Philip Giraldi, a former CIA officer, is executive director of the Council for the National Interest.
The question of how to balance government surveillance with individual privacy is really quite simple. On one side the government believes that the investigation of someone who is either planning or has actually carried out a crime should be without any conditions, that all evidence potentially relating to the event should be accessible to law enforcement. On the other side, citizens have a reasonable expectation of privacy in their day to day activities, meaning that the government should have to demonstrate indisputable “probable cause” to a judge before undertaking any intrusion into an individual’s private space. And even then, the intrusion should be narrowly defined to include only the actual criminal activity under investigation.
The problem comes in where the two principles collide, particularly as the new national security relationship between government and governed is still being laboriously defined in the wake of Edward Snowden’s revelations about the extent of American and British communications monitoring. The manufacturers of telephones and the providers of internet and phone services, which inhabit an uncomfortable space between the government and the public, have inevitably become the new zone of conflict. Apple, maker of the world’s most well known smartphone, has recently found itself in these crosshairs.
Companies such as Apple market hardware and communications services globally based on a presumption that the systems are secure, meaning that they are resistant to being hacked or accessed by either criminals or the government. As a result, security features have been incorporated that are at least in theory unbreakable, some of which are referred to as “end to end encryption” where only the sender and receiver can have access. Sophisticated security systems reportedly have so many variables built into them that they can only be broken by a computer capable of running thousands or even millions of numerical combinations. Such computers exist at NSA but they are unable to defeat a second feature that some phones have, which is a delete function that wipes the phone memory clean of data after 10 tries to break the security system are attempted.
The national security community, for its part, maintains that any communications system must have a “backdoor,” that is a point through which access can be obtained that bypasses or disables the security or passcode and reveals the contents. To further complicate the issue, a federal judge has now entered into the conversation, ordering Apple to “unlock” the iPhone that was used by Syed Rizwan Farook, one of the two terrorists who killed 14 people in San Bernardino California on December 2. The FBI reportedly has been seeking to access the phones for over two months without success and is claiming that Apple has been uncooperative in revealing the technology involved.
Apple’s Chief Executive Tim Cook responded to the demand with a refusal, saying that the “U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create.” Cook went on to state that any attempt to create a backdoor would weaken the overall integrity of the security system, making it susceptible to hacking and other cyber intrusion. And he also correctly noted that many people store substantial information on their phones, meaning that the government or a criminal would have access to personal data far beyond the record of who has been calling whom and when.
All the phone’s peripheral information would become vulnerable and there is no way to guarantee that the government would not access information that has nothing to do with its investigation. Indeed, the past 15 years would suggest that the government cannot be trusted whenever it is presented with an opportunity to overreach. And once a key is developed to compromise the security of even one phone it can be used on all phones that use the operating system, which means any one of the millions of Apple phones.
Cook did not note his other concern—creating a backdoor for the U.S. government would cost Apple much of its huge overseas market, after consumers there turned to other phones with unbreakable encryption. It would be devastating for the company.
The Apple chief also expressed another concern, that bowing to the FBI demand would inevitably lead to new administratively imposed requirements, where the “government could extend this breach of privacy and demand that Apple build surveillance software to intercept your messages, access your health records or financial data, track your location, or even access your phone’s microphone or camera without your knowledge.”
Apple quite likely also understands that any key provided to the FBI would not just be destroyed after use. It would be shared with the CIA and NSA and likely with foreign partners like the British and Israelis, who would not be reluctant to use the new toy. Cook is certainly aware of legislation pending in Great Britain. The British government security services, like the FBI, are particularly concerned over phone encryption and a new law would require the companies involved to “decrypt” desired information when presented with a warrant to do so. It is unclear what would happen next if the company cannot comply because no such technical option exists, as Apple argues, but the British government might well demand that such a feature be incorporated into new operating software. If the company failed to comply, it could be subject to punitive fines or even have its business operation shut down in the UK.
And there is also considerable debate over proposed British government monitoring of the internet, which is likely a harbinger of what might be coming worldwide. Additional legislation being proposed by Home Secretary Theresa May as part of a package of new laws designed to enable the police and security services to have freer access to a whole range of communications services would require technology companies to retain all “internet connection records” for 12 months.
That means that any time you send or receive something or go to a website, the information would be saved and would be accessible to the police. And it would all take place without either judicial oversight or any requirement for a warrant. Interestingly, the legislation is being promoted as a tool to investigate child pornography sites, but it would no doubt be used much more extensively if it becomes law. As in the frequently abused FBI surveillance using National Security Letters, the target of the investigation would have no knowledge that he was being looked at and the communications provider would be forbidden by law from revealing to the customer that anything was taking place.
Nearly everyone would likely agree that revealing the contents of terrorist Syed Farook’s phone would be desirable. But if doing so would also make all Apple smartphones vulnerable to government intrusion, it would be the devil’s own bargain—trading away a fundamental liberty for a tool that the security services would undoubtedly find helpful, though it is unlikely to be a game changer. And as soon as militants learn that some of their phones are vulnerable, they would undoubtedly find other ways to communicate, as they have done in the past.
Government inevitably pushes for more power to define the rules it operates under in such a way as to sanction behavior that once upon a time would have been considered unacceptable. In this case, it is important to understand that the Farook iPhone is not just a single phone owned by a terrorist, as the FBI would have one believe. It instead constitutes a wedge issue, representing the government’s insistence that everyone’s zone of privacy should be defined by some bureaucrat’s interpretation of “making you safe.” Developing an iPhone backdoor to find out whom Farook talked to would be a very bad bargain.
Philip Giraldi, a former CIA officer, is executive director of the Council for the National Interest.
Earlier this year, Seymour Hersh, America’s leading investigative journalist, published an intriguing article on U.S. policy towards the growing conflict in Syria and Iraq. “Military to Military,” which appeared in the London Review of Books, maintains that the Pentagon’s intelligence analysts have, since 2013, been advising against the White House policy of removing Syrian President Bashar al-Assad, arguing that it would create a power vacuum in the country that would inevitably be exploited by groups like ISIS. The analysts cited the examples of Saddam Hussein in Iraq and Muammar Gaddafi in Libya as examples of what might go wrong. They also argued that arming a group of “moderate” rebels to overthrow the Damascus government was delusional because even moderates were of necessity entering into “accommodations” with radical groups.
The Joint Chiefs of Staff also observed that the more extreme rebels were being supplied with weapons by feckless allies, including Saudi Arabia, Qatar, and Turkey, who were exploiting the crisis in support of their own narrowly construed agendas. They attributed the White House obsession with al-Assad to a Cold War type of mentality born of the view that Syria is a client state of Russia, which continues to be seen as the principal challenge to U.S. global hegemony. It is not a view that the Pentagon embraces, seeing a much more complicated evolving threat situation in the heart of the Arab world that has little or nothing to do with great power rivalry.
According to Hersh, after being ignored by the White House, the Department of Defense began pushing back behind the scenes to undermine the administration policy on al-Assad by sharing intelligence with a number of foreign liaison services—to include Russia, Germany, and Israel—that it knew would be leaked to the Syrian government. The “leaks” of intelligence started in the summer of 2013 and continued until 2015, with the intention of strengthening Damascus’s ability to resist opposition forces, most particularly al-Nusra and ISIS. The information being shared was regarded as “military to military” exchanges and neither the White House nor the State Department was briefed regarding it.
As the United States has also been simultaneously arming and training the so-called “moderate” opposition forces, the possible support of al-Assad would suggest that Washington has been engaged on both sides of the conflict, which is quite possibly an accurate assessment. One expects a certain lack of coherence in the foreign policy emanating from the Barack Obama White House, but what is particularly disturbing is the “Seven Days in May” suggestion that the Pentagon might be running its own unconstitutional foreign policy without the consent of the nation’s civilian leadership.
To be sure, there have been rumblings of discontent from the Pentagon that might have suggested that something was not quite right. Former Defense Secretaries Leon Panetta and Robert Gates have complained in their memoirs that the national security policy process was increasingly being micromanaged by the White House, which itself was nevertheless unable to exercise effective leadership to establish priorities.
Secretary of Defense Chuck Hagel resigned in late 2014 reportedly because he had been disconcerted by a lack of clarity coming out of the White House. He reportedly objected to the increasingly secretive National Security Council (NSC) usurpation of security policy decision making that hitherto had been shared with the Defense Department. He also had sharp disagreements with National Security Advisor Susan Rice over contradictions in the policy against ISIS, arguing that a well-articulated program to address the terrorism threat as a regional issue rather than as distinct problems in Iraq and Syria was essential. He also questioned the lack of any clear policy towards the Syrian government. Hagel, a decorated Vietnam War veteran, was eventually asked to resign and was replaced by non-veteran bean counter Ash Carter, who has carefully not made waves while characteristically pushing issues like gender equality in the military’s combat arms to the fore.
Hersh’s article has only received limited reviews, most of which have been somewhat disparaging, quite likely because a rogue Pentagon is the worst nightmare of every establishment politician and journalist. And, to be sure, there has been some questioning of the “facts” as well as judgments made in his piece, though they have not refuted his central thesis. To be fair, Sy Hersh undoubtedly has top-level sources in the Pentagon and he is meticulous in his fact checking but there is always a possibility that a source might well be embellishing a tale or exaggerating his or her own involvement in it.
As chance would have it, I have recently had candid discussions with two current members of the National Security Council who will have to remain nameless. The first one dropped a bombshell, to my mind, by observing that President Obama, like Bill Clinton, is largely indifferent to intelligence reports. He rarely reads the digests that are presented to him each morning and prefers to make decisions based on his own instincts and what he is being told by his advisors.
The second official, who has been on the NSC since Obama took office, explained the Obama world view. He said that Obama has been convinced by his three closest foreign policy advisors—Rice, Valerie Jarrett, and Samantha Power—that the top U.S. foreign policy priority should be the “responsibility to protect,” or R2P as it is abbreviated. He described how the Obama team sees the Rwandan Genocide of 1994, in which at least half a million mostly Tutsi tribesmen died while the world looked on, as equivalent to the way in which neoconservatives view the Holocaust, leading them to act as if it’s always 1938 in Munich. The interventions in both Libya and Syria can be explained in those terms: a bid to prevent mass slaughter of civilians without any particular regard for what comes afterwards or what the strategic consequences might be. If Obama agrees in principle to keep substantial numbers of American troops in Afghanistan past 2017, the reasoning and possible consequences will be the same.
Given the basic White House prejudice of protecting civilians as the top priority, it becomes easy to understand why Bashar al-Assad is seen as the fundamental problem in the Syria fandango. Al-Assad, it is generally agreed, has killed more Syrians than have the rebels, which makes him the principal enemy. What is ignored in that calculation is the actual U.S. interest in the conflict, which is, to put it in its simplest terms, that ISIS and al-Nusra actually directly threaten the United States while al-Assad does not.
This deliberate unwillingness on the part of the White House to discern a simple truth regarding the conflict has been noted recently by an increasing number of journalists and even politicians. Congresswoman Tulsi Gabbard and Virginia State Senator Dick Black, both of whom are veterans, have publicly challenged the implications of the current U.S. policy.
The White House inclination to respond to claims of genocide as the principal driver of policy was prominent in the 2011 intervention in Libya. Investigative journalist Gareth Porter has described how the Defense Intelligence Agency studied the Libyan situation and concluded that probability of mass killings taking place if Gaddafi were to remain in place was based only on “speculative arguments.” It warned correctly and presciently that no actual U.S. interest would be served by intervention, which would only open the door to an extremist takeover of the government.
Porter also recounts how in an eerie parallel to later developments in Syria, the White House approved a plan to cooperate with Qatari government attempts to arm the Libyan rebels. Washington soon discovered that the weapons went mostly to the most radical groups, including the al-Qaeda affiliate.
According to Porter, the U.S. military’s African Command persisted even after the bombing began, arranging a cease fire directly with Gaddafi which would enable him to step down and turn over the reins of government to his army, which would preempt an extremist takeover. The State Department under Hillary Clinton refused to consider such an option. When it was reported that Gaddafi had been killed she laughed and quipped, “We came, we saw, he died.”
The heaping-Ossa-upon-Pelion history of regrettably poor policy choices made by the White House brings one back to the beginning. Is Sy Hersh possibly correct in describing Pentagon pushback against administration policies? And if so, what does that mean in terms of civilian control of the military? As both Hersh and Porter observe, the activity by the generals did not change policy one bit—and one might also imagine that it would be a brave flag officer who would jeopardize his career by engaging in activity that would be unlikely to have any real impact.
I would suspect there is more than a touch of hyperbole in the tale of generals engaging in derring-do to tweak the nose of the White House and I would add that the rebellion by the Joint Chiefs, if it occurred as described, is really little more than a display of petulance. But it is nevertheless interesting to note the depth of unhappiness among professionals in government with the administration’s stop-and-go policies in the Middle East. It is also important to recognize that the collaborative bureaucratic process that once upon a time generated foreign policy has largely been abandoned under the Obamas and one might observe, parenthetically, that U.S. president presumptive Hillary Clinton was part and parcel of the new reality both for Libya and Syria. More recently, she has called for a no-fly zone for Syria which might well lead to the shooting down of Russian planes. I wonder what the Joint Chiefs of Staff think about that?
Philip Giraldi, a former CIA officer, is executive director of the Council for the National Interest.
In his final State of the Union Address, President Barack Obama noted in passing that the United States spends as much on defense as the next eight countries combined. He might have added that the proportions are similar for the Foreign Service and the intelligence community, which cost $50 billion and an estimated $80 billion respectively. The president might well have asked why, if that is so, is there so little bang for the buck in terms of what the U.S. taxpayer gets in return.
To be sure, no one has invaded the United States since Pancho Villa in 1916, but every war fought after 1945 has been either unnecessary, inconclusive, or a failure while the intelligence community is repeatedly caught flat footed in terms of anticipating the moves of both competitors and enemies. And a string of 294 fortress-like diplomatic missions around the world has done little to lessen foreign concerns over the seemingly persistent blundering of an imperial Washington that sometimes seems to be more concerned with style than substance. The Embassy in Bishkek, Kyrgyzstan is, for example, currently sponsoring an “I Love English” video contest.
With that in mind, I carefully followed the commentary on 2012’s Benghazi incident in which four Americans, including J. Christopher Stevens, the Ambassador to Libya, were killed. The tale has become something of a political football, but I was more interested in trying to determine how the response actually worked once it became clear that the consular offices were under attack.
The printed and cinematic accounts of the events in Benghazi are very similar but the Washington Post provided some additional insights through its interview of the CIA’s chief of base in the city, who was identified only as “Bob” as he is retired but still under cover. Bob was willing to talk to the newspaper because he believed that the both the book and film had maligned him, having the character who played him order a “stand down,” which delayed by at least 20 minutes the arrival of the Agency security response team at the site where the ambassador and a State Department colleague were in hiding and subsequently found dead of smoke inhalation.
Bob and at least one other CIA officer have stated that no one was ever ordered to stand down but two other officers from the security team, the sources for both book and movie, claim otherwise. Part of the delay in sending off the team, according to Bob, consisted of attempting to contact local Libyan militias for clarification of what was occurring as well as for armed assistance, if needed. Help was not forthcoming but finger pointing over what had occurred and why continued after the CIA base was attacked the following morning. The diplomatic and CIA facilities were both evacuated on the following day. Clearly there was no love lost between the chief of base and his security team.
The Post article describes Bob as a CIA case officer who had served in Latin America but who had also done tours in Afghanistan and Iraq. I do not think I know Bob, but I do know enough about Agency personnel management to guess that he speaks Spanish pretty well but no Pashto and, more to the point, little or no Arabic. Which means he was not an ideal choice for the position because he would be in a highly volatile environment working through an interpreter and in all likelihood the interpreter would be someone provided by the local militias or even someone who walked into the compound and who could speak good English. The interpreter, who might represent almost anything politically speaking, thus becomes the key link in trying to determine what was occurring, and the American officer on the ground would have to defer to the judgement and translating skills of someone whose actual loyalties would be difficult or impossible to assess.
