Google+’s “hangout” group video chat feature, he acknowledged publicly the use of US drones and airstrikes inside Pakistan.
In answering, Obama argued that “first of all, drones have not caused a great number of civilian casualties.” A claim that belies evidence. The question came from a young man named, Evan, from Brooklyn, New York, who said: “Mr. President, since you took office you’ve ordered more drone attacks in your first year than your predecessor did in his entire term. These drone attacks cause a lot of civilian casualties. I’m curious to know how you feel they help the nation and whether you think they’re worth it.”
In answering, Obama first argued that “first of all, drones have not caused a great number of civilian casualties. For the most part they have been very precise, precision strikes against Al Qaeda and their affiliates. We have been very careful in how it’s been applied.” He goes on to say that the drone program is “kept on a very tight leash” and that it’s not “just a bunch of folks in a room some where making decisions.”
In a follow up question regarding the degree to which US drone incursions might be “perceived” as interference in other countries, Obama responded that even in “sovereign nations” its better to have pinpoint capabalities, suggesting airstrike accuracy lessens the infringment of sovereignty in those nations, and, in fact, are helpful to those countries because they could not otherwise apprehend (or annihilate) these targets.
Subsequently, Obama confirmed that “a lot of these strikes have been in the FATA [Pakistan’s Federally Administered Tribal Areas].”
***
Pakistan Calls Drone Use, Missile Strikes ‘Unlawful’ and ‘Counterproductive’
Al-Jazeera reports:
The controversial drone programme run by the CIA has often been met with protests in Pakistan amid concerns of civilian casualties. The Pakistani government publicly protests the operations, but is believed to support them.
A spokesman for Pakistan’s foreign ministry reiterated the government’s public protest in response to Obama’s comments.
“Notwithstanding tactical advantages of drone strikes, we are of the firm view that these are unlawful, counterproductive and hence unacceptable,” Abdul Basit said.
The New America Foundation, a think tank in Washington, says drone strikes in Pakistan have killed between 1,715 and 2,680 people in the past eight years.
The New America Foundation report, Year of the Drone, which studied drone attacks and civilian casualties, strongly refutes Obama’s claim that drones “have not caused a great number of civilian casualties.” According to the report:
Our study shows that the 283 reported drone strikes in northwest Pakistan, including 70 in 2011, from 2004 to the present have killed approximately between 1,717 and 2,680 individuals, of whom around 1,424 to 2,209 were described as militants in reliable press accounts. Thus, the true non-militant fatality rate since 2004 according to our analysis is approximately 17 percent. In 2010, it was more like five percent.*
We have also constructed a map, based on the same reliable press accounts and publicly available maps, of the estimated location of each drone strike. Click each pin in the online version to see the details of a reported strike. And while we are not professional cartographers, and Google Maps is at times incomplete or imperfect, this map gives our best approximations of the locations and details of each reported drone strike since 2004.
Tuesday, January 31, 2012 by The Guardian/UK
With Its Deadly Drones, the US is Fighting a Coward’s War
As technology allows machines to make their own decisions, warfare will become bloodier – and less accountable
The ancient Greeks, unlike the Jews or the Christians, invested their gods with human failings. Divine judgment, they believed, was neither flawless nor dispassionate; it was warped by lust, vengeance and self-interest. In the hands of Zeus, the thunderbolt was both an instrument of justice and a weapon of jealousy and revenge.
(Illustration by Daniel Pudles)
Those now dispensing judgment from on high are not gods, though they must feel like it. The people striking mortals down with drones are doubtless as capable as anyone else of self-deception, denial and cognitive illusions. More so, perhaps, as the eminent fictions of the Bush years and the growing delusions of the current president suggest.
Barack Obama began last week’s state of the union address by claiming that the troops who had fought the Iraq war had “made the United States safer and more respected around the world”. Like Bush, like the gods, he has begun to create the world he wants to inhabit.
These power-damaged people have been granted the chance to fulfill one of humankind’s abiding fantasies: to vaporize their enemies, as if with a curse or a prayer, effortlessly and from a safe distance. That these powers are already being abused is suggested by the mendacity of those who are deploying them. The CIA, which is running the undeclared and unacknowledged drone war in Pakistan, insists that there have been no recent civilian casualties. So does Obama’s chief counter-terrorism adviser, John Brennan. It is a blatant whitewash.
As a report last year by the Bureau of Investigative Journalism showed, of some 2,300 people killed by US drone strikes in Pakistan from 2004 until August 2011, between 392 and 781 appear to have been civilians; 175 were children. In the period about which the CIA and Brennan made their claims, at least 45 civilians have been killed. As soon as an agency claims “we never make mistakes”, you know that it has lost its moorings, as Aleksandr Solzhenitsyn suggested in his story of that title. Feeling no obligation to apologize or explain, count bodies or answer for its crimes, it becomes a danger to humanity.
It may be true, as the US air force says, that because a drone can circle and study a target for hours before it strikes, its missiles are less likely to kill civilians than those launched from a piloted plane. (The air force has yet to explain how it reconciles this with its boast that drones “greatly shorten decision time”.) But it must also be true that the easier and less risky a deployment is, the more likely it is to happen.
This danger is acknowledged in a remarkably candid assessment published by the UK’s Ministry of Defense, which also deploys drones, and has also used them to kill civilians. It maintains that the undeclared air war in Pakistan and Yemen “is totally a function of the existence of an unmanned capability – it is unlikely a similar scale of force would be used if this capability were not available”. Citing the German military theorist Carl von Clausewitz, it warns that the brutality of war seldom escalates to its absolute form, partly because of the risk faced by one’s own forces. Without risk, there’s less restraint. With these unmanned craft, governments can fight a coward’s war, a god’s war, harming only the unnamed.
The danger is likely to escalate as drone warfare becomes more automated and the lines of accountability less clear. Last week the US navy unveiled a drone that can land on an aircraft carrier without even a remote pilot. The Los Angeles Times warned that “it could usher in an era when death and destruction can be dealt by machines operating semi-independently“. The British assessment suggests that within a few years drones assisted by artificial intelligence could make their own decisions about whom to kill and whom to spare. Sorry sir, computer says yes.
