C.I.A. Report Finds Concerns With Ties to New York PoliceJuly 18, 2013
WASHINGTON — Four Central Intelligence Agency officers were embedded with the New York Police Department in the decade after Sept. 11, 2001, including one official who helped conduct surveillance operations in the United States, according to a newly disclosed C.I.A. inspector general’s report.
That officer believed there were “no limitations” on his activities, the report said, because he was on an unpaid leave of absence, and thus exempt from the prohibition against domestic spying by members of the C.I.A.
Another embedded C.I.A. analyst — who was on its payroll — said he was given “unfiltered” police reports that included information unrelated to foreign intelligence, the C.I.A. report said.
The once-classified review, completed by the C.I.A. inspector general in December 2011, found that the four agency analysts — more than had previously been known — were assigned at various times to “provide direct assistance” to the local police. The report also raised a series of concerns about the relationship between the two organizations.
The C.I.A. inspector general, David B. Buckley, found that the collaboration was fraught with “irregular personnel practices,” that it lacked “formal documentation in some important instances,” and that “there was inadequate direction and control” by agency supervisors.
“While negative public perception is to be expected from the revelation of the agency’s close and direct collaboration with any local domestic police department, a perception that the agency has exceeded its authorities diminishes the trust placed in the organization,” Mr. Buckley wrote in a cover memo to David H. Petraeus, then the C.I.A. director.
The declassification of the executive summary, in response to a Freedom of Information Act suit, comes at a time of intense interest in domestic spying after leaks by a former contractor for the National Security Agency.
It also comes amid lawsuits against the Police Department alleging unconstitutional surveillance of Muslim communities and mosques in New Jersey and New York. And a group of plaintiffs from a 1971 lawsuit over harassment of political groups by the Police Department’s so-called Red Squad has asked a judge to tighten guidelines stemming from that case on police investigations involving political or religious activity.
Paul J. Browne, a police spokesman, said that the lawsuits were without merit. He also said that the inspector general had found nothing illegal and that the last embedded C.I.A. official left the police in 2012.
“We’re proud of our relationship with C.I.A. and its training,” he said, saying it was partly responsible for the absence of casualties from a terror attack in New York in the years since Sept. 11 and the anthrax attacks. He added that the terrorists “keep coming and we keep pushing back.”
The C.I.A.-Police Department partnership dates from 2002, when David Cohen, a former C.I.A. officer who became deputy commissioner for intelligence at the Police Department after the Sept. 11 attacks, reached out to his former agency in building up its counterterrorism abilities.
The inspector general’s office began the investigation in August 2011 after The Associated Press published an article about the C.I.A.’s relationship with the Police Department’s intelligence division. It was part of a series about New York police surveillance of Muslims that was later awarded a Pulitzer Prize for investigative reporting.
When the classified report was completed in 2011, spokesmen for the C.I.A. and the Police Department said it had concluded that the C.I.A. had not violated a law and an executive order that prohibited it from domestic spying or performance of law-enforcement powers. But the document shows that that conclusion was not the whole story. The inspector general warned in his cover letter that the collaboration raised “considerable and multifaceted” risks for the agency.
This week, it released an executive summary and cover memo in response to a Freedom of Information Act lawsuit filed by the Electronic Privacy Information Center, a nonprofit civil-liberties group, which provided it to The New York Times.
“The C.I.A. is not permitted to engage in domestic surveillance,” said Ginger McCall, the director of the group’s Open Government Project. “Despite the assurances of the C.I.A.’s press office, the activities documented in this report cross the line and highlight the need for more oversight.”
Dean Boyd, a C.I.A. spokesman, said the inspector general found no legal violations or evidence that the agency’s support to the Police Department constituted “domestic spying.”
“It should come as no surprise that, after 9/11, the C.I.A. stepped up its cooperation with law enforcement on counterterrorism issues or that some of that increased cooperation was in New York,” he said in an e-mail. “The agency’s operational focus, however, is overseas, and none of the support we have provided to N.Y.P.D. can rightly be characterized as ‘domestic spying’ by the C.I.A. Any suggestion along those lines is simply wrong.”
The report shows that the first of the four embedded agency officers began as an adviser in 2002 and went on an unpaid leave from the agency from 2004 to 2009. During that latter period, it said, he participated in — and directed — “N.Y.P.D. investigations, operations, and surveillance activities directed at U.S. persons and non-U.S. persons.”
The official received a Police Department paycheck. He told the inspector general that he “did not consider himself an agency officer and believed he had ‘no limitations’ as far as what he could or could not do.” C.I.A. lawyers said that officials on unpaid leave who are “acting in a personal capacity and not subject to C.I.A. direction” are not constrained by the law barring the agency from domestic security functions, the report said.
Another C.I.A. analyst was detailed to the Police Department in early 2008 and remained on the agency’s payroll. From about February to April 2008, he told the inspector general he had received daily files, including the police intelligence division’s investigative reports “that he believed were unfiltered.”
That meant they had not been prescreened to remove information unrelated to foreign intelligence information, like evidence of domestic criminal activity. Later, the report says, the system was changed and police analysts gave him printouts of only those reports deemed to have potential foreign-intelligence information — about 10 to 12 a day.
Still, a former Police Department intelligence analyst who now works for the C.I.A.’s National Clandestine Service maintained that the embedded C.I.A. official had not had “unrestricted or unfiltered access” to the reports. The inspector general did not clear up the discrepancy.
Meanwhile, the Police Department sent a detective to the C.I.A. from October 2008 to November 2009 to “receive agency operational training to enhance the capability” of its intelligence division’s counterterrorism efforts in the metropolitan area.