The Benghazi brouhaha recalls an incident at Camp Chapman, near Khost in Afghanistan. The killing of seven CIA officers in 2009, the largest single toll of Agency officers since the Beirut Embassy bombing in 1984, appeared to have been a wake-up call, but perhaps not. The after-action assessment had noted that the Chief of Base Jennifer Matthews, a career analyst, may have been at least partly responsible for the security lapses that led to the deaths. She had been given the position because she aggressively lobbied for the field assignment to help advance her career and the Agency, foolishly, ignored the fact that she had not had the appropriate training and was not experienced enough to be in charge in a war zone.
So people sometimes wind up in the wrong places and as a result people die. But one has to suspect that having the wrong person in the wrong place at the wrong time is somehow systemic in the federal government, particularly related to those individuals who have to do official tours overseas. When I was a non-commissioned officer in the United States Army during the Vietnam War, complaints from officers and non-coms about the rotation system were frequent. One-year tours in Vietnam meant that soldiers were just learning how to do their jobs when they were replaced by someone new who had to learn all over again how to survive. Many did not live through the learning curve and one might reasonably suppose that some thousands of American soldiers might have come home alive if the system had been able to maximize combat effectiveness.
At that time, career officers going to Vietnam would seek safe billets whenever possible but would also speak of having their “tickets punched,” meaning that they needed to have Vietnam active duty on their service records if they were to have any hope of promotion. Currently, both CIA and the Foreign Service as well as the military rotate personnel through countries like Afghanistan and Iraq on one and two-year assignments unaccompanied by their families. The short tour is designed to make up for being unaccompanied but it results in inexperienced officers regularly replacing other officers who have only limited experience. It is a form of “ticket punching” and is a formula for failure.
To be sure, there are administrative problems in having a sufficient number of highly qualified Arabic and Pashto speakers available to fill sensitive assignments, but one would think that after 15 years of the global war on terror someone might have figured out a solution. It takes two years to learn Arabic up to a functional level and no one in mid-career is willing to spend that time and effort, particularly as language training is not particularly career enhancing. So American military officers, intelligence personnel, and even diplomats often tend to be the blind leading the blind when they arrive at an overseas post where the local language is challenging.
And the situation for easier European languages is not necessarily much better as even college-educated Americans rarely learn how to speak a foreign language. In the 1980s a run of five chiefs of station in Italy included only one who could speak Italian. Of 20 or so officers serving in Turkey only one could speak Turkish. A deputy director for operations was so perturbed by the inability of CIA case officers to speak the local language that he blocked assignments for those whose test scores were woeful. After a couple of months he gave up, aware that the problem was insoluble.
In truth the language problem is just one symptom of the “ticket punch” career management that prevails in certain parts of the federal government. Like musical chairs, everyone moves every two years, more or less. And it is not because it is necessary to operate that way because not everyone else in the world of diplomacy and intelligence does the same thing. Back in the old Cold War days, Soviet case officers studied foreign languages and cultures for years before arriving on post. They would even buy clothing and shoes locally to fit in visually. And they would stay on target for years, becoming over time experts on the nuances of their working environment. The British and French operate the same way, having officers in place for years at a time, building up their local expertise. For Americans, the constant rotation of officers was often explained by management not wanting its foot soldiers to “go native.” That chicanery aside, who would be able to work better in the foreign environment, the American or the Russian? Who is more effective today?
So the United States has a lot of its representatives overseas who do not speak the local language and who do not have a clue regarding what the local people are doing or thinking. They generally only serve short tours and their countdown to departure sometimes starts on the day they arrive. It is a bad bargain and it is the reason why disasters like Benghazi and Khost happen. And they will continue to happen because the government fails to address the real problem in training and doctrine—while continuing to spend ever more money on building bigger and better security bubbles for its facilities and people overseas.
Since July the Israel Lobby and other opponents of the understanding reached by the White House and other parties to limit the Iranian nuclear program have been warning that any celebration would be premature, as the agreement is far from a done deal. President Obama survived initial attempts to create legislative hurdles hindering implementation of the pact, but there are clear signals that the battle is far from over.
Congress is again cranking up its efforts to overturn the agreement, incorporating conditions into sometimes unrelated legislation that seek to circumvent or limit the authority of the president to conduct the nation’s foreign policy. This is being referred to as “round two” by critics of the White House, and Mark Dubowitz, executive director of the neoconservative Foundation for the Defense of Democracies, is warning that “there will be many, many more rounds” if needed.
This sustained challenge to long-established executive prerogatives in foreign policy is unprecedented and can only be resisted if the White House retains sufficient Democratic votes in Congress to avoid the overriding of a presidential veto. That is by no means certain in an election year in which there will be considerable media and constituent focus on how individual congressmen have voted on contentious issues.
The first measure seeking to marginalize and punish Iran was House Resolution 158, which passed through the House of Representatives by a lopsided 407 to 19 vote on December 8th. The bill, entitled “The Visa Waiver Program Improvement Act of 2015,” altered the existing Immigration and Nationality Act. Rather than going through the Senate independently, where it might have been amended before going to a vote, the act was subsequently rolled into the “must-pass” omnibus spending bill that passed through both the House and Senate on December 18th, and was then signed by President Obama. It is now law.
The Visa Waiver Program includes 38 countries, mostly in Europe, whose citizens can travel to the United States without first obtaining a visa. The program has been in place since 2005 and has generally been regarded as beneficial both for purposes of tourism and business travel. There have been no known security breaches connected to the program.
The bill was a panicked response to the two recent terrorist incidents in Paris and San Bernardino, California, though the changes mandated would in no way have prevented either attack. The concern was that radicalized European citizens who might have traveled to countries known to harbor large numbers of ISIS supporters could use their visa waiver passports to freely enter the United States with the intention of carrying out terrorist acts.
The concern is legitimate, if almost certainly overstated, as an estimated tens of thousands of young Europeans have reportedly joined ISIS, but the proposed legislation creates a number of problems both in terms of international law and agreements that the United States government has entered into. Nor is there any evidence to suggest that it will actually prevent terrorist incidents.
The legislation specifically cites Iran, a persistent and fully committed enemy of ISIS, together with Iraq and Syria, identifying them as countries where either travel or former residency triggers automatic suspension of visa waiver rights. H.R. 158 requires the Department of Homeland Security to designate additional countries where there is increased likelihood that a visitor might become engaged in a credible threat to the U.S., where there is a significant foreign terrorist organization presence, or where there is a safe haven for terrorists. “Dual nationals” of such countries shall be denied visa waivers even if they are traveling on a passport from a visa waiver country. In addition, other travelers from a visa waiver country who have visited any one of the target countries in the past five years shall also be denied entry under the waiver program. Both “nationals” and those who have visited the target countries will be required to apply for normal travel visas, a process that will include mandatory “sharing of information” with the country that issued the prospective traveler’s passport.
In practice this means that any European passport holder who either visits or is by birth from Iraq, Syria, or Iran will be denied an automatic visa to the United States. Ironically, Iran arguably has never carried out a terrorist bombing or suicide attack against the United States while countries whose citizens have done so, including Libya and Pakistan, are not on the list. Saudi Arabia, exporter and supporter of Sunni Muslim terrorism globally, and also the source of nearly all the 9/11 terrorists, is also exempted. This means that someone could visit Pakistan or Libya for weapons training and not be flagged, but if he or she visits Iran for any reason, they could be denied the right to travel to the United States.
The U.S. bill is in violation of World Trade Organization rules against “politicizing trade” and abridging the ability of businessmen to travel freely. In this case, visiting Iran would be punished by denying onward travel to the U.S., so many foreign visitors will avoid Tehran. The law would also be contrary to the Joint Comprehensive Plan of Action (JCPOA) that recently resolved the issue of the Iranian nuclear program. The agreement guaranteed that the ability to conduct normal business and trade with Iran would not be impeded.
The inclusion of Iran in the bill does not, of course, have anything to do with the war against ISIS. The American neoconservatives and their congressional allies continue to believe that Iran constitutes the most serious threat against Israel, so it has to be pressured incessantly no matter how it behaves.
Other initiatives are in the works. Recent moves in the International Atomic Energy Agency (IAEA) seeking to review Iran’s alleged steps taken to develop a nuclear weapon prior to 2003 have regurgitated the same lies that were surfaced back in 2011, claims regarding Iranian behavior and intentions that were based on empty insinuations and forged documents.
Complaints investigated by the IAEA are generally confidential and sometimes even anonymous but it is known that Israel and the United States were behind the latest moves. The IAEA, which is largely funded by Washington, can be relied on to keep the pressure on Iran.
This week’s incident in which Iran briefly detained 10 U.S. Navy personnel who had unintentionally entered into Iranian territorial waters is being magnified in the media, with some questioning whether it was an “act of war.” It was not, by any reasonable standard, and would be quickly forgotten if it had involved anyone but Iran. It will surely be exploited for emotional value over the next few days.
There also have been stories popping up in the Israel-friendly media claiming that Iran is testing ballistic missiles in violation of United Nations resolutions, allegations that are being exploited in a bid to impose new sanctions and wreck the nuclear agreement. The White House is under pressure to impose sanctions, as Obama maintains that the missiles are an element in the nuclear agreement, a point of view not shared by Iran. For the moment, the relatively mild sanctions being considered are on hold as the administration is keen to have the nuclear agreement move forward.
Congress has still more up its sleeve. Later this month, Senators will likely seek to extend the Iran Sanctions Act for 10 years, including specific provisions targeting the country’s energy and financial sectors. Ironically, the extension will likely be debated while President Obama will actually be trying to finalize the lifting of the existing sanctions as part of the JCPOA. Supporters of the extension argue that the new authorization will only be on the table, available for the president to use if Iran misbehaves. The intention is clearly to exercise “rigorous” congressional oversight to pressure Iran into responding aggressively to the violation of the spirit of JCPOA, leading to a tit for tat escalation that would put the overall agreement in jeopardy.
Particularly worrying to President Obama is the fact that the sanctions extension effort is being spearheaded by two Democratic Senators, Bob Menendez of New Jersey and Ben Cardin of Maryland. If two more Democratic Senators can be convinced to join them, it could mean a veto proof majority in the Senate of 67 votes. Six Democratic representatives, including Democratic National Committee head Debbie Wasserman-Schultz, have also written to Obama demanding sanctions against Iran. On a bill that came to a vote this week intended to restrict Obama’s ability to lift Iranian sanctions, the House voted 191-106 in favor along party lines with 137 abstentions, many of them Democrats, suggesting that support for the president on the issue is very soft.
The proposed Senate extension of sanctions is still somewhat speculative, while the House visa waiver bill will undoubtedly be difficult to enforce as intended, since many Muslims living in France and Britain were born in those countries and have never traveled to the areas where their families originated generations ago. The legislation is so transparently offensive and even illegal that many international friends normally accommodating to U.S. interests will speak up. Visa waiver countries offer reciprocity to visiting Americans, a practice that could easily be amended to pushback against U.S. policies. Indeed, David O’Sullivan, the European Union ambassador to the United States, is already warning that “some of these ideas are being rushed through without necessarily thinking out fully the consequences.”
Many European citizens with Muslim names will continue to be eligible for visa waivers but will inevitably come under suspicion every time they choose to travel to the United States. Their mistreatment by U.S. immigration authorities will no doubt be reported in the international media, but it is the punishing of Iran even when it is blameless that has, disgracefully, become reflexive action for many in the United States government. Worse still, Congress and the Israel Lobby will continue to be creative in adding to the indignities, doing their best to scupper the nuclear agreement even though it is clearly in everyone’s interest.
The latest threats from Washington will accomplish absolutely nothing constructive and will restore the tense state of no-war and no-peace between the U.S. and Iran. If pushed to its logical conclusion, the truculent meddling could very easily lead to a real war.
With relations between Washington and Moscow at a low ebb, can simply talking to Russians provide hope that there might still be room for cooperation?
I recently returned from spending a few days in Moscow, speaking at a conference hosted by RT International, Russia’s global television news service. One of the few major countries I have never visited, Russia proved to be quite a pleasant surprise. Moscow was modern, clean and far removed from its gray socialist roots, a very “European” city in every sense. As my wife and I were driven into the city from the airport, the road turned on a bend in the Moscow River and suddenly the Kremlin walls, surmounted by the golden domes of the churches within appeared bathed in late afternoon sunlight. It was a once in a lifetime vision combining place, time and context that can be unforgettable, like the first time one recalls Gibbon’s words while looking out over the Roman Forum.
Admittedly, we conference attendees were being entertained in VIP style, to include a fabulous gala dinner with entertainment provided by the Russian Army Chorus and an opera singer performing pieces from Borodin’s Polovtsian dancers. Mikhail Gorbachev and Paata Shevardnadze were in attendance and President Vladimir Putin was a surprise speaker. The sponsors worked hard to create a good impression for the speakers, who came from twelve countries, and in that they were eminently successful as their hospitality was exceptional.
Did we know we were being manipulated? Of course, but we were careful not to regurgitate propaganda. On my panel, “Information, Messages, Politics: the Shape-Shifting Powers of Today’s World,” Wikileaks founder Julian Assange spoke by video link from the Ecuadorean Embassy in London.
I argued that security and privacy could indeed coexist in most countries but that it would require governments to reign in the extralegal powers that they have accumulated over the past fifteen years in their respective “wars on terror” and the creation of a clearly defined set of rules for police intervention into one’s privacy. Namely, one must go back to the old practice in many countries requiring convincing a judge to issue a warrant or the equivalent to undertake a clearly defined limited action based on probable cause. And, I added, the judge should work in consultation with something like an ombudsman, a non-government adviser, whose sole responsibility would be to make the case for not violating someone’s civil liberties. I concluded pessimistically that I see no chance of any American president doing the right thing, noting that President Barack Obama had basically rejected reasonable corrections on surveillance proposed during the past year.
I should perhaps unnecessarily point out that no speaker at the conference was coached in any way to adhere to a line, while many of the enduring insights derived from the experience were obtained from mixing with the Russian people. That was relatively easy to do because, even though my Russian is elementary, Russians have for some time been learning English in their schools from the first grade on up and are, unlike Americans, very well informed on what is going on in the world.
In my previous life I encountered many Russians overseas and so was prepared to note yet again that they are by and large like what most Americans believe Americans to be—hard working, friendly and somewhat chatty. Like nearly everyone else on this planet, the talk of Russians turns quickly to their children, schools, where they live and what kind of lives they want to have. They are quick to produce photos of their pet dogs and cats. They are also increasingly religious, with the Russian Orthodox church playing a leading role in the state. Christmas lights were on display everywhere, churches destroyed by Stalin are being rebuilt and there was even a bustling Christmas Market in Red Square.
But there was also a dark side that kept surfacing. Both ordinary Russians and those who are journalists or teachers kept coming around to the same issue: why does the United States hate Russians so much and why does the American press seemingly have nothing good to say about them? They were questions I could not answer in any coherent way. I observed somewhat defensively that Russia under Vladimir Putin had become more authoritarian, that the media has lost much of its freedom and that the old Yeltsin style gross systematic corruption has reportedly been replaced by a newer, more subtle cronyism version of something similar. And I mentioned both Crimea and Ukraine as sometimes mishandled in the government’s undeniable agitprop while also conceding that the Russian case was legitimate on many levels. I expressed my own view that the crisis had been engineered by Washington in the first place, seeking to bring about regime change in Kiev. Concerning RT International itself, I mentioned to several of its spokesmen and reporters that its coverage was frequently unreliable on subjects that are close to home as it was skewed to adhere to the government line. They did not disagree with me.
