The latest expansion of the North Atlantic Treaty Organisation by taking in seven countries, all except one of them members of the erstwhile Warsaw Pact, is a step closer to the encirclement of Russia by the Western military alliance.

NATO Secretary General Jaap de Hoop Scheffer (fourth from right) with Foreign Ministers of the seven new NATO members, (from left) Bulgaria’s Solomon Isaac Passy, Lituania’s Antanas Valionis, Slovenia’s Dimitri Rupel, Estonia’s Kristina Ojuland, Romania’s Mircea Dan Geoana, Latvia’s Rihards Piks and Slovakia’s Eduard Kukan at the alliance headquarters in Brussels on April 2.

ON March 29, United States President George W. Bush formally welcomed seven new members to the North Atlantic Treaty Organisation (NATO) at a ceremony in the White House. The new members are Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia. Except Slovenia, all of them were part of the Warsaw Pact, which was the military counter-weight to NATO in Europe during the Cold War. Estonia, Latvia and Lithuania were part of the Soviet Union.

President of the Union of Soviet Socialist Republics Mikhail Gorbachev was given an assurance by the West prior to the dismantling of the Berlin Wall that NATO too would be disbanded eventually. Many in the West argued that with the disappearance of the so-called Communist threat, the rationale for the existence of NATO no longer existed. In retrospect, Washington had long-term plans aimed at ensuring its continued military dominance in East and Central Europe.

NATO was formed on April 4, 1949, by 12 countries – Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom and the United States. The first formal expansion of NATO took place in 1999, when three former Warsaw Pact members, Poland, Hungary and the Czech Republic, were welcomed into the alliance.

Moscow, while not publicly pressing the panic button, has reasons to be worried. Russian Defence Minister Sergei Ivanov has said that his country will be forced to revise its defence policy unless NATO revised its military doctrine. “Why is an organisation that was designed to oppose the Soviet Union and its allies in Eastern Europe still necessary in today’s world?” he asked. The Russian leadership had made it clear to the U.S. that it considers the recent expansion as an unfriendly step and an extension of U.S. hegemony into Central-Eastern Europe. With the U.S. pulling all the strings in NATO, that means the setting up of U.S. military bases and deep penetration by the U.S. of the military and security systems of East Europe. NATO encirclement will also mean that U.S. missiles will be seconds away from Moscow and U.S. spy planes will be constantly snooping on Russian defence and scientific installations.

Even some NATO members, notably France and Germany, are not too happy with the unseemly haste with which the new members have been brought in. The seven new members form part of what U.S. Defence Secretary Donald Rumsfeld has characterised as “new Europe”. The U.S. hopes to downsize further the influence of Western Europe in NATO as it completes the encirclement of Russia. With the addition of the new members, NATO’s access to the Kalingrad region as well as the Black Sea will be further circumscribed.

By European standards, barring Slovenia, the new members are relatively poor but are all part of President Bush’s “coalition of the willing” in the so-called `War on Terror’. Membership of NATO was one of the inducements offered to these countries. U.S. Senator Chuck Hagel had described the new NATO members as the “Coalition of the Bought” last year. In lieu of their token participation in Iraq, the Bush administration had given these countries a lot of inducements, including the setting up of a $100-million Central European Investment Fund, enhanced trade status and easier access to international capital. Many of the new members joined the “coalition of the willing” without taking their Parliaments or people into confidence. NATO is being expanded when older NATO members such as Spain, which is the sixth biggest contributor of troops, have given notice that they are withdrawing troops from Iraq. There are 1,300 Spanish troops in Iraq. Even the Polish government has hinted that the withdrawal of its 2,460 troops from Iraq is a distinct possibility. Poland has the fourth largest number of troops in that country. The new NATO members have so far contributed only a token number of soldiers.

The Russian Defence Minster, in a signed article, has said that Russia has valid reasons to be concerned about NATO’s ongoing expansion, particularly if it goes ahead with the plan to build big military bases in Latvia, Lithuania and Estonia. “The alliance is gaining greater ability to control and monitor Russian territory. We cannot turn a blind eye as NATO’s air and military bases get much closer to cities and defence complexes in European Russia,” he wrote. Russia has also expressed its concerns about NATO’s new priorities, which are contrary to its charter and stated goals. At the NATO summit held in Prague in 2002, the alliance agreed to undertake military operations even outside the territory of member-nations, whenever deemed necessary, without a United Nations mandate. “Any NATO actions not approved by the U.N. should therefore be considered illegal – including `preventive wars’ like that in Iraq,” wrote Ivanov. He told the Russian media in early April that he regretted that NATO was “much more concerned about the deployment of military bases and strike aircraft as close to the Russian borders as possible”.

Russian President Vladimir Putin said in the first week of April that NATO’s enlargement would not help solve international problems. “Practice has shown that a mechanical enlargement cannot help us ward off the threats we face. This enlargement could not prevent the terrorist acts in Madrid, nor could it help us solve the problems in Afghanistan,” Putin pointed out. The Kremlin has reason to be wary about Washington’s game plan. In the last two years, American military bases have been established in Russia’s “Asian underbelly” – the states of Kyrgyzstan and Uzbekistan. The U.S. has bases in Georgia and Bulgaria. NATO now has a foothold in the Baltic, Caspian and Black Seas. German Chancellor Gerhard Schroeder and French President Jacques Chirac were in Moscow in the first week of April. They were the first Western leaders to visit Moscow after Putin’s re-election. The NATO expansion would have no doubt been on top of their agenda for discussion. Putin has said on several occasions that Russia, Germany and France have “practically coinciding” positions on most international issues.

Though the Russian leadership is not openly articulating it, NATO is being perceived as a political organisation that has illegally appropriated global responsibilities. Its recent actions have also shown that it is a military-political alliance inimical to Russia. NATO has made it clear that it will go on expanding until it seals once and for all the political results of the dissolution of the Soviet Union. The next round of expansion could involve Ukraine, Moldova, Georgia, Uzbekistan and other Central Asian countries, completing the geopolitical encirclement of Russia. Some Russian commentators say that the eastward expansion of NATO constitutes the biggest threat to their country since the Great Patriotic War (Second World War ). Before its neighbours joined NATO, Russia had nothing to fear from their armies. Now it has to confront the might of NATO at its doorstep. Statements by Western leaders that they consider Russia as “a partner not an enemy” will no longer be taken seriously.

Volume 21 – Issue 09, April 24 – May 07, 2004
JOHN CHERIAN

THIERRY ROGE/REUTERS

Find this story April May 2004

Copyright © 2004, Frontline.

More details have come to light showing how the U.S. military infiltrated and spied on a community of antiwar activists in the state of Washington. Democracy Now! first broke this story in 2009 when it was revealed that an active member of Students for a Democratic Society and Port Militarization Resistance was actually an informant for the U.S. military. The man everyone knew as “John Jacob” was in fact John Towery, a member of the Force Protection Service at Fort Lewis. He also spied on the Industrial Workers of the World and Iraq Veterans Against the War. A newly made public email written by Towery reveals the Army informant was building a multi-agency spying apparatus. The email was sent from Towery using his military account to the FBI, as well as the police departments in Los Angeles, Portland, Eugene, Everett and Spokane. He wrote, “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro.” Meanwhile, evidence has also emerged that the Army informant attempted to entrap at least one peace activist, Glenn Crespo, by attempting to persuade him to purchase guns and learn to shoot. We speak to Crespo and his attorney Larry Hildes, who represents all the activists in the case.

TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: More details have come to light showing the U.S. military infiltrated and spied on a community of antiwar activists in the state of Washington and beyond. Democracy Now! first broke the story in 2009 that an active member of Students for a Democratic Society and Port Militarization Resistance was actually an informant for the U.S. military. At the time, Port Militarization Resistance was staging nonviolent actions to stop military shipments bound for Iraq and Afghanistan. The man everyone knew as “John Jacob” was in fact John Towery, a member of the Force Protection Service at Fort Lewis. He also spied on the Industrial Workers of the World and Iraq Veterans Against the War. The antiwar activist Brendan Maslauskas Dunn helped expose John Towery’s true identity as a military spy. In 2009, Dunn spoke on Democracy Now!

BRENDAN MASLAUSKAS DUNN: After it was confirmed that he was in fact John Towery, I knew he wouldn’t call me, so I called him up the day after. This was this past Thursday. And I called him up; I said, “John, you know, what’s the deal? Is this true?” And he told me; he said, “Yes, it is true, but there’s a lot more to this story than what was publicized.” So he wanted to meet with me and another anarchist in person to further discuss what happened and what his role was.
So, when I met him, he admitted to several things. He admitted that, yes, he did in fact spy on us. He did in fact infiltrate us. He admitted that he did pass on information to an intelligence network, which, as you mentioned earlier, was composed of dozens of law enforcement agencies, ranging from municipal to county to state to regional, and several federal agencies, including Immigration Customs Enforcement, Joint Terrorism Task Force, FBI, Homeland Security, the Army in Fort Lewis.
So he admitted to other things, too. He admitted that the police had placed a camera, surveillance camera, across the street from a community center in Tacoma that anarchists ran called the Pitch Pipe Infoshop. He admitted that there were police that did put a camera up there to spy on anarchists, on activists going there.
AMY GOODMAN: That was Brendan Maslauskas Dunn speaking in 2009 on Democracy Now! He’s now a plaintiff in a lawsuit against John Towery, the military and other law enforcement agencies.

Since 2009, there have been numerous developments in the case. A newly made public email written by Towery reveals the Army informant was building a multi-agency spying apparatus. The email was sent by Towery using his military account. It was sent to the FBI as well as the police departments in Los Angeles, in Portland, Eugene, Everett and Spokane, Washington. He wrote, quote, “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro.” Towery also cites “zines and pamphlets,” and a “comprehensive web list” as source material, but cautions the officials on file sharing becase, quote, “it might tip off groups that we are studying their techniques, tactics and procedures,” he wrote. The subject of the email was “Anarchist Information.”

Meanwhile, evidence has also emerged that the Army informant may have attempted to entrap at least one of the peace activists by attempting to persuade him to purchase guns and learn to shoot.

We’re joined now by two guests. Glenn Crespo is a community organizer in the Bay Area who used to live in Washington state, one of the plaintiffs in the lawsuit against the military and other agencies. He’s joining us from Berkeley. And with us in Seattle, Washington, longtime attorney Larry Hildes, who represents the activists in the case.

The Joint Base Lewis-McChord Public Affairs Office declined to join us on the program, saying, quote, “Because this case is still in litigation we are unable to provide comment.”

Let’s go first to Washington state, to Larry Hildes. Can you talk about the latest developments in this case, and what has just come out?

LARRY HILDES: Sure. Good morning, Amy. It’s interesting. What came out did not come out from this case. It came out from a Public Records Act request from a different client of ours who was arrested in an anti-police-brutality march and falsely charged with assaulting an officer, that the civil case is coming to trial in a couple weeks. He put in a Public Records Act request because he was active with PMR and was concerned that he had been targeted, and he was then subject to a number of citations and arrests.

And, yeah, the Army’s investigative reports claimed that, well, there may have been some rules broken, but Towery was doing this off the job in his off-hours, unpaid, for the sheriff—for the Pierce County Sheriff’s Office and the fusion center. Here he is at his desk, 10:00 in the morning, using his military ID, his military email address, and identifying himself by his military titles, writing the law enforcement agencies all over the country about forming this mini-group to target and research anarchists and leftists, and it’s coming out of what’s called the DT Conference that the State Patrol was hosting here in Washington, Domestic Terrorism Conference. They created a book for this conference based on information largely from Towery that included Brendan Dunn and one of our other plaintiffs, Jeff Berryhill, and two other activists with PMR, listed them as domestic terrorists and a violent threat because of their—basically, because they were targeted by Towery and because of their activism and their arrests for civil disobedience. So, he’s taking something he created, labeling these people as terrorists, going to a conference with this information, and saying, “We should disseminate this and work on this more broadly.”

It also puts the lie to Towery’s claim and his supervisor Tom Rudd’s claim that Towery was simply working to protect troop movements from—between Fort Lewis and the public ports of Stryker vehicles going to the occupations in Iraq and Afghanistan. They’re not shipping out of L.A. They’re not shipping out of Portland or Eugene. And they’re not—none of these are agencies that are directly involved in protecting military shipments from Fort Lewis. So it’s clear there’s a much larger agenda here.

And we’ve seen that in some other ways. There are extensive notes that we’ve received of Towery’s spying on a conference of the Evergreen State College in Olympia about tactics for the protests at the DNC in Denver in ’08, Republican—Democratic National Convention, and the Republican National Convention in St. Paul in ’08, and who was going to do what, the red, yellow and green zones, and specifically what was going to happen on the Monday of the convention. And it was the RNC Welcome Committee, which then got raided and became the RNC 8—claimed that they were planning acts of terrorism, which were in reality acts of nonviolent civil disobedience. So this goes way beyond Fort Lewis and PMR, and there’s a full—there seems to be a much larger agenda, as we’ve seen in other places, of nonviolent activism equals terrorism equals anarchism equals justification for whatever spying or law enforcement action we want to take.

AMY GOODMAN: I want to—

LARRY HILDES: And obviously this is not—sorry, go ahead, Amy.

AMY GOODMAN: I want to read from your lawsuit. You write, quote, “In addition to the Army, Coast Guard, and Olympia Police Department, the following agencies are known to have spied on, infiltrated, or otherwise monitored the activities of PMR and/or related or associated activists: Thurston County Sheriff’s Office, Grays Harbor Sheriff’s Office, Pierce County Sheriff’s Office, Tacoma Police Department, Lakewood Police Department, Ft. Lewis Police Department, 504th Military Police Division, Aberdeen Police Department, The Evergreen State College Police Department, the Lacey Police Department, the [Tumwater] Police Department, the Seattle Police Department, the King County Sheriff’s Office, Immigration and Customs Enforcement, the Federal Protective Service, other Divisions of the Department of Homeland Security, Naval Investigative Services, Air Force Intelligence (which has created a special PMR SDS taskforce at McGwire Air Force Base in New Jersey), The Federal Bureau of Investigation, and the Seattle Joint Terrorism Taskforce, as well as the previously discussed civilian employees of the City of Olympia. This list is likely incomplete,” you write. That is a very extensive list, Larry Hildes.

LARRY HILDES: It is. And it turns out it is incomplete. And those were all agencies that we had documents obtained from Public Records Act requests showing that they were directly involved. So now we’re finding out there’s more agencies. The Evergreen State College was giving regular reports to the State Patrol, to the Thurston County Sheriff’s Office and to Towery and Rudd about activities of SDS on campus at Evergreen. And there’s an extensive discussion about the conference about the DNC and RNC protests and that the chief of police is the source for the information. But, yeah, now we’ve got L.A. This gets bizarre. And we received 9,440 pages of sealed documents from the Army as a Christmas present on December 21st that—that I can’t even talk about, because they insisted that everything was privileged. It was supposed to be privileged as to private information and security information, but it’s everything, all kinds of emails. So, yeah, I mean, it starts out sounding very encompassing, and we’re finding out we were conservative about what agencies were involved.

AMY GOODMAN: I wanted to bring Glenn Crespo into this conversation, a Bay Area community organizer. You were the peace activist who John Towery, you say, attempted to persuade you to purchase guns, to learn to shoot. How did you meet him, and what happened when he tried to get you to do this?

GLENN CRESPO: Well, this kind of relationship spanned over a two-, maybe two-and-a-half-year period of time. I first met him at a weapons symposium demonstration in Tacoma, Washington, in downtown Tacoma. I didn’t introduce myself to him at that point, but I saw him there. He came out—he actually came out of the symposium, and this was a conference where Lockheed Martin and all these other weapons manufacturers and distributors were showing their wares. He came out of that, and it appeared to me as if other activists in Olympia had already become friends with them. He was very friendly with them, they were very friendly with him. That was the first time I saw him. That was in mid-2007. Not long after that, he organized a Tacoma PMR meeting, and I wasn’t really involved—

AMY GOODMAN: Port Militarization Resistance.

GLENN CRESPO: Yeah, exactly. And I wasn’t very involved in that, but I did get the mass email. So I figured, because I lived in Tacoma, I might as well go check it out. He was the first person there. I was the second person there. He introduced himself. I introduced myself. And he asked me about a poster that he had made regarding an upcoming demonstration, and he said he was going to bring it to the group and see if we could get consensus on whether or not it was OK if he put it up. And I told him that—I looked at the poster and said, you know, “This is pretty general.” There’s no particular reason I really think that he has to get consensus on whether or not he can put a poster up that’s kind of basically just time and place and description of the event. And that was the first time I met him.