Two other agency officials also worked for a period at the Police Department. One “spent considerable time and effort trying to help N.Y.P.D. improve its volatile relationship with the local F.B.I.,” and the report said senior agency officials expressed concern that the arrangement had “placed the agency in the middle of a contentious relationship.”
“The revelation of these issues,” Mr. Buckley wrote, “leads me to conclude that the risks associated with the Agency’s relationship with the N.Y.P.D. were not fully considered and that there was inadequate direction and control by the agency managers responsible for the relationship.”
June 26, 2013
By CHARLIE SAVAGE
Find this story at 26 June 2013
© 2013 The New York Times Company
C.I.A. TIE REPORTED IN MANDELA ARRESTJuly 18, 2013
The Central Intelligence Agency played an important role in the arrest in 1962 of Nelson Mandela, the African National Congress leader who was jailed for nearly 28 years before his release four months ago, a news report says.
The intelligence service, using an agent inside the African National Congress, provided South African security officials with precise information about Mr. Mandela’s activities that enabled the police to arrest him, said the account by the Cox News Service.
The report, scheduled for publication on Sunday, quoted an unidentified retired official who said that a senior C.I.A. officer told him shortly after Mr. Mandela’s arrest: ”We have turned Mandela over to the South African Security branch. We gave them every detail, what he would be wearing, the time of day, just where he would be.”
Mark Mansfield, a spokesman for the agency, declined to comment on the news-service report. ”As a matter of policy, we do not discuss allegations of intelligence activities,” he said.
Protecting Pretoria’s Rule
Reports that American intelligence tipped off the South African officials who arrested Mr. Mandela have circulated for years. Newsweek reported in February that the agency was believed to have been involved.
Mr. Mandela is scheduled to visit the United States beginning June 20 for a five-city tour that will include talks with President Bush and a speech before a joint meeting of Congress.
The news-service report said that at the time of Mr. Mandela’s arrest in August 1962, the C.I.A. devoted more resources to penetrating the activities of nationalist groups like the African National Congress than did South Africa’s then-fledgling security service.
The account said the American intelligence agency was willing to assist in the apprehension of Mr. Mandela because it was concerned that a successful nationalist movement threatened a friendly South African Govenment. Expansion of such movements outside South Africa’s borders, the agency feared, would jeopardize the stability of other African states, the account said.
Arrest at a Roadblock
A retired South African intelligence official, Gerard Ludi, was quoted in the report as saying that at the time of Mr. Mandela’s capture, the C.I.A. had put an undercover agent into the inner circle of the African National Congress group in Durban.
That agent provided the intelligence service with detailed accounts of the organization’s activities, including information on the whereabouts of Mr. Mandela, then being sought as a fugitive for his anti-apartheid activities.
The morning after a secret dinner party with other congress members in Durban, Mr. Mandela, dressed as a chauffeur, ran into a roadblock. He was immediately recognized and arrested.
The retired official said that because of concern over the propriety of the C.I.A.’s actions in the Mandela case, ”higher authorities” required that the State Department approve any similar operations in the future. The report said the State Department refused on at least three occasions to allow the agency to provide South African officials with information about other dissidents.
By DAVID JOHNSTON, Special to The New York Times
Published: June 10, 1990
Find this story at 10 June 1990
Copyright 2013 The New York Times Company
Ex-official: Cia Helped Jail MandelaJuly 18, 2013
WASHINGTON — For nearly 28 years the U.S. government has harbored an increasingly embarrassing secret: A CIA tip to South African intelligence agents led to the arrest that put black nationalist leader Nelson Mandela in prison for most of his adult life.
But now, with Mandela en route to the U.S. to a hero`s welcome, a former U.S. official has revealed that he has known of the CIA role since Mandela was seized by agents of the South African police special branch on Aug. 5, 1962.
The former official, now retired, said that within hours after Mandela`s arrest Paul Eckel, then a senior CIA operative, walked into his office and said approximately these words: “We have turned Mandela over to the South African security branch. We gave them every detail, what he would be wearing, the time of day, just where he would be. They have picked him up. It is one of our greatest coups.“
With Mandela out of prison, the retired official decided there is no longer a valid reason for secrecy. He called the American role in the affair
“one of the most shameful, utterly horrid“ byproducts of the Cold War struggle between Moscow and Washington for influence in the Third World.
Asked about the tip to South African authorities, CIA spokesman Mark Mansfield said: “Our policy is not to comment on such allegations.“
Reports that American intelligence tipped off the South African officials who arrested Mandela have circulated for years. Newsweek reported in February that the agency was believed to have been involved.
Mandela, now 71, arrives in the United States June 20 as part of an international tour to bolster the anti-apartheid movement. The deputy African National Congress president, widely regarded as the world`s pre-eminent political prisoner when he finally was released in February, is due to be honored by a ticker-tape Broadway parade and to address a joint session of Congress.
But in 1962 the CIA`s covert branch saw the African National Congress as a threat to the stability of a friendly South African government. At the time, that government not only had just signed a military cooperation agreement with the United States but also served as an important source of uranium.
The CIA knew of Mandela`s whereabouts because it had put an undercover agent into the inner circle of the African National Congress group in Durban, according to Gerard Ludi, a retired South African intelligence official.
Mandela was being sought as a fugitive for his anti-apartheid activities. The morning after a secret dinner party with other congress members in Durban, Mandela, dressed as a chauffeur, ran into a roadblock. He was immediately recognized and arrested.
June 10, 1990|By Joseph Albright and Marcia Kunstel, Cox News Service.
Find this story at 10 June 1990
© www.chicagotribune.com
Here’s the story the AP suspects led to sweeping Justice Dept. subpoenaMay 24, 2013
The Department of Justice secretly obtained Associated Press phone records from 20 different phone lines over two months, according to the news agency. The subpoenaed phones records included personal and office lines for several national security reporters and editors as well as “the main number for AP reporters in the House of Representatives press gallery.”