But somehow none of the back and forth seemed to answer the question and in retrospect I don’t think I have a good response. President Vladimir Putin has numerous critics inside Russia but he remains wildly popular and is viewed as a genuine nationalist of the old school, meaning that for most citizens he is perceived as behaving in terms of Russia’s actual interests. That has made him an appealing figure on the world stage. A recent opinion poll in the United Kingdom revealed that four out of five Britons would vote for Putin rather than their own Prime Minister David Cameron if given the choice. I wonder how a similar poll would play out in the U.S. as the Obama Administration does little to inspire, believing as it does in globalism rather than nationalism. Nor does it admit to many genuine national interests in foreign policy instead choosing to encourage tokenism combined with a bizarre desire for constant agitation to create new democracies.
As for the negativity regarding Russia, to be sure there are many older Americans entrenched in the media and government as well as in the plentitude of think tanks who will always regard Russia as the enemy. And then there are the more cunning types who always need the threat of an enemy to keep their well-paid jobs in the government itself and also within the punditry, both of which rely on the health and well-being of the military-industrial-congressional complex. And there will always be reflexive jingoists like Senators John McCain and Lindsey Graham.
But all that hardly explains why there appears to be little understanding in the media and inside the Beltway that a good relationship with Russia is indispensable, and not only because Moscow has the power to incinerate the United States if it is ever backed into a corner and motivated to do so. Russia has proven to be a good partner in Syria where it negotiated and carried out Damascus’s elimination of its chemical weapons in early 2014. It is also the driving force behind current negotiations to end the conflict completely. It has consistently been a reliable ally against terrorism, in recognition of its own vulnerability to ISIS and other Islamic militants. What Russia’s elected leaders do inside their own country should be largely irrelevant to America’s interests, but somehow the cart has been put before the horse, a practice not uncommon in the U.S. media.
Other speakers at the conference were as dismayed as I was by the negativity towards Russia and also provided some additional insights into why Americans just don’t get it. One European speaker joked that U.S.A. could stand for United States of Amnesia in that developments elsewhere in the world are subjected to a superficial 24-hour news cycle before being completely forgotten. Professor Peter Kuznick of American University observed that students in the U.S. rank low on science and math scores, which makes the news, but the area in which their scores are actually lowest is history. He quizzed a class of top students on the Second World War and asked how many Americans died in the conflict. The response was 90,000, which is nearly 300,000 short of the true number. How many Russians? The answer was about 100,000, which is 27,900,000 short. Not knowing something about that number means not understanding what motivates Russia. Kuznick observed that roughly 3,000 Americans died on 9/11. To use the numbers of 9/11 as a basis for appreciating the impact of the Russian war deaths would require the U.S. to experience a 9/11 attack every day for the next 24 years.
But there maybe is hope. I returned to Washington to read a short New York Times article by Professor Jeffrey Sommers of the University of Wisconsin:
The Syrian crisis presents an opportunity for a real ‘reset’ with U.S.-Russia relations. Policy and opinion makers in both countries poorly understand each other… maintaining progress can only advance in a stable world, not through upending states from Egypt, Iraq, Libya to Syria, while hoping democracy follows… The architect of U.S. Cold War policy, George Kennan, warned at the end of his life, in 1998, that President Clinton’s policy of advancing NATO east risked war… It’s clear Putin never intended to seize Ukraine, or even the Donbass. Instead, Putin’s actions signaled that the status quo over NATO’s forward movement must change. The Donbass was his leverage. Putin is a tough nationalist, but rather than fueling the fire of Russian revanchism, Putin is actually the one carefully dousing those flames. Putin wants partnership with the West, but is not willing to be its supplicant… The United States and Russia will not reconcile their worldviews soon. Yet they can pursue common objectives in the Syrian-ISIS crisis that over time could expedite resolution of that challenge.
One does not have to love Mother Russia or Vladimir Putin to appreciate that it is in America’s interest to develop a cooperative relationship based on shared interests. Ukraine, which is every bit as corrupt as Russia if not more so, is not a vital U.S. interest while working with Russia is. The regime change in Ukraine, which was engineered by the United States, created the current crisis, not Putin. Putin several times asked for dialogue, asking only that Washington show some respect to Moscow, a reasonable plea. This year, he has stated very clearly that his country wants to work with the United States. It is an offer that should not and cannot be refused by anyone who genuinely cares for the United States of America and the American people.
The Wall Street Journal story revealing that the Barack Obama administration used the National Security Agency (NSA) to listen to phone calls made by the Israeli Prime Minister Benjamin Netanyahu and his aides is being spun in a number of different directions depending on one’s political proclivities. Sen. Rand Paul told Fox News that he was “appalled by it… you could see how it would stifle speech if you’re going to eavesdrop on congressmen and that it might stifle what they say or who they communicate with.”
But whom the congressmen speak to and regarding what is precisely the point, as they were elected to represent their constituents in the United States of America, not the Israeli government. Understanding that, the Obama White House was perfectly within its rights to move aggressively against Netanyahu. The snooping program itself was initiated with bipartisan support towards the end of Obama’s first term, when there were concerns that Netanyahu would order a unilateral attack on Iran that would drag the United States into an unwanted war. In early 2015 its focus shifted to Israeli interference in the U.S. government’s secret involvement in negotiations relating to a possible international agreement with Iran over its nuclear program. It was clear that the Israelis were obtaining classified information on the state of the negotiations and were leaking that information selectively to influence both Congress and supportive organizations within the U.S. regarded as part of the Israel lobby.
Obama was not eavesdropping on American legislators—he was working against a foreign country that was actively spying against the United States and using the information it obtained to interfere with U.S. policy formulation. That was more than sufficient reason to try to find out what Netanyahu was up to. The fact that he was talking to congressmen in an attempt to line them up against the White House is deplorable, but if the congressmen did not exchange classified information with the Israelis then their consciences should be more or less clear, if not completely untroubled.
How dare we spy on the head of a “friendly” government? Cries of outrage are coming from the usual sources—National Review, the Weekly Standard, and the Wall Street Journal—as this is America’s “greatest friend and closest ally” that we are talking about. Or is it? Israel spies on the United States more than any other ostensibly friendly government does. It has never hesitated to put its own interests first without concern for blowback against the American people. When it is caught out it lies: it did so in the 1954 Lavon Affair, when it would have blown up a U.S. government building; in 1967, when it tried to sink the USS Liberty; and yet again in 1987 to cover up the Jonathan Pollard spy case.
Nor is Israel shy about interfering in American politics. It openly supported Mitt Romney against Barack Obama in 2012. In 2009 Congresswoman Jane Harman was contacted by an Israeli intelligence “agent” and asked to attempt to influence a reduction of the espionage charges in the then ongoing trial of accused American Israel Public Affairs Committee (AIPAC) spies Steve Rosen and Keith Weissman. In return, Harman’s contact promised to support her bid to become chairman of the House Permanent Committee on Intelligence. The Israeli caller, who some suspect was leading Democratic Party donor Haim Saban himself, indicated that he would pressure House speaker Nancy Pelosi using threats to withhold political contributions if Harman were not given the position. Harman was later spoken of as a possible candidate to become Director of Central Intelligence and, without the FBI recordings of her phone conversations, which were made known to Pelosi, she might have obtained either position, or possibly both in succession. (Saban, who has claimed that “I’m a one-issue guy, and my issue is Israel,” is currently poised to become the Hillary Clinton campaign’s principal financial contributor.)
So Washington was tapping Netanyahu’s phones to determine what he was up to and who was leaking classified information. And when the phones were tapped, something interesting developed. A number of congressmen were identified speaking to the Israeli officials, who were apparently trying to find out what inducement it would take to obtain a vote against the White House on Iran. And, of course, there might have been more than that, with some congressmen possibly offering to give the Israelis a little encouragement or even help. As the details of the conversations and the names of the congressmen have been redacted in the transcript version that went to the White House, we might never know exactly what happened, but it should be observed that the provision of classified information to someone representing a foreign government is a clear violation of the Espionage Act of 1918. The NSA is not obligated to turn over information it obtains to the Justice Department for prosecution. Nevertheless, given the possibility that there were criminal violations impacting on national security, it would be very interesting to find out who said what to whom in the transcripts of the complete conversations retained by NSA.
Then there are the Jewish organizations that were evidently being briefed, coached, and organized by the Israeli Embassy to oppose the White House proposals. That would be a violation of the Foreign Agent Registration Act of 1938, which requires any organization offering to work on behalf of a foreign government to register. That means, among other indignities, revealing their sources of funding. As most pro-Israel organizations have 501(c)(3) educational foundation tax status, that might prove most embarrassing and provide yet another bit of evidence to substantiate criticisms of how the Israel lobby is organized and operates to the detriment of American interests.
The final question has to be: who leaked the story to the Wall Street Journal? The authors of the piece claim to have numerous present and former officials as sources, which may be true, suggesting that it is a White House leak, which authorized a number of employees to provide information anonymously or off-the-record to the paper. If that is so, the story might be intended to send a warning shot to some congressmen regarding phone conversations that would best be forgotten. Not coincidentally, Congress is currently preparing to begin work on a new series of sanctions intended to disrupt the final stages of the nuclear agreement with Iran. That the White House would play hardball in this fashion is sheer speculation, but there is a certain plausibility to it.
Nearly everyone claims to want to do something about ISIS, but nothing ever happens. In reality, the only powers directly affected by ISIS that are willing to fight are Iran and Syria, with a little help from Lebanon’s Hezbollah. Pessimistic intelligence assessments prepared for the Pentagon warn that there are multiple agendas being pursued by almost everyone else claiming to be involved in what has been misnamed a multinational coalition. Iraq, a frontline player in the conflict, has been hampered by a dysfunctional and corrupt military that just cannot make headway against the more resolute ISIS fighters, even with U.S. air support. Indeed, ISIS reportedly benefits from more than a sprinkling of renegade Sunni former officers from Saddam Hussein’s disbanded army.
Elsewhere, the duplicity is more openly on display. The Saudis would prefer to see ISIS in Syria rather than Bashar al-Assad, whom they regard as an Iranian proxy. They support ISIS secretly, while they are pretending not to, and have focused their military effort on bombing Yemen. Ditto for the Gulf States, most particularly Qatar, home of the United States Central Command. Jordan, nervous about its own internal security, reacted when its pilot was publicly burned to death but has since largely dropped out of the fight except as a venue for the failed U.S. effort to train “moderate” militants.
But Turkey and Israel take the prize for countries playing on both sides. Turkey planned and staged its shootdown of a Russian warplane to disrupt development of a genuine coalition against ISIS, preferring instead to press ahead with its war against the Kurds and Assad. The Turks have been allowing militants to cross their border from Syria with relatively little impediment, a point raised by Obama in recent discussions. More to the point, they have been exchanging weapons and cash for oil, which ISIS is pumping out of the fields that it has occupied in Syria and Iraq. Turkish President Erdogan’s son Bilal is behind the syndicate that exports and sells the oil, transactions that might well amount to hundreds of millions of dollars. An attempt to investigate Bilal in 2013 was derailed when his father intervened to fire all the prosecutors and policemen involved. Turkey will not be joining the fray against ISIS at any time soon.
And then there is Israel, which has made clear that it prefers terrorists to Assad. United Nations observers have for months been reporting its collaboration with militants across its border on the Golan Heights, to include some al-Qaeda affiliates and ISIS. It is also buying ISIS oil through Turkish intermediaries. Recent reports out of Iraq reveal that an Israeli colonel named Yusi Oulen Shahak, a reputed member of the elite Golani Brigade, was captured while embedded as an adviser with an ISIS tactical unit. Israel’s government has not commented on the claims, and its media is avoiding the story, but it just might be true given the convoluted politics of the region. In any event, the Turkish, Saudi, and Israeli predilection to pursue their own interests separately underlines the immensity of the problem for Washington, which knows exactly what is happening but is unable or unwilling to openly contradict or rein in its would-be allies.
After his confirmation hearing in 2013, CIA Director John Brennan and other senior managers explained that the Agency would be seeking to enhance its ability to spy using human agents. It was an admission that to a large extent the United States intelligence community had forgotten how to engage in what was once a core capability that had defined its clandestine services for nearly seventy years. Now the Pentagon, which always favored technical spying over its HUMINT efforts because human spies are both unpredictable and considerably prone to embarrassing incidents, is essentially saying the same thing. Everyone is trying to revive the old-time tradecraft in part because machines have failed to collect the right kind of intelligence at the times when it is needed.
Secretary of Defense Ash Carter testified before the House Armed Services Committee on December 1 that a new formation of special operations soldiers tasked, among other things, with “dramatically accelerating the collection of intelligence” would be fielded in Iraq. The unit would most likely be based in or near Irbil, a Kurdish region and therefore a safe destination for U.S. forces. It will likely work together with Kurdish militiamen though it will also be operating unilaterally without coordination with the Iraqi military intelligence services, considered to be both unreliable and possibly even subversive due to reported penetration by the Iranian Revolutionary Guards.
This development means that American soldiers will be actively engaged in combat operations in both Iraq and Syria without the consent of any national government. It raises some significant legal issues and perhaps even threatens the security of other U.S. troops that are advising the Iraqi Army, particularly if there is an incident in which civilians are killed.
The U.S. troops are not yet in place and even the numbers that will be involved are unclear, though Pentagon insiders guess that they will be in the low hundreds and may even be drawn from or replace some of the estimated 3,300 U.S. soldiers currently in Iraq.
An important distinction being drawn by the Pentagon is that the new soldiers will not be limited to advisory roles and will instead be allowed to actively engage the enemy. They are expected to conduct raids, free hostages and capture ISIS leaders in addition to collecting intelligence. It is to be presumed that rules of engagement they will be operating under would allow them to kill ISIS leaders if capture is not feasible, as was alleged to be the case with Osama bin Laden.
There have been reports that some of the 300 advisers sent to Iraq in June 2014, which was followed by an additional 50 special ops soldiers in December ordered to “advise, train and assist,” have already been exceeding their mandates by directly participating in fighting between local militiamen and ISIS. This has been denied by the Pentagon even though Kurdish officers have confirmed their presence with cell phone photos.
Other U.S. special forces units have been involved in separate raids on targets inside Syria, most notably an operation in October that freed 70 Iraqi prisoners and an earlier Delta Force raid in May that killed ISIS financier Abu Sayyaf. Operations of that type will likely serve as templates for future actions.
There is, of course, a question of whether the new deployment will involve anything beyond collecting battlefield intelligence, but the clear implication of the Carter comments is that the JSOC soldiers, who are trained in recruiting, training and running spies, will be doing just that in an effort to locate and engage ISIS cadres. Jeff Stein, a well-informed former military intelligence officer writing for Newsweek, believes that “American spies are going to be back in action in a big way against the Islamic State…”
Human agent spying, the second oldest profession if not the first, has oddly been eschewed by many in the federal intelligence community’s war against terrorist groups because of its alleged expense. In reality, the costs of HUMINT are far lower than technical collection, which requires a large initial outlay for development and construction of equipment combined with an expensive infrastructure to operate. Indeed, the cutback in the spy culture at CIA came about because running drones and surveillance satellites was taking so much out of the budget. It was part of a shift in priorities that also brought a rise in the power of Agency paramilitaries, recently supplanting the senior operations officer managers in the clandestine services division that supervises spies.
Traditional espionage was also looked down upon by elected and appointed government officials who, lacking any appreciation of intelligence sources and methods, demanded instant answers in the pressure cooker world of Washington policymaking. Recruiting a spy to penetrate ISIS or al-Qaeda requires lots of time, patience, and a large measure of genuine understanding of the potential target. It could take months or even years to seed in an agent and develop access to a terrorist group, while a satellite with a camera and microphone could be activated instantaneously.