“Some would say one man’s freedom fighter is another man’s terrorist,” George HW Bush opined on when he was vice-president. “I reject this notion. The philosophical differences are stark and fundamental.” Perhaps they are, but no US administration has convincingly defined them or consistently recognized them. In Latin America, south-east Asia, Africa and the Middle East, successive presidents have thwarted freedom and assisted state terrorism. Drones grant governments new opportunities to snuff out opposition of any kind, terrorist or democrat. The US might already be making use of them.
In October last year, a 16-year-old called Tariq Aziz was traveling through North Waziristan in Pakistan with his 12-year-old cousin, Waheed Khan. Their car was hit by a missile from a US drone. As always, their deaths made them guilty: if we killed them, they must be terrorists. But they weren’t. Tariq was about to start work with the human rights group Reprieve, taking pictures of the aftermath of drone strikes. A mistake? Possibly. But it is also possible that he was murdered out of self-interest. If you have such powers, if you are not held to account by Congress, the media or the American people, why not use them?
The danger to democracy, and not just in Pakistan but one day perhaps everywhere, should be evident. Yet, as fatalistic as the ancient Greeks, we drift into this with scarcely a murmur of debate, leaving the gods to decide.
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George Monbiot is the author of the best selling books The Age of Consent: a manifesto for a new world order and Captive State: the corporate takeover of Britain. He writes a weekly column for the Guardian newspaper. Visit his website at www.monbiot.com
Who–and What–Are Behind the “Official History” of the Bin Laden Raid? August 17, 2011
Posted by rogerhollander in 9/11, Media, War on Terror.Tags: abbottabad, abbottabad raid, al-Qaeda, bin laden raid, cia, corporate media, counterterrorism, getting bin laden, investigative journalism, john brennan, journaism, jsoc, khalid bin laden, leon panetta, Lt. General Robert E. “Rooster” Schmidle Jr, Media, navy seals, nicholas schmidle, Osama bin laden, pakistan, roger hollander, russ baker, the new yorker, us navy seals
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Roger’s note: This is straight out of Alice in Wonderland. Given the total capitulation of the mainstream media to the corporate, partisan political and industrial-military intersts, the kind of journalism found in whowhatwhy,com and a handful of other Internet sites are the Zamizdat of today.
Published on Wednesday, August 17, 2011 by WhoWhatWhy.com
The establishment media just keep getting worse. They’re further and further from good, tough investigative journalism, and more prone to be pawns in complicated games that affect the public interest in untold ways. A significant recent example is The New Yorker’s vaunted August 8 exclusive on the vanquishing of Osama bin Laden.
The piece, trumpeted as the most detailed account to date of the May 1 raid in Abbottabad Pakistan, was an instant hit. “Got the chills half dozen times reading @NewYorker killing bin Laden tick tock…exquisite journalism,” tweeted the digital director of the PBS show Frontline. The author, freelancer Nicholas Schmidle, was quickly featured on the Charlie Rose show, an influential determiner of “chattering class” opinion. Other news outlets rushed to praise the story as “exhaustive,” “utterly compelling,” and on and on.
To be sure, it is the kind of granular, heroic story that the public loves, that generates follow-up bestsellers and movie options. The takedown even has a Hollywood-esque code name: “Operation Neptune’s Spear”
Here’s the introduction to the mission commander, full of minute details that help give it a ring of authenticity and the most intimate reportorial access:
James, a broad-chested man in his late thirties, does not have the lithe swimmer’s frame that one might expect of a SEAL—he is built more like a discus thrower. That night, he wore a shirt and trousers in Desert Digital Camouflage, and carried a silenced Sig Sauer P226 pistol, along with extra ammunition; a CamelBak, for hydration; and gel shots, for endurance. He held a short-barrel, silenced M4 rifle. (Others SEALs had chosen the Heckler & Koch MP7.) A “blowout kit,” for treating field trauma, was tucked into the small of James’s back. Stuffed into one of his pockets was a laminated gridded map of the compound. In another pocket was a booklet with photographs and physical descriptions of the people suspected of being inside. He wore a noise-cancelling headset, which blocked out nearly everything besides his heartbeat.
On and on went the “tick-tock.” Yet as Paul Farhi, a Washington Post reporter, noted, that narrative was misleading in the extreme, because the New Yorker reporter never actually spoke to James—nor to a single one of James’s fellow SEALs (who have never been identified or photographed–even from behind–to protect their identity.) Instead, every word of Schmidle’s narrative was provided to him by people who were not present at the raid. Complains Farhi:
…a casual reader of the article wouldn’t know that; neither the article nor an editor’s note describes the sourcing for parts of the story. Schmidle, in fact, piles up so many details about some of the men, such as their thoughts at various times, that the article leaves a strong impression that he spoke with them directly.
That didn’t trouble New Yorker editor David Remnick, according to Farhi:
Remnick says he’s satisfied with the accuracy of the account. “The sources spoke to our fact-checkers,” he said. “I know who they are.”
But we don’t.
On a story of this gravity, should we automatically join in with the huzzahs because it has the imprimatur of America’s most respected magazine? Or would we be wise to approach it with caution?
***
Most of us are not the trusting naïfs we once were. And with good reason.
The list of consequential events packaged for us by media and Hollywood in unsatisfactory ways continues to grow. It starts, certainly, with the official version of the JFK assassination, widely discredited yet still carried forward by most major media organizations. (For more on that, see this.) More and more people realize that the heroic Woodward & Bernstein story of Nixon’s demise is deeply problematical. (I’ve written extensively on both of these in my book Family of Secrets.)
And untold millions don’t think we’ve heard the real (or at least complete) story of the phenomenal, complex success of those 19 hijackers on Sept. 11, 2001. Skeptics now include former White House counterterrorism adviser Richard Clarke, who recently speculated that the hijackers may have been able to enter the US and move freely precisely because American intelligence hoped to recruit them as double agents—and that an ongoing cover-up is designed to 
hide this. And then, of course, there are the Pentagon’s account of the heroic rescue of Jessica Lynch in Iraq, which turned out to be a hoax, and the Pentagon’s fabricated account of the heroic battle death of former NFL player Pat Tillman in Afghanistan, who turned out to be a victim of friendly fire. These are just a few from scores of examples of deceit perpetrated upon the American people. Hardly the kind of track record to inspire confidence in official explanations with the imprimatur of the military and the CIA.