Presumably, now that the story has broken, public pressure will compel some sort of explanation from the Department of Justice or the Obama administration. In the meantime, the AP’s own story on the incident strongly suggests a theory for what happened: that the DoJ was looking for the source on the AP’s May 2012 story about a successful CIA operation to thwart a Yemen-based terror plot, a sort of underwear bomber part two.
Here’s what the AP says in its story about the subpoena:
The government would not say why it sought the records. U.S. officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have leaked information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.
In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP’s source, which he denied. He called the release of the information to the media about the terror plot an “unauthorized and dangerous disclosure of classified information.”
And here’s a snip from the original May 2012 AP story that the agency believes may have started it all. Note that the story seems to cite both the FBI and CIA, as well as revealing that the bomb may not have been detectable by then-current airport security scanners:
US officials say the plot involved an “upgrade” of the underwear bomb that failed to detonate aboard a jetliner over Detroit on Christmas Day in 2009.
This new bomb was also built to be used in a passenger’s underwear but contained a more refined detonation system.
The FBI is examining the latest bomb to see whether it could have passed through airport security and brought down an airplane, officials said. They said the device did not contain metal, meaning it probably could have passed through an airport metal detector. But it was not clear whether new body scanners used in many airports would have detected it.
The would-be suicide bomber, based in Yemen, had not yet picked a target or bought his plane tickets when the CIA stepped in and seized the bomb, officials said. It is not immediately clear what happened to the alleged bomber.
…
By Max Fisher, Updated: May 13, 2013
Find this story at 13 May 2013
© The Washington Post Company
Transcript: Obama Addresses Counterterrorism, DronesMay 24, 2013
President Obama waves after addressing his administration’s drone and counterterrorism policies, as well as the military prison at Guantanamo Bay, in a speech at the National Defense University in Washington, D.C., on Thursday.
President Obama’s remarks at the National Defense University on Thursday, as released by the White House:
Good afternoon, everybody. Please be seated.
It is a great honor to return to the National Defense University. Here, at Fort McNair, Americans have served in uniform since 1791 — standing guard in the earliest days of the Republic, and contemplating the future of warfare here in the 21st century.
For over two centuries, the United States has been bound together by founding documents that defined who we are as Americans, and served as our compass through every type of change. Matters of war and peace are no different. Americans are deeply ambivalent about war, but having fought for our independence, we know a price must be paid for freedom. From the Civil War to our struggle against fascism, on through the long twilight struggle of the Cold War, battlefields have changed and technology has evolved. But our commitment to constitutional principles has weathered every war, and every war has come to an end.
With the collapse of the Berlin Wall, a new dawn of democracy took hold abroad, and a decade of peace and prosperity arrived here at home. And for a moment, it seemed the 21st century would be a tranquil time. And then, on September 11, 2001, we were shaken out of complacency. Thousands were taken from us, as clouds of fire and metal and ash descended upon a sun-filled morning. This was a different kind of war. No armies came to our shores, and our military was not the principal target. Instead, a group of terrorists came to kill as many civilians as they could.
And so our nation went to war. We have now been at war for well over a decade. I won’t review the full history. What is clear is that we quickly drove al Qaeda out of Afghanistan, but then shifted our focus and began a new war in Iraq. And this carried significant consequences for our fight against al Qaeda, our standing in the world, and — to this day — our interests in a vital region.
Meanwhile, we strengthened our defenses — hardening targets, tightening transportation security, giving law enforcement new tools to prevent terror. Most of these changes were sound. Some caused inconvenience. But some, like expanded surveillance, raised difficult questions about the balance that we strike between our interests in security and our values of privacy. And in some cases, I believe we compromised our basic values — by using torture to interrogate our enemies, and detaining individuals in a way that ran counter to the rule of law.
So after I took office, we stepped up the war against al Qaeda but we also sought to change its course. We relentlessly targeted al Qaeda’s leadership. We ended the war in Iraq, and brought nearly 150,000 troops home. We pursued a new strategy in Afghanistan, and increased our training of Afghan forces. We unequivocally banned torture, affirmed our commitment to civilian courts, worked to align our policies with the rule of law, and expanded our consultations with Congress.
Today, Osama bin Laden is dead, and so are most of his top lieutenants. There have been no large-scale attacks on the United States, and our homeland is more secure. Fewer of our troops are in harm’s way, and over the next 19 months they will continue to come home. Our alliances are strong, and so is our standing in the world. In sum, we are safer because of our efforts.
Now, make no mistake, our nation is still threatened by terrorists. From Benghazi to Boston, we have been tragically reminded of that truth. But we have to recognize that the threat has shifted and evolved from the one that came to our shores on 9/11. With a decade of experience now to draw from, this is the moment to ask ourselves hard questions — about the nature of today’s threats and how we should confront them.
And these questions matter to every American.
For over the last decade, our nation has spent well over a trillion dollars on war, helping to explode our deficits and constraining our ability to nation-build here at home. Our servicemembers and their families have sacrificed far more on our behalf. Nearly 7,000 Americans have made the ultimate sacrifice. Many more have left a part of themselves on the battlefield, or brought the shadows of battle back home. From our use of drones to the detention of terrorist suspects, the decisions that we are making now will define the type of nation — and world — that we leave to our children.
So America is at a crossroads. We must define the nature and scope of this struggle, or else it will define us. We have to be mindful of James Madison’s warning that “No nation could preserve its freedom in the midst of continual warfare.” Neither I, nor any President, can promise the total defeat of terror. We will never erase the evil that lies in the hearts of some human beings, nor stamp out every danger to our open society. But what we can do — what we must do — is dismantle networks that pose a direct danger to us, and make it less likely for new groups to gain a foothold, all the while maintaining the freedoms and ideals that we defend. And to define that strategy, we have to make decisions based not on fear, but on hard-earned wisdom. That begins with understanding the current threat that we face.