He later on used that conversation as a way to boost our rapport between each other, when he said that he thought that that conversation was really profound to him, that he believed that it was interesting that I kind of wanted to—or suggested that he bypass some sort of consensus process regarding this poster, so that he can just do—you know, that he could do what he wants. You know, he could put the poster up if he wants to. That was very interesting. I realized that in retrospect, that that was a way that he tried to broaden or expand upon our friendship in the beginning.

AMY GOODMAN: And then, where did the guns come in?

GLENN CRESPO: Probably within the six to seven months after meeting him, so late—late 2007. He had started coming to events at the house I was living at in Tacoma. We were doing—we did a lending library. And we were doing a lot of organizing regarding the Tacoma Immigration and Customs detention center, so the ICE detention center. He would go to those meetings. He would come over for potlucks. So both public and private events, he kind of worked his way in as a friend.

He produced handgun to me in our kitchen, just between he and I. He carried it in his side pocket. He said he always carried a handgun on him. And he emptied it. He put the magazine out. He cleared the chamber, and he handed it to me. And he said he always carries one on him. And that, that was the first time he really talked about guns with me. And I was caught off guard, because at the time I was in my early twenties. I had never held a—I don’t even think I had seen a handgun, really, like that before. And that was kind of the beginning of him starting to talk more about guns. And he said—he had said that if we ever wanted to go shooting, being me and my friends, or myself in particular, that he would take us shooting, or, you know, he knows where all the gun shows are at, so we could go to gun shows if—you know, if we’re interested. And then, later on, these things did happen, when he prompted myself and others to go to the Puyallup Gun Show and purchase—purchase a rifle. And then, that went into going to shooting ranges that he was already a member of. He would drive us to all of these things, take us to these shooting ranges.

And this seemed fairly innocuous to me, in the beginning. I mean, Washington is a pretty gun-owner-friendly state. It didn’t—it didn’t really surprise me, because he wasn’t saying anything crazy or really implying anything crazy at that point. But about a year into that, there was a significant shift in his personality. Whereas in the beginning he was very optimistic and very—seemed very hopeful and kind of seemed lonely—I mean, he was, you know, in his early forties, early to mid-forties. He primarily surrounding himself with people who were in their early twenties. And he just came off as if he was kind of a sweet, harmless guy and was kind of lonely and wanted to hang out with people that he felt like he had something in common with, as far as his ideas went. But like I said, into a year into that relationship, he started to become a little bit more sinister and dark in his demeanor, in his—the things he would talk about.

And this continued to go into him giving myself and another friend a set of documents that were military strategy documents, and he said that he—he suggested that “we,” whatever that meant, use those documents in “our actions.” And these were documents on how to properly execute military operations. And then, following that, he showed people at my house, including myself, how to clear a building with a firearm. And these things were prompted by him. He would basically say, “Hey, do you—you know, check this out. Look, I could explain this stuff.” And he would just go into it, on how to, for example, in this case, clear a building with a firearm. So he had a mock—you know, he would hold a rifle up, or a make-believe rifle, and clear—stalk around the lower levels of our house and up the stairwell, all the way up the second stairwell into the attic, and the whole time talking about how he would—you know, how he was clearing corners and checking angles and all this stuff that nobody particularly had any interest in.

And around the same time, he had, you know, conversations with me about how he believed that anarchists were very similar to fascists, in a—almost in a positive light, where he was saying that they both don’t care about the law and don’t use the law to get what they need or what they want, and that he believed that the only way anarchism or anarchy would ever work, in his words, would be if five billion people died. So this is kind of in his—in the midst of his weird, sinister behavior that started to happen, that I thought that he was depressed. I thought that he was basically going through some sort of like maybe existential crisis, or maybe he was fed up with things. I wasn’t really sure. He always talked about him having issues at the house—at his home. He had implied that his wife was concerned that he was cheating on her, and that’s why we could never go to his house, because his wife didn’t like us, his other friends, or whatever.

He submitted an article in the same—like the last—you know, that last half of the time that I knew him as a friend. He submitted an article to a magazine that I was editor of in early 2009, that was written from the perspective of 9/11 hijackers. And I remember this very specifically, because he gave me a copy, a physical copy, when we were on our way to go get coffee. And I remember reading it, and probably about a quarter of the way through realizing I didn’t even feel comfortable touching it, like touching the physical document with my hands. It was the weirdest thing in the world, because it was kind of—it was basically implying—or seeming sympathetic with the 9/11 hijackers. And he wanted me to publish this in his—in the next issue of the magazine I was editor of. So I just—I actually—because he was being so forceful, I just didn’t do the magazine again. That first issue was the last issue. And once he submitted that paper, I didn’t publish it ever again.

AMY GOODMAN: Let me ask your lawyer, Larry Hildes, is this entrapment, I mean, when you’re talking about this whole progression that Glenn Crespo went through with the man he thought was named John Jacob, who in fact is John Towery, working at Fort Lewis? He’s military personnel.

LARRY HILDES: I think, absolutely, it was an attempted entrapment. He went step by step. He misjudged our folks. He thought our—he correctly saw that our folks were angry and upset about what was going on, but misjudged them. It feels like we could have ended up with a Cleveland Five or an 803 situation very easily, if he had had his way. Fortunately, our folks’ reaction was: “This is really weird and creepy. Get away from me.” And it speaks to how little he understood the nature of the antiwar movement and how little he understood people’s actual commitment to nonviolent action, to not seeing the troops themselves as the enemies—

AMY GOODMAN: Larry—

LARRY HILDES: —but seeing the war—yeah, I’m—yeah, go ahead.

AMY GOODMAN: Larry Hildes, we don’t have much time, but I just want to ask about Posse Comitatus and the laws that separate the military—I mean, they’re not supposed to be marching through the streets of the United States.

LARRY HILDES: Yeah, right.

AMY GOODMAN: What about this issue of investigating? And how far and extensive is this infiltration campaign, where you put in people, they change their names, and they try to entrap or they change the nature of what these actions are?

LARRY HILDES: I think they crossed the line. They claim they’re allowed to do some level of investigative work to protect military activities, military shipments. But entrapping people—attempting to entrap people into conspiracies where they can get charged with major felonies they had no intention of committing, dealing with law enforcement agencies around the country to keep tabs on activists, following them to protests in Denver and St. Paul that have absolutely nothing to do with military shipments, they crossed the line into law enforcement, into civilian law enforcement.

And they did so quite knowingly and deliberately, and created this cover story that Towery was working for the fusion center, reporting to the sheriff’s office, not doing this during his work time, because they were well aware—in fact, he got paid overtime for attending the RNC, DNC conference at Evergreen, by the Army. So the Army was expressly paying him to monitor, disrupt and destroy these folks’ activism and their lives. I mean, we had—at one point, Brendan Dunn had four cases at the same time in four counties, because they kept stopping him. Seven times he got arrested or cited; Jeff Berryhill several times; Glenn Crespo. People would get busted over and over and over. Towery was attending their personal parties, their birthday parties, their going-away parties, and taking these vicious notes and passing them on about how to undermine these folks, how to undermine their activities, how to destroy their lives. This is way into Posse Comitatus. This is way beyond any legitimate military role.

And it’s exactly why Posse Comitatus exists. The job of the military, as they see it, is to seek out the enemy and destroy them, neutralize them. When the enemy is nonviolent dissenters and the First Amendment becomes the enemy, as Chris Pyle, our expert, who was the investigator for the Church Committee, put it—the First Amendment, the Fourth Amendment are an inconvenience to the Army; they ignore them; they’re not sworn to uphold them in the same way—it becomes a very dangerous situation. And yes, they are way over into illegal conduct. They’re into entrapment operations. They’re into trying to silence dissent against them, and apparently much larger. This case just keeps getting bigger as we go. And we’re set for trial, I should say, on June 2nd—

AMY GOODMAN: And we will continue to cover this.

LARRY HILDES: —at this point.

AMY GOODMAN: I want to thank you both for being with us. Larry Hildes, lead attorney representing the antiwar activists spied on by the military, civil rights attorney with the National Lawyers Guild, speaking to us from Seattle, Washington. And Glenn, thank you so much for being with us. Glenn Crespo is a plaintiff in the lawsuit, a community organizer in the Bay Area of California.

This is Democracy Now!, democracynow.org, The War and Peace Report. When we come back, spies in the movement. We’re going to go back some time to the civil rights movement. Stay with us.

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The news of peace activists in Olympia, Washington exposing Army spying, infiltration and intelligence gathering on their groups may strengthen congressional demands for a full-scale investigation of US intelligence activities like those of the 1970s. We speak with law professor and former Army whistleblower Christopher Pyle, whose 1970 disclosure of the military’s widespread surveillance of civilian groups triggered scores of congressional probes, including the Church Committee hearings, where he served as an investigator. [includes rush transcript]

TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: We turn to a follow-up on our exclusive broadcast yesterday. We spent the hour looking at a story out of Olympia, Washington, where antiwar activists exposed Army spying and infiltration of their groups, as well as intelligence gathering by the Air Force, the federal Capitol Police and the Coast Guard. Declassified documents obtained by the activists revealed that an active member of Students for a Democratic Society and Port Militarization Resistance in Washington state was actually an informant for the US military. The man everyone knew as “John Jacob” was in fact John Towery, a member of the Force Protection Service at Fort Lewis.
The infiltration appears to be in direct violation of the Posse Comitatus Act preventing US military deployment for domestic law enforcement and may strengthen congressional demands for a full-scale investigation of US intelligence activities, like the Church Committee hearings of the ’70s.
Well, Christopher Pyle was a captain in Army intelligence in 1970, when he first disclosed the military’s widespread surveillance of civilian groups. The disclosure triggered fifty congressional inquiries within a month. Pyle went on to work for Senator Sam Ervin’s Subcommittee on Constitutional Rights and Senator Frank Church’s Select Committee on Intelligence, that led to the founding of the Foreign Intelligence Surveillance Act.
Christopher Pyle joins us now from Chicopee, Massachusetts. He teaches constitutional law and civil liberties at Mount Holyoke College, and he’s the author of four books. His most recent is called Getting Away with Torture.
We welcome you to Democracy Now!
CHRISTOPHER PYLE: Good morning, Amy.
AMY GOODMAN: I wanted you to first start off by talking about the significance of these revelations yesterday, with the young activists on Democracy Now! having simply applied under Freedom of Information Act [ed: public records request] for any information on anarchists or on their organizations in Olympia, Washington, and finding this one email inside that referred to this man named John Towery. They started doing some digging, and they realized it was their friend. Well, they knew him as “John Jacob.” He came out of Fort Lewis base. Christopher Pyle, the significance of this?
CHRISTOPHER PYLE: I think the significance is less that the Army is monitoring civilian political activity than that there is a network, a nationwide network, of fusion centers, these state police intelligence units, these municipal police intelligence units, that bring together the services of the military, of police, and even private corporations to share information about alleged terrorist groups in cities throughout the country. I was fascinated by the story of the Air Force officer from New Jersey making an inquiry to the police in the state of Washington about this group. This is an enormous network. It’s funded by the Homeland Security Department. Police departments get a great deal of money to set up these intelligence units. And they monitor, largely, lawful political activity, in violation of the First Amendment and, when the military is involved, in violation of the Posse Comitatus Act.
AMY GOODMAN: I wanted to play just two clips from yesterday. This is one of the activists in Olympia who exposed that his friend John Jacob was actually John Towery, a military informant and a member of the Force Protection Service at Fort Lewis. I asked Brendan Maslauskas Dunn, the Olympia activist with Students for a Democratic Society and Port Militarization Resistance, what his first reaction was when he found out.
BRENDAN MASLAUSKAS DUNN: John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He was — he said he was an anarchist. I met him over two years ago through community organizing and antiwar organizing I was involved with in Tacoma and Olympia with other anarchists and other activists.

And he was really interested in Students for a Democratic Society. He wanted to start a chapter of Movement for a Democratic Society, which is connected to SDS. He got involved with Port Militarization Resistance, with Iraq Vets Against the War. He was — you know, knew a lot of people involved with that organization.

But he was a friend of mine. We hung out. We gave workshops together on grassroots direct democracy and anarchist struggle. I mean, he was a friend. A lot of people really, really did like him. He was a kind person. He was a generous person. So it was really just a shock for me this week when all of this was determined.

AMY GOODMAN: Brendan Maslauskas Dunn went on to describe exactly what his so-called friend, John Towery, said when he confronted him with the evidence.
BRENDAN MASLAUSKAS DUNN: He admitted that, yes, he did in fact spy on us. He did in fact infiltrate us. He admitted that he did pass on information to an intelligence network, which, as you mentioned earlier, was composed of dozens of law enforcement agencies, ranging from municipal to county to state to regional, and several federal agencies, including Immigration Customs Enforcement, Joint Terrorism Task Force, FBI, Homeland Security, the Army in Fort Lewis.

So he admitted to other things, too. He admitted that the police had placed a camera, surveillance camera, across the street from a community center in Tacoma that anarchists ran called the Pitch Pipe Infoshop. He admitted that there were police that did put a camera up there to spy on anarchists, on activists going there.

He also — one other thing he spoke of — I don’t know if this is true. I mean, honestly, I don’t know what to believe from John, but he said that the police in Tacoma and Olympia had been planning for a while on raiding the anarchist Pitch Pipe Infoshop and also the house I lived in with several other activists in Olympia. And they had approached John several times, saying, you know, “Do they have bombs and explosives and drugs and guns and things like that?” which is just disgusting to even think that they would suggest that. They’re just trying to silence us politically. They’re going after us for our politics and for our work, you know, around Port Militarization Resistance and around antiwar organizing. And, of course, John told them, no, we didn’t have any of those stuff. He told them the truth.

But he also mentioned that there were other informants that are amongst us.

AMY GOODMAN: Brendan Maslauskas Dunn, the Olympia activist with Students for a Democratic Society and Port Militarization Resistance, the one who put in the Freedom of Information Act request [ed: public records request] and found out his friend, who he thought was named “John Jacob,” was John Towery out of Fort Lewis base in Washington state.
Christopher Pyle, you’re now a professor. You were in military intelligence, a captain. When you started to uncover the military, what, almost forty years ago, investigating civilian groups, give us the history.
CHRISTOPHER PYLE: Well, I was teaching law at the US Army Intelligence School, and I was asked to teach a class on CONUS intelligence and spot reports. CONUS is the acronym for continental United States. So I delivered a lecture about the need for the use of the military to put down riots, which did not require identifying any persons. You simply go in, clear the streets, declare a curfew, quiet things down, restore order.
And an officer came up to me after class and said, “Captain Pyle, you don’t know much about this, do you?” And I said, “No.” And he said, “Well, I can arrange a briefing.” And he did.
He took to me across the post to the headquarters of the US Army Intelligence Command’s CONUS Intelligence Section. There I discovered thirteen teletype machines reporting on every demonstration around the country of twenty people or more. The reports were coming from 1,500 Army plainclothes agents working out of 300 offices. They had it all covered.
They showed me a mug book of persons who could be rounded up in case of a civil disturbance. The military really believed that if you had a civil disturbance or a protest, it was very important to know the names of the people who might be protesting, because, you never know, they might be connected with a cadre of agitators and communists behind them.
Well, the same pattern is now developing under the Northern — the US Army’s Northern Command, which coordinates domestic intelligence work for the US Army and tries to prepare for what they call “military assistance to civil authorities.” It was out of this that the TALON reports came, but I also helped to disclose, reports on lawful, constitutionally protected antiwar activities. And so, history is repeating itself.
AMY GOODMAN: Who were some of the people in the mug shots, Christopher Pyle?
CHRISTOPHER PYLE: Well, the first one —-
AMY GOODMAN: Who did they say could be rounded up?
CHRISTOPHER PYLE: The first volume, under letter A, was Ralph David Abernathy, who was head of the Southern Christian Leadership Conference and a close associate of Dr. Martin Luther King. And there were many more of that type.
AMY GOODMAN: So, you’re saying -—
CHRISTOPHER PYLE: Perfectly law-abiding citizens.
AMY GOODMAN: So, you’re saying some protest happened somewhere, or a riot, and they can go to where Ralph David Abernathy is, in a wholly different place, and round him up.
CHRISTOPHER PYLE: Yes, today, particularly, with the power of computers and internet communications and monitoring the public airwaves, this network of seventy-two fusion centers, plus all of the subordinate groups that provide information and seek information, can follow you and me and just about anybody all around the country. They don’t have to put transponders in our cars. They could use E-ZPass on the highway. But in your case from the state of Washington, they apparently used a transponder in an antiwar protester’s automobile. This is the kind of surveillance society this country does not need.
AMY GOODMAN: Who else was listed at the time?
CHRISTOPHER PYLE: Say that again?
AMY GOODMAN: Who else was listed at the time, both individuals and organizations that you saw targeted?
CHRISTOPHER PYLE: Well, one of the printouts that the military gave me of their surveillance for a particular week in 1968 included the infiltration of a Unitarian Church. In more recent years, surveillance of Quaker groups, the infiltration of Quaker groups in Florida, who were planning to protest military recruitment in their local high school. These are the people who, according to the TALON reports, are considered to be potential threats to military security.
AMY GOODMAN: And explain what you mean by TALON.
CHRISTOPHER PYLE: TALON is a collection of intelligence reports of threats to military bases that were collected by an unknown group for many years after 9/11 called the Counterintelligence Field Activity. It had a thousand employees. It was located in the Pentagon. And it was monitoring civil disturbances around the country, following a pattern very much like the 1960s and ’70s.
The idea was that if you could follow enough protesters in the — protests in the country, or enough disturbances, you could tell when the country was going to overheat and the military would have to be called in. In the 1960s, they thought that if they could tell how many protests there were on college campuses, they could then predict riots in the black ghettos of the major cities of the United States. It was ludicrous intelligence work, but that’s what they had in mind.
AMY GOODMAN: So, you left there that day, saying you were going to write an article. You were going to expose this. You learned about huge databases, places like in — where? In Baltimore, Maryland.
CHRISTOPHER PYLE: Well, a big center was in Baltimore, Maryland, and — but there were six other computer databanks back then. Computers were still in their infancy. They were still being fed with computer punch cards. Nothing like we have today. They were bush league compared to what now exists in these fusion centers, that you’ve reported on, from the state of Washington.