Whatever one thinks of these other matters, we’re certainly now at a point where we ought to be prudent in embracing authorized accounts of the latest seismic event: the dramatic end to one of America’s most reviled and storied nemeses.
The bin Laden raid presents us with every reason to be cautious. The government’s initial claims about what transpired at that house in Abbottabad have changed, then changed again, with no proper explanation of the discrepancies. Even making allowances for human error in such shifting accounts, almost every aspect of what we were told requires a willing suspension of disbelief—from the manner of Osama’s death and burial to the purported pornography found at the site. (For more on these issues, see previous articles we wrote on the subject, here, here and here.)
Clarke’s theory will seem less outrageous later, as we explore Saudi intelligence’s crucial, and bizarre, role at the end of bin Laden’s life—working directly with the man who now holds Clarke’s job.
Add to all of this the discovery that the reporter providing this newest account wasn’t even allowed to talk to any raid participants—and the magazine’s lack of candor on this point—and you’ve got an almost unassailable case for treating the New Yorker story with extreme caution.
***
We might begin by asking the question: Who provided The New Yorker with its exclusive, and what was their agenda in doing so? To try and sort out Schmidle’s sources, I read through the piece carefully several times.
One person who spoke to the reporter, and who is identified by name is John O. Brennan, Obama’s counterterrorism adviser. Brennan is quoted directly, briefly, near the top, describing to Schmidle pre-raid debate over whether such an operation would be a success or failure:
John Brennan, Obama’s counterterrorism adviser, told me that the President’s advisers began an “interrogation of the data, to see if, by that interrogation, you’re going to disprove the theory that bin Laden was there.”
The mere fact of Schmidle’s reliance on Brennan at all should send up a flare for the cautious reader. After all, that’s the very same Brennan who was the principal source of incorrect details in the hours and days after the raid. These included the claim that the SEALs encountered substantial armed resistance, not least from bin Laden himself; that it took them an astounding 40 minutes to get to bin Laden, and that the White House got to hear the soldiers’ conversations in real time.
Here’s a Washington Post account from Brennan published on May 3, less than 48 hours after the raid:
Half an hour had passed on the ground, but the American commandos raiding Osama bin Laden’s Pakistani hideaway had yet to find their long-sought target.
…The commandos swept methodically through the compound’s main building, clearing one room and then another as they made their way to the upper floors where they expected to find bin Laden. As they did so, Obama administration officials in the White House Situation Room listened to the SEAL team’s conversations over secure lines.
“The minutes passed like days,” said John O. Brennan, the administration’s chief counterterrorism adviser. “It was probably one of the most anxiety-filled periods of time, I think, in the lives of the people who were assembled.”
Finally, shortly before 2 a.m. in Pakistan, the commandos burst into an upstairs room.Inside, an armed bin Laden took cover behind a woman, Brennan said. With a burst of gunfire, one of the longest and costliest manhunts in modern history was over.
.. The commandos moved inside, and finally reached bin Laden’s upstairs living quarters after nearly 40 minutes on the ground.
Osama bin Ladens compound in Abbottabad Pakistan where he was killed in a raiding operation by US Navy-SEALS.Almost all that turns out to be hogwash—according to the new account produced by The New Yorker three months later. An account that, again, it seems, comes courtesy of Brennan. The minutes did not pass like days. Bin Laden was not armed, and did not take cover behind a woman. And the commandoes most certainly were not on the ground for 40 minutes. Some of them were up the stairs to the higher floors almost in a flash, and it didn’t take long for them to run into and kill bin Laden.
For another take, consider this account from NBC News’ Pentagon correspondent—also reported the week after the raid— two days after Brennan told the Washington Post a completely different story. This one appears to be based on a briefing from military officials who would have been likely to have good knowledge of the operational details:
According to the officials’ account, as the first SEAL team moved into the compound, they took small-arms fire from the guest house in the compound. The SEALs returned fire, killing bin Laden’s courier and the courier’s wife, who died in the crossfire. It was the only time the SEALs were shot at.
The second SEAL team entered the first floor of the main residence and could see a man standing in the dark with one hand behind his back. Fearing he was hiding a weapon, the SEALs shot and killed the lone man, who turned out to be unarmed.
As the U.S. commandos moved through the house, they found several stashes of weapons and barricades, as if the residents were prepared for a violent and lengthy standoff — which never materialized.
The SEALs then made their way up a staircase, where they ran into one of bin Laden’s sons. The Americans immediately shot and killed the 19-year-old son, who was also unarmed, according to the officials.
Hearing the shots, bin Laden peered over the railing from the floor above. The SEALs fired but missed bin Laden, who ducked back into his bedroom. As the SEALs stormed up the stairs, two young girls ran from the room.
One SEAL scooped them up and carried them out of harm’s way. The other two commandos stormed into bin Laden’s bedroom. One of bin Laden’s wives rushed toward the Navy SEAL, who shot her in the leg.
Then, without hesitation, the same commando turned his gun on bin Laden, standing in what appeared to be pajamas, and fired two quick shots, one to the chest and one to the head. Although there were weapons in that bedroom, bin Laden was also unarmed when he was shot.
Instead of a chaotic firefight, the U.S. officials said, the American commando assault was a precision operation, with SEALs moving carefully through the compound, room to room, floor to floor.
In fact, most of the operation was spent in what the military calls “exploiting the site,” gathering up the computers, hard drives, cellphones and files that could provide valuable intelligence on al-Qaida operatives and potential operations worldwide.
The U.S. officials describing the operation said the SEALs carefully gathered up 22 women and children to ensure they were not harmed. Some of the women were put in “flexi-cuffs” the plastic straps used to bind someone’s hands at the wrists, and left them for Pakistani security forces to discover.