Lost in the transition was the fact that the spy would collect information that a camera could not while he might well be in place and effective for a long time. Human agents, unlike machines, can also provide information on plans and intentions, actually permitting the frustrating of planned attacks. And they can do so in real time through sophisticated miniaturized electronic devices that link to communications satellites.
Follow the money: Once human spying ceases to be the first priority in the budget it also becomes increasingly ignored as the weapon of choice.
There were also practical reasons to abandon traditional clandestine practices. The terrorist enemy proved adept at using double agents, meaning that CIA case officers began to go to meetings armed, which was rarely the case before 2001. Armed officers gradually evolved into the Agency’s fielding of security protection teams that would guard the meeting, even in some cases picking up the agent, moving him to a debriefing site with a hood over his head, and dropping him off on a street later after a case officer had finished talking to him. It was hardly old fashioned spying and did not follow the cardinal rule for agent management, which was to build rapport so the source would be cooperating willingly or even enthusiastically. The old ways also suffered a major setback when in 2009 a Jordanian double agent blew himself up at Khost Base in Afghanistan, killing seven American employees of CIA.
But as terrorist targets become more savvy about how they are being spied upon by satellite they are able to exploit the vulnerabilities inherent in collecting by microphone and camera. Using phones to plant false leads exhausts resources and confuses those who are doing the targeting and tracking, making the whole process less effective. The consumers of intelligence within the U.S. government have unsurprisingly frequently expressed displeasure with the product resulting from all the tens of billions of dollars of investment in satellites and other technical gear.
So on balance a return to HUMINT is almost certainly a good thing, but it will take considerable time to develop as both the CIA and Pentagon will have to relearn old skills and then apply them to situations on the ground that are volatile to say the least. There will inevitably be a learning curve and the questions will certainly come from Congress and the White House as the process plays out. It is unclear whether government consumers will have the patience to persevere or will instead turn again to the deceptively reliable eye and ear in the sky technology.
Jonathan Pollard, the former United States navy intelligence analyst who pleaded guilty to spying for Israel, was released from prison on parole on November 20th upon completion of a 30-year prison term. Pollard, perhaps uniquely among convicted felons, left the federal penitentiary in North Carolina and traveled to New York City where an apartment in Manhattan and a job at an unidentified investment bank were awaiting him. He was united with his second wife Esther, an Israeli citizen whom he had met and married while incarcerated. By some accounts, Pollard likely has a million-dollar-plus nest egg waiting for him in a bank account somewhere outside the United States, representing his accumulated earnings dutifully deposited for him by the Israeli intelligence service Mossad to compensate him for his arrest and the time spent in prison. Pollard’s first wife Anne, who also did prison time, is currently suing the Israeli government for compensation for her own pain and suffering now that her former husband has been released.
Pollard is on parole and is required to wear an ankle bracelet that monitors his movements, designed to prevent his fleeing to Israel. He cannot leave the United States for five years even though he has been granted citizenship by the Knesset and has both a town square and a residential building in Jerusalem named after him. Prime Minister Benjamin Netanyahu has declared an unofficial holiday in his honor and there will no doubt be a victory parade, as he is regarded as a hero by most Israelis.
Pollard has according to some reports offered to renounce his U.S. citizenship. Two congressmen from New York, Jerrold Nadler and Eliot Engel, as well as the Israeli government of Prime Minister Netanyahu have called on President Obama to let Pollard immediately emigrate to Israel, but there is no indication that the Justice Department will agree. The Pentagon and intelligence community have reportedly voiced strong objections over the risk that Pollard continues to represent due to his alleged photographic memory and his ability to provide context to the documents that he stole.
As I have been following the Pollard case for a number of years, I carefully read many of the media reports on the parole and release from prison. Most were fairly offhand in their coverage, but a number focused on what they discerned to be the main points in the story: that Pollard was spying for an “ally,” that his sentence was alleged to be disproportionately harsh, that anti-Semitism might have played a part in that sentence, and that the information stolen related only to Israel’s enemies. In short, Pollard was a good man only working to help a beleaguered Israel by obtaining intelligence that was being held back by the United States government and who, when caught, was more severely punished than other comparable spies.
As much of the narrative being promoted by the mainstream media is completely false and even hypocritical, it is important to correct the record to demonstrate just exactly what Pollard was as well as what damage he did. Those who are calling for Pollard’s freeing from probation both in Israel and among Israel’s friends in the U.S. should look to the example of how Israel has itself treated Mordechai Vanunu, who revealed the existence of Israel’s nuclear arsenal in 1986. He was drugged and kidnapped, convicted in a secret trial, and spent 18 years in prison, 11 of which were in solitary confinement. Since his release in 2004, he has not been allowed to leave Israel or speak to journalists and has been re-arrested a number of times.
It is difficult to find a moral high ground when it comes to spying, but Pollard’s friends pretend that the espionage was carried out to help a small and vulnerable ally better defend itself. There is no evidence that Pollard ever thought in those terms himself, and the Pentagon investigation concluded that he was only motivated by money. He reportedly wanted to get rich and before he approached the Israelis he offered to sell his information to several other countries, including Pakistan and then-under-apartheid South Africa. After Pollard was caught, he pleaded guilty to one count of mishandling classified information and was sentenced to life imprisonment in 1987.
Over the years since Pollard was sentenced I have had the good fortune to speak to several former senior intelligence officials who were involved in doing the damage assessment of what the Israeli spy exposed. They were sworn to secrecy on the details of what actually occurred but were able to make some general comments. They agreed on several points, namely that Pollard was the most damaging spy bar none since the Rosenberg espionage ring betrayed U.S. nuclear secrets to the Soviets in the 1940s; that Pollard exposed entire intelligence collection and deterrent systems that had to be recreated or abandoned at a cost of billions of dollars; and that Pollard, who has never shown any genuine remorse for what he did, should never be released from prison.
When Pollard was awaiting sentencing his lawyers sought to influence presiding Judge Aubrey Robinson into agreeing to minimal jail time, claiming that the espionage was really only a misguided bid to aid a beleaguered friend and ally Israel. Pollard’s wife Anne also appealed directly to the Jewish community to support her and her husband, claiming on “60 Minutes” that “our moral obligation was as Jews.” Secretary of Defense Cap Weinberger responded to the pleas by submitting to the judge a letter, which is still classified, detailing precisely the immense damage that Pollard had done. After reviewing the letter, Judge Robinson refused to consider any mitigation and immediately sentenced Pollard to the maximum possible sentence.
In January 2014, M.E. “Spike” Bowman, who was at the time the liaison between the Departments of Defense and Justice and coordinator of the damage assessment, wrote an op-ed entitled “Don’t Trust This Spy” for the New York Times and also provided his assessment of Pollard in a paper presented at the March 7th 2014 National Summit to Reassess the US-Israel Special Relationship. Bowman confirmed the unique damage done by Pollard, observing that there has been no other American spy who provided “information of the quantity and quality that Mr. Pollard has.” To cope with the volume, the Israelis had to install high speed copiers in a safehouse apartment they used with Pollard and it is estimated that he stole 360 cubic feet of documents, enough to fill a room. And it was nearly all information that was beyond secret, meaning top secret and SCI or codeword, which is the most sensitive information that the United States government possesses. The Israelis were delighted and were able to request specific documents from a Defense Intelligence Agency catalog of available intelligence reports that had been given to them by another of their spies in the government, who has never been publicly identified but is generally believed to be a top-level official who served in both the Clinton and George W. Bush administrations. Pollard’s high-level clearance meant that he could get his Israeli Washington Embassy-based case officer Colonel Avi Sella, who was also running spy Ben-Ami Kadish at the Picatinny Arsenal in New Jersey, anything that he wanted.
For those who hint at anti-Semitism to make their claim that Pollard was treated with disproportionate rigor Bowman notes that it was not a normal espionage case. The conviction was under a special statute (18 US Code 194) that protects information related to “…nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack; war plans; communications intelligence or cryptographic information.” In other words, information that would make the United States vulnerable to attack by an enemy or would limit its ability to respond.
Pollard had provided intelligence to Israel relating to nearly every one of the key national security elements detailed in 18 USA Code 194 and, most particularly, had provided the Radio Signal Notations Manual, which contained details of how the United States collects signals intelligence as well as the known parameters of the systems used by the Soviet Union. The information would enable an adversary to avoid collection by American codebreakers and, if in the hands of a sophisticated adversary like the Soviets, would permit penetration of U.S. systems. Former CIA Director William Casey and others believed that the Israelis provided at least some of the stolen information to the Soviet Union in exchange for the expedited emigration of Russian Jews.
It should also be recognized that the focus on Pollard has obscured the duplicitous behavior by the Israeli government and its proxies in the U.S. I recall when I was in Turkey shortly after Pollard was arrested a delegation of the American Jewish Committee came through town and met with the Consul General and later the Ambassador, insisting that Pollard was some kind of nut and assuring all who would listen that Israel would never spy on the United States. That spin prevailed in much of the media and among the punditry, calling it a “rogue operation,” until Tel Aviv finally ‘fessed up in 1998. The fact is that the Pollard spy operation was approved at the highest levels of the Israeli government and to this day Tel Aviv has reneged on its agreement to return all of the material stolen to enable the Pentagon to do a complete damage assessment. And Israel continues to spy aggressively on the United States, ranking first among “friendly” countries in that category.
The shooting down of a Russian fighter plane by a Turkish F-16 is an extremely disturbing turn of events.
Turkey claims that the SU-24 aircraft had violated its airspace and had not responded to repeated warnings before the armed response took place. The Russians for their part claim that they were operating in Syrian airspace with the concurrence of the Damascus government. President Vladimir Putin appeared on Russian television shortly after the plane went down and was clearly furious, denouncing a “stab in the back by the terrorists’ accomplices” and warning that there would be “severe consequences.” Russian Foreign Minister Sergei Lavrov cancelled a planned Wednesday visit to talk with his counterpart in Ankara.
The shoot down will have repercussions. It will inevitably involve some kind of response from NATO while also rendering the creation of any grand alliance against ISIS much less likely.
Turkey has produced a map indicating where the violation of airspace allegedly took place. If the map is accurate, it was over a finger of land two miles wide that juts into Syria. The map and Turkish commentary relating to it suggest that the incursion occurred when the Russian plane crossed the border, but there is perhaps inevitably a problem with that account. A fighter traveling at even subsonic speed would have passed over the Turkish territory in roughly twelve seconds, which rather suggests that there would not have been time for any “repeated warnings.”
Then there is the problem with where the plane actually came down. Admittedly the aircraft would not necessarily plummet straight down to mark the spot where it was hit, but the remains appear to have wound up comfortably inside Syria. A video of the plane’s downing also seems to show it being hit and then going directly down.
There is also the question of who gave the order to fire—and why. The Turks have been complaining about Russian aircraft coming too close to the border and there has been inflammatory media coverage about alleged bombings of the ethnic Turkish Turkmen tribesmen who live in the area on the Syrian side. But given the political sensitivity of what is occurring along the Turkey-Syria border, one would have to suspect that any decision to take decisive action came from the top levels of the government in Ankara. American, British, French and Russian airplanes are all operating over northern Syria. None of those planes can be construed as being hostile to Turkey while the terrorist and rebel groups have no air forces. Why a relatively minor incursion, if it indeed took place, would warrant a shoot down has to be questioned unless it was actually a Turkish plan to engage a Russian plane as soon as it could be plausibly claimed that there had been a violation of airspace.
Why would the Turks do that? Because Russia is supporting Syrian President Bashar al-Assad, apparently with considerable success, and Turkey has been extremely persistent in their demands that he be removed. Al-Assad is seen by Turkey, rightly or wrongly, as a supporter of Kurdish militancy along the long and porous border with Turkey. This explains why Ankara has been lukewarm in its support of the campaign against ISIS, tacitly cooperating with the terrorist group, while at the same time focusing its own military effort against the Kurds, which it sees as an existential threat directed against the unity of the Turkish Republic.
Would Turkish President Recep Tayyip Erdogan do something so reckless? Only he knows for sure, but if his objective was to derail the creation of a unified front against terrorist and rebel groups in Syria and thereby weaken the regime in Damascus, he might just believe that the risk was worth the potential gain.
The horrific terrorist attacks in Paris last week quickly produced demands for stronger steps to be taken against Europe’s own domestic Islamic militants. At least some of the terrorists were indeed French citizens and the massacre of 129 innocent civilians will undoubtedly also generate new calls in the U.S. Congress to do something about the perception of a homegrown terrorist threat on this side of the Atlantic. Indeed, the U.S. is extremely vulnerable to attacks against targets that are not high profile and therefore relatively unprotected by security. Think of the havoc multiple gunmen could wreak in coordinated assaults on shopping malls, sporting events, schools, and theaters. And, unlike in France, the perpetrators would be able to procure their weapons locally and even legally, easing the logistical burden on staging an attack.
Whom to blame and what to do will undoubtedly become political footballs in the next several weeks, particularly among those aspiring to be elected president in 2016. Jeb Bush has already declared alarmingly that there is “an organized effort to destroy Western civilization.” Candidates will likely promote new laws to further limit some constitutional liberties in the United States including freedom of speech, oblivious to the fact that perfect security everywhere all the time is an impossible objective while fundamental freedoms once stolen from the American people will never be returned.
I recently attended a very interesting conference in Washington that considered how to analyze the problem that has been called “violent extremism” and questioned what should be done about it, if anything. Several expert panels quickly made clear that the label violent extremism is meaningless, an expression of convenience that actually serves to obscure the broad range of motives that can push someone to become part of a terrorist attack. Several speakers noted that the problem itself has clearly been exaggerated for political reasons, to create a wedge issue to attack the administration. Participants observed that of the thousands of mostly Muslim Americans who have sympathy for the fate of their coreligionists overseas and peruse what are too often loosely described as radical websites, few accept that violence is an appropriate response—and still fewer are willing to do something about it.
So law enforcement and intelligence agencies are actually dealing with a tiny subset within a small minority of the American population. I would add that this marked lack of genuine “homegrown” militants explains the frequency of arrests in terrorism cases where the accused have actually done nothing whatsoever and sometimes appear to have been motivated largely by the ubiquitous FBI informants that are often inserted into such investigations at an early stage. Most cases are consequently resolved with either a plea bargain or with a reduced charge relating to “material support” of terrorism.
Only one speaker believed that “something has to be done” about the violent extremism problem, and he was also the only participant coming at the issue from a government perspective. Most of the others suggested that there might be other ways to look at the phenomenon and agreed, based on a considerable body of research, that there is no identifiable process whereby one becomes a terrorist. Setting up programs based on the premise that that there is some kind of behavior model has been tried in Europe and has proven ineffective. The preferred hybrid programs generally combine police and intelligence agency surveillance of Muslim communities with social service type approaches to “help” those who presumably have been either coopted or “brainwashed,” but they often only generate well-deserved suspicion and unwillingness to cooperate unnecessarily with the authorities.
Where Countering Violent Extremism (CVE) programs stigmatize and alienate Muslim communities they actually succeed in increasing radicalization while simultaneously discrediting any legitimate government role in preventing a terrorist incident. In one of three current pilot CVE pilot programs in the city of Minneapolis, Somali children were reportedly considered to be “at risk” and were to be monitored both in and out of school to “help spot identity issues and disaffection.” Other programs are being tested in Boston and Los Angeles while the Department of Homeland Security has created an Office for Community Partnerships, a euphemism for CVE, to coordinate efforts.
There are no specific guidelines regarding what constitutes necessary training for a designated CVE lunch monitor or even how and when that individual would be empowered to report suspicious behavior to the FBI. The lack of any framework opens the door to profiling and other abuse. And one might also note that the programs that are currently de facto focused exclusively on Muslims have been deliberately established without any specific sectarian or ethnic bias. The federal government reportedly also considers some groups opposed to gun control, immigration, abortion, and taxes to be violent extremists and potentially subject to the same type of soft surveillance combined with attempts at social engineering.