AMY GOODMAN: And what happened as a result of this information? You’re a military intelligence captain. You’re appalled by what you see: the targeting of civilians. You write an article. What ensued?
CHRISTOPHER PYLE: Well, what was really interesting is I began to hear from my former students, who had been doing this work on active duty. And I eventually recruited 125 counterintelligence agents to tell what they knew about the domestic intelligence operations of the US Army. I shared this information with the press and with congressional committees. Senator Ervin, in the Subcommittee on Constitutional Rights, held hearings, which I organized and disclosed the existence of this system. The military was embarrassed by the system and eventually disbanded it and burned all the records. I checked on that by interviewing the guys who did the burning of the records.
AMY GOODMAN: There’s a discussion right now among the people who are involved — Congress member Barbara Lee; in New Jersey, Rush Holt, congressman; chair of the Judiciary Committee, Conyers — weighing a committee be set up to once again investigate, as the Church Committee did, intelligence in this country and its far-reaching effects. For example, the example we brought out yesterday of the military infiltrating peace groups, and this was just one individual that we looked at. Talk about what came from the Ervin and the Church Committee hearings.

CHRISTOPHER PYLE: Well, the Church Committee did the most extensive investigation of all the agencies. Ervin’s committee just did Army intelligence. But nobody had ever done anything to investigate intelligence agencies before Senator Ervin took it upon himself to do so. Once Ervin proved that there was extensive misconduct and abuse of authority, then others got interested. And the House created a committee under Otis Pike, and the Senate created a special committee under Frank Church. They had to create special committees, because there were no standing committees to oversee the intelligence agencies.
And as the result of the work of those two committees, we now have standing congressional committees whose job is supposed to be to oversee the work of the intelligence committees. So the proposal for yet another select committee to do the work of existing committees seems to me a political nonstarter, but maybe Barbara Lee knows something more about the politics of Capitol Hill than I do.
AMY GOODMAN: What do you think needs to be done right now?
CHRISTOPHER PYLE: I think that we need to prosecute the torturers. I think that’s the biggest single message that we could give to the intelligence community, that it is not above the law. That’s even more important than the domestic intelligence, and the domestic intelligence, to me, is extremely important. That’s the untold story that you’ve begun to tell, but there have been many other abuses of authority. And when you get into torture, kidnapping, secret illegal detention and assassination, it seems to me you’ve gone over the hill to the most serious abuses any intelligence community can possibly commit, and that’s the place to start. Don’t lose our focus on that.
And then, after that, we need to investigate ways of curbing domestic intelligence activity. And there’s an area of this which has not yet become publicly known, and that is the role of corporations working with the intelligence agencies, corporations which do data processing and data mining, which are totally exempt from any state or federal privacy laws. There’s no control on them at all. And when they’re part of this network, they can use Google and techniques like Google, sophisticated techniques, to gather a great deal of information on the personal lives of the young men you had on your program yesterday.
AMY GOODMAN: Christopher Pyle, this is just the beginning, and we’re going to have you back. Your new book, Getting Away with Torture

. Christopher Pyle was a military intelligence captain when he exposed the surveillance of civilian groups in this country, now a professor at Mount Holyoke College. Thank you for being with us.

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WEDNESDAY, JULY 29, 2009

Find this story at 29 July 2009

Newly declassified documents reveal that an active member of Students for a Democratic Society and Port Militarization Resistance in Washington state was actually an informant for the US military. The man everyone knew as “John Jacob” was in fact John Towery, a member of the Force Protection Service at Fort Lewis. The military’s role in the spying raises questions about possibly illegal activity. The Posse Comitatus law bars the use of the armed forces for law enforcement inside the United States. The Fort Lewis military base denied our request for an interview. But in a statement to Democracy Now!, the base’s Public Affairs office publicly acknowledged for the first time that Towery is a military operative. “This could be one of the key revelations of this era,” said Eileen Clancy, who has closely tracked government spying on activist organizations. [includes rush transcript]

TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.