***
Given that Brennan’s initial version of the raid was strikingly erroneous, his later account to The New Yorker is suspect as well. So who else besides Brennan might have been Schmidle’s sources? At one point in his piece, he cites an unnamed counterterrorism official:
A senior counterterrorism official who visited the JSOC redoubt described it as an enclave of unusual secrecy and discretion. “Everything they were working on was closely held,” the official said.
Later, that same unnamed counterterrorism official is again cited, this time seeming to continue Brennan’s narrative of the meeting before the raid, in which participants disagreed on the likely success of such a mission:
That day in Washington, Panetta convened more than a dozen senior C.I.A. officials and analysts for a final preparatory meeting. Panetta asked the participants, one by one, to declare how confident they were that bin Laden was inside the Abbottabad compound. The counterterrorism official told me that the percentages “ranged from forty per cent to ninety or ninety-five per cent,” and added, “This was a circumstantial case.”
From the story’s construction, one could reasonably conclude that the unnamed counterterrorism official is indeed still just Brennan. If not, who could it be? How many different white House counterterrorism officials would have debriefed the SEALs, if indeed that is even their role? How many would have been privy to that planning meeting? And how many different officials would have gotten authorization to sum up the events of that important day for this New Yorker writer? Also, it’s an old journalistic trick to quote the same source, on and off the record— thereby giving the source extra cover when discussing particularly delicate matters.
So, we don’t know whether the article was based on anything more than Brennan, under marching orders to clean up the conflicting accounts he originally put out.
UNEXPLAINED DISPUTES
It’s curious that the source chooses to emphasize the fundamental disagreement over whether the raid was a good idea. Presumably, there was a purpose in emphasizing this, but the New Yorker’s “tick-tock”, which is very light on analysis or context, doesn’t tell us what it was. It may have been intended to show Obama as brave, inclined toward big risks (thereby running counter to his reputation)—we can only guess.
This internal discord will get the attention of anyone who remembers all the assertions from intelligence officials over the years that bin Laden was almost certainly already dead—either of natural causes or killed at some previous time.
Here’s a bit more from The New Yorker on officials’ doubts going into the raid:
Several analysts from the National Counterterrorism Center were invited to critique the C.I.A.’s analysis; their confidence in the intelligence ranged between forty and sixty per cent. The center’s director, Michael Leiter, said that it would be preferable to wait for stronger confirmation of bin Laden’s presence in Abbottabad.
Those doubts are particularly interesting for several reasons: the CIA has had a long history of disputes between its covert action wing, which tends to advocate activity, and its analysis section, historically prone to caution. The action wing also has a history of publicizing its being right—when it could purport to be right—and covering up its failures. So when an insider chooses to make public these disagreements, we should be willing to consider motives.
This dispute can also be seen as an intriguing prologue to the rush to dump Bin Laden’s body and not provide proof to the public that it was indeed bin Laden. What if it wasn’t bin Laden that they killed? Would the government announce that after such a high-stakes operation? (“While we thought he’d be there, we accidentally killed someone else instead”? Seems unlikely.)
***
Now, let us go to the next antechamber of this warren of shadowy entities and unstated agendas.
Who exactly wanted bin Laden shot rather than taken alive and interrogated—and why? There’s been much discussion about the purported reasons for terminating him on sight, but the fact remains that he would have been a source of tremendous intelligence of real value to the safety of Americans and others.
Yet, early in the piece, Schmidle writes:
If all went according to plan, the SEALs would drop from the helicopters into the compound, overpower bin Laden’s guards, shoot and kill him at close range, and then take the corpse back to Afghanistan.
That was the plan? Whose plan? We’ve never been explicitly told by the White House that such a decision had been made. In fact, we’d previously been informed that the president was glad to have the master plotter taken alive if he was unarmed and did not resist. So, that’s a huge and problematical discrepancy that is only heightened by Schmidle’s misleadingly matter-of-fact treatment of the matter.
GET ME RIYADH
If the justification for killing Osama presented in The New Yorker warrants concern, the account of how—and why—they disposed of his body ought to send alarm bells clanging.
At the time of the raid, the decision to hastily dump Osama’s body in the ocean rather than make it available for authoritative forensic examination was a highly controversial one—that only led to more speculation that the White House was hiding something. The justifications, including not wanting to bury him on land for fear of creating a shrine, were almost laughable.
So what do we learn about this from The New Yorker? It’s truly bizarre: the SEALS themselves made the decision. That’s strange enough. But then we learn that Brennan took it upon himself to verify that was the right decision. How did he do this? Not by speaking with the president or top military, diplomatic or legal brass. No, he called some foreigners—get ready–the Saudis, who told him that dumping at sea sounded like a good plan.
Here’s Schmidle’s account:
All along, the SEALs had planned to dump bin Laden’s corpse into the sea—a blunt way of ending the bin Laden myth. They had successfully pulled off a similar scheme before. During a DEVGRU helicopter raid inside Somalia in September, 2009, SEALs had killed Saleh Ali Saleh Nabhan, one of East Africa’s top Al Qaeda leaders; Nabhan’s corpse was then flown to a ship in the Indian Ocean, given proper Muslim rites, and thrown overboard. Before taking that step for bin Laden, however, John Brennan made a call. Brennan, who had been a C.I.A. station chief in Riyadh, phoned a former counterpart in Saudi intelligence. Brennan told the man what had occurred in Abbottabad and informed him of the plan to deposit bin Laden’s remains at sea. As Brennan knew, bin Laden’s relatives were still a prominent family in the Kingdom, and Osama had once been a Saudi citizen. Did the Saudi government have any interest in taking the body? “Your plan sounds like a good one,” the Saudi replied.
Let’s consider this. The most wanted man in the world; substantive professional doubts about whether the man in the Abbottabad house is him; tremendous public doubts about whether it could even be him; the most important operation of the Obama presidency; yet the decision about what to do with the body is left to low-level operatives. Keep in mind SEALs are trained to follow orders given by others. They’re expected to apply what they know to unexpected scenarios that come up, but the key strategic decisions— arrived at in advance—are not theirs to make.
Even more strange that Brennan would discuss this with a foreign power. And not just any foreign power, but the regime that is inextricably linked with the domestically-influential family of bin Laden—and home to many of the hijackers who worked for him.