Today, the core of al Qaeda in Afghanistan and Pakistan is on the path to defeat. Their remaining operatives spend more time thinking about their own safety than plotting against us. They did not direct the attacks in Benghazi or Boston. They’ve not carried out a successful attack on our homeland since 9/11.
Instead, what we’ve seen is the emergence of various al Qaeda affiliates. From Yemen to Iraq, from Somalia to North Africa, the threat today is more diffuse, with Al Qaeda’s affiliates in the Arabian Peninsula — AQAP — the most active in plotting against our homeland. And while none of AQAP’s efforts approach the scale of 9/11, they have continued to plot acts of terror, like the attempt to blow up an airplane on Christmas Day in 2009.
Unrest in the Arab world has also allowed extremists to gain a foothold in countries like Libya and Syria. But here, too, there are differences from 9/11. In some cases, we continue to confront state-sponsored networks like Hezbollah that engage in acts of terror to achieve political goals. Other of these groups are simply collections of local militias or extremists interested in seizing territory. And while we are vigilant for signs that these groups may pose a transnational threat, most are focused on operating in the countries and regions where they are based. And that means we’ll face more localized threats like what we saw in Benghazi, or the BP oil facility in Algeria, in which local operatives — perhaps in loose affiliation with regional networks — launch periodic attacks against Western diplomats, companies, and other soft targets, or resort to kidnapping and other criminal enterprises to fund their operations.
And finally, we face a real threat from radicalized individuals here in the United States. Whether it’s a shooter at a Sikh Temple in Wisconsin, a plane flying into a building in Texas, or the extremists who killed 168 people at the Federal Building in Oklahoma City, America has confronted many forms of violent extremism in our history. Deranged or alienated individuals — often U.S. citizens or legal residents — can do enormous damage, particularly when inspired by larger notions of violent jihad. And that pull towards extremism appears to have led to the shooting at Fort Hood and the bombing of the Boston Marathon.
So that’s the current threat — lethal yet less capable al Qaeda affiliates; threats to diplomatic facilities and businesses abroad; homegrown extremists. This is the future of terrorism. We have to take these threats seriously, and do all that we can to confront them. But as we shape our response, we have to recognize that the scale of this threat closely resembles the types of attacks we faced before 9/11.
In the 1980s, we lost Americans to terrorism at our Embassy in Beirut; at our Marine Barracks in Lebanon; on a cruise ship at sea; at a disco in Berlin; and on a Pan Am flight — Flight 103 — over Lockerbie. In the 1990s, we lost Americans to terrorism at the World Trade Center; at our military facilities in Saudi Arabia; and at our Embassy in Kenya. These attacks were all brutal; they were all deadly; and we learned that left unchecked, these threats can grow. But if dealt with smartly and proportionally, these threats need not rise to the level that we saw on the eve of 9/11.
Moreover, we have to recognize that these threats don’t arise in a vacuum. Most, though not all, of the terrorism we faced is fueled by a common ideology — a belief by some extremists that Islam is in conflict with the United States and the West, and that violence against Western targets, including civilians, is justified in pursuit of a larger cause. Of course, this ideology is based on a lie, for the United States is not at war with Islam. And this ideology is rejected by the vast majority of Muslims, who are the most frequent victims of terrorist attacks.
Nevertheless, this ideology persists, and in an age when ideas and images can travel the globe in an instant, our response to terrorism can’t depend on military or law enforcement alone. We need all elements of national power to win a battle of wills, a battle of ideas. So what I want to discuss here today is the components of such a comprehensive counterterrorism strategy.
First, we must finish the work of defeating al Qaeda and its associated forces.
In Afghanistan, we will complete our transition to Afghan responsibility for that country’s security. Our troops will come home. Our combat mission will come to an end. And we will work with the Afghan government to train security forces, and sustain a counterterrorism force, which ensures that al Qaeda can never again establish a safe haven to launch attacks against us or our allies.
Beyond Afghanistan, we must define our effort not as a boundless “global war on terror,” but rather as a series of persistent, targeted efforts to dismantle specific networks of violent extremists that threaten America. In many cases, this will involve partnerships with other countries. Already, thousands of Pakistani soldiers have lost their lives fighting extremists. In Yemen, we are supporting security forces that have reclaimed territory from AQAP. In Somalia, we helped a coalition of African nations push al-Shabaab out of its strongholds. In Mali, we’re providing military aid to French-led intervention to push back al Qaeda in the Maghreb, and help the people of Mali reclaim their future.
Much of our best counterterrorism cooperation results in the gathering and sharing of intelligence, the arrest and prosecution of terrorists. And that’s how a Somali terrorist apprehended off the coast of Yemen is now in a prison in New York. That’s how we worked with European allies to disrupt plots from Denmark to Germany to the United Kingdom. That’s how intelligence collected with Saudi Arabia helped us stop a cargo plane from being blown up over the Atlantic. These partnerships work.
But despite our strong preference for the detention and prosecution of terrorists, sometimes this approach is foreclosed. Al Qaeda and its affiliates try to gain foothold in some of the most distant and unforgiving places on Earth. They take refuge in remote tribal regions. They hide in caves and walled compounds. They train in empty deserts and rugged mountains.
In some of these places — such as parts of Somalia and Yemen — the state only has the most tenuous reach into the territory. In other cases, the state lacks the capacity or will to take action. And it’s also not possible for America to simply deploy a team of Special Forces to capture every terrorist. Even when such an approach may be possible, there are places where it would pose profound risks to our troops and local civilians — where a terrorist compound cannot be breached without triggering a firefight with surrounding tribal communities, for example, that pose no threat to us; times when putting U.S. boots on the ground may trigger a major international crisis.