ANJALI KAMAT: We begin with a Democracy Now! broadcast exclusive. Peace activists in Washington state have revealed an informant posing as an anarchist has spied on them while working under the US military. The activists are members of the group Students for a Democratic Society and Port Militarization Resistance, which protests military shipments bound for Iraq and Afghanistan.
Before his true identity was revealed, the informant was known as “John Jacob,” an active member of antiwar groups in the towns of Olympia and Tacoma. But using documents obtained under a Freedom of Information Act request [ed: public records request], the activists learned that “John Jacob” is in fact John Towery, a member of the Force Protection Service at the nearby Fort Lewis military base.
The activists claim Towery has admitted to them he shared information with an intelligence network that stretches from local and state police to several federal agencies, to the US military. They also say he confirmed the existence of other government spies but wouldn’t reveal their identity.
The military’s role in the spying raises questions about possibly illegal activity. The Posse Comitatus law bars the use of the armed forces for law enforcement inside the United States.
AMY GOODMAN: The Fort Lewis military base denied our request for an interview. But in a statement to Democracy Now!, the base’s Public Affairs office publicly acknowledged for the first time that Towery is a military operative. The statement says, quote, “John Towery performs sensitive work within the installation law enforcement community, and it would not be appropriate for him to discuss his duties with the media.” Fort Lewis also says it’s launched an internal inquiry. We invited John Towery on the broadcast, but he didn’t respond to our interview request.
In a Democracy Now! broadcast exclusive, we’re now joined in Seattle by the two activists who exposed John Towery as a military informant. Brendan Maslauskas Dunn counted John Towery, or “John Jacob,” as a close friend. But he discovered Towery’s identity after obtaining government documents under a Freedom of Information Act request [ed: public records request]. Brendan is an Olympia-based activist with Students for a Democratic Society and Port Militarization Resistance. We’re also joined in Seattle by Drew Hendricks. He is an Olympia activist with Port Militarization Resistance who worked closely with John Towery, aka “John Jacob.” This is their first broadcast interview since coming forward with their story.
Brendan, let’s begin with you. Just lay out how you found out about this military spy.
BRENDAN MASLAUSKAS DUNN: Well, thanks for having us, Amy.
I actually did a public records request through the city of Olympia several months ago on behalf of the union I’m in, the Industrial Workers of the World, and the records request I did, I had asked for any documents or emails, etc., that the city had, especially in discussions or any kind of communications between the Olympia police and the military in the city generally, anything on anarchists, anarchy, anarchism, Students for a Democratic Society or the Industrial Workers of the World. I got back hundreds of documents from the city.
One of the documents was an email that was sent between personnel in the military, and the email address that was attached to this email was of John J. Towery. We didn’t know who that was, but several people did a lot of research to find out who that was, and they identified that person as being John Jacob.
AMY GOODMAN: And what was your first reaction? Who was John Jacob to you?
BRENDAN MASLAUSKAS DUNN: John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He was — he said he was an anarchist. I met him over two years ago through community organizing and antiwar organizing I was involved with in Tacoma and Olympia with other anarchists and other activists.
And he was really interested in Students for a Democratic Society. He wanted to start a chapter of Movement for a Democratic Society, which is connected to SDS. He got involved with Port Militarization Resistance, with Iraq Vets Against the War. He was — you know, knew a lot of people involved with that organization.
But he was a friend of mine. We hung out. We gave workshops together on grassroots direct democracy and anarchist struggle. I mean, he was a friend. A lot of people really, really did like him. He was a kind person. He was a generous person. So it was really just a shock for me this week when all of this was determined.
ANJALI KAMAT: And, Brendan, what did John Towery, who you used to know as “John Jacob,” say to you when you confronted him?
BRENDAN MASLAUSKAS DUNN: Well, after it was confirmed that he was in fact John Towery, I knew he wouldn’t call me, so I called him up the day after. This was this past Thursday. And I called him up; I said, “John, you know, what’s the deal? Is this true?” And he told me; he said, “Yes, it is true, but there’s a lot more to this story than what was publicized.” So he wanted to meet with me and another anarchist in person to further discuss what happened and what his role was.
So, when I met him, he admitted to several things. He admitted that, yes, he did in fact spy on us. He did in fact infiltrate us. He admitted that he did pass on information to an intelligence network, which, as you mentioned earlier, was composed of dozens of law enforcement agencies, ranging from municipal to county to state to regional, and several federal agencies, including Immigration Customs Enforcement, Joint Terrorism Task Force, FBI, Homeland Security, the Army in Fort Lewis.
So he admitted to other things, too. He admitted that the police had placed a camera, surveillance camera, across the street from a community center in Tacoma that anarchists ran called the Pitch Pipe Infoshop. He admitted that there were police that did put a camera up there to spy on anarchists, on activists going there.
He also — one other thing he spoke of — I don’t know if this is true. I mean, honestly, I don’t know what to believe from John, but he said that the police in Tacoma and Olympia had been planning for a while on raiding the anarchist Pitch Pipe Infoshop and also the house I lived in with several other activists in Olympia. And they had approached John several times, saying, you know, “Do they have bombs and explosives and drugs and guns and things like that?” which is just disgusting to even think that they would suggest that. They’re just trying to silence us politically. They’re going after us for our politics and for our work, you know, around Port Militarization Resistance and around antiwar organizing. And, of course, John told them, no, we didn’t have any of those stuff. He told them the truth.
But he also mentioned that there were other informants that are amongst us.
AMY GOODMAN: Brendan, we’re going to break. Then we’re going to come back to this discussion. I really want to talk to Drew Hendricks about John’s involvement in IT, in the technical aspects, the coordination of the LISTSERVs.
Today, a Democracy Now! exclusive, an exposé on a military spy in peace groups in Olympia, Washington. Brendan Dunn is our guest, Olympia activist with Students for a Democratic Society and Port Militarization Resistance. He discovered that his friend, fellow activist “John Jacob,” was actually a military spy. And Drew Hendricks will be joining us in a minute, talking about his involvement. John Towery, their friend, “John Jacob.” Stay with us.
[break]
AMY GOODMAN: Today, a national broadcast exclusive. A military spy in the ranks of antiwar activists in Olympia, Washington.
We have a number of guests. We’ve just been speaking with Brendan Maslauskas Dunn, Olympia activist with Students for a Democratic Society and Port Militarization Resistance. He discovered, through an FOIA request, a Freedom of Information Act request [ed: public records request], that his friend, fellow activist “John Jacob,” was actually working with Fort Lewis base in Washington state, was a military spy in his organizations.
Drew Hendricks is with us, as well, in Seattle, also an Olympia activist with the same groups, Port Militarization Resistance. He worked with John Towery, his real name — “John Jacob” is how they knew him — before the exposé that has now coming out.
Drew, tell us how you met John and how he was involved in the organizations.
DREW HENDRICKS: I first met John in September of 2007, and he approached me as somebody who claimed to have base access, which turned out to be true. He did admit that he was a civilian employee for the Army. And what he was offering me were observations and inside knowledge of operations on Fort Lewis.
I let him know that I wasn’t willing to have any classified information from him and that I wasn’t engaged in espionage. I was looking for open source information and looking for insight into movements of military materials over the public roads, so that people other than myself could organize protests or organize blockades, as they might see fit, and it wasn’t appropriate for me to be involved in their plans. It was only appropriate for him let me know things that I could confirm from open ground, from public spaces. He abided by those rules, for the most part.
And he did not reveal his role to me that he was actually part of a force protection cell, that he was actually reporting to DES fusion and part of the intelligence operation of Fort Lewis. He wasn’t admitting to me that his reports were going to Washington Joint Analytical Center, which is a function of the Washington State Patrol and the Federal Bureau of Intimidation — I’m sorry, Investigation.
But he did provide what he purported to be observations of operations on Fort Lewis, and he was involved with the group for a few months before I mistakenly and stupidly, in retrospect, trusted him with co-administration of our LISTSERV, our shared means of talking to each other over electronic media.
AMY GOODMAN: And the LISTSERV involvement, how much control he had over who was involved in your groups, Drew?
DREW HENDRICKS: Well, he could tell from that access who all was subscribed to the LISTSERV. He couldn’t control who was coming into or out of meetings, but he could find out who people were, if they were subscribed to the LISTSERV. And he did challenge some people who were attempting to get to the LISTSERV for their credentials, for people who could vouch for them being people who were not law enforcement or people who were not military intelligence who were coming into that activity. He wasn’t in control of what messages people could send, but as an administrator on RiseUp, he could have unsubscribed people, and there were some people that were disruptive that he did unsubscribe, in a way that the other LISTSERV administrators, for the most part, agreed with.
He wasn’t found to be abusing his authorities as a LISTSERV administrator directly, although he probably reported that list upwards in his chain of command or his chain of employment. And that served a significant chilling role for him as a military employee. He’s a civilian employee, but he is a former military-enlisted person. And so, he understood, or should have understood, that what he was doing was legally inappropriate. I’m not a lawyer, but in my opinion and from the history I’ve read, what he was doing was rather extraordinary, from the histories that I’ve read.
ANJALI KAMAT: I want to bring three others into this discussion. Joining us from Washington, DC is Mike German. He’s the National Security Policy Counsel for the American Civil Liberties Union. He previously served as an FBI agent specializing in domestic counterterrorism from 1988 to 2004.
Also joining us here in New York is Eileen Clancy. She’s a founding member of I-Witness Video, a video collective that has documented government surveillance of activist groups for years. Her group was targeted by police raids last summer during the Republican National Convention in St. Paul, Minnesota.
And on the line with us from Bellingham, Washington is Larry Hildes, an attorney and National Lawyers Guild member who has represented Washington state-based activists with Students for a Democratic Society and Port Militarization Resistance in criminal and civil cases.
Larry, I want to go to you. Can you talk about your involvement with this and on what bases you have represented these activists?
LARRY HILDES: Absolutely. Good morning, by the way.
Yeah, I’ve been — I got involved — there was a sit-in at the gate of the Port of Olympia back in May of 2006 to protest use of the port for military shipments to Iraq and Afghanistan. And it’s been a wonderful experience. I have represented these folks through several rounds of criminal cases throughout Pierce and Thurston Counties, Tacoma and Olympia. And now we are suing, based in part on spying, in conjunction with the Seattle office of the ACLU.
And it got strange fairly early. We were in trial in March of 2007, arguing that these folks were not guilty of criminal violations for sitting at the gate, when they weren’t allowed into the port itself. The prosecutors kind of hinted that there was — that they had inside information that they shouldn’t have had. And the fourth day of the trial, as it’s clear that we have the jury, prosecutor’s office came out with a confidential jury analysis sheet that my office had done, that was circulated only on the internal attorney-client LISTSERV that was exclusively for the defense team, and announced that this was all over the internet and got a mistrial.
And we’re trying to figure out in the courtroom what’s going on here. Never seen anything like this. We know it’s not on the internet. And the person who set up the LISTSERV — so we’ve got LISTSERV stuff going on even before Mr. Towery’s involvement — person on the LISTSERV discovers that there’s two people who we never heard of, who they had not subscribed, he had not allowed onto the list. Those two turned out to be Tacoma police officers. And we’ve now found that the Tacoma police knew that this document was going to be revealed, knew it would probably be a mistrial, and was speculating — and knew exactly when it would be and was speculating what the effects would be. So, the spying started early.
It was very clear that they treated these folks — the worst thing they’ve ever done is acts of civil disobedience, peacefully, nonviolently trying to stop military blockades by standing in front of tanks and Strykers — that they were treating this like a very, very serious situation. So we knew that early. And it’s become clear that there was a lot of spying going on throughout this process. We kind of knew that this was coming.
Right now I’m defending a group of demonstrators who were arrested in Olympia in November of ’07, allegedly trying to block a troop convoy or a Stryker convoy from coming out of the port to go back to Fort Lewis to be repaired and sent back to Iraq again. And the police reports talk about —- the incident commander talks about the fact that they had Army intelligence sources reporting to them detailed discussions that were going on in private meetings that Port Militarization Resistance was having, where they were discussing tactics and strategies. And based on that information, they decided that our clients from that action, who were sitting in an empty road outside of a closed gate, with no military vehicles in sight, were intending to blockade traffic and were arrested for attempted disorderly conduct, a charge we’ve never seen in our lives.
So we started trying to find out what’s going. We got the judge to agree to sign subpoenas, which were immediately refused by the head of the civil division of the US attorney’s office in Seattle, Brian Kipnis, saying they had no standing and they weren’t going to respond, and ordered the Army not to give us this information. So -—
AMY GOODMAN: Tell us more about this US attorney. And also, isn’t he the attorney who prosecuted Ehren Watada —-
LARRY HILDES: That’s exactly -—
AMY GOODMAN: — the first officer to say no to going to war in Iraq, refusing to lead young men and women there for a war he felt was immoral?
LARRY HILDES: That’s exactly right, Amy. He handled the Ninth Circuit appeals and stood up in the courtroom and said, “OK, he’s had his appeal. Now we need to go forward. He needs to be prosecuted. We want a second court-martial,” and continued to argue that. And the day that the decision came — Ninth Circuit decision came down saying, “No, this was double jeopardy; you can’t do this,” he said, “Well, we’re going to prosecute him on the remaining claims anyway,” which, of course, has not happened.
He was also involved in a number of the Guantanamo cases and has been arguing that evidence of torture shouldn’t come out, because it would reveal confidential information about how Guantanamo was set up. So, his role has been, throughout this, to obstruct.
I sent him a letter saying, “OK, now we have this information. I ask for your help in investigating this, because this is a crime.” Under the Posse Comitatus Act of 1887, it is a crime for the US military to become involved in civilian law enforcement. And they’ve chipped away at it, but it’s still a crime. I got a letter back now telling me I have to ask the Army. I got this yesterday, saying, “You have to go through channels with the Army.” I’ve gone through channels with the Army, and the Army has told me they’re not allowed to talk to me, because he told them not to. So we’re going back and forth with this guy.
He has been in the US attorney’s office throughout much of the Bush administration. And apparently his job is to obstruct and punish those involved in protesting the war and those protesting torture. Interesting character. I had never heard of him before this. Apparently has a close relative — there aren’t that many Kipnises, but there are some —- who runs a security firm that specializes in analysis of national security issues. So it’s a cozy little family network there. So -—
ANJALI KAMAT: I’d like to turn to Mike German and bring him into the conversation, National Security Policy Counsel for the American Civil Liberties Union in Washington, DC. Mike German, what’s your response to all of this?
MIKE GERMAN: Well, I think his analysis is exactly right. This is a pretty clear violation of Posse Comitatus. Now, what the military would argue, and has argued, is that they have a right to engage in force protection, which obviously, in its normal understanding of that term, is a defensive sort of capability, i.e. they can put guards at the gates of military bases and protect from threats from without. But they seem to have been, since 2002, considering that as an offensive capability, where they’re actually sending operatives out to spy on community activists, which is, of course, prohibited and something that, you know, the First and the Fourth Amendment become engaged.
And, you know, this is something that we found out through a FOIA back in 2005 the military was engaged in through a group called the Counterintelligence Field Activity. And they had a database of activists called TALON that, again, collected this US person information that the military has no business collecting. And that was shut down. But unfortunately, you know, they just created a new mechanism. This appears to be the fusion centers and these fusion cells that they’re using that, they seem to think, give them a method of circumventing Posse Comitatus and the restrictions on military intelligence gathering in the United States.
AMY GOODMAN: Explain what you mean, Mike, by fusion centers.
MIKE GERMAN: About two years ago, me and a colleague at the ACLU started investigating a lot of federal money going to what were called intelligence fusion centers. And I was only two years out of federal law enforcement at that point, and I had never heard this term, so I became concerned. And what these centers are is multi-jurisdictional intelligence centers that involve state, local and federal law enforcement, as well as other government entities — you know, a lot of times there are emergency services type of entities, but actually can’t involve any government entity — but also involve oftentimes the military and private companies.
So we produced a report in November of 2007 warning of the potential dangers that these multi-jurisdictional centers had, because it was unclear whose rules applied. Were we using federal rules? Were we using state rules? Local rules? And what was military and private company — what rules govern their conduct? So we put out this report in November of 2007. At that point, there were forty-two fusion centers. By July of 2008, we had found so many instances of abuse, we put out an updated report. At that point, there were fifty-eight fusion centers. Today, the DHS recognizes at least seventy-two fusion centers. So these things are rapidly growing, without any sort of proper boundaries on what activities happen within them and without really any idea of what it is the military is doing in these fusion centers and what type of access they have to US person information.
AMY GOODMAN: I wanted to turn back for a moment to the two activists in Olympia. They’re speaking to us from Seattle today, first time they’re speaking out nationally, Brendan Dunn and Drew Hendricks. Just give us a sense, Brendan, of why you got involved in activism. People might be listening and watching right now and wondering, “I’ve never even heard of Port Militarization Resistance,” or perhaps the new Students for a Democratic Society, based on the old. What’s your background, Brendan?
BRENDAN MASLAUSKAS DUNN: Well, I guess I really started to get involved with activism and organizing — it was in high school, but it wasn’t until after high school, when my friend’s brother was shot and killed by the police in Utica, New York. His name was Walter Washington. And the community developed a response to that, and, you know, that’s what really started to get me thinking and actively organizing. That’s really when I got involved.
I moved to Olympia a little over three years ago. Since then, I’ve been involved with a lot, with Students for a Democratic Society. And, you know, the more police repression I’ve learned about or experienced and just repression, generally, that it’s moved me in a more radical direction. That’s when I started to pick up anarchist politics and organizing.
So I’ve been involved with Students for a Democratic Society and Port Militarization Resistance — just makes sense to me, because the military — this is one of the most highly militarized areas of the country, if not the world, western Washington is. And it just makes sense to me that if we want to throw a gear in the war machine, the best way to do it is in our own backyard, our own towns. And in our case, it’s in the Port of Olympia, the Port of Tacoma, the Port of Grays Harbor in Aberdeen. And that’s where direct action makes sense and community struggle makes sense.
AMY GOODMAN: And, Drew Hendricks, your involvement in Port Militarization Resistance, known for trying to stop some of the — for example, the Stryker vehicles from being sent to Iraq?
DREW HENDRICKS: Yes. My primary activity with Port Militarization Resistance is as a coordinator for intelligence collection, so that people have the time that they need to make good decisions about what it is that they’re going to do. I’ve taken one direct action myself against said activity early on in the end of May 2006. I blocked a couple of gates shut overnight and was arrested during that action and found and put in jail for a few hours. But for the most part, my role has been to collect information and disseminate it to the people who need to know, so that they can make timely decisions.
AMY GOODMAN: We’re going to break, then come back to this conversation. We are doing a national exposé today on a person who worked in the military spying on peace groups in Washington state. His name — well, they thought his name was John Jacob. His name is John Towery. We asked that he come — we wanted him to come on the broadcast, but he didn’t respond to our request. We also asked the military to join us; we read the statement earlier, yes, admitting that John Towery worked with them. We’ll continue this conversation in a minute.
[break]
AMY GOODMAN: We bring you this exclusive on peace activists in Washington state revealing an informant posing as an anarchist has spied on them while working under the US military — the activists, members of the group Students for a Democratic Society and Port Militarization Resistance, which protests military shipments bound for Iraq and Afghanistan.
Yes, this is Democracy Now!, and we urge you to go to our website at democracynow.org, where we’re video and audio podcasting, where you can see the documents that they got under Freedom of Information Act [ed: public records request].
Anjali?
ANJALI KAMAT: The government documents also show that intelligence officers from other government and military agencies inquired Olympia police about the Washington state peace activists. In an email to an Olympia police officer from February 2008, Thomas Glapion, Chief Investigations/Intel of New Jersey’s McGuire Air Force, writes, quote, “Good Morning, first let me thank you for the effort. To the contrary you were quite the help to me. You are now part of my Intel network. I’m still looking at possible protests by the PMR SDS MDS and other left wing anti war groups so any Intel you have would be appreciated…In return if you need anything from the Armed Forces I will try to help you as well,” end-quote.
Now, we contacted the McGuire Air Base, and they also denied our interview request. They released a short statement saying only, quote, “Our force protection specialists routinely research local and national groups in response to potential risks and threats to Air Force installations and to ensure the safety of our personnel,” end-quote.
Another declassified email from February 2008 comes from Andrew Pecher of the US Capitol Police Intelligence Investigations Section in Washington, DC. The email is also addressed to an Olympia police contact. It says, quote, “I am just droppjng [sic] in to see if you had a problems with the below action that we had talked about a few weeks ago. Any information that you have would be helpful. Thank you!!” end-quote. The “action” Pecher refers to is the “Northwest DNC/RNC Resistance Conference,” an event that was held at Evergreen State College to prepare for protests at last summer’s Democratic and Republican conventions.
I want to go to Brendan Maslauskas Dunn. Brendan, how did you find this information? When you first saw this information, can you talk about your reaction?
BRENDAN MASLAUSKAS DUNN: Well, when it all surfaced through the public records requests, I wasn’t surprised. I guess I had been expecting this, especially with the level of activity that activists have been involved with in Olympia, in the last few years, especially. But, I mean, it still was a shock. I didn’t know it was that extensive. I guess that’s why it was a shock to me.
I didn’t know that the Air Force from New Jersey was interested in activities that activists in Olympia were involved with. And I didn’t know that the Capitol police in Washington, DC was trying to extract information from people in Olympia, as well.
So I always suspected that there was surveillance going on. It was obvious it was going on locally from local agencies and local police agencies. I had no idea how widespread it is. And I think this is just the tip of the iceberg. I have no clue what’s below the water.
AMY GOODMAN: Eileen Clancy, I’d like to bring you into this conversation. You have long been documenting police and federal authorities’ activities in antiwar and peace protests at the conventions in 2004 and then 2008. You, yourselves, at I-Witness were targeted. You were detained by police. The places that you were setting up video to video police actions on the streets were raided by the police in St. Paul. Your reaction to what you’re listening to and watching today?
EILEEN CLANCY: Well, I have to say, I think this is one of the most important revelations of spying on the American people that we’ve seen since the beginning of the Bush era. It’s very clear that there’s no such thing as one spy, especially not in the Army. So — and it’s very clear that this problem is national in scope, in that sort of casual manner that these folks are interacting with each other.
It’s really like in January 1970. Christopher Pyle, who was a former US Army intelligence officer, revealed in Washington Monthly that there was an extraordinary program of spying by the Army on political protest groups. And he said that — well, what was written in the New York Times was that the Army detectives would attend some of these events, but the majority of material that they gathered was from police departments, local governments and the FBI. And at that time, they had a special teletype, pre-internet, that connected the Army nationwide and where the police could load up their information on this stuff. They also published a small book that was a blacklist, which is similar now to the terrorist watch list, where the police share information about activists with maybe no criminal basis whatsoever. And at the time, in January 1970, Pyle said that there was a hope to link the teletype systems to computerized databanks in Baltimore, Maryland, which, of course, is the general area of the National Security Agency, which does most of the spying for — it’s supposed to be foreign, but apparently they do domestic spying, as well.
So this now, what we have here — and after these revelations, there was a Church Committee. There was a great deal of investigating that went on. And while a lot of it was covered up, the military was pushed back for a while on this front. But because now we have the capability of gathering an extraordinary amount of information and holding onto it and sharing it, through the internet and through other means, we really have this 1970s problem amped up on steroids, twenty-first-century-style. And this had been going on for a while.
Something terrible has been going on in the Pacific Northwest in terms of police spying. There are other documents that had been revealed — the Tacoma police, Homeland Security, meetings, minutes. And you can see that one of the essential problems with this kind of model and the fusion center model is that in the same meeting, they’re talking about a Grannies Against the War group handing out fliers at the local mall, and they’re talking about new information about what al-Qaeda is going to do. It’s a model that doesn’t make any sense whatsoever, and it’s a model that’s based really on hysteria.
When you see those pictures that were just shown on the screen, pictures of people with no weapons standing in the middle of a road with giant Army vehicles in front of them, you know, it’s clear that the protest is of a symbolic nature. There’s no violence involved on the part of the activists. It’s a traditional sit-in type of protest. The idea that the Army, the Navy and the Marines would become hysterical at this threat, I mean, it is the Army, it’s the Navy, it’s the Marines. And when — that’s the reason the Army shouldn’t be involved in this, because the job of an army — and they’ll tell you this — is to kill people and break things. The motto of the Stryker Brigade Combat Team that’s housed at Fort Lewis, that this force protection cell was trying to protect, their motto is “strike and destroy.” They’re really built for one thing, and it’s certainly not policing. It’s certainly not dealing with community activist groups, Grannies Against the War, or local activists in Olympia.
AMY GOODMAN: I want to ask about Rush Holt, the New Jersey congressman — we’re talking about McGuire Air Base, actually, in New Jersey — who has just in the last weeks been calling for a Church-like, Pike-like investigation of the intelligence community, starts by talking about the CIA. He’s raised this with the Washington Independent, with the Newark Star-Ledger, even raised it on Lou Dobbs a few days ago. And the significance of something at this level of the Church Committee hearings that investigated spying — Sy Hersh exposed it decades ago in a major article in the New York Times. Mike German, at this point, the significance of something like this? And do you think we would see this under President Obama?
MIKE GERMAN: I would hope so. You know, when we first came out with our report on fusion centers and warned about the military presence, you know, people told us that that wasn’t something we needed to be concerned about. And, you know, so this is a very important revelation, that there is actual evidence of abuse, that hopefully will open the eyes of the people who are responsible for overseeing these types of activities. And I believe something like a select investigative committee to investigate such activities is certainly called for. And, in fact, Representative Barbara Lee had introduced back in April a bill that would allow a select committee to investigate national security policy and practices. So, we’re hoping that this will bring support to that effort.
AMY GOODMAN: I also wanted to ask Brendan Dunn about the evidence of other spies in your organization. In fact, didn’t John — “John Jacob,” now known as John Towery, who worked at Fort Lewis — didn’t he tell you about others that he actually wanted out of the organization sometimes and called the military to get them out?
BRENDAN MASLAUSKAS DUNN: Yeah, that’s true. I mean, that’s his story, at least. He admitted that there were a few other informants that were sent.
He had a weird story, which, you know, we know isn’t true, based on the public records and the documents that we have in our hands, that he was, you know, forced into this position to spy on us, that he didn’t do it for pay, that he only reported to the Tacoma police and wasn’t connected to the military whatsoever. I mean, it’s a good cover story to, you know, let the military free and blame it on a bunch of Keystone cops in Tacoma, but there was actually another email I got through the records request that was sent between a couple Olympia police officers, and they had mentioned something about their Army guy that was working for them and something else about someone in the Coast Guard that was also perhaps, still perhaps, currently acting as an informant.
AMY GOODMAN: We also, in doing research on John Towery, have information, addresses that he had at both Fort Drum, Upstate New York, and also in Brussels, which we associate with NATO. Is there any understanding or knowledge you have of this, either Brendan or Drew? Did he talk about this in his past?
BRENDAN MASLAUSKAS DUNN: This is actually the first I’ve heard of it. I’m actually surprised, because I used to live near Fort Drum. I used to go to school near Fort Drum before I moved out to Olympia. So this is news to me. I’ve never heard anything.
AMY GOODMAN: Right now, in figuring out how you go forward, I wanted to bring Larry Hildes back into this conversation. Information about one activist actually having a locator put in his car to figure out where he was going from one protest to another, can you tell us about Phil Chin, Larry?
LARRY HILDES: Yes, I can. And we’re actually suing about this in conjunction with the Seattle ACLU now. Mr. Chin was on his way to a demonstration at the Port of Aberdeen. It was going to be a peaceful march, not even any civil disobedience. His license plate was called in, and Washington state patrol sent an attempt-to-locate code — we didn’t know what an attempt-to-locate code was until this — saying, “There are three known anarchists in this car, in this green Ford Taurus. Apprehend them, and then let the Aberdeen police know.”
So he gets pulled over for supposedly going five miles an hour under the speed limit in heavy traffic and charged with DUI, despite the fact he hasn’t had anything to drink, hasn’t done any drugs, total — every single test comes up absolutely negative, except for the fact that he had trouble standing on one foot because he had an inner ear infection. The lab tests come up negative. And they still go forward with this, until we move to dismiss and ask what this attempt-to-locate code is. And we find out that it’s — we’ve got the tape, the dispatch tapes of them calling in this car with the three known anarchists — by the way, none of whom was Phil. But on the dashboard of the car that takes him away is a picture of Phil’s other car.
ANJALI KAMAT: Eileen Clancy, we just have a minute left. What does this, all of this information that’s come out, what does this do for activists? Does it create a climate of fear? What you, who have been spied on, who have had so much experience with this — what are your final words?
EILEEN CLANCY: I think people should try not to be afraid. They should consider what these fine activists have done here, which is done an extraordinary public service by putting this information out. This could be one of the key revelations of this era, if this is followed up on. It’s very important that people be aggressive about this. And thank goodness they did it.
AMY GOODMAN: We want to thank you all for being with us, Eileen Clancy of I-Witness Video; Mike German of the American Civil Liberties Union; Larry Hildes, National Lawyers Guild, based in Bellingham; and the two activists who have exposed this story through their Freedom of Information Act request [ed: public records request], Brendan Maslauskas Dunn, Olympia-based activist, and Drew Hendricks, as well. Thank you both very much for being with us.