Is it just me, or does this sound preposterous? Obama’s Homeland Security and Counterterrorism adviser is just winging it with key aspects of one of America’s most important, complex and risky operations? And the Saudi government is the one deciding to discard the remains of a man from one of Saudi Arabia’s most powerful families, before the public could receive proper proof of the identity of the body? A regime with a great deal at stake and perhaps plenty to hide.
Also please consider this important caveat: As we noted in a previous article, the claim that the body had already been positively identified via DNA has been disputed by a DNA expert who said that insufficient time had elapsed before the sea burial to complete such tests.
King Abdullah meets John Brennan, assistant to the US President for Homeland Security and CounterterrorismThe line about Brennan himself having been a former CIA station chief in Saudi Arabia is just sort of dropped in there. No recognition of what it means that a person of that background was put into that position after 9/11, no recognition that a person of that background and those fraught personal connections is controlling this narrative. He’s not just a “counterterrorism expert”—he is a longtime member of an agency whose mandate includes the frequent use of disinformation. And one who has his own historic direct links to the Saudi regime, a key and problematical player in the larger chess game playing out.
It’s relevant to note that Brennan is not only a career CIA officer (they say no one ever really leaves the Agency, no matter their new title) but one with a lot of baggage. He was deputy director of the CIA at the time of the 9/11 attacks. He was an adviser to Obama’s presidential campaign, after which Obama initially planned to name him CIA director. That appointment was pulled, in part due to criticism from human rights advocates over statements he had made in support of sending terrorism suspects to countries where they might be tortured.
Of course, there could have been other sources besides Brennan. In addition to the unnamed “counterterrorism official” previously cited, the New Yorker mentions a “special operations officer,” as in:
…according to a special-operations officer who is deeply familiar with the bin Laden raid.
Subsequent quotes from him indicate that this had to be a supervisory special ops officer. His comments are surprising:
“This wasn’t a hard op,” the special-operations officer told me. “It would be like hitting a target in McLean”—the upscale Virginia suburb of Washington, D.C.
President Barack Obama listening to John Brennans report.
President Barack Obama listening to John Brennans report.Whoops! Here’s a Special Ops guy saying the Special Ops raid was actually no big deal! Shouldn’t that, if a valid assessment, get more attention? Especially given the endless praise and frequent statements of how difficult the operation was. I mean, the toughness and diciness of the Abbottabad mission is the prime reason we want to read the New Yorker’s account in the first place!
To further underline the point, consider that this fellow is not alone in his assessment:
In the months after the raid, the media have frequently suggested that the Abbottabad operation was as challenging as Operation Eagle Claw and the “Black Hawk Down” incident, but the senior Defense Department official told me that “this was not one of three missions.”…. He likened the routine of evening raids to “mowing the lawn.”
Why would a person overseeing an operation like this deflate the bubble of adoration? It doesn’t seem helpful to the interests of Special Operations – and it doesn’t seem credible, either. So there’s presumably a reason that this person is—again speaking to The New Yorker after this important exclusive has been carefully considered and strategized. We just don’t know what it is, and the magazine doesn’t even bother to wonder.
***
Most of the other sources seem to play bit roles. One is “a senior adviser to the President” whose only comment is that Obama decided not to trust the Pakistanis with advance notice of the raid—which we already knew. Another— named—source is Ben Rhodes, a deputy national-security adviser, who does not evince any intimate knowledge of the raid itself.
The New Yorker also includes a few other officials who brief Schmidle on general background, like a “senior defense department official” explaining the overall relationship between Special Operations and CIA personnel, and a named former CIA counsel explaining that the Abottabad raid amounted to “a complete incorporation of JSOC [Joint Special Operations Command] into a C.I.A. operation.”
That’s only slipped into the article, but it is perhaps one of the most important aspects of the piece, along with a brief mention of the way in which former Iraq/Afghan commander General David Petraeus has gone to CIA while CIA director Panetta has been made Defense Secretary. (For more on these important but confusing games of high-level musical chairs, which were not deeply scrutinized in the conventional media, see our WhoWhatWhy pieces here and here.)
This may sound too technical for your taste, but the takeaway point is that fundamental realignments are afoot in that vast, massively-funded, powerful and secretive part of the US government that is treated by the corporate press almost as if it does not exist. The tales of internal intrigue that we do not hear would begin to provide us with the real narratives that are not ours to have.
In the New Yorker piece, we do learn lots of things we did not know before—for example, that Special Ops considered tunneling in or coming in by foot rather than helicopter. We learn that CIA director Robert Gates wanted to drop massive bombs on the house. General James Cartwright, vice chairman of the Joint Chiefs of Staff, shared that view—Cartwright is one of the few who is directly identified as a source for Schmidle. That’s important stuff, and worth more than brief mention. And, once again, we need more effort to try and understand why we are being told these things.
“WE REALLY DIDN’T KNOW…WHAT WAS GOING ON”
About two-thirds of the article is a sort of scene-setter, a prologue to on-the-ground story we’ve all been waiting for. But when the big moment arrives, The New Yorker’s Schmidle instead punts:
Meanwhile, James, the squadron commander, had breached one wall, crossed a section of the yard covered with trellises, breached a second wall, and joined up with the SEALs from helo one, who were entering the ground floor of the house. What happened next is not precisely clear. “I can tell you that there was a time period of almost twenty to twenty-five minutes where we really didn’t know just exactly what was going on,” Panetta said later, on “PBS NewsHour.”
Until this moment, the operation had been monitored by dozens of defense, intelligence, and Administration officials watching the drone’s video feed. The SEALs were not wearing helmet cams, contrary to a widely cited report by CBS. None of them had any previous knowledge of the house’s floor plan, and they were further jostled by the awareness that they were possibly minutes away from ending the costliest manhunt in American history; as a result, some of their recollections—on which this account is based—may be imprecise and, thus, subject to dispute.
Schmidle claims that the SEALs’ “recollections—on which this account is based”—are subject to dispute. But as I’ve noted, the article is NOT based on their recollections, but on what some source claims to Schmidle were their recollections. Why the summary may be imprecise and thus subject to dispute after it has been filtered by a person controlling the scenario, must be asked. Perhaps this is why The New Yorker is not permitted to speak directly to the SEALs—because of what they could tell the magazine.