One thing that was largely missing from the discussion was a sense of history, not particularly surprising given the age and background of most of the participants. I began my career in the CIA working against the largely European terrorist groups that were active in the 1970s and 1980s. To be sure, there were Middle Eastern groups like Abu Nidal also prominent at the time, but the best known and most lethal terrorists were Germans, Italians, and Irishmen. They were just as ruthless as anything we are seeing today and, interestingly enough, the same questions that are being raised currently regarding the radicalization of young Muslims were raised back then regarding middle class Europeans, with a similar lack of any kind of satisfactory explanation. This is largely due to the fact that no simple answer exists because the road to radicalization, as the panels noted, can be quite complicated. Any attempt to create a model can result in erroneous conclusions that inevitably lead to the simple expedient of increasing police and governmental powers.
The defeat of terrorist groups in the 1980s and 1990s should be the starting point for any discussion of potential domestic terrorism. That era tells us what works and what doesn’t. Heavy-handed military style approaches, employed initially by the British in Northern Ireland, do not succeed. Terrorist groups come in all shapes, colors, and sizes but at the end of the day they constitute political movements, seeking to replace what they see as an unlawful government with something that corresponds to their own sense of legitimacy. Identifying them as fanatics of one kind or another or as “mentally ill” obscures what they really represent—even if it is clearly useful from a propaganda point of view to energize public support for government initiatives.
Avoiding heavy-handed attempts to penetrate and control identifiable communities that the terrorists operate within has failed since the French tried it in Algeria. Relying on the existing courts and law enforcement does work because the justice system has an inherent legitimacy. Identifying terrorists as criminals and dealing with them as such openly and transparently through the criminal justice system provides a guarantee of at least a modicum of due process, particularly when honest efforts are also made to obtain the support and cooperation of the moderates in the local community. That is how the Red Brigades, Baader-Meinhof, ETA, and the IRA were eventually brought to heel. It also led to the dismantling of radical groups including the Weathermen in the United States as well as the Tupamaros and Dev Sol in South America.
Intelligence agencies have a legitimate role in collecting information to support the efforts of law enforcement. But where programs are set up to spy on a suspect community (as they have been most notably in Britain), such activity when exposed will turn cooperation into resistance. In fact, singling out Muslims or immigrants from a particular country either as victims or perpetrators is not a good idea. It labels those on the receiving end as being somehow involved with a poorly defined and nebulous “terror problem” even when they are not. In reality, Muslim-Americans are above average in income and education. They are regarded by most local communities where they have settled as all around good citizens. Law enforcement sources state that they have routinely cooperated with police to help identify members of their community that appear to be becoming radicalized.
So the question over whether domestic terrorism requires a heavy hand, a lighter but more social services oriented approach, or reliance on law enforcement should come down in support of the police and courts. Will there be more terrorist attacks inside the United States? Almost certainly yes, but the solution is to work hard within the limits of the law. We must identify and arrest genuine potential perpetrators while avoiding creating whole classes of alienated citizenry in the process. The criminal justice system is designed to do just that.
And it is important to remember that terrorist organizations come and go, historically speaking. Groups that employ the tactic of terrorism are not the new normal and are mostly creations of specific circumstances that rarely repeat. In the current case, the war against the Russians in Afghanistan followed by the U.S.-led “global war on terror” together triggered dislocation and security breakdowns in the Middle East and Asia. Most radical groups are essentially nihilistic in their core beliefs and they eventually fall out of fashion. Put some of them in jail while providing amnesties for the not-so-hard core and many of the so-called terrorists inevitably go off message and disappear.
Was a Christian non-governmental organization funded by the Pentagon used to smuggle spy equipment into North Korea? Investigative journalist Matthew Cole of the The Intercept has done yeoman’s work in ferreting out the details of what must surely be one of the most ill-conceived military intelligence operations of all time, and that is saying quite a lot. And Congress was reportedly fully briefed on it, though that has been denied by at least one member of the Intelligence Oversight Committee, who accuses the Pentagon of never pausing to consider the potential blowback that it might produce.
With apologies to Cole for any omissions or misunderstandings on my part, the story goes something like this: in 2004 the Pentagon, fired up by the need to “protect the country” post 9/11, was keen on muscling in on the CIA’s virtual monopoly on strategic intelligence collection. Lieutenant General William “Jerry” Boykin, former head of the counter-terrorist Delta Force and at that time deputy in the Pentagon’s office of the undersecretary of defense for intelligence, was tasked with improving collection for the military consumers in key crisis areas, including Iran and North Korea. He turned to the task of creating cover mechanisms to be used by his new corps of clandestine warriors.
Boykin, supported by his boss Stephen Cambone and also by Secretary of Defense Donald Rumsfeld, soon came up with a scheme to smuggle electronic monitoring equipment and other spyware into top priority target North Korea. In intelligence jargon, North Korea was (and still is) the ultimate “denied area,” a society and government difficult or even nearly impossible to penetrate because of strict population control and a high level of security. At that time the United States had no spies inside the secretive nuclear-armed country telling Washington what was going on. What little information was available on North Korea came primarily from surveillance satellites, from South Korea’s own spy services, and from the very limited intelligence that was being shared by China.
Boykin, who might reasonably be described as an extremely devout evangelical Christian, worked with another evangelical Christian acquaintance named Kay Hiramine to use an existing religious charity he ran called Humanitarian International Services Group (HISG). HISG was to be developed as a mechanism to create a so-called rat line enabling the smuggling of monitoring equipment into North Korea under cover of shipments of used clothing that the regime in Pyongyang was occasionally allowing to enter the country.
The HISG charity was funded by the Pentagon to the tune of an estimated $15 million during the course of the operation, all of which was channeled through three proprietary cover mechanisms. New Millennium Trust, run by a former Delta Force military lawyer, funneled money to an ostensible charity called Working Partners Foundation, run by a car dealer in Colorado who was paid $252,000 in 2006, which in turn passed the money on to HISG. A separate entity called Private Sector Consulting paid HISG salaries and provided other support. The cover mechanisms for funding were established to move the money and conceal the Department of Defense connection. Haramine, for his part, received a $281,351 salary from Private Sector Consulting.
Whether anything could in fact be smuggled into North Korea past the suspicious and watchful border security guards was questionable, but in a test run the HISG charity managed to successfully conceal a large number of bibles in a hidden compartment at the bottom of a shipping container topped up with used winter clothing, a highly prized commodity for starving and freezing North Koreans.
From that point the narrative gets a little bit fuzzy. Boykin retired from the Pentagon in 2007 but the program continued to run with one officer describing it as a “jobs program” for Boykin’s friends, most of whom appear to be, like him, evangelical Christians. It is reported that short wave radios and some electronic devices intended to monitor nuclear programs as well as interfere with North Korean military communications were indeed smuggled into the country by unwitting Christian missionaries, aid workers, and Chinese smugglers, but whether they provided any critical intelligence is unclear. The operation continued to run during the Obama administration, finally winding down in 2013. While it is certain that George W. Bush’s Secretary of Defense Donald Rumsfeld knew of and approved the operation, it is not known if either the Bush or Obama White Houses had explicit knowledge of it.
Some background on the usual restraints governing how the United States runs covert intelligence operations overseas is necessary. The charity involved in the Pentagon initiative is what is referred to as a non-governmental organization, or NGO. NGOs are not organized like businesses or corporations in that their primary objective is only peripherally linked to making money and their objectives vary considerably. The ones that are encountered overseas frequently have either charitable or educational functions.
NGOs are fair game for infiltration and cover by intelligence organizations, but their exploitation in that fashion is extremely uncommon. That is because it is impossible to control all the unwitting players in an NGO and any such operation would be susceptible to eventual exposure, with the damage derived from potential blowback far exceeding any possible gain.
The United States government does in fact impose a ban on recruiting certain categories of individuals as spies. Clergymen are off limits partly for ethical reasons but more because the exposure of such a relationship would be devastating both to the religious organization itself and to the United States government. Use of the U.S. taxpayer-funded Peace Corps is also banned because exploiting it would potentially turn its volunteers into targets for terrorists. Recruitment of journalists whose reporting potentially might appear in the U.S. media is also forbidden because the distribution of intelligence agency-produced stories could be construed as an attempt to covertly influence opinion and policies inside the United States. Ironically, the federal government officially opposes spy agency disinformation even though it does the same thing through the judicious leaking of information from the White House and Pentagon.
NGOs and individuals that operate as charities like Medecins sans Frontieres (Doctors without Borders), the victim of the recent bombing in Kunduz, Afghanistan, might in theory be exploited by an intelligence agency. But there is considerable risk of unfortunate consequences when doing so. One need only cite the case of the Pakistani doctor Shakil Afridi, who was recruited in 2011 as part of the CIA’s pursuit of Osama bin Laden. Afridi covered his search for bin Laden DNA by providing vaccinations against polio. After the story broke, polio eradication projects throughout south Asia foundered, leading to a resurgence in the disease and the injuring and killing by militants of numerous health care workers. Exploiting a humanitarian medical cover proved to be damaging to everyone involved, particularly as a risk-versus-gain analysis suggests that the information provided by Shakil Afridi did not in any way prove critical to the success of the operation to kill bin Laden. In 2014, the White House announced that U.S. intelligence would no longer exploit vaccination programs.
When the Pentagon sought to exploit a religious charity to infiltrate North Korea, all kinds of red flags should have gone up. But they did not because Boykin was relying on his personal relationships and his status as a former head of Delta Force to make the operation untouchable. Rep. Jan Schakowsky, who served on the Intelligence Committee at the time, insists that no one in Congress was briefed. She commented astutely on the downside to the operation, observing that “…to use unwitting aid workers on behalf of an intelligence operation, people who genuinely do humanitarian work, to turn their efforts into intel collection is unacceptable. Now we have people who have been hired to do some good work and become unwitting accomplices to an intelligence mission? They can face all kinds of retaliation. It is completely unacceptable.”
Intelligence officers and combat arms soldiers pride themselves on being able to “get the job done” in spite of all obstacles, which often blinds them to the consequences of their actions. Boykin, a product of that tradition—and driven by his own conceit that he needed to do what was necessary to “save” the United States—inevitably failed to recognize that the eventual exposure of the scheme would produce a reaction among foreigners who are already inclined to be suspicious of proselytizing Christians. Now it will be plausibly believed that Christian charities are actually hotbeds of American spies and the likely response will be commensurate with that perception. Using a Christian charity to spy puts at risk all the employees and volunteers linked to that specific organization while helping propagate the myth that any indigenous Christian is a potential traitor.
HISG and its three cover support mechanisms were all disbanded in 2013-14, but not because the Pentagon was concerned about the possible consequences of its actions. It seems that the operation had provided little useful intelligence, not a particularly surprising outcome: Using unwitting and unfocused humanitarian charity volunteers and employees to smuggle in spy gear was a non-starter right from the beginning and should never have been attempted.
I am waiting for a sheepish Pentagon or White House to proclaim that it will never again exploit religiously-affiliated groups as intelligence cover mechanisms. But unfortunately, all I am hearing is silence.
The media are reporting a rare “success” in Washington’s ongoing war against the Islamic State of Iraq and Syria. According to confidential, anonymous government sources, Joint Special Operations Command (JSOC) has been engaged in a secret program to assassinate designated “high-value targets,” which means terrorist leaders and other prominent figures, particularly those engaged in propaganda and enticing Western Muslims to join ISIS.
The program, which began in the spring, has reportedly killed four individuals, including ISIS number two Haji Mutazz. The operation employs “an array of satellites, sensors, drones and other technology,” according to the Associated Press, but it has benefited particularly from 24-hour NSA satellite coverage to pick up cellphone signals, a technique that has been used repeatedly in Afghanistan.
The program, which is distinct from the regular bombing attacks carried out by the Air Force and Navy, uses military drones to strike its targets. One of the sources for the AP story describes how the assassinations are keeping ISIS “off balance,” though the program is not seriously degrading the ability of ISIS to plan and execute new operations.
There are a number of problems both with the program itself and how it is being window-dressed. As the information is being provided by the Pentagon anonymously, its release is actually authorized, even though it is not subject to any independent verification. It is likely being described favorably to give the White House a much needed “victory” in the War on Terror.
In addition, revealing to the leadership of ISIS that it is being targeted through its phones will force it to figure out new ways to maintain contact with supporters, complicating future targeting. Revealing such information is referred to in the spy trade as exposing one’s sources and methods, the ultimate “thou shalt not” for any intelligence officer, which suggests that the whole story might be a deception to conceal what is really taking place.
Also, as military-directed drones in Afghanistan are notorious for causing collateral damage, it is not clear if civilians are being killed in the strikes and, if so, how many. Nor is the procedure for authorizing an attack in any way transparent. What constitutes evidence that a high-value target is actually near or using the phone being tracked? Is it now assumed that anyone fitting a profile residing in an area controlled by ISIS or al-Qaeda affiliate al-Nusra a legitimate target? What are the rules of engagement?
Finally, there are legal and moral questions relating to targeted assassination itself. The Israelis have employed it for years, but America’s allies in the war against ISIS consider it unacceptable. Targeted assassination of enemy leaders and other prominent figures was contrary to U.S. doctrine prior to the killing of Anwar al-Awlaki in 2011. Now it has become official policy, so much so that it is being heralded as a success.
The White House believes that killing the ISIS leadership is legal under the Authorization for Use of Military Force as it is a Salafist-type terrorist group. That may be true from a U.S. perspective, but endorsing a program of targeted killing opens the door for those being targeted to start reciprocating, aggressively going after coalition government leaders and other high-level officials.
As former House Speaker Dennis Hastert prepares to plead guilty in accordance with a deal he has made with federal prosecutors, most media will focus on the crimes the FBI mentioned in his indictment. Since Hastert was charged in May, the public has been shocked to learn that the former high-school wrestling coach allegedly spent large sums trying to cover up past sexual abuse. But one prominent whistleblower has been speaking up about the possible misdeeds of Hastert for years now—and the way that they may have compromised national security.
Longtime readers of The American Conservative are familiar with the Sibel Edmonds saga. Edmonds, an FBI translator who revealed large-scale corruption throughout the government, has received multiple gag orders under the State Secrets Act. She has nevertheless persevered in spite of concerns that she would be prosecuted and possibly imprisoned. TAC interviewed her for a feature article in 2009, and I also reviewed her claims multiple times over the last few years, including when her book Classified Woman came out in 2012.
Many of Edmonds’s claims involved Turkish and Israeli front groups seeking to influence U.S. policy while sometimes also engaging in illegal activity. The scope of the corruption allegedly involved bribery of senior government officials and congressmen, arranging for export licenses to countries that were embargoed, and the exposure of classified information. Edmonds has been questioned by a congressional committee, by individual congressmen and staffers, as well as by the FBI inspector general, and her information was found to be “credible,” “serious,” and “warrant[ing] a thorough and careful review.” She also provided interviews for “60 Minutes” and Vanity Fair, both of which were able to confirm key elements of her story.
Some critics have opined that Edmonds overstates or misinterprets what she claims to know, but there is no reason to doubt her veracity when she describes documents and investigative files that she personally handled during her time with the bureau. No one has challenged her accounts of the investigations that were underway at that time. She has been gagged by the Justice Department precisely because the information she revealed is damaging to certain political and purported national-security interests.
In the course of her various media appearances, Edmonds provided significant information on Congressman Hastert, who was under FBI investigation while he was speaker of the House, a role he assumed in 1999 and held for eight years. In her TAC interview, Edmonds related that “In early 1997, because of the information that the FBI was getting on the Turkish diplomatic community, the Justice Department had already started to investigate several Republican congressmen. The number-one congressman involved with the Turkish community, both in terms of providing information and doing favors, was Bob Livingston. Number-two after him was Dan Burton, and then he became number-one until Hastert became the speaker of the House. Bill Clinton’s attorney general, Janet Reno, was briefed on the investigations, and since they were Republicans, she authorized that they be continued… In 1999, [FBI agents in the Chicago field office] wiretapped the congressmen directly.”