To put it another way, our operation in Pakistan against Osama bin Laden cannot be the norm. The risks in that case were immense. The likelihood of capture, although that was our preference, was remote given the certainty that our folks would confront resistance. The fact that we did not find ourselves confronted with civilian casualties, or embroiled in an extended firefight, was a testament to the meticulous planning and professionalism of our Special Forces, but it also depended on some luck. And it was supported by massive infrastructure in Afghanistan.
And even then, the cost to our relationship with Pakistan — and the backlash among the Pakistani public over encroachment on their territory — was so severe that we are just now beginning to rebuild this important partnership.
So it is in this context that the United States has taken lethal, targeted action against al Qaeda and its associated forces, including with remotely piloted aircraft commonly referred to as drones.
As was true in previous armed conflicts, this new technology raises profound questions — about who is targeted, and why; about civilian casualties, and the risk of creating new enemies; about the legality of such strikes under U.S. and international law; about accountability and morality. So let me address these questions.
To begin with, our actions are effective. Don’t take my word for it. In the intelligence gathered at bin Laden’s compound, we found that he wrote, “We could lose the reserves to enemy’s air strikes. We cannot fight air strikes with explosives.” Other communications from al Qaeda operatives confirm this as well. Dozens of highly skilled al Qaeda commanders, trainers, bomb makers and operatives have been taken off the battlefield. Plots have been disrupted that would have targeted international aviation, U.S. transit systems, European cities and our troops in Afghanistan. Simply put, these strikes have saved lives.
Moreover, America’s actions are legal. We were attacked on 9/11. Within a week, Congress overwhelmingly authorized the use of force. Under domestic law, and international law, the United States is at war with al Qaeda, the Taliban, and their associated forces. We are at war with an organization that right now would kill as many Americans as they could if we did not stop them first. So this is a just war — a war waged proportionally, in last resort, and in self-defense.
And yet, as our fight enters a new phase, America’s legitimate claim of self-defense cannot be the end of the discussion. To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance. For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power — or risk abusing it. And that’s why, over the last four years, my administration has worked vigorously to establish a framework that governs our use of force against terrorists –- insisting upon clear guidelines, oversight and accountability that is now codified in Presidential Policy Guidance that I signed yesterday.
In the Afghan war theater, we must — and will — continue to support our troops until the transition is complete at the end of 2014. And that means we will continue to take strikes against high value al Qaeda targets, but also against forces that are massing to support attacks on coalition forces. But by the end of 2014, we will no longer have the same need for force protection, and the progress we’ve made against core al Qaeda will reduce the need for unmanned strikes.
Beyond the Afghan theater, we only target al Qaeda and its associated forces. And even then, the use of drones is heavily constrained. America does not take strikes when we have the ability to capture individual terrorists; our preference is always to detain, interrogate, and prosecute. America cannot take strikes wherever we choose; our actions are bound by consultations with partners, and respect for state sovereignty.
America does not take strikes to punish individuals; we act against terrorists who pose a continuing and imminent threat to the American people, and when there are no other governments capable of effectively addressing the threat. And before any strike is taken, there must be near-certainty that no civilians will be killed or injured — the highest standard we can set.
Now, this last point is critical, because much of the criticism about drone strikes — both here at home and abroad — understandably centers on reports of civilian casualties. There’s a wide gap between U.S. assessments of such casualties and nongovernmental reports. Nevertheless, it is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in every war. And for the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, those deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred throughout conventional fighting in Afghanistan and Iraq.
But as Commander-in-Chief, I must weigh these heartbreaking tragedies against the alternatives. To do nothing in the face of terrorist networks would invite far more civilian casualties — not just in our cities at home and our facilities abroad, but also in the very places like Sana’a and Kabul and Mogadishu where terrorists seek a foothold. Remember that the terrorists we are after target civilians, and the death toll from their acts of terrorism against Muslims dwarfs any estimate of civilian casualties from drone strikes. So doing nothing is not an option.
Where foreign governments cannot or will not effectively stop terrorism in their territory, the primary alternative to targeted lethal action would be the use of conventional military options. As I’ve already said, even small special operations carry enormous risks. Conventional airpower or missiles are far less precise than drones, and are likely to cause more civilian casualties and more local outrage. And invasions of these territories lead us to be viewed as occupying armies, unleash a torrent of unintended consequences, are difficult to contain, result in large numbers of civilian casualties and ultimately empower those who thrive on violent conflict.
So it is false to assert that putting boots on the ground is less likely to result in civilian deaths or less likely to create enemies in the Muslim world. The results would be more U.S. deaths, more Black Hawks down, more confrontations with local populations, and an inevitable mission creep in support of such raids that could easily escalate into new wars.
Yes, the conflict with al Qaeda, like all armed conflict, invites tragedy. But by narrowly targeting our action against those who want to kill us and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.
Our efforts must be measured against the history of putting American troops in distant lands among hostile populations. In Vietnam, hundreds of thousands of civilians died in a war where the boundaries of battle were blurred. In Iraq and Afghanistan, despite the extraordinary courage and discipline of our troops, thousands of civilians have been killed. So neither conventional military action nor waiting for attacks to occur offers moral safe harbor, and neither does a sole reliance on law enforcement in territories that have no functioning police or security services — and indeed, have no functioning law.
Now, this is not to say that the risks are not real. Any U.S. military action in foreign lands risks creating more enemies and impacts public opinion overseas. Moreover, our laws constrain the power of the President even during wartime, and I have taken an oath to defend the Constitution of the United States. The very precision of drone strikes and the necessary secrecy often involved in such actions can end up shielding our government from the public scrutiny that a troop deployment invites. It can also lead a President and his team to view drone strikes as a cure-all for terrorism.