Now, killing the men who lived in the compound: First, the SEALs shot and killed the courier, who they say was armed, and his wife, who they say was not, when they emerged from the guesthouse. Then they killed the courier’s brother inside the main house, who they say was armed. Then they moved up the stairs:
…three SEALs marched up the stairs. Midway up, they saw bin Laden’s twenty-three-year-old son, Khalid, craning his neck around the corner. He then appeared at the top of the staircase with an AK-47. Khalid, who wore a white T-shirt with an overstretched neckline and had short hair and a clipped beard, fired down at the Americans. (The counterterrorism official claims that Khalid was unarmed, though still a threat worth taking seriously. “You have an adult male, late at night, in the dark, coming down the stairs at you in an Al Qaeda house—your assumption is that you’re encountering a hostile.”) At least two of the SEALs shot back and killed Khalid.
Ok, that’s pretty strange. First, Schmidle asserts that Khalid bin Laden was armed and fired with an AK-47. Then he quotes the “counterterrorism official” saying that Khalid was unarmed. Why does The New Yorker first run the “Khalid was armed” claim as a fact, and then include Brennan’s disclaimer? What’s really going on here, even from the New Yorker’s editorial standpoint?
Here’s another such instance: a dispute over where Osama was when they first saw him:
Three SEALs shuttled past Khalid’s body and blew open another metal cage, which obstructed the staircase leading to the third floor. Bounding up the unlit stairs, they scanned the railed landing. On the top stair, the lead SEAL swivelled right; with his night-vision goggles, he discerned that a tall, rangy man with a fist-length beard was peeking out from behind a bedroom door, ten feet away. The SEAL instantly sensed that it was Crankshaft [codename for Osama]. (The counterterrorism official asserts that the SEAL first saw bin Laden on the landing, and fired but missed.)
What’s the purpose of all this? How good is intelligence work when they can’t reconstruct whether the singular focus of the operation was first spotted peeking out from a doorway, or standing on the landing above them?
And then one of the most interesting passages, about the kill:
A second SEAL stepped into the room and trained the infrared laser of his M4 on bin Laden’s chest. The Al Qaeda chief, who was wearing a tan shalwar kameez and a prayer cap on his head, froze; he was unarmed. “There was never any question of detaining or capturing him—it wasn’t a split-second decision. No one wanted detainees,” the special-operations officer told me. (The Administration maintains that had bin Laden immediately surrendered he could have been taken alive.)
Uh-oh. So who is this Special Operations officer? He is directly disputing the administration’s claim on what surely matters greatly—what were President Obama’s intentions here? And did they always plan to just ignore them? That The New Yorker just drops this in with no further analysis or context is, simply put, shocking.
It seems almost as if Panetta, Obama, and the people in the story who most closely approximate actual representatives of the public in a functioning democracy, were basically cut off from observing what went down that day—or from influencing what transpired.
Consider this statement from Panetta, not included in the New Yorker piece:
“Once those teams went into the compound I can tell you that there was a time period of almost 20 or 25 minutes where we really didn’t know just exactly what was going on. And there were some very tense moments as we were waiting for information.
“We had some observation of the approach there, but we did not have direct flow of information as to the actual conduct of the operation itself as they were going through the compound.”
Panetta’s “lost 25 minutes” needs to be seen in the context of a man with civilian roots, notwithstanding two mid-60s years as a Lt. in military intel: Former Congressman, Clinton White House budget chief and Chief of Staff, credentials with civil rights and environment movements—a fellow with real distance from the true spook/military mojo.
Taken together, here’s what we have: President Obama did not know exactly what was going on. He did not decide that bin Laden should be shot. And he did not decide to dump his body in the ocean. The CIA and its Special Ops allies made all the decisions.
Then Brennan, the CIA’s man, put out the version that CIA wanted. (Keep in mind that, as noted earlier, CIA was really running the operation—with Special Ops under its direction).
What we’re looking at, folks, is the reality of democracy in America: A permanent entrenched covert establishment that marches to its own drummer or to drummers unknown. It’s exactly the kind of thing that never gets reported. Too scary. Too real. Better to dismiss this line of inquiry as too “conspiracy theory.”
If that sounds like hyperbole, let me add this rather significant consideration. It is the background of Nicholas Schmidle, the freelancer who wrote the New Yorker piece. It may give us insight into how he landed this extraordinary exclusive on this extraordinarily sensitive matter—information again, significantly, not shared by The New Yorker with its readers:
Marine Lt. General Robert E. “Rooster” Schmidle Jr.
Schmidle’s father is Marine Lt. General Robert E. “Rooster” Schmidle Jr. General Schmidle served as Commanding Officer of Special Purpose Marine Air-Ground Task Force (Experimental)—that’s essentially Special Operations akin to Navy SEALs. In recent years, he was “assistant deputy commandant for Programs and Resources (Programs)”—where, among other things, he oversaw “irregular warfare.” (See various, including contract specs here on “Special Operations,” and picture caption here) In 2010, he moved into another piece of this, when Obama appointed him deputy commander, U.S. Cyber Command. Cumulatively, this makes the author’s father a very important man in precisely the sort of circles who care how the raid is publicly portrayed—and who would be quite intimate with some of the folks hunkering down with Obama in the Situation Room on the big day.
You can see a photo of Gen. Schmidle on a 2010 panel about “Warring Futures.” Event co-sponsors include Slate magazine and the New America Foundation, both of which, according to Nicholas Schmidle’s website, have also provided Schmidle’s son with an ongoing perch (with Slate giving him a platform for numerous articles from war zones and the foundation employing him as a Fellow.) These parallel relationships grow more disturbing with contemplation.
***
So let’s get back to the question, Who is driving this Ship of State?
First, consider this passage:
Obama returned to the White House at two o’clock, after playing nine holes of golf at Andrews Air Force Base. The Black Hawks departed from Jalalabad thirty minutes later. Just before four o’clock, Panetta announced to the group in the Situation Room that the helicopters were approaching Abbottabad.