In a deposition given in August 2009, Edmonds identified Hastert as “one of the primary U.S. persons involved in operations and activities that are not legal, and they’re not for the interest of the United States but for the interest of foreign governments and foreign entities.” She detailed what she believed to be Hastert’s wrongdoing: “This information has been public. The concerns, again would be several categories. The acceptance of large sums of bribery in forms of cash or laundered cash and laundering is to make it look legal for his campaigns, and also for his personal use, in order to do certain favors and call certain—call for certain actions, make certain things happen for foreign entities and foreign governments’ interests, Turkish government’s interest and Turkish business entities’ interests.”
When asked in the deposition, “Did you have reason to believe that Mr. Hastert, for example, killed one of the Armenian genocide resolutions in exchange for money from these Turkish organizations?” she responded, “Yes, I do… Correct… and not only taking money, but other activities, too, including being blackmailed for various reasons.” At the time of the deposition Hastert had left Congress and was working for the Washington lobbying firm Dickstein Shapiro as a registered lobbyist for Turkey, reportedly earning millions of dollars in commissions.
Edmonds described her work on Turkish-language transcripts of investigations relating to Hastert covering the period 1996 until January 2003, elaborating on the possibility of blackmail. She recalled that Hastert “used the townhouse [in Chicago] that was not his residence for certain not very morally accepted activities. Now, whether that was being used as blackmail I don’t know, but the fact that foreign entities [Turkey and Israel] knew about this, in fact, they sometimes participated in some of those not maybe morally well activities in that particular townhouse that was supposed to be an office, not a house, residence at certain hours, certain days, evenings of the week. So I can’t say if that was used as blackmail or not, but certain activities they would share. They were known.”
In testimony before congressional staffers and committees, Edmonds has reported hearing Turkish wiretap targets boast of their secret relationship with a “Hastert.” They discussed giving him tens of thousands of dollars in clandestine payments in exchange for political favors and information. Many of the transcripts involved a suspect at the city’s Turkish Consulate, as well as several members of the American-Turkish Council and the Assembly of Turkish American Associations, business entities that some FBI agents believed served as occasional covers for organized crime. Some calls appeared to be referring to drug shipments and other possible crimes.
One important contact was repeatedly referred to by Turkish callers under the nickname “Denny boy,” later identified as Hastert. The wiretaps revealed that tens of thousands of dollars were paid to Hastert’s campaign fund in small checks because donations of less than $200 need not be itemized in public filings.
Vanity Fair did its own due diligence in covering Edmonds’s claims, and the magazine’s David Rose wrote:
Hastert himself was never heard in the recordings, Edmonds told investigators, and it is possible that the claims of covert payments were hollow boasts. Nevertheless, an examination of Hastert’s federal filings shows that the level of un-itemized payments his campaigns received over many years was relatively high. Between April 1996 and December 2002, un-itemized personal donations to the Hastert for Congress Committee amounted to $483,000.
Edmonds noted that the phone taps contained repeated references to Hastert’s volte face in the fall of 2000 over the campaign to have Congress designate the killings of Armenians in Turkey between 1915 and 1923 a genocide. In August 2000, Speaker Hastert declared that he would support the resolution and send it to the full House for a vote. The resolution, vehemently opposed by the Turks, did indeed pass in the International Relations Committee by a large majority. Then, on October 19, shortly before a full House vote, Hastert withdrew it.
Hastert explained his switch as being based on a letter he had supposedly received from President Clinton arguing that the resolution, if passed, would be damaging to U.S. interests. It is not known if a payoff ever occurred but, per Edmonds, a senior official at the Turkish Consulate indicated in one recorded conversation that the price for convincing Hastert to withdraw the genocide resolution would be at least $500,000.
Fast forward to the Dennis Hastert case making the rounds today, which focuses on relatively minor federal banking laws and ignores the other evidence that has been collected by the FBI on Hastert for the past 20 years. One has to ask, “Why Hastert and why now?”, but there does not seem to be a simple answer. It might be little more than the result of frustrated FBI investigators demanding that some action be taken.
Edmonds, for her part, has described how the Hastert case has been ignored by the media and has predicted that it would eventually be made to go away by the government. Indeed, legal action following up on the original indictment has been delayed through postponement after postponement and more recently sidetracked into a plea bargain that will allow the former congressman to plead guilty to reduced charges while at the same time sealing forever the unsavory details linked to his being blackmailed.
Hastert and his lawyers understand that they are well placed to effectively threaten the government prosecutors because Hastert knows where a lot of bodies are buried, metaphorically speaking. By demanding that the investigative files on him—which could include reports of illegal activity by a broad range of former officials—be released as part of his defense, he can force the government to drop or mitigate the charges against him. It is a ploy similar to that used by alleged AIPAC spies Steven Rosen and Keith Weissman in 2009, which led to the presiding judge’s dismissal of the case.
Glenn Greenwald writes that “Those with political and financial clout are routinely allowed to break the law with no legal repercussions whatsoever. Often they need not even exploit their access to superior lawyers because they don’t see the inside of a courtroom in the first place—not even when they get caught in the most egregious criminality.” There is a particular irony here: criminals in high office may avoid punishment through their willingness to implicate their peers who are engaged in much the same practices, in effect blackmailing the government to leave them alone or face the consequences. That is what the Dennis Hastert story appears to be all about.
Since 9/11, numerous groups have launched aiming to make the neoconservative, interventionist approach the only acceptable foreign policy for candidates on the Right. The newest member of this club, the formerly little known John Hay Initiative, just had something of a coming out party in Washington, holding two high-profile events with GOP rising stars in the last few weeks.
Named after the secretary of state to Teddy “carry a big stick” Roosevelt, and consisting largely of the former Mitt Romney foreign policy team, the Initiative has been around since 2012. But it stepped into a more prominent place last month, when it held its first public event, a September 17 speech by Sen. Marco Rubio; on September 28, it hosted Speaker of the House aspirant Rep. Kevin McCarthy to explain his foreign policy views. The group, which does not have a website, has reportedly released a book entitled Choosing to Lead: American Foreign Policy for a Disordered World, though it has not yet appeared on Amazon.
The Initiative, which as an IRS 501(c)4 nonprofit is permitted to both lobby officials and conceal its donors, was founded and is still headed by Brian Hook, a former Romney adviser and a George W. Bush political appointee as assistant secretary of state. He is joined by Eliot Cohen and Eric Edelman, familiar hardliner figures also from the second Bush administration. Hook says that the group supports “American leadership abroad” and is concerned about “neo-isolationism in both parties. We want to be a resource to…those who are interested in conservative internationalism and promoting American leadership and ideals.”
With Mitt Romney himself on its advisory council, the Hay Initiative claims to have 200 experts on tap to provide commentary and “viewpoints” on global developments, who are themselves divided into 20 policy working groups focused on specific issues like Iran. The Initiative issues a weekly newsletter called “The Hay Bulletin” and prepares policy white papers. It claims to have advised half of the 17 candidates who were initially competing for the GOP nomination, which explains why so many of them sound the same when speaking about foreign policy. The list of current and former clients includes Rick Perry, Carly Fiorina, Chris Christie, Jeb Bush, Scott Walker, Marco Rubio, Ted Cruz, and Lindsey Graham.
Initiative “experts” reportedly wrote the foreign policy talking points used by candidates Chris Christie and Carly Fiorina in the second Republican debate. They undoubtedly scripted Carly’s astonishing menu for her first day in office in which she would immediately call Israeli Prime Minister Benjamin Netanyahu to pledge undying fealty, followed by a call to the Iranians to read them the riot act as a prelude to cutting off their money supply. She also pledged not to speak to Russian President Vladimir Putin as she has nothing she wants to say to him.
A number of Initiative-affiliated individuals have also made the logical transition to actually join the campaigns of several candidates, including Michael Chertoff and Michael Hayden, who are both advising Jeb Bush. They and others of a like mind would presumably step up to become the foreign policy team if a Republican is elected to the presidency in 2016.
The Hay Initiative is only the newest addition to the virtual alphabet soup of organizations that have shaped Republican foreign policy over the past decade. The American Enterprise Institute (AEI) regularly briefed the White House in the lead-up to the disastrous Iraq War. Since that time AEI’s resident scholars as well as their counterparts from the Center for Security Policy (CSP), the Institute for the Study of War (ISW), the Project for the New American Century (PNAC), the Foreign Policy Initiative (FPI), Foundation for the Defense of Democracies (FDD), the Hudson Institute, the Jewish Institute for National Security Affairs (JINSA), and Washington Institute for Near East Policy (WINEP) have been regular fixtures on talk radio and television, as well as in front of Congressional committees. They all produce their own newsletters and position papers but are also supported from outside by the battery of publications that regularly promote neoconservative views, including The Weekly Standard, Commentary, and National Review, as well as Rupert Murdoch properties such as The Wall Street Journal.
The various foundations and institutes compete for the same pool of dollars—and have experienced some internal conflicts over message and timing—but they are all essentially united in their belief that the United States must project “strength” in promoting democracy (and, peripherally, free markets). As a general rule, these organizations have enthusiastically supported bombing Serbia, invading Iraq, continuing the U.S. presence in Afghanistan, attacking Iran, changing the regime in Libya, overthrowing Bashar al-Assad in Syria, increasing U.S. strikes against ISIS, supporting Georgia and Ukraine in their conflicts with Russia, and pushing back against Chinese expansion in Asia. And defending perceived Israeli interests is always part of their agenda.
These groups have also been generally uncritical of abuses like torture, renditions, and secret prisons, while supporting legislation frequently criticized by civil libertarians, including the Patriot and Military Commissions acts and the various iterations of the Authorization to Use Military Force. This muscular foreign policy inevitably comes with a costly price tag—and unsurprisingly much of the funding for neoconservative foreign policy groups comes from defense contractors and pro-Israel sources.
As every candidate is listening to the same tune sung by the same choir—and has virtually the same Hay Initiative-provided enemies list of bad guys and rogue states—the only disagreement evident in most GOP debates is who to attack first: Iran or Russia. Carly Fiorina breaks the mold by appearing to want to go after both of them simultaneously.
One critic of the Hay Initiative describes the organization and its associates as constituting a GOP Walmart for foreign policy, noting with particular irony how the “experts” have experienced no career damage from having been completely wrong on every significant foreign policy development during the past 15 years. And their shaping of the Romney campaign from a foreign policy perspective might best be described as incoherent. Of course, the Hay Initiative folks would argue that if Washington had doubled down instead of retreating from its leadership role, everything would be coming up roses.
The solution is to expose the putative candidates to some alternative opinions—but that might be asking too much. Do any of the GOP aspirants read The American Conservative or peruse any of the established outlets that offer constructive and fact-based commentary on global issues? I know that some of their campaign staffers do so, but have to be skeptical whether any of it permeates up to the top level.
I suspect the candidates are resistant to changing course because they do not want to be perceived as altering their message. Thus, the insertion of John Hay Initiative experts into their campaigns at a relatively early point may stifle consideration of any contrary points of view. But I also have to wonder if, within their own hearts, any of the GOP stalwarts are insightful enough to realize that they are being fed a load of hokum by their handlers. As with any number of issues, it would be very interesting to learn what leading politicians actually think about foreign policy when they are not performing on stage.
Back in the days when I was a spy there were certain things that one just did not dwell upon. Everyone who worked in the field knew that there were episodes that it would be best not to recall, either because they were embarrassing, possibly unsavory, or even, more rarely, wildly successful though at a price that one would not be willing to pay a second time around. With that kind of baggage, the expectation was that a retired officer would be best advised to live quietly on a couple acres in the Blue Ridge Mountains and take up landscape painting or breeding Labradors and not think about or try to explain the past.
But that was then, and today the new breed of intelligence officers apparently prefers to flaunt the naughty things that it has been up to. I am somewhat ashamed to admit that I have read the latest exculpatory effort by a gaggle of retired senior CIA officers seeking to justify torturing people. It is called Rebuttal: The CIA Responds to the Senate Intelligence Committee’s Study of Its Detention and Interrogation Programs. Indeed, I read the entire thing, no insignificant achievement, even though much of the text appears to be untouched by a competent editor. If there was one, he or she must have given up in despair at the relentless government-speak prose.
The CIA rebuttal narrative goes something like this: the Senate report on torture was written by Democrats who were out to get the Agency and is therefore little more than a partisan hatchet job that targeted some senior officers. The book includes multiple assertions that the senators and their staffers willfully ignored things like “context,” which means that everyone was terrified that a bunch of bearded guys in caves were about to overthrow our Republic, justifying extreme measures.
And those Democrats, who ought to have known better, refused to accept that torturing people produced valuable information that saved “hundreds and even thousands of lives,” even arguing instead, perversely, that the sought-after intelligence was or could have been obtained without the physical coercion. Per the authors’ rebuttal that’s because information is like money—you can never have too much of it, an argument they label “corroboration.” Also, according to the authors, all of the CIA’s conduct was completely legal (even when someone was getting banged around before being hung from a wall and forced to listen to nonstop Michael Jackson tapes) because of authorization provided by Justice Department and White House lawyers, all of whom were indisputably men of great honor who would not lie or conform to political pressure under any circumstances.
The book is full of inflammatory yet oddly homily-like advice on how to keep America safe. George Tenet sets the stage by asserting that in 2001 “the world was in great danger.” Porter Goss explains, “What ‘must never happen again’ is that we fail to understand that weakness – real or perceived – is a magnet that attracts ‘evildoers.’ ‘What must never happen again’ is for the United States of America to relinquish its leadership as the greatest force for good in the world…” Or “no one could really claim to be following a moral path if they were complicit in the death of hundreds or thousands more Americans through failure to get information that these detainees had,” in the words of John McLaughlin, career Agency analyst.
The seven men who contributed to the book (George Tenet, Michael Hayden, Porter Goss, John McLaughlin, Michael Morell, Jose Rodriguez, John Rizzo, and Philip Mudd) are, with the exception of Mudd, quite likely guilty of war crimes, so it is completely understandable that they would want to either set the record straight or redirect the narrative, depending on how one views their actions. They also plead their case without benefit of providing any actual evidence to support it, presumably because the exculpating details are either still classified or do not actually exist. Most readers would undoubtedly accept that torturing people as an interrogation technique sometimes produces information that would otherwise be withheld, but I searched in vain for a “ticking bomb” scenario where “enhanced” methods produced intelligence that actually prevented an imminent terrorist attack.
I also tried to find proof that the book’s contributors saved the claimed thousands of lives, but all I came up with were generic assurances based on “what if” terrorist plots, suggesting to the completely gullible that if the CIA had not been torturing terrible things might have happened somewhere and at some time. The rebuttal also did not address directly any of the scores of fully documented cases of incompetence and egregious brutality that are recorded in the Senate Intelligence Committee report.
There are also a number of out-and-out lies that undercut the credibility of the book, including the repeated suggestion that CIA was working flat out on the terrorism problem before 9/11. In his earlier self-promoting book The Great War of Our Time Morell asserts that a “brilliant” George Tenet foresaw the growth of international terrorism and was “focused on it, laser-like” prior to the al-Qaeda attack. In fact, the record shows that Tenet did little or nothing even after the heads-up afforded by the first World Trade Center attack and the Embassy bombings in Africa. Morell, it should be noted, was serially promoted by Tenet and many insiders view him as George’s go-to boy.
One element I find particularly disturbing is the actual backgrounds of the officers who are pleading their case. Most were career desk jockeys, far removed from the dirty work involved in “enhancing” interrogations, but who were willing to order others to carry out something that they had to know was both morally wrong and contrary to legally binding treaties entered into by the United States regarding the treatment of prisoners and torture. One of the contributors, Jose Rodriguez, destroyed the video tapes made of the interrogations, ostensibly based on the completely implausible argument that he was doing so to protect the identities of those carrying out the torture. Someone should explain to Rodriguez that the cameras were aimed at the poor slob who was being maimed, not at the guy doing it, but of course Jose was actually destroying the hard evidence of a war crime, protecting himself and others at CIA.