And for this reason, I’ve insisted on strong oversight of all lethal action. After I took office, my administration began briefing all strikes outside of Iraq and Afghanistan to the appropriate committees of Congress. Let me repeat that: Not only did Congress authorize the use of force, it is briefed on every strike that America takes. Every strike. That includes the one instance when we targeted an American citizen — Anwar Awlaki, the chief of external operations for AQAP.
This week, I authorized the declassification of this action, and the deaths of three other Americans in drone strikes, to facilitate transparency and debate on this issue and to dismiss some of the more outlandish claims that have been made. For the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen — with a drone, or with a shotgun — without due process, nor should any President deploy armed drones over U.S. soil.
But when a U.S. citizen goes abroad to wage war against America and is actively plotting to kill U.S. citizens, and when neither the United States, nor our partners are in a position to capture him before he carries out a plot, his citizenship should no more serve as a shield than a sniper shooting down on an innocent crowd should be protected from a SWAT team.
That’s who Anwar Awlaki was — he was continuously trying to kill people. He helped oversee the 2010 plot to detonate explosive devices on two U.S.-bound cargo planes. He was involved in planning to blow up an airliner in 2009. When Farouk Abdulmutallab — the Christmas Day bomber — went to Yemen in 2009, Awlaki hosted him, approved his suicide operation, helped him tape a martyrdom video to be shown after the attack, and his last instructions were to blow up the airplane when it was over American soil. I would have detained and prosecuted Awlaki if we captured him before he carried out a plot, but we couldn’t. And as President, I would have been derelict in my duty had I not authorized the strike that took him out.
Of course, the targeting of any American raises constitutional issues that are not present in other strikes — which is why my administration submitted information about Awlaki to the Department of Justice months before Awlaki was killed, and briefed the Congress before this strike as well. But the high threshold that we’ve set for taking lethal action applies to all potential terrorist targets, regardless of whether or not they are American citizens. This threshold respects the inherent dignity of every human life. Alongside the decision to put our men and women in uniform in harm’s way, the decision to use force against individuals or groups — even against a sworn enemy of the United States — is the hardest thing I do as President. But these decisions must be made, given my responsibility to protect the American people.
Going forward, I’ve asked my administration to review proposals to extend oversight of lethal actions outside of warzones that go beyond our reporting to Congress. Each option has virtues in theory, but poses difficulties in practice. For example, the establishment of a special court to evaluate and authorize lethal action has the benefit of bringing a third branch of government into the process, but raises serious constitutional issues about presidential and judicial authority. Another idea that’s been suggested — the establishment of an independent oversight board in the executive branch — avoids those problems, but may introduce a layer of bureaucracy into national security decision-making, without inspiring additional public confidence in the process. But despite these challenges, I look forward to actively engaging Congress to explore these and other options for increased oversight.
I believe, however, that the use of force must be seen as part of a larger discussion we need to have about a comprehensive counterterrorism strategy — because for all the focus on the use of force, force alone cannot make us safe. We cannot use force everywhere that a radical ideology takes root; and in the absence of a strategy that reduces the wellspring of extremism, a perpetual war — through drones or Special Forces or troop deployments — will prove self-defeating, and alter our country in troubling ways.
So the next element of our strategy involves addressing the underlying grievances and conflicts that feed extremism — from North Africa to South Asia. As we’ve learned this past decade, this is a vast and complex undertaking. We must be humble in our expectation that we can quickly resolve deep-rooted problems like poverty and sectarian hatred. Moreover, no two countries are alike, and some will undergo chaotic change before things get better. But our security and our values demand that we make the effort.
This means patiently supporting transitions to democracy in places like Egypt and Tunisia and Libya — because the peaceful realization of individual aspirations will serve as a rebuke to violent extremists. We must strengthen the opposition in Syria, while isolating extremist elements — because the end of a tyrant must not give way to the tyranny of terrorism. We are actively working to promote peace between Israelis and Palestinians — because it is right and because such a peace could help reshape attitudes in the region. And we must help countries modernize economies, upgrade education, and encourage entrepreneurship — because American leadership has always been elevated by our ability to connect with people’s hopes, and not simply their fears.
And success on all these fronts requires sustained engagement, but it will also require resources. I know that foreign aid is one of the least popular expenditures that there is. That’s true for Democrats and Republicans — I’ve seen the polling — even though it amounts to less than one percent of the federal budget. In fact, a lot of folks think it’s 25 percent, if you ask people on the streets. Less than one percent — still wildly unpopular. But foreign assistance cannot be viewed as charity. It is fundamental to our national security. And it’s fundamental to any sensible long-term strategy to battle extremism.
Moreover, foreign assistance is a tiny fraction of what we spend fighting wars that our assistance might ultimately prevent. For what we spent in a month in Iraq at the height of the war, we could be training security forces in Libya, maintaining peace agreements between Israel and its neighbors, feeding the hungry in Yemen, building schools in Pakistan, and creating reservoirs of goodwill that marginalize extremists. That has to be part of our strategy.
Moreover, America cannot carry out this work if we don’t have diplomats serving in some very dangerous places. Over the past decade, we have strengthened security at our embassies, and I am implementing every recommendation of the Accountability Review Board, which found unacceptable failures in Benghazi. I’ve called on Congress to fully fund these efforts to bolster security and harden facilities, improve intelligence, and facilitate a quicker response time from our military if a crisis emerges.