John Brennan and ObamaTo be really useful reporting here, rather than just meaningless “color”, we’d need some context. Was the golf game’s purpose to blow off steam at an especially tense time? Did Obama not think it important enough for him to be constantly present in the hours leading up to the raid? Is this typical of his schedule when huge things are happening? We desperately need a more realistic sense of what presidents do, how much they’re really in charge, or, instead, figureheads for unnamed individuals who make most of the critical decisions.
Here’s something just as strange: we are told the President took a commanding role in determining key operational tactics, but then didn’t seem interested in important details, after the fact.
Forty-five minutes after the Black Hawks departed, four MH-47 Chinooks launched from the same runway in Jalalabad. Two of them flew to the border, staying on the Afghan side; the other two proceeded into Pakistan. Deploying four Chinooks was a last-minute decision made after President Barack Obama said he wanted to feel assured that the Americans could “fight their way out of Pakistan.”
Now, consider the following climactic New Yorker account of Obama meeting with the squadron commander after it’s all over, with bin Laden dead and the troops home and safe. Schmidle decides to call the commander “James…the names of all the covert operators mentioned in this story have been changed.” The anecdote will feature a canine, one who, in true furry dog story fashion, had already been introduced early in the New Yorker piece, as “Cairo” (it’s not clear whether the dog’s name, too, was changed):
As James talked about the raid, he mentioned Cairo’s role. “There was a dog?” Obama interrupted. James nodded and said that Cairo was in an adjoining room, muzzled, at the request of the Secret Service.
“I want to meet that dog,” Obama said.
“If you want to meet the dog, Mr. President, I advise you to bring treats,” James joked. Obama went over to pet Cairo, but the dog’s muzzle was left on.
Here’s the ending:
Before the President returned to Washington, he posed for photographs with each team member and spoke with many of them, but he left one thing unsaid. He never asked who fired the kill shot, and the SEALs never volunteered to tell him.
Why did the president not want to ask for specifics on the most important parts of the operation—but seemed so interested in a dog that participated? While it is certainly plausible that this happened, we should be wary of one of the oldest p.r. tricks around—get people cooing over an animal, while the real action is elsewhere.
Certainly, Obama’s reaction differs dramatically from that of other previous presidents who always demanded detailed briefings and would have stayed on top of it all throughout—including fellow Democrats JFK, Carter and Clinton. At minimum, it shows a degree of caution or ceremony based upon a desire not to know too much—or an understanding that he may not ask. Does anyone doubt that Bill Clinton would have been on watch 24/7 during this operation, parsing legal, political and operational details throughout, and would have demanded to know who felled America’s most wanted?
Nicholas Schmidle
Summing up about the reliability of this account, which is now likely to become required reading for every student in America, long into the future:
- It is based on reporting by a man who fails to disclose that he never spoke to the people who conducted the raid, or that his father has a long background himself running such operations (this even suggests the possibility that Nicholas Schmidle’s own father could have been one of those “unnamed sources.”)
- It seems to have depended heavily on trusting second-hand accounts by people with a poor track record for accurate summations, and an incentive to spin.
- The alleged decisions on killing bin Laden and disposing of his body lack credibility.
- The DNA evidence that the SEALs actually got their man is questionable.
- Though certain members of Congress say they have seen photos of the body (or, to be precise, a body), the rest of us have not seen anything.
- Promised photos of the ceremonial dumping of the body at sea have not materialized.
- The eyewitnesses from the house—including the surviving wives—have disappeared without comment.
We weren’t allowed to hear from the raid participants. And on August 6, seventeen Navy SEALs died when their helicopter was shot down in Afghanistan. We’re told that fifteen of them came, amazingly, from the same SEAL Team 6 that carried out the Abbottabad raid—but that none of the dead were present for the raid. We do get to hear the stories of those men, and their names.
Of course, if any of those men had been in the Abbottabad raid—or knew anything about it of broad public interest, we’d be none the wiser—because, the only “reliable sources” still available (and featured by the New Yorker) are military and intelligence professionals, coming out of a long tradition of cover-ups and fabrications.
Meanwhile, we have this president, this one who according to the magazine article didn’t ask about the core issues—why this man was killed, who killed him, under whose orders, what would be done with the body.
Well, he may not want answers. But we ought to want them. Otherwise, it’s all just a game.
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“a drone can circle and study a target for hours before it strikes”
Only because the people down below lack anti-aircraft weapons (a pretty good sign that they are actually civilians).
Or, if not civilians, then no threat whatsoever to US citizens minding their own business within their borders.
The Americans have been fighting cowardly wars ever since the end of world war 11. They only go after poor third world countries dropping their bombs from on high on innocent civilians. I remember their massive slaughter of the Vietnamese using napalm and cluster bombs. They are so vicious and dumb that killing poor people that have done nothing against them makes them feel good and they hate foreigners so much they don’t even bother to count the number they kill because it might remind people how uneven their wars are.
Amerikans/ Europeans have been slaughtering/ carrying out terrorist atrocities, aka wars; since 1492 ! Manifest Destiny, amerikan imperialism, terrorism, all deadly semantics; all have come Full Circle…..the fascist amerikan empire IS sliding into the abyss !!!
“The ancient Greeks, unlike the Jews or the Christians, invested their gods with human failings. Divine judgment, they believed, was neither flawless nor dispassionate; it was warped by lust, vengeance and self-interest. In the hands of Zeus, the thunderbolt was both an instrument of justice and a weapon of jealousy and revenge.”–George Monbiot ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ “unlike the jews or christians”? i find that curious, george, because somewhere in the old testament we learn that g_d is a jealous g_d.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ “Yet, as fatalistic as the ancient Greeks, we drift into this with scarcely a murmur of debate, leaving the gods to decide.”–George Monbiot ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
good point! i find it amazing that people continue to expect the elect of mount olympus d.c. to solve all problems. we might blame that “faith” in the ruling class on the greeks, too. plato, realising that certain humans among us have such extraordinary qualities of leadership, intellectually wise and morally superior that they most naturally should be entrusted to manage all our affairs. why to even the landed gentry, is tantamount to questioning the gods themselves!
plato went on to say that these most exalted ones know best which sciences a government supports and which sciences waste time and money. the sciences which lead to more magnificent weaponry should get the lion’s share for should another society attempt to wrest the g_d given (*see divine right of kings) land always makes weaponry top priority. we immoral, mortal commoners who glory in our leader’s success must see their altruism for what it is. they protect and manage the wealth for all of us.