It is also interesting to note some of the evidence for malfeasance that the authors chose not to address. In 2004, the Agency’s own inspector general John Helgerson produced a Top Secret report that concluded that there had been a failure in leadership at CIA relating to nearly every aspect of the enhanced interrogation program. He reported that it was difficult to determine when and if certain techniques (i.e. torture) actually resulted in information that might not have been produced otherwise, that the procedures used themselves were more brutal than what was authorized in Department of Justice legal guidelines, that the program was poorly administered, and that some prisoners were tortured when there was no good reason to do so in terms of the information that they might have had access to.
As both George Tenet, his deputies John McLaughlin, Jose Rodriguez, and Mike Morell, as well as the current Director of Central Intelligence John Brennan, were part and parcel of the process approving and implementing the enhanced interrogation procedures, one would have to believe that they have a lot to answer for. But instead of accountability we now have a book sugarcoating how and why the United States chose the dark side, a book written in expectation that a considerable hunk of the public will continue to believe that torture not only works but also that it is perfectly acceptable when a nation is “under stress” as it was after 9/11. And both the public and the authors would prefer not to consider that opening the door to torture as official policy provides justification for America’s actual enemies to do the same when they capture a U.S. citizen.
Rebuttal comes on top of mildly expiatory earlier books by Tenet, Rodriguez, Morell, and Rizzo. One might note in passing that abandoning the rule of law either due to expediency or out of fear of subversive plots is not exactly a new trick. Adolph Hitler used it in 1933 after the Reichstag fire to pass his emergency “Decree for the Protection of the German People,” which suspended the Weimar constitution. We, of course, have the Patriot and Military Commissions Acts as well as the Authorization to Use Military Force and a new Pentagon manual that defines journalists as potential “unprivileged belligerents” subject to killing on or near a battlefield. And it is all backed up by a White House that secretly enjoys having the authority to act unilaterally whenever long-suffering humanity needs to be “protected.”
One might well ask whether publishing an ostensibly serious book justifying torture could even happen anywhere but in the United States. The contributors are all retired now with generous pensions and lucrative second career positions in the National Security industry. But regrettably their legacy endures. Outright lying and plausible dissimulating continue to be the name of the game in Washington.
Recent media reports reveal that 52 intelligence analysts working out of the U.S. military’s Central Command and Defense Intelligence Agency have filed a formal complaint with the Pentagon inspector general claiming that reports on the war against ISIS have been routinely altered by senior officials to make them more optimistic. They describe their work environment as “Stalinist” and if what they allege is true, it confirms that even the White House doesn’t know what the Defense Department is actually doing in Syria.
Kudos to the analysts, but some earlier dissidents on the issue were forced to resign, and they will all certainly be punished for speaking out. And I have to believe that Tenet, Goss, McLaughlin, Morell, and Rodriguez will not think well of them for breaking the code of omerta that all too often prevails in intelligence circles.
On April 29th, 2008 I had a Saul on the Road to Damascus moment. I had flipped open the Washington Post and there, on the front page, was a color photo of a two year old Iraqi boy named Ali Hussein being pulled from the rubble of a house that had been destroyed by American missiles. The little boy was wearing shorts and a t-shirt and had on his feet flip-flops. His head was hanging back at an angle that told the viewer immediately that he was dead.
Four days later on May 3rd a letter by a Dunn Loring Virginia woman named Valerie Murphy was printed by the Post. Murphy complained that the Iraqi child victim photo should not have been run in the paper because it would “stir up opposition to the war and feed anti-US sentiment.” I suppose the newspaper thought it was being impartial in printing the woman’s letter, though I couldn’t help but remember that the neocon-dominated Post had generally been unwilling to cover anything antiwar, even ignoring a gathering of 300,000 protesters in Washington in 2005. Rereading the woman’s complaint and also a comment on a website suggesting that the photo of the dead little boy had been staged, I thought to myself, “What kind of monsters have we become.” And in truth we had become monsters. Bipartisan monsters wrapped in the American flag. Bill Clinton’s Secretary of State Madeleine Albright once said that killing 500,000 Iraqi children through sanctions was “worth it.” She is now a respected elder statesman close to the Hillary Clinton campaign.
I had another epiphany last week when I saw the photo of the little Syrian boy Aylan Kurdi washed up on a Turkish beach like a bit of flotsam. He was wearing a red t-shirt and black sneakers. I thought to myself that many Americans will shake their heads when looking at the photo before moving on, more concerned about Stephen Colbert’s debut on the Late Show and the start of the NFL season.
The little boy is one of hundreds of thousands of refugees trying to get to Europe. The world media is following the crisis by focusing primarily on the inability of unprepared local governments to deal with the numbers of migrants, asking why someone somewhere can’t just “do something.” This means that somehow, as a result, the vast human tragedy has been reduced to a statistic and, inevitably, a political football.
Overwhelmed by thousands of would-be travelers, Hungary suspended train service heading towards Western Europe while countries like Serbia and Macedonia deployed their military and police along their borders in a failed attempt to completely block refugees. Italy and Greece have been overwhelmed by migrants arriving by sea. Germany, to its credit, is intending to process up to 800,000 refugee and asylum applications, mostly from Syria, while Austria and Sweden have also indicated their willingness to accept many more. Immediate neighbors of the zone of conflict, notably Turkey, Lebanon and Jordan are hosting more than three million of those who are displaced, but the wealthy Arab Gulf countries and Saudi Arabia have done little or nothing to help.
Demands for a European unified strategy to deal with the problem are growing, to include sealing borders and declaring the seas off of preferred departure points in North Africa and Asia to be military zones where undocumented ships and travelers will be intercepted and turned back. One also has to suspect that the refugee crisis might be exploited by some European politicians to justify NATO “humanitarian” intervention of some sort in Syria, a move that would have to be supported by Washington. But while the bickering and maneuvering goes on, the death toll mounts. The recent discovery of 71 dead would-be migrants who suffocated in the back of a locked truck found in Austria, to include five children and a toddler, horrified the world. And that was before the dead three year old on the Turkish beach.
Many of the would-be migrants are young men looking for work in Europe, a traditional enterprise, but most of the new arrivals are families escaping the horrors of war in Syria, Iraq, Afghanistan, and Yemen. Their plight has been described in the media in graphic terms, families arriving with nothing and expecting nothing, fleeing even worse conditions back at home.
The United States has taken in only a small number of the refugees and a usually voluble White House has been uncharacteristically quiet about the problem, possibly realizing that allowing in a lot of displaced foreigners at a time when there is an increasingly heated debate over immigration policy in general just might not be a good move, politically speaking. But it should perhaps be paying some attention to what caused the problem in the first place, a bit of introspection that is largely lacking both from the mainstream media and from politicians.
Indeed, I would assign to Washington most of the blame for what is happening right now. Since folks inside the beltway are particularly given to making judgements based on numerical data they might be interested in the toll exacted through America’s global war on terror. By one not unreasonable estimate, as many as four million Muslims have died or been killed as a result of the ongoing conflicts that Washington has either initiated or been party to since 2001.
There are, in addition, millions of displaced persons who have lost their homes and livelihoods, many of whom are among the human wave currently engulfing Europe. There are currently an estimated 2,590,000 refugees who have fled their homes from Afghanistan, 370,000 from Iraq, 3,880,000 million from Syria, and 1,100,000 from Somalia. The United Nations Refugee Agency is expecting at least 130,000 refugees from Yemen as fighting in that country accelerates. Between 600,000 and one million Libyans are living precariously in neighboring Tunisia.
The number of internally displaced within each country is roughly double the number of those who have actually fled and are seeking to resettle outside their homelands. Many of the latter have wound up in temporary camps run by the United Nations while others are paying criminals to transport them into Europe.
Significantly, the countries that have generated most of the refugees are all places where the United States has invaded, overthrown governments, supported insurgencies, or intervened in a civil war. The invasion of Iraq created a power vacuum that has empowered terrorism in the Arab heartland. Supporting rebels in Syria has piled Pelion on Ossa. Afghanistan continues to bleed 14 years after the United States arrived and decided to create a democracy. Libya, which was relatively stable when the U.S. and its allies intervened, is now in chaos, with its disorder spilling over into sub-Saharan Africa.
Everywhere people are fleeing the violence, which, among other benefits, has virtually obliterated the ancient Christian presence in the Middle East. Though I recognize that the refugee problem cannot be completely blamed on only one party, many of those millions would be alive and the refugees would for the most part be in their homes if it had not been for the catastrophic interventionist policies pursued by both Democratic and Republican administrations in the United States.
It is perhaps past time for Washington to begin to become accountable for what it does. The millions of people living rough or in tents, if they are lucky, need help and it is not satisfactory for the White House to continue with its silence, a posture that suggests that the refugees are somehow somebody else’s problem. They are, in fact, our problem. A modicum of honesty from President Barack Obama would be appreciated, perhaps an admission that things have not exactly worked out as planned by his administration and that of his predecessor. And money is needed. Washington throws billions of dollars to fight wars it doesn’t have to fight and to prop up feckless allies worldwide. For a change it might be refreshing to see tax money doing some good, working with the most affected states in the Middle East and Europe to resettle the homeless and making an honest effort to come to negotiated settlements to end the fighting in Syria and Yemen, both of which can only have unspeakably bad outcomes if they continue on their current trajectories.
Ironically, American hawks are exploiting the photo of the dead Syrian boy to blame the Europeans for the humanitarian crisis while also demanding an all-out effort to depose Bashar al-Assad. Last Friday’s Washington Post had a lead editorial headlined “Europe’s Abdication,” and also featured a Michael Gerson op-ed urging immediate regime change in Syria, blaming the crisis solely on Damascus. The editorial railed against European “racists” regarding the refugee plight. And it is not clear how Gerson, an evangelical neoconservative former speech writer for George W. Bush, can possibly believe that permitting Syria to fall to ISIS would benefit anyone.
We Americans are in something approaching complete denial about how truly horrible our nation’s recent impact on the rest of the world has been. We are universally hated, even by those who have their hands out to receive their Danegeld, and the world is undoubtedly shaking its head as it listens to the bile coming out of the mouths of our presidential candidates. Shakespeare observed that the “evil that men do lives after them,” but he had no experience of the United States. We choose to dissimulate regarding the bad choices we make followed up with lies to justify and mitigate our crimes. And still later the evil we do disappears down the memory hole. Literally.
In writing this piece I looked up Ali Hussein, the little Iraqi boy who was killed by the American bomb. He has been “disappeared” from Google, as well has the photo, presumably because his death did not meet community standards. He has likewise been eliminated from the Washington Post archive. The experience of Winston Smith in George Orwell’s 1984 immediately came to mind.
The United States’s engagement in the Middle East since 2001 would be a comedy of errors but for the fact that it is not funny. It all began with the exploitation of a befuddled President George W. Bush by a group of neoconservative advisers who had long planned to invade Iraq and oust its President Saddam Hussein using phony arguments about Baghdad being a nest of terrorists and a repository of weapons of mass destruction. The bungled occupation was followed by a prolonged case of democracy building that essentially destroyed Iraq as a nation and eventually led to a sectarian government closely tied to neighboring Iran that had the temerity to ask U.S. forces to leave at the end of 2011.
Overall, George Bush’s adventure has rightly been described as the worst foreign policy disaster in the history of the United States, killing approximately 4,500 Americans and some hundreds of thousands of Iraqis while costing the U.S. taxpayer at least $5 trillion. And that judgment does not even consider how the U.S. intervention led to the entry of al-Qaeda into the country as a result of the power vacuum created. Al-Qaeda was followed by the birth of ISIS in neighboring Syria, a development that soon metastasized and expanded back into Iraq. Neither Iraq nor Syria harbored any terrorists before 2001, but they certainly have plenty of them right now, and quite a few of them are using American-made weapons captured without a fight from the U.S.-trained Iraqi Army.
The United States has also given open and covert support to rebel groups operating in Syria in the insane belief that overthrowing President Bashar al-Assad would lead to the creation of a new democracy. Just like in Libya, apparently. Even though almost everyone agrees that the “moderate rebel” is difficult to define in practice and has been sighted less frequently than the unicorn, Washington went ahead with a $500 million dollar program for the CIA and Pentagon to train a strike force of such creatures to turn loose in Syria. The hugely expensive effort trained a paltry 60 rebels, who returned home only to be quickly defeated by their more militant peers. Some were killed and others captured, so they were unceremoniously disbanded. Back to square one.
All of this seems to have benefited ISIS, which has an excellent grasp of social networking as well as a propaganda arm able to depict the group as the Islamic bulwark against the West and its values while also opposing the corrupt Muslim regimes that have betrayed both Allah and the faithful.
From the start, Turkey, which nominally opposes radical rebel groups like ISIS and Jabhat al-Nusra, has been curiously absent from the fray, instead arguing that the major effort should be focused on defeating al-Assad. Indeed, when I was in Istanbul last July bearded rebels were observed in the more fundamentalist neighborhoods collecting money for ISIS without any interference from the numerous and highly visible Turkish police and intelligence services. Turkey has also been surreptitiously buying as much as $3 million worth of smuggled oil from ISIS every day, virtually funding the group’s activities. Ankara has allowed ISIS militants to freely cross over the Syrian border into Turkey for what might be described as R&R (rest and recreation) as well as medical care and training. Weapons have been flowing in the opposite direction, cash and carry, some provided by the Turkish intelligence service MIT.
Given the plate of pottage that now exists in the Arab Middle East, Washington was understandably delighted when Turkey on July 23rd announced that bygones should be bygones and that henceforth it would play a more active role against ISIS. Or at least that’s what Ankara seemed to be saying. U.S. warplanes would be able to use the NATO air base at Inçirlik to bomb ISIS positions, a much shorter flight than from the facilities hitherto used in the Persian Gulf, though the move did not solve the real problem, which is that there are no forward observers on the ground to direct the bombs and missiles, which has meant that many planes return with their bomb loads intact.
But the euphoria in Washington must have been short lived as Turkey quickly demonstrated that its use of the United States as a partner in an offensive against terrorists could be considered window dressing or possibly even cover for quite different activity, as ISIS was not the enemy that Ankara had in mind.
Some understanding of what was going on in Turkish politics leading up to the shift to an ostensibly more aggressive role is essential. Turkey had held a parliamentary election on June 5th in which the ruling Justice and Development Party (AKP) failed to obtain a majority. Worse still, the Peoples’ Democratic Party (HDP), which is largely Kurdish, broke through the 10 percent barrier required to obtain parliamentary seats with more than 13 percent of the vote, much of it consisting of former AKP seats, making it a potential swing party in forming a new government.
President Recep Tayyip Erdogan, whose autocratic and increasingly Islamist style was the likely cause for the electoral shift, has been de facto running Turkey while Prime Minister Ahmet Davutoglu has been attempting unsuccessfully to find a coalition partner for a new government. Erdogan has been openly maneuvering for new elections by refusing to make any concessions to potential coalition partners and has attempted to create a political situation perceived to be favorable to the AKP, a tactic that has been described by an opposition leader as a “civilian coup.” November 1st has been proposed as a possible date, but it must be confirmed by the Elections Board. Erdogan had a personal stake in again going to the polls as he has been seeking to have his position as president upgraded with significant new powers, something that will require a substantial majority in parliament to amend the constitution.