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TUESDAY, JULY 28, 2009

Find this story at 28 July 2009

Anti-war activists in Olympia, Wash., have exposed U.S. Army spying and infiltration of their groups, as well as intelligence gathering by the U.S. Air Force, the federal Capitol Police and the Coast Guard.

The infiltration appears to be in direct violation of the Posse Comitatus Act preventing U.S. military deployment for domestic law enforcement, and may strengthen congressional demands for a full-scale investigation of U.S. intelligence activities, like the Church Committee hearings of the 1970s.

Brendan Maslauskas Dunn asked the City of Olympia for documents or e-mails about communications between the Olympia police and the military relating to anarchists, Students for a Democratic Society (SDS) or the Industrial Workers of the World (Dunn’s union). Dunn received hundreds of documents. One e-mail contained reference to a “John J. Towery II,” who activists discovered was the same person as their fellow activist “John Jacob.”

Dunn told me: “John Jacob was actually a close friend of mine, so this week has been pretty difficult for me. He said he was an anarchist. He was really interested in SDS. He got involved with Port Militarization Resistance (PMR), with Iraq Vets Against the War. He was a kind person. He was a generous person. So it was really just a shock for me.”

“Jacob” told the activists he was a civilian employed at Fort Lewis Army Base, and would share information about base activities, which could help PMR organize rallies and protests against public ports being used for troop and Stryker military vehicle deployment to Iraq and Afghanistan. Since 2006, PMR activists have occasionally engaged in civil disobedience, blocking access to the port.

Larry Hildes, an attorney representing Washington activists, says the U.S. attorney prosecuting the cases against them, Brian Kipnis, specifically instructed the Army not to hand over any information about its intelligence-gathering activities, despite a court order to do so.

Which is why Dunn’s request to Olympia and the documents he obtained are so important. The military is supposed to be barred from deploying on U.S. soil, or from spying on citizens.

Christopher Pyle, now a professor of politics at Mount Holyoke College, was a military intelligence officer. He recalled: “In the 1960s, Army intelligence had 1,500 plainclothes agents watching every demonstration of 20 people or more. They had a giant warehouse in Baltimore full of information on the law-abiding activities of American citizens, mainly protest politics.”

Pyle later investigated the spying for two congressional committees: “As a result of those investigations, the entire U.S. Army Intelligence Command was abolished, and all of its files were burned. Then the Senate Intelligence Committee wrote the Foreign Intelligence Surveillance Act of 1978 to stop the warrantless surveillance of electronic communications.”

Reps. Barbara Lee, D-Calif., Rush Holt, D-N.J., and others are pushing for a new, comprehensive investigation of all U.S. intelligence activities, of the scale of the Church Committee hearings, which exposed widespread spying on and disruption of legal domestic groups, attempts at assassination of foreign heads of state, and more.

Demands mount for information and accountability for Vice President Dick Cheney’s alleged secret assassination squad, President George W. Bush’s warrantless wiretapping program, and the CIA’s alleged misleading of Congress. But the spying in Olympia occurred well into the Obama administration (and may continue today). President Barack Obama supports retroactive immunity for telecom companies involved in the wiretapping, and has maintained Bush-era reliance on the state secrets privilege. Lee and Holt should take the information uncovered by Brendan Dunn and the Olympia activists and get the investigations started now.

See/hear/read the full exclusive hour broadcast exposé on Democracy Now!:

Declassified Docs Reveal Military Operative Spied on WA Peace Groups, Activist Friends Stunned

Denis Moynihan contributed research to this column.

Amy Goodman Amy GoodmanHost, executive producer of Democracy Now!, NYT bestselling author, syndicated columnist
Posted: July 28, 2009 08:20 PM

Find this story at 28 July 2008

Copyright © 2014 TheHuffingtonPost.com, Inc.

Amy Goodman on Democracy Now just broke a story that is a piece of a larger puzzle: and that puzzle is the spying on dissidents right here in the United States.

This time it was done by someone working for the U.S. military, which may be illegal.

It happened out in Olympia, Washington, where a guy who went by the name of John Jacob infiltrated a group of anarchists working with Students for a Democratic Society and the Port Militarization Resistance. This went on for a couple of years.

When the activists found him out just last week, they were shocked.

“John Jacob was actually a close friend of mine,” Brendan Maslauskas Dunn told Amy Goodman. “We hung out. We gave workshops together on grassroots direct democracy and anarchist struggle.”

But John Jacob was not who he purported to be.

His real name is John Towery, and he’s no anarchist. He’s a member of the Force Protection Service at Fort Lewis.

This is just the latest case of domestic spying on political groups that may be happening all over.

A few months ago, it came out that an undercover FBI agent had infiltrated some peace groups in Iowa City.

The case in Olympia is even more troubling, as it involves the U.S. military, which is supposed to be banned by the Posse Comitatus Act from engaging in law enforcement.

But this isn’t the first time that the military has been caught with its hand in the spying jar.

Back in 2004 at the University of Texas Law School in Austin, two Army lawyers attended, under cover, a conference entitled “Islam and the Law: A Question of Sexism.”

On Mother’s Day, 2005, the National Guard in California was keeping tabs on the Raging Grannies and Code Pink.

And last year at the Republican Convention in St. Paul, the U.S. Northern Command provided support. (See democracynow.org, and “What Is NorthCom Up To?”; in the February 2009 issue of The Progressive.)

The Pentagon also was involved in spying on activists through its notorious Talon database.

Though the Pentagon shut down Talon, the national security state is still involved in gathering intelligence through so-called fusion centers.

The Olympia activists were surprised at the extent of the spying. It turns out that the head of investigations and intelligence at New Jersey’s McGuire Air Force contacted an Olympia police officer about the anarchists, saying he was looking into “leftwing anti-war groups” himself and would appreciate “any Intel.” And the U.S. Capitol Police Intelligence Investigations Section sought information from the Olympia police about an event at Evergreen State College that was planning protests at the Democratic and Republican conventions last year, according to Democracy Now.

“This is just the tip of the iceberg,” Dunn told Amy Goodman. “I have no clue what’s below the water.”

For more information on hundreds of similar incidents, go to McCarthyism Watch at The Progressive’s website.

Published on Tuesday, July 28, 2009 by The Progressive
by Matthew Rothschild

Find this story at 28 July 2009

© 2009 The Progressive

I can now confirm that the reason why the CIA could not locate its file on Noam Chomsky, despite the fact that the CIA had in fact maintained records on him, is that the CIA destroyed them and, unfortunately in my view, the destruction was authorized by the Archivist of the United States.

As background, in an earlier post “More CIA Records on Noam Chomsky the CIA Could Not Find” I analyzed some additional CIA records (see, e.g., here from 1967, here, here, and here from 1970, and here from 1971) showing that the CIA was documenting the activities of Noam Chomsky as part of the CIA’s CHAOS/MHCHAOS program. Importantly, those documents were located in the “Segregated Collection” of CIA records that were provided to the House Select Committee on Assassinations established in 1976 to investigate the assassinations of JFK and MLK, which are available in full-text search from the Mary Ferrell Foundation.

My post was a follow-up to John Hudson’s earlier piece in Foreign Policy called “Exclusive: After Multiple Denials, CIA Admits to Snooping on Noam Chomsky” that was based on a CIA document obtained via a FOIA request to the FBI by Kel McClanahan at National Security Counselors on behalf of Chomsky biographer Fredric Maxwell after the CIA had repeatedly denied possession any such records.

The new piece of the puzzle, just obtained via FOIA, is this CIA records control schedule, NC1-263-78-1, signed by then Archivist James B. Rhoads in March 1978 approving a “Request for immediate disposal” of thousands of CIA files on U.S. citizens “and the index related to these collections which were established under project CHAOS during the period 1967-1974.” The schedule notes that the “files were opened to maintain information bearing on possible foreign Communist exploitation of dissention in the United States, primarily concerning the Vietnam War. Subject of the folders were U.S. citizens and organizations involved in dissident activities in the United States.”

The schedule actually quantifies these files noting there were “8,328 folders on individual U.S. persons (citizens, resident aliens) and 2,196 volumes consisting of official and ‘soft’ subject files and so-called sensitive files (i.e., organizations/activities).” The CIA only requested immediate destruction of 7,840 of the files and was retaining the other 488, because it had deemed them to be of “continuing foreign intelligence or counter-intelligence interest.” The schedule also excludes records that were, at the time, subject to FOIA or Privacy Act requests.

The schedule explains why the CIA denied having any such records and why the CIA records on Chomsky have been found in collections outside the CIA. Moreover, on its face, this approved records schedule made the destruction of the records consistent with the procedure outlined in the statutes collectively referred to as the Federal Records Act (although it is not conclusive as courts can, and have, found that even records schedules fail to comply with the federal records laws (see, e.g., American Friends Serv. Comm. v. Webster, 720 F.2d 29, 65-67 (D.C. Cir. 1983)).

The bigger issue, as I suggested in my earlier post, is that the incomplete story of the CIA’s creation, maintenance, and then destruction of its Noam Chomsky file highlights yet again a crucial question that needs attention and discussion in the ongoing debate over NSA surveillance files (previously discussed here). Namely, the drive for “purging” surveillance data and “minimization” procedures purportedly designed to “protect privacy” needs to be balanced against the value of retaining government surveillance files (or some portion thereof) for long-term accountability purposes. We now know that the CIA destroyed its file on Noam Chomsky based on a records schedule that cites the Privacy Act as justification, but that destruction also had the effect of creating, for years, the false impression that the CIA had never had such a file in the first place. There has to be a middle path that both protects privacy and also preserves accountability.

Wednesday, February 26, 2014

Find this story at 26 February 2014

copyright docexblog.com

For years, the Central Intelligence Agency denied it had a secret file on MIT professor and famed dissident Noam Chomsky. But a new government disclosure obtained by The Cable reveals for the first time that the agency did in fact gather records on the anti-war iconoclast during his heyday in the 1970s.
The disclosure also reveals that Chomsky’s entire CIA file was scrubbed from Langley’s archives, raising questions as to when the file was destroyed and under what authority.
The breakthrough in the search for Chomsky’s CIA file comes in the form of a Freedom of Information Act (FOIA) request to the Federal Bureau of Investigation. For years, FOIA requests to the CIA garnered the same denial: “We did not locate any records responsive to your request.” The denials were never entirely credible, given Chomsky’s brazen anti-war activism in the 60s and 70s — and the CIA’s well-documented track record of domestic espionage in the Vietnam era. But the CIA kept denying, and many took the agency at its word.
Now, a public records request by Chomsky biographer Fredric Maxwell reveals a memo between the CIA and the FBI that confirms the existence of a CIA file on Chomsky.
Dated June 8, 1970, the memo discusses Chomsky’s anti-war activities and asks the FBI for more information about an upcoming trip by anti-war activists to North Vietnam. The memo’s author, a CIA official, says the trip has the “ENDORSEMENT OF NOAM CHOMSKY” and requests “ANY INFORMATION” about the people associated with the trip.
After receiving the document, The Cable sent it to Athan Theoharis, a professor emeritus at Marquette University and an expert on FBI-CIA cooperation and information-gathering.
“The June 1970 CIA communication confirms that the CIA created a file on Chomsky,” said Theoharis. “That file, at a minimum, contained a copy of their communication to the FBI and the report on Chomsky that the FBI prepared in response to this request.”
The evidence also substantiates the fact that Chomsky’s file was tampered with, says Theoharis. “The CIA’s response to the FOIA requests that it has no file on Chomsky confirms that its Chomsky file was destroyed at an unknown time,” he said.
It’s worth noting that the destruction of records is a legally treacherous activity. Under the Federal Records Act of 1950, all federal agencies are required to obtain advance approval from the national Archives for any proposed record disposition plans. The Archives is tasked with preserving records with “historical value.”
“Clearly, the CIA’s file, or files, on Chomsky fall within these provisions,” said Theoharis.
It’s unclear if the agency complied with protocols in the deletion of Chomsky’s file. The CIA declined to comment for this story.
What does Chomsky think? When The Cable presented him with evidence of his CIA file, the famous linguist responded with his trademark cynicism.
“Some day it will be realized that systems of power typically try to extend their power in any way they can think of,” he said. When asked if he was more disturbed by intelligence overreach today (given the latest NSA leaks) or intelligence overreach in the 70s, he dismissed the question as an apples-to-oranges comparison.
“What was frightening in the ‘60s into early ‘70s was not so much spying as the domestic terror operations, COINTELPRO,” he said, referring to the FBI’s program to discredit and infiltrate domestic political organizations. “And also the lack of interest when they were exposed.”
Regardless,, the destruction of Chomsky’s CIA file raises an even more disturbing question: Who else’s file has evaporated from Langley’s archives? What other chapters of CIA history will go untold?
“It is important to learn when the CIA decided to destroy the Chomsky file and why they decided that it should be destroyed,'” said Theoharis. “Undeniably, Chomsky’s was not the sole CIA file destroyed. How many other files were destroyed?”

1170848-001 – 2013-04-11 – FBI – CIA response

BY JOHN HUDSON AUGUST 13, 2013 – 05:18 AM

Find this story at 13 August 2013

Copyright thecable.foreignpolicy.com

At a secret black site in the years after the end of WWII, CIA and US intelligence operatives tested LSD and other interrogation techniques on captured Soviet spies—all with the help of former Nazi doctors. An excerpt from Annie Jacobsen’s Operation Paperclip, published this week.

It was 1946 and World War II had ended less than one year before. In Top Secret memos being circulated in the elite ‘E’ ring of the Pentagon, the Joint Chiefs of Staff were preparing for ‘total war’ with the Soviets—to include atomic, chemical, and biological warfare. They even set an estimated start date of 1952. The Joint Chiefs believed that the U.S. could win this future war, but not for reasons that the general public knew about. Since war’s end, across the ruins of the Third Reich, U.S. military officers had been capturing and then hiring Hitler’s weapons makers, in a Top Secret program that would become known as Operation Paperclip. Soon, more than 1,600 of these men and their families would be living the American dream, right here in the United States. From these Nazi scientists, U.S. military and intelligence organizations culled knowledge of Hitler’s most menacing weapons including sarin gas and weaponized bubonic plague.

As the Cold War progressed, the program expanded and got stranger still. In 1948, Operation Paperclip’s Brigadier General Charles E. Loucks, Chief of U.S. Chemical Warfare Plans in Europe, was working with Hitler’s former chemists when one of the scientists, Nobel Prize winner Richard Kuhn, shared with General Loucks information about a drug with military potential being developed by Swiss chemists. This drug, a hallucinogen, had astounding potential properties if successfully weaponized. In documents recently discovered at the U.S. Army Heritage Center in Pennsylvania, Loucks quickly became enamored with the idea that this drug could be used on the battlefield to “incapacitate not kill.” The drug was Lysergic acid diethylamide, or LSD.