But even after we take these steps, some irreducible risks to our diplomats will remain. This is the price of being the world’s most powerful nation, particularly as a wave of change washes over the Arab World. And in balancing the trade4offs between security and active diplomacy, I firmly believe that any retreat from challenging regions will only increase the dangers that we face in the long run. And that’s why we should be grateful to those diplomats who are willing to serve.
Targeted action against terrorists, effective partnerships, diplomatic engagement and assistance — through such a comprehensive strategy we can significantly reduce the chances of large-scale attacks on the homeland and mitigate threats to Americans overseas. But as we guard against dangers from abroad, we cannot neglect the daunting challenge of terrorism from within our borders.
As I said earlier, this threat is not new. But technology and the Internet increase its frequency and in some cases its lethality. Today, a person can consume hateful propaganda, commit themselves to a violent agenda, and learn how to kill without leaving their home. To address this threat, two years ago my administration did a comprehensive review and engaged with law enforcement.
And the best way to prevent violent extremism inspired by violent jihadists is to work with the Muslim American community — which has consistently rejected terrorism — to identify signs of radicalization and partner with law enforcement when an individual is drifting towards violence. And these partnerships can only work when we recognize that Muslims are a fundamental part of the American family. In fact, the success of American Muslims and our determination to guard against any encroachments on their civil liberties is the ultimate rebuke to those who say that we’re at war with Islam.
Thwarting homegrown plots presents particular challenges in part because of our proud commitment to civil liberties for all who call America home. That’s why, in the years to come, we will have to keep working hard to strike the appropriate balance between our need for security and preserving those freedoms that make us who we are. That means reviewing the authorities of law enforcement, so we can intercept new types of communication, but also build in privacy protections to prevent abuse.
That means that — even after Boston — we do not deport someone or throw somebody in prison in the absence of evidence. That means putting careful constraints on the tools the government uses to protect sensitive information, such as the state secrets doctrine. And that means finally having a strong Privacy and Civil Liberties Board to review those issues where our counterterrorism efforts and our values may come into tension.
The Justice Department’s investigation of national security leaks offers a recent example of the challenges involved in striking the right balance between our security and our open society. As Commander-in-Chief, I believe we must keep information secret that protects our operations and our people in the field. To do so, we must enforce consequences for those who break the law and breach their commitment to protect classified information. But a free press is also essential for our democracy. That’s who we are. And I’m troubled by the possibility that leak investigations may chill the investigative journalism that holds government accountable.
Journalists should not be at legal risk for doing their jobs. Our focus must be on those who break the law. And that’s why I’ve called on Congress to pass a media shield law to guard against government overreach. And I’ve raised these issues with the Attorney General, who shares my concerns. So he has agreed to review existing Department of Justice guidelines governing investigations that involve reporters, and he’ll convene a group of media organizations to hear their concerns as part of that review. And I’ve directed the Attorney General to report back to me by July 12th.
Now, all these issues remind us that the choices we make about war can impact — in sometimes unintended ways — the openness and freedom on which our way of life depends. And that is why I intend to engage Congress about the existing Authorization to Use Military Force, or AUMF, to determine how we can continue to fight terrorism without keeping America on a perpetual wartime footing.
The AUMF is now nearly 12 years old. The Afghan war is coming to an end. Core al Qaeda is a shell of its former self. Groups like AQAP must be dealt with, but in the years to come, not every collection of thugs that labels themselves al Qaeda will pose a credible threat to the United States. Unless we discipline our thinking, our definitions, our actions, we may be drawn into more wars we don’t need to fight, or continue to grant Presidents unbound powers more suited for traditional armed conflicts between nation states.
So I look forward to engaging Congress and the American people in efforts to refine, and ultimately repeal, the AUMF’s mandate. And I will not sign laws designed to expand this mandate further. Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.
And that brings me to my final topic: the detention of terrorist suspects. I’m going to repeat one more time: As a matter of policy, the preference of the United States is to capture terrorist suspects. When we do detain a suspect, we interrogate them. And if the suspect can be prosecuted, we decide whether to try him in a civilian court or a military commission.
During the past decade, the vast majority of those detained by our military were captured on the battlefield. In Iraq, we turned over thousands of prisoners as we ended the war. In Afghanistan, we have transitioned detention facilities to the Afghans, as part of the process of restoring Afghan sovereignty. So we bring law of war detention to an end, and we are committed to prosecuting terrorists wherever we can.
The glaring exception to this time-tested approach is the detention center at Guantanamo Bay. The original premise for opening GTMO — that detainees would not be able to challenge their detention — was found unconstitutional five years ago. In the meantime, GTMO has become a symbol around the world for an America that flouts the rule of law. Our allies won’t cooperate with us if they think a terrorist will end up at GTMO.
During a time of budget cuts, we spend $150 million each year to imprison 166 people — almost $1 million per prisoner. And the Department of Defense estimates that we must spend another $200 million to keep GTMO open at a time when we’re cutting investments in education and research here at home, and when the Pentagon is struggling with sequester and budget cuts.
As President, I have tried to close GTMO. I transferred 67 detainees to other countries before Congress imposed restrictions to effectively prevent us from either transferring detainees to other countries or imprisoning them here in the United States.
These restrictions make no sense. After all, under President Bush, some 530 detainees were transferred from GTMO with Congress’s support. When I ran for President the first time, John McCain supported closing GTMO — this was a bipartisan issue. No person has ever escaped one of our super-max or military prisons here in the United States — ever. Our courts have convicted hundreds of people for terrorism or terrorism-related offenses, including some folks who are more dangerous than most GTMO detainees. They’re in our prisons.
And given my administration’s relentless pursuit of al Qaeda’s leadership, there is no justification beyond politics for Congress to prevent us from closing a facility that should have never have been opened. (Applause.)