The Turkish government of Erdogan has over the past several years been preoccupied with finding both internal and external enemies to justify its increasingly megalomaniacal heavy hand. This effort has largely been focused on the near-mythical foe Fethullah Gülen, who resides in Pennsylvania and who allegedly heads a somewhat cult-like organization called Hizmet (the Service). Gulen, who is a religious conservative, once was a political ally of Erdogan but the two eventually became bitter enemies. Erdogan while Prime Minister accused Gulen of setting up a secret government that was “terroristic” in nature and proceeded to initiate a number of purges of the military, police, judiciary, universities, and the media to destroy it. Nevertheless, the most recent election demonstrated that AKP for all its fear mongering was beginning to lose control and something had to be done to create a more compelling threat narrative. Enter the Kurds.
For three decades Turkey has been at war on-and-off with the Kurds, some of whom seek more autonomy within Turkey, while others favor the creation of an independent Kurdish state incorporating parts of Syria, Iraq, Iran and Turkey. By some estimates 18 percent of the population of Turkey is of Kurdish origin, concentrated in the rural southeast, making it the country’s largest minority. Kurdish identity has itself been suppressed through the Turkish assertion that Kurds are actually “mountain Turks.” Kurdish language and cultural manifestations have long been illegal in Turkey, though there has been some temporary loosening of those strictures in recent years under pressure from the European Union.
For many Turks Kurds are the existential enemy. A Kurdish state would lead to the dismemberment of the Turkish state and Syria has become the object of Turkish wrath in part due to concerns that al-Assad would unleash Kurdish terrorism along his 600 mile long and largely indefensible border with Turkey. Even though Turkey has had a mainly effective cease fire with the most powerful Kurdish armed dissident group the Kurdish Workers Party (PKK) since 2013, Erdogan evidently decided that it was good politics to break the agreement and declare war against the ancient enemy. And he chose to do it under the aegis of the U.S. led war on terror to increase its legitimacy in the media and in front of the international audience, hence the decision to support the Americans against ISIS.
The Turkish turnabout took place four days after a suicide bombing inside Turkey killed thirty-two civilians in Suruç in the Kurdish region. The bombing was attributed to ISIS not completely convincingly, but it nevertheless led to the round up and imprisonment of mostly Kurdish and leftist militants throughout Turkey plus a much smaller number of ISIS supporters. A major air assault on the PKK and other Kurdish targets in northern Syria followed with no warning to American and other allied soldiers and intelligence officers present in the area, a move that reportedly “outraged” U.S. military leaders. Ankara was clearly responding forcefully to fears of some kind of Kurdish state developing in northern Syria, a concern that had been growing after Kurdish militiamen liberated the border town of Tel Abyad from ISIS in June, provoking a pro-government newspaper to describe the Kurds as “more dangerous than ISIS.”
Since the wave of arrests and the initial air attacks, Kurdish reprisals against the Turks have killed more than 50 policemen and soldiers, while there are reports of an estimated 400 Kurdish militants dead at the hands of the Turks. It all guarantees that the tit-for-tat cycle of violence will continue.
As of last week, the Turkish Air Force had conducted more than 300 strikes against Kurdish targets versus only three against ISIS. Turkey’s war against ISIS was quickly and by design directed against the Kurds, including the Syrian Kurdish People’s Protection Units YPG militia which, together with the Iraqi Kurds, is supported by the United States and has been the most effective force in opposing ISIS. So Turkey, pretending to oppose ISIS, is actually attacking ISIS’s enemies and even placing in danger the American advisers known to be working with the Kurds.
All of which means that the United States is again looking on in astonishment over having been bamboozled, recalling Rudyard Kipling’s famous epitaph “A Fool lies here who tried to hustle the East.” One angry American general calls the development a “bait and switch,” while another commented that Erdogan “needed a hook” to go after the Kurds and lied to Washington to accomplish that. I might even suggest that the original suicide bombing that sparked the whole chain of events, which was carried out by a 20-year-old ethnic Kurd, might itself have been a false flag operation by MIT, designed to ease Turkish entry into a hot war ostensibly against ISIS but which would really be directed at the Kurds.
It remains to be seen if Erdogan will actually benefit electorally from the new war, as most Turks continue to be wary about military involvement in Syria and the instability has sent the Turkish lira plummeting on currency markets. He has already explicitly linked the opposition HDP to Kurdish terrorism in an attempt to discredit it and remove it from parliament, also calling for its 80 legislators to be stripped of their immunity so they can be prosecuted. And Erdogan certainly has plenty of precedents in mind when it comes to fabricating a powerful new external threat to revive one’s political fortunes.
Lost in the shuffle are Washington’s hapless diplomats and soldiers, trying to make sense of the long-abandoned U.S. interests, but that does not mean that Americans will be immune from blowback as the situation continues to deteriorate. The United States Consulate General in Istanbul, where I once-upon-a-time worked, came under gunfire two weeks ago, while Kurdish militants have already begun a new terror campaign directed against foreign tourist targets in Istanbul and along Turkey’s Aegean and south coast.
The drama of Edward Snowden’s exposure of wide-ranging National Security Agency (NSA) domestic spying has somewhat overshadowed the steady flow of somewhat lesser revelations derived from the massive cache of documents known as Wikileaks. The most recent news reports based on five Wikileaks documents, plus a list of targeted telephone numbers, detail how Washington spied on senior members of the Japanese government, as well as on banks and companies such as the major diversified conglomerates Mitsui and Mitsubishi, referred to as keiretsu.
According to the documents that were made public, 35 numbers were targeted specifically by the NSA for coverage between 2006 and 2009. The electronic intrusion permitted Washington to obtain information on trade talks, policies relating to energy and climate change, as well as secret briefings involving Japan’s then-prime minister that took place at his official residence.
As is often the case, the back story is more interesting than the exposure of the spying itself, as most of the world has by now concluded that the United States spies on everyone all the time and has become blasé when a new country is added to the list. In this instance, however, the documents revealed that NSA was sharing some of the information on Japan’s climate-change strategies with the British, Canadians, Australians, and New Zealanders, which make up the remainder of the “Five Eyes” group that is privy to the most sensitive signals-intelligence operations. The suggestion would be that all five nations were and still are interested in collecting at least some types of economic information through espionage—a risky proposition, as revelation of such activity could easily derail trade negotiations.
A second major issue relates to what one does with business-related information after it is collected. Obviously intelligence that relates to trade disputes would be of some value to the White House, but design or marketing plans that could provide a U.S. company with a competitive advantage when dealing with a Japanese firm raise serious ethical questions. The U.S. government does not pass on such information, at least in theory, because of the practical consideration that the American economy has multiple competing firms in most economic sectors, and it would create unfair advantage if the information were given only to one company. So no one gets it, though one has to suspect there might be an occasional midnight phone call that violates the rule.
Ironically, the Japanese work the other way. The government cooperates fully with its large industrial firms to give them every conceivable advantage, which includes industrial spying on their behalf run out of Japanese Embassies.
Finally, a risk versus gain assessment of the apparent value obtained from spying on Japan would quite likely determine that the effort has never been worth the potential damage to bilateral relations. It is as inexplicable as the rationales produced to justify the programs involving other friendly nations like Germany, France, and Brazil.
One has to suspect that NSA spying often occurs just because the resources are in place and have to be used for something. We Americans spy on everyone mostly because we can.
The counter-terrorism industry in the United States is largely invisible, but its cost is not, amounting to tens or even hundreds of billions of dollars annually, depending on what one includes in the reckoning. And the actual level of threat is certainly debatable. Anyone who looks at terrorism arrests and convictions in the United State would likely come to the conclusion that many of the cases that eventually go to court are borderline entrapment. A suspect is frequently first identified by way of the internet or through telephone taps, either based on radical sites visited or by connections to friends who are themselves under suspicion. A case against the individual is then developed by monitoring what he or she is saying and writing, followed by the frequent introduction of a confidential Federal Bureau of Investigation (FBI) informant who contrives to become a friend.
At that point the whole process becomes murky because the informant is not supposed to encourage the suspect to undertake an illegal act, which would be entrapment. Nevertheless, in many cases the suspect proceeds to commit himself more and more after the informant is introduced and in many cases the latter then provides a bomb that will not explode or a gun that will not shoot. An arrest, trial, and conviction follow, demonstrating once again that the government is doing its job against terror.
Part of the trial process is the expert witness, used by both the defense and prosecution. An expert witness is supposed to be objective but in reality he is an advocate for the viewpoint of whoever is paying for his services, though if he goes too far he is vulnerable to aggressive cross examination by the opposing side.
I have worked as an expert witness in a number of court cases, including that of the “American Taliban” John Walker Lindh, where I assisted the defense. In some cases, the witness really is expert in explaining hard forensic or scientific evidence, but very often credibility is actually the real issue. In the Lindh case, which was plea bargained and did not go to trial, I would have explained that Lindh did not in any way fit the profile of someone who was an actual participating member of a militant group, challenging claims that he was an active member of al-Qaeda. The jury would have had to weigh up both my presumed knowledge and credibility as a former CIA officer who worked on terrorism against the evidence produced by the prosecutors. The prosecution, for its part, would likely have produced its own expert witness from the intelligence community who would have disputed my testimony.
As many terrorism cases come down to trying someone for intent rather than actually having done something, it is perhaps not surprising to find a number of expert witnesses who claim to understand how terrorists think, which they exploit to strengthen the government case, resulting in longer prison sentences. Steve Emerson was perhaps the first prominent product of the proliferating expert witness phenomenon, all of whom testify for the prosecution in what has been sometimes dubbed the “guilty verdict industry.” Emerson, a notably Islamophobic journalist, cannot speak any Middle Eastern language but he is a perfect fit for the agenda-driven neocon-dominated world of terrorism punditry, associated as it is with right wing or pro-Israel organizations as a sine qua non. He insisted that 1993’s Oklahoma City bombing must have been an attack by Muslims, arguing that “inflicting as many casualties as possible is a Middle Eastern trait.” He later claimed that the “US has become occupied fundamentalist territory.” More recently, he described Birmingham England as a city “where non-Muslims simply don’t go in” and eventually had to apologize. Alexander Cockburn observed that Emerson’s “prime role is to whitewash Israeli governments and revile their critics.”
An Emerson protégé Evan Kohlmann is perhaps the most successful exploiter of the terrorism as a cash cow school of expert witness-dom, having become the go-to guy for a number of federal departments. I first noticed him in 2011 when he appeared as the NBC “network terrorism analyst” after the Anders Behring Breivik mass shooting in Norway. Kohlmann dutifully described extremist groups in northern Europe, but then opined that the example of a single man killing a large number of people with a rifle and thereby paralyzing an entire country would likely serve as a teaching point for Islamic extremists who would do the same thing, rendering it unnecessary to learn how to make bombs.
Kohlmann thereby adroitly advised how to carry out a terrorist act while also keeping the terror focus on Islamists, even though they were not involved, while also ignoring that the fact that hatred of Muslims undeniably motivated the Norwegian gunman. Within the intelligence community and at the Pentagon Kohlmann, like many of his expert colleagues, is widely considered a phony who has ingratiated himself with those who prefer an affable young media resource saying all the right things about terrorism, alarming the public while exuding a “charade of expertise.” Critics have called him the “Doogie Howser of terrorism” and a “huckster,” with a law professor describing him as a life form “grown hydroponically in the basement of the Bush Justice Department.” One observer agreed, noting that “He appears to have risen almost without trace.”
Evan Kohlmann’s credentials and connections, are to say the least, unusual. A graduate of Georgetown University and of the University of Pennsylvania law school Kohlmann has never worked in law enforcement, intelligence, or served in the military. Everything he knows about terrorism is derivative, coming from individual research in libraries and, more often, over the internet. Kohlmann even lacks the tools that the academic world would require. He does not speak or read any of the primary languages that relate to Islamic terrorist groups, to include Arabic, Farsi, Urdu, and Pashto. He has never even traveled to either Iraq or Afghanistan. In an article “Pandering to Terrorists” written for The Journal of Counterterrorism & Security, co-authored with yet another questionable terrorism expert Rita Katz, he hyperbolically described Hezbollah as a terrorist organization dedicated to the destruction of the entire Western world. While Kohlmann claims to have compiled one of the world’s largest data bases on terrorism, it would appear to be exclusively in English and, though he frequently cites it in trials as part of his bona fides, no one has ever actually seen it or been able to challenge it in court. Most intelligence professionals would agree that without practical experience Kohlmann has no idea at all of counter-terrorist operations, possesses no particular insights, and is not worth listening to.
Kohlmann has even written a book, Al-Qaeda’s Jihad in Europe: the Afghan-Bosnian Network. It postulates that Bosnian Muslims are linked in a worldwide conspiracy with al-Qaeda affiliates in Afghanistan. One reviewer dryly asked that “How can anyone even attempt to link the [extremely secular] Muslims of Bosnia to the Muslims in Afghanistan?” while another critic described how sloppy and poorly edited the book was. “From the get go Mr. Kohlmann is making cardinal mistakes starting from names of the places, and people (even ex Croat president), to the flipping [of] geographical positions of numerous places in the book. Mr. Kohlmann’s writing…is flat out incorrect and far from the truth as one could get.”
Nevertheless Kohlmann as an “expert witness” is a habitué of the U.S. judicial system. He has frequently appeared in court where he is paid as much at $400 per hour by the prosecution in terrorism cases, netting the company he founded a total of $1.2 million in fees for testifying and “consulting” with various government agencies. It has recently been revealed that he also has a classified relationship with the Federal Bureau of Investigation, presumably as an investigator, which some might regard as a conflict of interest. The federal government imprimatur also has helped Kohlmann bring in considerable additional income, including providing consulting services for private clients and an estimated $700,000 from NBC alone.
Evan Kohlmann claims to understand the “indicators” that reveal that someone might actually be a “homegrown terrorist.” He cites five or six “factors” that produce a suspect, including, in one case, providing material support to terror through translating radical material from Arabic into English for a website. Kohlmann has provided testimony in thirty trials in the United States, plus several more in Europe. The cases are often “based on charges of conspiracy or supporting a terrorist organization, where the individual’s guilt is established by association…the demand for Kohlmann’s expertise by prosecutors is not surprising…[he] tends to demonize Islamist groups, and to link disparate groups and individuals into an encompassing narrative of international terrorism.”
There have been frequent challenges raised about Kohlmann’s expertise, both regarding his command of the facts and his analysis. Marc Sageman, a former naval officer, CIA Case Officer and practicing psychiatrist believes Kohlmann “tells stories” and describes his work as “so biased, one sided and contextually inaccurate that [it does] not provide a fair and balanced context for the specific evidence to be presented at a legal hearing.” A genuine “expert witness” should ideally have publications subjected to peer review or other intimate knowledge of the issue being examined, but Kohlmann has never faced such scrutiny. In one case, he was presented as an expert on the Bangladeshi Islamist party Jamaat-e-Islami, but under cross examination “it transpired that he had never written any papers on the party, nor been interviewed about the group. He had never been to Bangladesh, could not name the country’s Prime Minister nor even the leader of Jamaat-e-Islami.” But he was still permitted by the court to be an expert witness and the two accused were convicted.
Fortunately, sometimes a smarter-than-average judge will not be taken in. That actually happened to Kohlmann in London where a judge downgraded him from expert witness to “fact witness” because a 19-page report he produced on a Libyan group had clearly been completely researched on the internet. In short, the judge ruled that Kohlmann had no direct knowledge of terrorism or terrorists relevant to the case.
Evan Kohlmann is perhaps the most egregious manifestation of the global war on terror’s “terrorism expert big money business,” but he is far from unique. Like many of his colleagues, he is selling a product and would like to get rich on it before the American people wake up and the cash spigot gets turned off. More to the point, it is our own government officials, who certainly realize he is a fraud, that both protect and encourage him. They do it because it is in their own interest to obtain yet another terrorism conviction. Kohlmann is like a parasite who feeds off the system but it is the system itself that is corrupt and needs replacing.
Fourteen years of an unchallenged and largely unaccountable war on terror has certainly proven to be more than enough.