It did not take long for the CIA to become interested and involved. Perhaps LSD could also be used for off-the-battlefield purposes, a means through which human behavior could be manipulated and controlled. In an offshoot of Operation Paperclip, the CIA teamed up with Army, Air Force and Naval Intelligence to run one of the most nefarious, classified, enhanced interrogation programs of the Cold War. The work took place inside a clandestine facility in the American zone of occupied Germany, called Camp King. The facility’s chief medical doctor was Operation Paperclip’s Dr. Walter Schreiber, the former Surgeon General of the Third Reich. When Dr. Schreiber was secretly brought to America—to work for the U.S. Air Force in Texas—his position was filled with another Paperclip asset, Dr. Kurt Blome, the former Deputy Surgeon General of the Third Reich and the man in charge of the Nazi’s program to weaponize bubonic plague. The activities that went on at Camp King between 1946 and the late 1950s have never been fully accounted for by either the Department of Defense or the CIA.

Camp King was strategically located in the village of Oberursel, eleven miles northwest of the United States European Command (EUCOM) headquarters in Frankfurt. Officially the facility had three names: the U.S. Military Intelligence Service Center at Oberursel, the 7707th European Command Intelligence Center, and Camp King. In 1945, the place housed captured Nazis but by 1948 most of its prisoners were Soviet bloc spies. For more than a decade Camp King would function as a Cold War black site long before black sites were known as such—an ideal facility to develop enhanced interrogation techniques in part because it was “off-site” but mainly because of its access to Soviet prisoners.

It was an international crisis in June of 1948 that gave Operation Paperclip momentum at Camp King. Early on the morning of June 24, the Soviets cut off all land and rail access to the American zone in Berlin, an action that would become known as the Berlin Blockade. “The Soviet blockade of Berlin in 1948 clearly indicated that the wartime alliance [between the Soviets and the United States] had dissolved,” explained CIA deputy director for operations Jack Downing. “Germany then became a new battlefield between east and west.”“In our conversation of 9 February 1951, I outlined to you the possibilities of augmenting the usual interrogation methods by the use of drugs, hypnosis, shock, etc., and emphasized the defensive aspects as well as the offensive opportunities in this field of applied medical science,” wrote Dulles.
At this time, the CIA believed the Soviets were pursing mind control programs—supposedly a means of getting captured spies to talk—and the Agency wanted to know what it would be up against if the Russians got hold of its American spies. Since the end of the war, the various U.S. military branches had developed advanced air, land and sea rescue programs, based in part by research conducted by Nazi doctors during the war. But the Soviets had also made great advances in rescue programs and this presented a serious, new concern for the Pentagon and the CIA. If a downed U.S. pilot or soldier was rescued and captured by the Russians, that person would almost certainly be subjected to unconventional Soviet interrogation techniques. In an attempt to determine what kinds of Soviet techniques might be used, a research program was set up at Camp King. Documents obtained through the Freedom of Information Act (FOIA) reveal that the U.S. developed its post-war enhanced interrogation techniques here at Camp King, under the CIA code name Operation Bluebird.

Initially, Bluebird was to be a so-called “defensive” program. Officers were instructed “to apply special methods of interrogation for the purpose of evaluation of Russian practices,” only. In other words, to merely mimic Soviet techniques. But it did not take long for the CIA to decide that the best defense is offense, and the Agency began developing enhanced interrogation techniques of its own. FOIA documents reveal that the CIA saw LSD as a potential, “truth serum.” What if its officers could drug captured Soviet spies, interrogate them using LSD, and somehow make them forget that they’d talked? Inside Camp King, the LSD program was expanded and given a new code name.

“Bluebird was rechristened Artichoke,” writes John Marks, a former State Department official and authority on the CIA’s mind control programs. The goal of the Artichoke interrogation program, Marks explains, was “modifying behavior through covert means.” According to the program’s administrator, Richard Helms—the future director of the CIA—using drugs like LSD were a means to that end. “We felt that it was our responsibility not to lag behind the Russians or the Chinese in this field, and the only way to find out what the risks were was to test things such as LSD and other drugs that could be used to control human behavior,” Helms later told journalist David Frost, in an interview, in 1978. Soon, other U.S. intelligence agencies were brought on board to help conduct these controversial interrogation experiments at Camp King. As declassified dossiers reveal, with them they brought Nazi scientists from Operation Paperclip.

‘Operation Paperclip: The Secret Intelligence Program that Brougt Nazi Scientists to America’ By Annie Jacobsen. 592 pages. Little, Brown and Company. $30. ()

Back in the United States, the CIA teamed up with the Army Chemical Corps at Camp Detrick, in Maryland, to conduct further research and development on the chemistry of mind-altering drugs. Scientists and field agents were culled from a pool of senior Army bacteriologists and chemists, then assigned to a unit called the Special Operations Division, a division of the CIA. The men worked inside a classified facility, designated Building No. 439, a one-story concrete-block building set among similar-looking buildings at Camp Detrick so as to blend in. Almost no one outside the Special Operations Division knew about the Top Secret work going on inside. One of these field agents was Dr. Harold Batchelor, the Army scientist in charge of consultations with Nazi doctor and former Deputy Surgeon General of the Third Reich, Dr. Kurt Blome. Another Special Operations Division agent was Dr. Frank Olson, a former army officer and bacteriologist turned agency operative whose sudden demise—by covert LSD poisoning—in 1953 would nearly bring down the CIA. Batchelor and Olson were assigned to the program at Camp King, where Dr. Blome was chief physician. Their assignment, according to documents obtained through the FOIA and interviews with Olson’s former partner, Norman Cournoyer, was to use unconventional interrogation techniques on Soviet prisoners, including dosing them with LSD.

In April 1950, Frank Olson was issued a diplomatic passport. Olson was not a diplomat; the passport allowed him to carry items in a diplomatic pouch that would not be subject to searches by customs officials. Frank Olson began taking trips to Germany, flying to Frankfurt and making the short drive out to Camp King. In one of the rare, surviving official documents from the program, Deputy Director of Central Intelligence Allen Dulles sent a secret memo to Richard Helms and CIA Deputy Director for Plans Frank Wisner regarding the specific kinds of interrogation techniques that would be used. “In our conversation of 9 February 1951, I outlined to you the possibilities of augmenting the usual interrogation methods by the use of drugs, hypnosis, shock, etc., and emphasized the defensive aspects as well as the offensive opportunities in this field of applied medical science,” wrote Dulles. “The enclosed folder, ‘Interrogation Techniques,’ was prepared in my Medical Division to provide you with a suitable background.” Camp King was the perfect location to conduct these radical trials. Overseas locations were preferred for Artichoke interrogations, explained Dulles, since foreign governments “permitted certain activities which were not permitted by the United States government (i.e. anthrax etc.).”

The next trip on record made by Frank Olson occurred on June 12, 1952. Frank Olson arrived at Frankfurt from the Hendon military airport in England and made the short drive west into Oberursel. There, Artichoke interrogation experiments were taking place at a safe house called Haus Waldorf. “Between 4 June 1952 and 18 June 1952, an IS&O [CIA Inspection and Security Office] team… applied Artichoke techniques to two operational cases in a safe house,” explains an Artichoke memorandum, written for CIA Director Dulles, and one of the few action memos on record not destroyed by Richard Helms when he was CIA director. The two individuals being interrogated at the Camp King safe house “could be classed as experienced, professional type agents and suspected of working for Soviet Intelligence.” These were Soviet spies captured by the Nazi spy ring, the Gehlen Organization, now being run by the CIA. “In the first case, light dosages of drugs coupled with hypnosis were used to induce a complete hypnotic trance,” the memo reveals. “This trance was held for approximately one hour and forty minutes of interrogation with a subsequent total amnesia produced.” The plan for the enhanced interrogation program was meant to be straightforward: drug the spies, interrogate the spies, and give them amnesia to make them forget. Instead, the program produced questionable results and evolved into one of the most notorious CIA programs of the Cold War, MKULTRA.

LSD, the drug that induces paranoia and unpredictability and makes people see things that are really not there, would become its own strange allegory for the Cold War. Its potential use as a truth serum would also become a cautionary tale. One CIA report, declassified and shared with Congress decades later, in 1977, expressed Agency fears about Soviets plans to use LSD against Americans during the Cold War: “the Soviets purchased a large quantity of LSD-25 from the Sandoz [Pharmaceutical] Company [the only supplier of LSD at the time]… reputed to be sufficient for 50 million doses,” the report read. The CIA believed the Soviets might drug millions of Americans with LSD, through the U.S. water system, in a covert, psy-ops attack.

Or so the CIA thought. A later analysis of the information revealed that the CIA analyst working on the report made a decimal point error while performing dosage calculations. The Soviets had in fact purchased enough LSD from Sandoz for a few thousand tests—a far cry from 50 million.

It was a bizarre plan, in a foreign place, during a strange time. The Cold War had become a battlefield marked by doublespeak. Disguise, distortion, and deception were accepted as reality. Truth was promised in a serum. And Operation Paperclip, born of the ashes of World War II, was the inciting incident in this hall of mirrors. As it grew, it created monsters of its own.

02.11.14 Annie Jacobsen

Find this story at 11 February 2014

© 2014 The Daily Beast Company LLC

The United States recruited Nazi scientists after the end of World War II and put them to work on secret military and intelligence programs during the Cold War — that is the astonishing topic of a new book published this week.

In “Operation Paperclip: The Secret Intelligence Program that Brought Nazi Scientists to America,” journalist Annie Jacobsen documents how the Joint Chiefs of Staff brought more than 1,600 German scientists to work for the U.S. after 1945.

The book describes the roles of 21 Nazi scientists who were part of Operation Paperclip, drawing on declassified intelligence and historical records to detail their startling role in America’s Cold War effort. According to Jacobson, the scientists had helped Adolf Hitler to develop weapons such as sarin gas and weaponized bubonic plague, and several had even stood trial for war crimes.

But the U.S. military was consumed by a new looming menace, the prospect of ‘total war’ with the Soviets post WWII. “Operation Paperclip” employed the scientific brainpower of the Third Reich to help develop America’s arsenal of rockets and chemical and biological weapons, as well as aviation and space medicine.

The intelligence community saw another use for the Nazi scientists, Jacobson adds. They were running a secret black site in Germany to test the effects of LSD on captured Soviet spies, part of the Cold War battle to stay ahead in the art of mind-control.

Jacobsen explains in an excerpt of the book published on The Daily Beast:
In an offshoot of Operation Paperclip, the CIA teamed up with Army, Air Force and Naval Intelligence to run one of the most nefarious, classified, enhanced interrogation programs of the Cold War. The work took place inside a clandestine facility in the American zone of occupied Germany, called Camp King. The facility’s chief medical doctor was Operation Paperclip’s Dr. Walter Schreiber, the former Surgeon General of the Third Reich. When Dr. Schreiber was secretly brought to America—to work for the U.S. Air Force in Texas—his position was filled with another Paperclip asset, Dr. Kurt Blome, the former Deputy Surgeon General of the Third Reich and the man in charge of the Nazi’s program to weaponize bubonic plague. The activities that went on at Camp King between 1946 and the late 1950s have never been fully accounted for by either the Department of Defense or the CIA.

“Does accomplishment cancel out past crimes?” Jacobsen asks in her book, noting that several Nazi scientists were celebrated with awards in America, and one had a government building named after him.

She writes: “Some officials believed that by endorsing the Paperclip program they were accepting the lesser of two evils – that if America didn’t recruit these scientists, the Soviet Communists surely would. Other generals and colonels admired and respected these men and said so.”

Posted: 02/13/2014 10:09 am EST Updated: 02/13/2014 1:00 pm EST

Find this story at 13 February 2014

Copyright huffingtonpost.com

As the Allied troops advanced through France in November 1944, three experts in biological weapons huddled, by candlelight, in a grand apartment in Strasbourg, France, guarded by US soldiers.

The scientists were poring through documents left behind by Dr. Eugen Haagen, a high-ranking Nazi who specialized in weaponizing deadly viruses. They were looking for evidence of the Third Reich’s progress in atomic and biochemical warfare; what they found were chronicles of devastating carnage.

“Of the 100 prisoners you sent me, 18 died in transport,” Haagen wrote in a memo dated Nov. 15, 1943. “Only 12 are in a condition suitable for my experiments. I therefore request that you send me another 100 prisoners, between 20 and 40 years of age, who are healthy and in a physical condition comparable to soldiers. Heil Hitler.”
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Hermann Oberth (forefront) with officials of the Army Ballistic Missile Agency at Huntsville, Alabama in 1956.
Photo: Corbis

Haagen was once a world-renowned genius who had won a fellowship from the Rockefeller Foundation in New York City, who had been shortlisted for a Nobel Prize, who helped create the first vaccine for yellow fever. Yet here was evidence that he — and could it only have been just one doctor? — had been conducting medical experiments on live humans.

Samuel Goudsmit, leader of this investigative unit, made a list. Haagen was at the top, and he added any names referenced or copied on Haagen’s memos, including Dr. Kurt Blome, the Third Reich’s deputy surgeon general, and Walter Schreiber, the surgeon general. These men were now among America’s most wanted — but not in the way one might assume.

Within the year, hundreds of the Third Reich’s upper echelon would be relocated to the United States, where they would be given excellent jobs, healthy salaries, and all the benefits of living in a free society.
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The von Braun rocket team is congratulated by Nazi brass in 1942
Photo: Corbis

It was a secret program known as Paperclip, and it remains one of the most complicated and controversial epochs in American history. And, still, one of the most classified.

In her new book “Operation Paperclip: The Secret Intelligence Program to Bring Nazi Scientists to America” (Little, Brown and Company), author Annie Jacobsen uses newly released documents, court transcripts, and family-held archives to give the fullest accounting yet of this endeavor — one shared by the British, the French, and the Russians, all of whom enlisted and embraced top Nazis.

Wernher von Braun, the Nazi scientist crucial to the development of the V-2 rocket — which held a payload of 2,000 pounds and flew five times beyond the speed of sound — saw it coming: In March 1945, he conscripted two friends to stash his most important research out in an abandoned mine; when Germany lost, von Braun said, he’d use these documents to broker a new life in the United States.

He knew that no matter what atrocities were eventually discovered, no major world power would refuse the technological advances made by the Nazis — nor could they afford not to know how to combat them, vaccinate against them, outpace them.

That same year, the Department of Defense created a top-secret, elite task force called the Joint Intelligence Objectives Agency, or JOIA. They were subordinate to the Joint Intelligence Committee, which briefed the Joint Chiefs of Staff on national security threats.

“To understand the mind-set of the Joint Intelligence Committee,” Jacobsen writes, “consider this: Within one year of the atomic bombing of Hiroshima and Nagasaki, the JIC warned the Joint Chiefs of Staff that the United States needed to prepare for ‘total war’ with the Soviets — to include atomic, chemical, and biological warfare — and they even set an estimated start date of 1952.”

As of May 1945, Werner von Braun was No. 1 on America’s list for desired Nazi rocket scientists. When he surrendered to US forces on May 2 — having voluntarily decamped from a luxury ski resort in the Alps — von Braun and his colleagues were treated to a hearty breakfast of eggs, coffee and bread, then given freshly made beds in which to sleep.
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President Truman ‘was not made aware of the initiative’
Photo: Harry S. Truman Library

“I did not expect to be kicked in the teeth,” von Braun later told an American reporter. “The V-2 was something we had and you didn’t have. Naturally, you wanted to know all about it.”

Also at the top of the list was Dr. Kurt Blome, Hitler’s head of cancer research and a diehard Nazi. He was discovered at a checkpoint on May 17, 1945, and in his initial interrogation, Blome admitted that he had seen experiments “which led to later atrocities e.g. mass sterilization, gassing of Jews.”

Then came the capture of Georg Rickhey, an expert on the Third Reich’s impenetrable underground bunkers. Rickhey was interrogated by Col. Peter Beasley, who told him, “As an American officer, I want my country to have full possession of all your knowledge. To my superiors, I shall recommend that you be taken to the United States.”

Among those tasked with finding and apprehending the most wanted men in the Third Reich — and the number of government agencies that became involved — there was deep discord about the morality of Operation Paperclip.

Jacobsen accessed the transcript of a volatile meeting, secretly recorded, at the War Department. The names were redacted.

“One of the ground rules for bringing them over,” said one general, “is that it will be temporary, and at the return of their exploitation they will be sent back to Germany.”

“I’m opposed,” said another general. “And Pop Powers [nickname of an unknown official] is opposed, the whole War Department is opposed.”

It didn’t matter. Unofficial US policy held that it was imperative to secretly procure those Nazis who could accelerate America’s scientific, technological and economic advancement.