The first, the original, meaning of “jealous” was “watchful” or “careful.” This is the sense in which the translators of the King James Bible used it.
Since you raise the point, Rainborowe, I’ve often wondered why the term “jealous” has gotten muddled in popular usage.
In addition to the synonyms you present, the original pejorative sense of jealous meant, and still sometimes means, “protective” or “possessive” (to a fault). But in modern usage it’s also a synonym for “envious” or “covetous”, which isn’t really the same thing.
‘Tis a semantic puzzle.
“god bless america…..and nobody else!”
“patriotism is the last refuge of scoundrels!” –dr. samuel johnson
When was the last time the U.S. actually won a war?
Reminds me of the late Bill Hicks’ view on the first Gulf slaughter;
“War? Well, a war is when *two* armies are fighting.”
When a war “ends”, so does the revenue stream for the banksters and their military industrial complex. No US war will ever end as long as the banksters own the US Government.
This is drivel, for two reasons:
Using drones is no more dastardly than using suicide bombers – both are indiscriminate and presume ‘collateral’ damage.
In the larger picture, all war is a crime. attempting to parse discrete levels of culpability is absurd prima facie.
Except suicide-bombing arises only as a desperate measure by a vastly out-gunned people trying futilely to defend themselves against an invader and occupier. Stop the invasions and occupations and the suicide-bombings will stop. Alternatvely, if the defenders were given the same advanced weaponry as the invader, they would discard their inaccurate suicide bombs too.
Also, with all the atrocities being done in our name by our governent, which are precipitating the suicide bombings to begin with, and all the work to be done resisting them, I frankly don’t have the indignation left to invest in the suicide bomber’s actions. So, the symmetry you are trying to draw is no quite correct. There is no symmetry between effect and casue – at the macroscopic non-quantum level anyway.
What is really absurd is failure to distinguish between the culpability of those who seek to impose imperial tyranny and those who attempt to defend their homes and families against it.
As some Palestinian once said, give us planes and tanks so we don’t have to use suicide/human bombers.
I appreciate Mr. Monbiot’s use of Greek mythology. His initial point was to show that the deities of Olympus have critical flaws unlike the premise of a more perfect God, one alone who is flawless, and governs our world as the sovereign ruler.
I take issue, however, with Mr. Monbiot’s conclusion:
“Yet, as fatalistic as the ancient Greeks, we drift into this with scarcely a murmur of debate, leaving the gods to decide. “
The MIC acts like a stand-in for Divine authority as it sees no need to take input from citizens. It is this Luciferic force, masquerading as a god of indiscriminate death, that makes the decisions that eliminate all debate. It is not the citizenry, particularly those who advocate FOR world peace and see through the law-defying rationales of the “War on Terror,” who choose these outcomes!
WE is a dangerous notion when decisions are taken by a few (very damaged souls) on alleged behalf of all others.
this guy monbiot is an odd guy – i saw him last month “debating” helen calddicott about nuclear energy – he was shilling for the industry and his disrespect for this world renown expert was offensive
he’s one of these guys who says a little radiation is “good” for you – it ain’t
as far as the drones go – trying to make this sound like a man up situation is very macho on his part but i’ll bet 20 bucks he has never been under fire
as much as i hate our current military situation around the world i don’t want to see another one of our men or women injured or killed, not even one more
4800 dead – hundreds of thousands wounded emotionally and physically is quite enough
we need to stand down the war machine manned and unmanned and stop all this killing
our soldiers are not cowards but the likes of obummer, cheney, bush baby and mittens oromney who put them in harm’s way – they are truly cowards and when it was time for them to serve they had “other priorities” as cowards often do…
I really think you need some lessons in civility in the way you write your posts. You write like an arrogant asshole.
Monbiot, as I do, regard the catastrophic consequences of AGW to be a far more dire issue than nuclear power plant safety issues – which are manifestly exaggerated by oppnents compared to any other industrial process – especially the mining and burning of coal. The facts are, when a nuclear power plant is closed, it is replaced with a coal-burning one. And even if it were replaced with renewables, it means that a coal power plant somewhere could have, but will not, be replaced with renewables. As Monbiot has noted, this is madness.
i think that shilling for nuclear power exposes your ignorance of the dangers of nuclear energy its either willful ignorance or you work in the industry
go and live near one and count the days until your tumors arrive
death count from chernobyl – 1 million
fuskushima: well that is being written – the prefecture where that monstrosity sits is now uninhabitable for the half life of the isotopes being released – around 30,000 years or so
3 mile island – oh yeah we didn’t even measure that one
shill on bro – ignorant one – each to his own
If nuclear power plants are safe, let the commerical insurance industry insure them – they don’t and won’t and for good reason
shill on bro shill on
Regarding Mr. Monbiot, I believe he was against nuclear power before he was for it. He now displays the passion of a convert.
Man, If you don’t wear metaphorical boots while posting on this site, one is likely to step in a pile of dung. PJD is lecturing med on civility at the same time calling him or her an “arrogant asshole.” (Pot calling the Kettle black.)
Since when did CD establish etiquette laws?
But having a bunch of limp-wristed gays in the military now makes it okay for us to be cowardly and wimpish in the way we fight our manly wars of aggression. ;~)
Border
n. 2. Archaic A line separating two political or geographical areas, esp. countries.
“With Its Deadly Drones, the US is Fighting a Coward’s War”
“With these unmanned craft, governments can fight a coward’s war, a god’s war, harming only the unnamed.” ________________________
I get the point, but I think conceptualizing technobarbaric warfare as “cowardly” is unfortunate in one respect: it’s susceptible to the inference that manunkind was better off when warmongers initiated good old-fashioned brave, heroic, glorious wars– wars against “named” targets, give or take a bunch of innocent bystanders.
You know, a MANLY war.