This was an increasingly delicate operation. On May 7, 1945, Life magazine had run a series of photos from the concentration camps, and the official US line held that countries such as Uruguay and Argentina, which were welcoming Nazi refugees, should turn them over to stand trial.

Simultaneously, the US government was learning more and more about just what the Nazis had done: the extermination of millions of Jews; the mass sterilization, the live experiments and operations conducted without anesthesia on humans code-named “adult pigs,” the systematic yanking of gold teeth, the slave labor and starvation, the drowning of men in ice-cold tubs and the many failed attempts to resurrect them, the exploding bodies forced into high-altitude chambers in efforts to master space flight.

“German science presents a grim spectacle,” wrote Dr. Leopold Alexander, a Viennese Jew who immigrated to the US in 1933. When the US entered the war, Alexander enlisted, and at its end was sent to Germany to determine what the Nazis had wrought and learned medically.
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Wernher von Braun holds a model rocket Aug. 5, 1955, at the Pentagon in Washington.
Photo: AP

“Grim for many reasons,” he continued. “First it became incompetent and then it was drawn into the maelstrom of depravity of which this country reeks — the smell of concentration camps, the smell of violent death, torture and suffering.”

He went on to call the Third Reich’s experimentation “really depraved pseudoscientific criminality . . . It sometimes seems as if the Nazis had taken special pains in making practically every nightmare come true.”

Meanwhile, the Allies held elite Nazis in two luxurious locales: the Palace Hotel in Luxembourg, renamed “Ashcan,” and Crane Mountain Castle in Hesse, Germany, renamed “Dustbin.”

Here, the most warped and wicked Nazis lounged in well-appointed rooms, strolled through apple orchards, played chess, smoked and drank, and gave each other lectures in grand halls. In the mornings, Hitler’s doctor taught a workout class.

In June 1945, officers at Dustbin put out an alert for Dr. Otto Ambros, valuable for his work with toxic gases — specifically tabun, developed by the Nazis and a chemical far more lethal than sarin. Ambros was picked up by an American soldier, who then drove him to a meeting in Heidelberg with members of the US Chemical Warfare Service.

So comfortable were these negotiations that when the US contingent told Ambros to retrieve the documents relating to tabun production, they let him drive off on his own. Ambros never returned; instead, he fled to an area controlled by the French, who let him return to civilian life in Germany.

The War Department moved quickly. In July, they made their top-secret project official, circulating a memo titled “Exploitation of German Specialists in Science and Technology in the United States.”

Jacobsen writes that President Truman “was not made aware of the initiative,” which was initially known as Operation Overcast.

Months later, when the War Department began tagging the files of their most reprehensible Nazi recruits with paper clips as intra-office code — these Nazis were truly to be smuggled in, made known to no other bureaucracies — the program became known as Operation Paperclip.

Meanwhile, Truman ordered the Department of Commerce to propagandize the advances made by the Nazis, ones that were now making Americans’ lives easier, more comfortable: Women could buy stockings that wouldn’t run, butter churned so fast and juice now sterilized so simply that there would be an abundance for all. Electrical equipment that had once been the size of crates was no bigger than your smallest finger.
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William Picketing, James Van Allen, and Wernher von Braun (L to R) brandish a model of the first American satellite “Explorer 1″, 31 January 1958.
Photo: OFF/AFP/Getty Images

By January 1946, two months after the Nuremberg trials had begun, there were more than 160 Nazis — many with their families — living and working in the United States.

A good number were housed at a facility called Hilltop in Dayton, Ohio, where many complained they were little more than “caged animals.” The US military scientists working alongside them were disgusted by their new colleagues, expressing “emotions . . . ranging from vehemence to frustration.”

The other group — at 115, the largest — was a team of rocket scientists held on Fort Bliss in Texas. Their leader was Wernher von Braun, who, it turned out, really loved America. He was enthralled with the desert and the open-air jeeps driven by Army personnel. He became an evangelical Christian. He was permitted to return to Germany to marry his 18-year-old cousin — von Braun was 46 — and bring her back to the US. If he had one complaint, it was his research budget.

As he later said, while working for the Third Reich “we’d been coddled. Here they were counting pennies.”

In November 1946, shortly after 10 Nazis were executed at Nuremberg by US Master Sgt. John C. Woods (“I hanged those 10 Nazis . . . and I am proud of it”), news broke that the US had smuggled hundreds of Nazis into the country, and that about 1,000 more were coming. (The final count was close to 1,600.) The government attempted damage control, then message control: These men, so mild-mannered with their silver hair and American sport jackets, had never been members of the Nazi party. The Army disseminated pictures of the men and their families engaged in wholesome outdoor activities, and any reporter requesting an interview had to submit their copy, pre-publication, to the army for approval.

Not everyone was fooled. Eleanor Roosevelt publicly decried the program, as did Albert Einstein. By March 1947, Paperclip had generated such lacerating public opinion that General Eisenhower, then the US Army chief of staff, demanded a briefing. It lasted 20 minutes, and upon emerging, Eisenhower said he approved of the project.

The legacy of Paperclip, Jacobsen writes, speaks to the triumph of pragmatism and self-interest above unthinkable atrocity.

Wernher von Braun helped get us to the moon; in the years before the landing, he was photographed with President Kennedy. Heinrich Rose and Konrad Buttner, two hardcore Nazis, conducted experiments for the US on how best to protect soldiers in atomic warfare.

Today, the Space Medicine Association and the National Space Club continue to bestow awards named after Nazis. When Jacobsen asked Steve Griffin, head of the National Space Club, why they memorialize Nazi Kurt Debus in this way, he was dispassionate and logical.

“Simple as it is,” he said, “Kurt Debus is an honored American.”

By Maureen Callahan February 1, 2014 | 12:29pm

 Find this story at 1 February 2014

© 2014 NYP Holdings, Inc.

WASHINGTON — A secret history of the United States government’s Nazi-hunting operation concludes that American intelligence officials created a “safe haven” in the United States for Nazis and their collaborators after World War II, and it details decades of clashes, often hidden, with other nations over war criminals here and abroad.

The 600-page report, which the Justice Department has tried to keep secret for four years, provides new evidence about more than two dozen of the most notorious Nazi cases of the last three decades.

It describes the government’s posthumous pursuit of Dr. Josef Mengele, the so-called Angel of Death at Auschwitz, part of whose scalp was kept in a Justice Department official’s drawer; the vigilante killing of a former Waffen SS soldier in New Jersey; and the government’s mistaken identification of the Treblinka concentration camp guard known as Ivan the Terrible.

The report catalogs both the successes and failures of the band of lawyers, historians and investigators at the Justice Department’s Office of Special Investigations, which was created in 1979 to deport Nazis.

Perhaps the report’s most damning disclosures come in assessing the Central Intelligence Agency’s involvement with Nazi émigrés. Scholars and previous government reports had acknowledged the C.I.A.’s use of Nazis for postwar intelligence purposes. But this report goes further in documenting the level of American complicity and deception in such operations.

The Justice Department report, describing what it calls “the government’s collaboration with persecutors,” says that O.S.I investigators learned that some of the Nazis “were indeed knowingly granted entry” to the United States, even though government officials were aware of their pasts. “America, which prided itself on being a safe haven for the persecuted, became — in some small measure — a safe haven for persecutors as well,” it said.

The report also documents divisions within the government over the effort and the legal pitfalls in relying on testimony from Holocaust survivors that was decades old. The report also concluded that the number of Nazis who made it into the United States was almost certainly much smaller than 10,000, the figure widely cited by government officials.

The Justice Department has resisted making the report public since 2006. Under the threat of a lawsuit, it turned over a heavily redacted version last month to a private research group, the National Security Archive, but even then many of the most legally and diplomatically sensitive portions were omitted. A complete version was obtained by The New York Times.

The Justice Department said the report, the product of six years of work, was never formally completed and did not represent its official findings. It cited “numerous factual errors and omissions,” but declined to say what they were.

More than 300 Nazi persecutors have been deported, stripped of citizenship or blocked from entering the United States since the creation of the O.S.I., which was merged with another unit this year.

In chronicling the cases of Nazis who were aided by American intelligence officials, the report cites help that C.I.A. officials provided in 1954 to Otto Von Bolschwing, an associate of Adolph Eichmann who had helped develop the initial plans “to purge Germany of the Jews” and who later worked for the C.I.A. in the United States. In a chain of memos, C.I.A. officials debated what to do if Von Bolschwing were confronted about his past — whether to deny any Nazi affiliation or “explain it away on the basis of extenuating circumstances,” the report said.

The Justice Department, after learning of Von Bolschwing’s Nazi ties, sought to deport him in 1981. He died that year at age 72.

The report also examines the case of Arthur L. Rudolph, a Nazi scientist who ran the Mittelwerk munitions factory. He was brought to the United States in 1945 for his rocket-making expertise under Operation Paperclip, an American program that recruited scientists who had worked in Nazi Germany. (Rudolph has been honored by NASA and is credited as the father of the Saturn V rocket.)

The report cites a 1949 memo from the Justice Department’s No. 2 official urging immigration officers to let Rudolph back in the country after a stay in Mexico, saying that a failure to do so “would be to the detriment of the national interest.”

Justice Department investigators later found evidence that Rudolph was much more actively involved in exploiting slave laborers at Mittelwerk than he or American intelligence officials had acknowledged, the report says.

Some intelligence officials objected when the Justice Department sought to deport him in 1983, but the O.S.I. considered the deportation of someone of Rudolph’s prominence as an affirmation of “the depth of the government’s commitment to the Nazi prosecution program,” according to internal memos.

The Justice Department itself sometimes concealed what American officials knew about Nazis in this country, the report found.

In 1980, prosecutors filed a motion that “misstated the facts” in asserting that checks of C.I.A. and F.B.I. records revealed no information on the Nazi past of Tscherim Soobzokov, a former Waffen SS soldier. In fact, the report said, the Justice Department “knew that Soobzokov had advised the C.I.A. of his SS connection after he arrived in the United States.”

(After the case was dismissed, radical Jewish groups urged violence against Mr. Soobzokov, and he was killed in 1985 by a bomb at his home in Paterson, N.J. )

The secrecy surrounding the Justice Department’s handling of the report could pose a political dilemma for President Obama because of his pledge to run the most transparent administration in history. Mr. Obama chose the Justice Department to coordinate the opening of government records.

The Nazi-hunting report was the brainchild of Mark Richard, a senior Justice Department lawyer. In 1999, he persuaded Attorney General Janet Reno to begin a detailed look at what he saw as a critical piece of history, and he assigned a career prosecutor, Judith Feigin, to the job. After Mr. Richard edited the final version in 2006, he urged senior officials to make it public but was rebuffed, colleagues said.

When Mr. Richard became ill with cancer, he told a gathering of friends and family that the report’s publication was one of three things he hoped to see before he died, the colleagues said. He died in June 2009, and Attorney General Eric H. Holder Jr. spoke at his funeral.

“I spoke to him the week before he died, and he was still trying to get it released,” Ms. Feigin said. “It broke his heart.”

After Mr. Richard’s death, David Sobel, a Washington lawyer, and the National Security Archive sued for the report’s release under the Freedom of Information Act.

The Justice Department initially fought the lawsuit, but finally gave Mr. Sobel a partial copy — with more than 1,000 passages and references deleted based on exemptions for privacy and internal deliberations.

Laura Sweeney, a Justice Department spokeswoman, said the department is committed to transparency, and that redactions are made by experienced lawyers.

The full report disclosed that the Justice Department found “a smoking gun” in 1997 establishing with “definitive proof” that Switzerland had bought gold from the Nazis that had been taken from Jewish victims of the Holocaust. But these references are deleted, as are disputes between the Justice and State Departments over Switzerland’s culpability in the months leading up to a major report on the issue.

Another section describes as “a hideous failure” a series of meetings in 2000 that United States officials held with Latvian officials to pressure them to pursue suspected Nazis. That passage is also deleted.

So too are references to macabre but little-known bits of history, including how a director of the O.S.I. kept a piece of scalp that was thought to belong to Dr. Mengele in his desk in hopes that it would help establish whether he was dead.

The chapter on Dr. Mengele, one of the most notorious Nazis to escape prosecution, details the O.S.I.’s elaborate efforts in the mid-1980s to determine whether he had fled to the United States and might still be alive.

It describes how investigators used letters and diaries apparently written by Dr. Mengele in the 1970s, along with German dental records and Munich phone books, to follow his trail.

After the development of DNA tests, the piece of scalp, which had been turned over by the Brazilian authorities, proved to be a critical piece of evidence in establishing that Dr. Mengele had fled to Brazil and had died there in about 1979 without ever entering the United States, the report said. The edited report deletes references to Dr. Mengele’s scalp on privacy grounds.

Even documents that have long been available to the public are omitted, including court decisions, Congressional testimony and front-page newspaper articles from the 1970s.

A chapter on the O.S.I.’s most publicized failure — the case against John Demjanjuk, a retired American autoworker who was mistakenly identified as Treblinka’s Ivan the Terrible — deletes dozens of details, including part of a 1993 ruling by the United States Court of Appeals for the Sixth Circuit that raised ethics accusations against Justice Department officials.

That section also omits a passage disclosing that Latvian émigrés sympathetic to Mr. Demjanjuk secretly arranged for the O.S.I.’s trash to be delivered to them each day from 1985 to 1987. The émigrés rifled through the garbage to find classified documents that could help Mr. Demjanjuk, who is currently standing trial in Munich on separate war crimes charges.

Ms. Feigin said she was baffled by the Justice Department’s attempt to keep a central part of its history secret for so long. “It’s an amazing story,” she said, “that needs to be told.”

New York Times, November 12, 2010

By Eric Lichtblau

Find this story at 12 November 2010

The report

Copyright New York Times 2010

Top-secret documents from the National Security Agency and its British counterpart reveal for the first time how the governments of the United States and the United Kingdom targeted WikiLeaks and other activist groups with tactics ranging from covert surveillance to prosecution.

The efforts – detailed in documents provided previously by NSA whistleblower Edward Snowden – included a broad campaign of international pressure aimed not only at WikiLeaks founder Julian Assange, but at what the U.S. government calls “the human network that supports WikiLeaks.” The documents also contain internal discussions about targeting the file-sharing site Pirate Bay and hacktivist collectives such as Anonymous.

One classified document from Government Communications Headquarters, Britain’s top spy agency, shows that GCHQ used its surveillance system to secretly monitor visitors to a WikiLeaks site. By exploiting its ability to tap into the fiber-optic cables that make up the backbone of the Internet, the agency confided to allies in 2012, it was able to collect the IP addresses of visitors in real time, as well as the search terms that visitors used to reach the site from search engines like Google.

Another classified document from the U.S. intelligence community, dated August 2010, recounts how the Obama administration urged foreign allies to file criminal charges against Assange over the group’s publication of the Afghanistan war logs.

A third document, from July 2011, contains a summary of an internal discussion in which officials from two NSA offices – including the agency’s general counsel and an arm of its Threat Operations Center – considered designating WikiLeaks as “a ‘malicious foreign actor’ for the purpose of targeting.” Such a designation would have allowed the group to be targeted with extensive electronic surveillance – without the need to exclude U.S. persons from the surveillance searches.

In 2008, not long after WikiLeaks was formed, the U.S. Army prepared a report that identified the organization as an enemy, and plotted how it could be destroyed. The new documents provide a window into how the U.S. and British governments appear to have shared the view that WikiLeaks represented a serious threat, and reveal the controversial measures they were willing to take to combat it.

In a statement to The Intercept, Assange condemned what he called “the reckless and unlawful behavior of the National Security Agency” and GCHQ’s “extensive hostile monitoring of a popular publisher’s website and its readers.”

“News that the NSA planned these operations at the level of its Office of the General Counsel is especially troubling,” Assange said. “Today, we call on the White House to appoint a special prosecutor to investigate the extent of the NSA’s criminal activity against the media, including WikiLeaks, its staff, its associates and its supporters.”

Illustrating how far afield the NSA deviates from its self-proclaimed focus on terrorism and national security, the documents reveal that the agency considered using its sweeping surveillance system against Pirate Bay, which has been accused of facilitating copyright violations. The agency also approved surveillance of the foreign “branches” of hacktivist groups, mentioning Anonymous by name.

The documents call into question the Obama administration’s repeated insistence that U.S. citizens are not being caught up in the sweeping surveillance dragnet being cast by the NSA. Under the broad rationale considered by the agency, for example, any communication with a group designated as a “malicious foreign actor,” such as WikiLeaks and Anonymous, would be considered fair game for surveillance.

Julian Sanchez, a research fellow at the Cato Institute who specializes in surveillance issues, says the revelations shed a disturbing light on the NSA’s willingness to sweep up American citizens in its surveillance net.

“All the reassurances Americans heard that the broad authorities of the FISA Amendments Act could only be used to ‘target’ foreigners seem a bit more hollow,” Sanchez says, “when you realize that the ‘foreign target’ can be an entire Web site or online forum used by thousands if not millions of Americans.”
GCHQ Spies on WikiLeaks Visitors

The system used by GCHQ to monitor the WikiLeaks website – codenamed ANTICRISIS GIRL – is described in a classified PowerPoint presentation prepared by the British agency and distributed at the 2012 “SIGDEV Conference.” At the annual gathering, each member of the “Five Eyes” alliance – the United States, United Kingdom, Canada, Australia and New Zealand – describes the prior year’s surveillance successes and challenges.

In a top-secret presentation at the conference, two GCHQ spies outlined how ANTICRISIS GIRL was used to enable “targeted website monitoring” of WikiLeaks (See slides 33 and 34). The agency logged data showing hundreds of users from around the world, including the United States, as they were visiting a WikiLeaks site –contradicting claims by American officials that a deal between the U.K. and the U.S. prevents each country from spying on the other’s citizens.

The IP addresses collected by GCHQ are used to identify individual computers that connect to the Internet, and can be traced back to specific people if the IP address has not been masked using an anonymity service. If WikiLeaks or other news organizations were receiving submissions from sources through a public dropbox on their website, a system like ANTICRISIS GIRL could potentially be used to help track them down. (WikiLeaks has not operated a public dropbox since 2010, when it shut down its system in part due to security concerns over surveillance.)

In its PowerPoint presentation, GCHQ identifies its target only as “wikileaks.” One slide, displaying analytics derived from the surveillance, suggests that the site monitored was the official wikileaks.org domain. It shows that users reached the targeted site by searching for “wikileaks.org” and for “maysan uxo,” a term associated with a series of leaked Iraq war logs that are hosted on wikileaks.org.

The ANTICRISIS GIRL initiative was operated by a GCHQ unit called Global Telecoms Exploitation (GTE), which was previously reported by The Guardian to be linked to the large-scale, clandestine Internet surveillance operation run by GCHQ, codenamed TEMPORA.

Operating in the United Kingdom and from secret British eavesdropping bases in Cyprus and other countries, GCHQ conducts what it refers to as “passive” surveillance – indiscriminately intercepting massive amounts of data from Internet cables, phone networks and satellites. The GTE unit focuses on developing “pioneering collection capabilities” to exploit the stream of data gathered from the Internet.

As part of the ANTICRISIS GIRL system, the documents show, GCHQ used publicly available analytics software called Piwik to extract information from its surveillance stream, not only monitoring visits to targeted websites like WikiLeaks, but tracking the country of origin of each visitor.

It is unclear from the PowerPoint presentation whether GCHQ monitored the WikiLeaks site as part of a pilot program designed to demonstrate its capability, using only a small set of covertly collected data, or whether the agency continues to actively deploy its surveillance system to monitor visitors to WikiLeaks. It was previously reported in The Guardian that X-KEYSCORE, a comprehensive surveillance weapon used by both NSA and GCHQ, allows “an analyst to learn the IP addresses of every person who visits any website the analyst specifies.”

GCHQ refused to comment on whether ANTICRISIS GIRL is still operational. In an email citing the agency’s boilerplate response to inquiries, a spokeswoman insisted that “all of GCHQ’s work is carried out in accordance with a strict legal and policy framework which ensures that our activities are authorized, necessary and proportionate, and that there is rigorous oversight.”

But privacy advocates question such assurances. “How could targeting an entire website’s user base be necessary or proportionate?” says Gus Hosein, executive director of the London-based human rights group Privacy International. “These are innocent people who are turned into suspects based on their reading habits. Surely becoming a target of a state’s intelligence and security apparatus should require more than a mere click on a link.”

The agency’s covert targeting of WikiLeaks, Hosein adds, call into question the entire legal rationale underpinning the state’s system of surveillance. “We may be tempted to see GCHQ as a rogue agency, ungoverned in its use of unprecedented powers generated by new technologies,” he says. “But GCHQ’s actions are authorized by [government] ministers. The fact that ministers are ordering the monitoring of political interests of Internet users shows a systemic failure in the rule of law.”
Going After Assange and His Supporters

The U.S. attempt to pressure other nations to prosecute Assange is recounted in a file that the intelligence community calls its “Manhunting Timeline.” The document details, on a country-by-country basis, efforts by the U.S. government and its allies to locate, prosecute, capture or kill alleged terrorists, drug traffickers, Palestinian leaders and others. There is a timeline for each year from 2008 to 2012.

An entry from August 2010 – headlined “United States, Australia, Great Britain, Germany, Iceland” – states: “The United States on August 10 urged other nations with forces in Afghanistan, including Australia, United Kingdom, and Germany, to consider filing criminal charges against Julian Assange.” It describes Assange as the “founder of the rogue Wikileaks Internet website and responsible for the unauthorized publication of over 70,000 classified documents covering the war in Afghanistan.”

In response to questions from The Intercept, the NSA suggested that the entry is “a summary derived from a 2010 article” in the Daily Beast. That article, which cited an anonymous U.S. official, reported that “the Obama administration is pressing Britain, Germany, Australia, and other allied Western governments to consider opening criminal investigations of WikiLeaks founder Julian Assange and to severely limit his nomadic travels across international borders.”

The government entry in the “Manhunting Timeline” adds Iceland to the list of Western nations that were pressured, and suggests that the push to prosecute Assange is part of a broader campaign. The effort, it explains, “exemplifies the start of an international effort to focus the legal element of national power upon non-state actor Assange, and the human network that supports WikiLeaks.” The entry does not specify how broadly the government defines that “human network,” which could potentially include thousands of volunteers, donors and journalists, as well as people who simply spoke out in defense of WikiLeaks.

In a statement, the NSA declined to comment on the documents or its targeting of activist groups, noting only that the agency “provides numerous opportunities and forums for their analysts to explore hypothetical or actual circumstances to gain appropriate advice on the exercise of their authorities within the Constitution and the law, and to share that advice appropriately.”

But the entry aimed at WikiLeaks comes from credentialed officials within the intelligence community. In an interview in Hong Kong last June, Edward Snowden made clear that the only NSA officials empowered to write such entries are those “with top-secret clearance and public key infrastructure certificates” – a kind of digital ID card enabling unique access to certain parts of the agency’s system. What’s more, Snowden added, the entries are “peer reviewed” – and every edit made is recorded by the system.

The U.S. launched its pressure campaign against WikiLeaks less than a week after the group began publishing the Afghanistan war logs on July 25, 2010. At the time, top U.S. national security officials accused WikiLeaks of having “blood” on its hands. But several months later, McClatchy reported that “U.S. officials concede that they have no evidence to date that the documents led to anyone’s death.”

The government targeting of WikiLeaks nonetheless continued. In April 2011, Salon reported that a grand jury in Virginia was actively investigating both the group and Assange on possible criminal charges under espionage statutes relating to the publication of classified documents. And in August of 2012, the Sydney Morning Herald, citing secret Australian diplomatic cables, reported that “Australian diplomats have no doubt the United States is still gunning for Julian Assange” and that “Australia’s diplomatic service takes seriously the likelihood that Assange will eventually be extradited to the US on charges arising from WikiLeaks obtaining leaked US military and diplomatic documents.”

Bringing criminal charges against WikiLeaks or Assange for publishing classified documents would be highly controversial – especially since the group partnered with newspapers like The Guardian and The New York Times to make the war logs public. “The biggest challenge to the press today is the threatened prosecution of WikiLeaks, and it’s absolutely frightening,” James Goodale, who served as chief counsel of the Times during its battle to publish The Pentagon Papers, told the Columbia Journalism Review last March. “If you go after the WikiLeaks criminally, you go after the Times. That’s the criminalization of the whole process.”

In November 2013, The Washington Post, citing anonymous officials, reported that the Justice Department strongly considered prosecuting Assange, but concluded it “could not do so without also prosecuting U.S. news organizations and journalists” who had partnered with WikiLeaks to publish the documents. According to the Post, officials “realized that they have what they described as a ‘New York Times problem’” – namely, that any theory used to bring charges against Assange would also result in criminal liability for the Times, The Guardian, and other papers which also published secret documents provided to WikiLeaks.
NSA proposals to target WikiLeaks

As the new NSA documents make clear, however, the U.S. government did more than attempt to engineer the prosecution of Assange. NSA analysts also considered designating WikiLeaks as a “malicious foreign actor” for surveillance purposes – a move that would have significantly expanded the agency’s ability to subject the group’s officials and supporters to extensive surveillance.

Such a designation would allow WikiLeaks to be targeted with surveillance without the use of “defeats” – an agency term for technical mechanisms to shield the communications of U.S. persons from getting caught in the dragnet.

That top-secret document – which summarizes a discussion between the NSA’s Office of the General Counsel and the Oversight and Compliance Office of the agency’s Threat Operations Center – spells out a rationale for including American citizens in the surveillance:

“If the foreign IP is consistently associated with malicious cyber activity against the U.S., so, tied to a foreign individual or organization known to direct malicious activity our way, then there is no need to defeat any to, from, or about U.S. Persons. This is based on the description that one end of the communication would always be this suspect foreign IP, and so therefore any U.S. Person communicant would be incidental to the foreign intelligence task.”

In short, labeling WikiLeaks a “malicious foreign target” would mean that anyone communicating with the organization for any reason – including American citizens – could have their communications subjected to government surveillance.

When NSA officials are asked in the document if WikiLeaks or Pirate Bay could be designated as “malicious foreign actors,” the reply is inconclusive: “Let us get back to you.” There is no indication of whether either group was ever designated or targeted in such a way.

The NSA’s lawyers did, however, give the green light to subject other activists to heightened surveillance. Asked if it would be permissible to “target the foreign actors of a loosely coupled group of hackers … such as with Anonymous,” the response is unequivocal: “As long as they are foreign individuals outside of the US and do not hold dual citizenship … then you are okay.”
NSA Lawyers: “It’s Nothing to Worry About”

Sanchez, the surveillance expert with the Cato Institute, says the document serves as “a reminder that NSA essentially has carte blanche to spy on non-Americans. In public statements, intelligence officials always talk about spying on ‘terrorists,’ as if those are the only targets — but Section 702 [of the 2008 FISA Amendments Act] doesn’t say anything about ‘terrorists.’ They can authorize collection on any ‘persons reasonably believed to be [located] outside the United States,’ with ‘persons’ including pretty much any kind of group not ‘substantially’ composed of Americans.”

Sanchez notes that while it makes sense to subject some full-scale cyber-attacks to government surveillance, “it would make no sense to lump together foreign cyberattackers with sites voluntarily visited by enormous numbers of Americans, like Pirate Bay or WikiLeaks.”

Indeed, one entry in the NSA document expressly authorizes the targeting of a “malicious” foreign server – offering Pirate Bay as a specific example –“even if there is a possibility that U.S. persons could be using it as well.” NSA officials agree that there is no need to exclude Americans from the surveillance, suggesting only that the agency’s spies “try to minimize” how many U.S. citizens are caught in the dragnet.

Another entry even raises the possibility of using X-KEYSCORE, one of the agency’s most comprehensive surveillance programs, to target communications between two U.S.-based Internet addresses if they are operating through a “proxy” being used for “malicious foreign activity.” In response, the NSA’s Threat Operations Center approves the targeting, but the agency’s general counsel requests “further clarification before signing off.”

If WikiLeaks were improperly targeted, or if a U.S. citizen were swept up in the NSA’s surveillance net without authorization, the agency’s attitude seems to be one of indifference. According to the document – which quotes a response by the NSA’s Office of General Counsel and the oversight and compliance office of its Threat Operations Center – discovering that an American has been selected for surveillance must be mentioned in a quarterly report, “but it’s nothing to worry about.”

The attempt to target WikiLeaks and its broad network of supporters drew sharp criticism from the group and its allies. “These documents demonstrate that the political persecution of WikiLeaks is very much alive,” says Baltasar Garzón, the Spanish former judge who now represents the group. “The paradox is that Julian Assange and the WikiLeaks organization are being treated as a threat instead of what they are: a journalist and a media organization that are exercising their fundamental right to receive and impart information in its original form, free from omission and censorship, free from partisan interests, free from economic or political pressure.”

For his part, Assange remains defiant. “The NSA and its U.K. accomplices show no respect for the rule of law,” he told The Intercept. “But there is a cost to conducting illicit actions against a media organization.” Referring to a criminal complaint that the group filed last year against “interference with our journalistic work in Europe,” Assange warned that “no entity, including the NSA, should be permitted to act against a journalist with impunity.”

Assange indicated that in light of the new documents, the group may take further legal action.

“We have instructed our general counsel, Judge Baltasar Garzón, to prepare the appropriate response,” he said. “The investigations into attempts to interfere with WikiLeaks’ work will go wherever they need to go. Make no mistake: those responsible will be held to account and brought to justice.”

By Glenn Greenwald and Ryan Gallagher
18 Feb 2014, 1:50 AM EST

Find this story at 18 February 2014

© 2014 First Look Productions, Inc.

Leaked documents posted by Glenn Greenwald and Ryan Gallagher hint at the discussions that took place around online actors like WikiLeaks, The Pirate Bay, and Anonymous, as well as the standards for spying on foreign and domestic internet users. At The Intercept, Greenwald and Gallagher have revealed details about when the NSA and agencies abroad believe it’s acceptable to target a person or site without “defeats” or measures to prevent collecting American information, with an eye towards groups that have proved a thorn in the side of government agencies.

Julian Assange appears in national security ‘Manhunting Timeline’

“Can we treat a foreign server who stores, or potentially disseminates leaked or stolen US data on it’s [sic] server as a ‘malicious foreign actor’ for the purpose of targeting with no defeats? Examples: WikiLeaks, thepiratebay.org, etc.” says one of several frequently asked questions apparently posted to an intelligence wiki for the US and other nations in the Five Eyes surveillance partnership. “Let us get back to you,” said a response from the NSA/CSS [Central Security Service] Threat Operation Center and the NSA’s Office of General Counsel. Another question asks whether it’s legal to target members of Anonymous who operate outside the US. “As long as they are foreign individuals outside of the US and do not hold dual citizenship… then you are okay,” came the answer. Agencies were not, however, apparently allowed to store copies of classified documents leaked by Anonymous or other groups in order to analyze the data.

WikiLeaks in particular came under fire. In addition to these questions, The Intercept leaked parts of a “Manhunting Timeline” that details where and how the US government is attempting to find, capture, or kill terrorists, drug traffickers, and others. This timeline apparently included information on Julian Assange, including attempts to pressure foreign governments into taking legal action against him and “the human network that supports WikiLeaks.” None of this comes as a surprise — the government’s attempts to get governments to put pressure on Assange is well known. Likewise, Anonymous has allegedly compromised government computers, and it’s not strange that the NSA wants to monitor it. The question of treating leaked document repositories as malicious foreign actors is thornier, playing into much larger debates over whether non-traditional journalism should be given the same protection as older outlets like The New York Times.

“If you ‘guess’ foreign and it’s not, then it is a serious violation.”

More generally, the document shows a complicated dance between minimizing US data collection and casting an expansive net over foreign surveillance. According to the FAQ, it’s legal to monitor foreign servers that Americans visit (The Pirate Bay is cited again) so long as agents attempt to filter out US information. The same goes for botnets that are operated from hacked US computers by a foreign source. As before, the document points to a fairly low standard for being certain that a target is foreign: 51 percent. A more complicated question is how agents are allowed to search traffic from US-based web giants like Gmail and Twitter. If an agency knows that a foreign potential threat is using one of these sites, it’s theoretically possible to look for traffic from it. But “if you ‘guess’ foreign and it’s not, then it is a serious violation.” In general, though, accidentally making queries a US person who was believed to be foreign was “nothing to worry about,” although it had to be logged for the Office of General Counsel.

The revelations here are far less conclusive than many of the leaked documents published so far. One slide apparently from an expanded version of this GCHQ document shows an analytics page that seems to monitor visits to WikiLeaks, including which countries visitors came from and how they found the site. But it’s not clear whether this is an ongoing program or a proof of concept test, especially given how few visits appear to be logged. The results are also broadly similar to what someone would get from a basic analytics page, not detailed user information. This slideshow and the FAQ do, however, give us a look into how the NSA and other agencies view online spycraft, both inside and outside the US.

By Adi Robertson on February 18, 2014 10:36 am

Find this story at 18 February 2014

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