AUDIENCE MEMBER: Excuse me, President Obama —
THE PRESIDENT: So — let me finish, ma’am. So today, once again —
AUDIENCE MEMBER: There are 102 people on a hunger strike. These are desperate people.
THE PRESIDENT: I’m about to address it, ma’am, but you’ve got to let me speak. I’m about to address it.
AUDIENCE MEMBER: You’re our Commander-In-Chief —
THE PRESIDENT: Let me address it.
AUDIENCE MEMBER: — you an close Guantanamo Bay.
THE PRESIDENT: Why don’t you let me address it, ma’am.
AUDIENCE MEMBER: There’s still prisoners —
THE PRESIDENT: Why don’t you sit down and I will tell you exactly what I’m going to do.
AUDIENCE MEMBER: That includes 57 Yemenis.
THE PRESIDENT: Thank you, ma’am. Thank you. (Applause.) Ma’am, thank you. You should let me finish my sentence.
Today, I once again call on Congress to lift the restrictions on detainee transfers from GTMO. (Applause.)
I have asked the Department of Defense to designate a site in the United States where we can hold military commissions. I’m appointing a new senior envoy at the State Department and Defense Department whose sole responsibility will be to achieve the transfer of detainees to third countries.
I am lifting the moratorium on detainee transfers to Yemen so we can review them on a case-by-case basis. To the greatest extent possible, we will transfer detainees who have been cleared to go to other countries.
AUDIENCE MEMBER: — prisoners already. Release them today.
THE PRESIDENT: Where appropriate, we will bring terrorists to justice in our courts and our military justice system. And we will insist that judicial review be available for every detainee.
AUDIENCE MEMBER: It needs to be —
THE PRESIDENT: Now, ma’am, let me finish. Let me finish, ma’am. Part of free speech is you being able to speak, but also, you listening and me being able to speak. (Applause.)
Now, even after we take these steps one issue will remain — just how to deal with those GTMO detainees who we know have participated in dangerous plots or attacks but who cannot be prosecuted, for example, because the evidence against them has been compromised or is inadmissible in a court of law. But once we commit to a process of closing GTMO, I am confident that this legacy problem can be resolved, consistent with our commitment to the rule of law.
I know the politics are hard. But history will cast a harsh judgment on this aspect of our fight against terrorism and those of us who fail to end it. Imagine a future — 10 years from now or 20 years from now — when the United States of America is still holding people who have been charged with no crime on a piece of land that is not part of our country. Look at the current situation, where we are force-feeding detainees who are being held on a hunger strike. I’m willing to cut the young lady who interrupted me some slack because it’s worth being passionate about. Is this who we are? Is that something our Founders foresaw? Is that the America we want to leave our children? Our sense of justice is stronger than that.
We have prosecuted scores of terrorists in our courts. That includes Umar Farouk Abdulmutallab, who tried to blow up an airplane over Detroit; and Faisal Shahzad, who put a car bomb in Times Square. It’s in a court of law that we will try Dzhokhar Tsarnaev, who is accused of bombing the Boston Marathon. Richard Reid, the shoe bomber, is, as we speak, serving a life sentence in a maximum security prison here in the United States. In sentencing Reid, Judge William Young told him, “The way we treat you…is the measure of our own liberties.”
AUDIENCE MEMBER: How about Abdulmutallab — locking up a 16-year-old — is that the way we treat a 16-year old? (Inaudible) — can you take the drones out of the hands of the CIA? Can you stop the signature strikes killing people on the basis of suspicious activities?
THE PRESIDENT: We’re addressing that, ma’am.
AUDIENCE MEMBER: — thousands of Muslims that got killed — will you compensate the innocent families — that will make us safer here at home. I love my country. I love (inaudible) —
THE PRESIDENT: I think that — and I’m going off script, as you might expect here. (Laughter and applause.) The voice of that woman is worth paying attention to. (Applause.) Obviously, I do not agree with much of what she said, and obviously she wasn’t listening to me in much of what I said. But these are tough issues, and the suggestion that we can gloss over them is wrong.
When that judge sentenced Mr. Reid, the shoe bomber, he went on to point to the American flag that flew in the courtroom. “That flag,” he said, “will fly there long after this is all forgotten. That flag still stands for freedom.”
So, America, we’ve faced down dangers far greater than al Qaeda. By staying true to the values of our founding, and by using our constitutional compass, we have overcome slavery and Civil War and fascism and communism. In just these last few years as President, I’ve watched the American people bounce back from painful recession, mass shootings, natural disasters like the recent tornados that devastated Oklahoma. These events were heartbreaking; they shook our communities to the core. But because of the resilience of the American people, these events could not come close to breaking us.
I think of Lauren Manning, the 9/11 survivor who had severe burns over 80 percent of her body, who said, “That’s my reality. I put a Band-Aid on it, literally, and I move on.”
I think of the New Yorkers who filled Times Square the day after an attempted car bomb as if nothing had happened.
I think of the proud Pakistani parents who, after their daughter was invited to the White House, wrote to us, “We have raised an American Muslim daughter to dream big and never give up because it does pay off.”
I think of all the wounded warriors rebuilding their lives, and helping other vets to find jobs.
I think of the runner planning to do the 2014 Boston Marathon, who said, “Next year, you’re going to have more people than ever. Determination is not something to be messed with.”
That’s who the American people are — determined, and not to be messed with. And now we need a strategy and a politics that reflects this resilient spirit.
Our victory against terrorism won’t be measured in a surrender ceremony at a battleship, or a statue being pulled to the ground. Victory will be measured in parents taking their kids to school; immigrants coming to our shores; fans taking in a ballgame; a veteran starting a business; a bustling city street; a citizen shouting her concerns at a President.
The quiet determination; that strength of character and bond of fellowship; that refutation of fear — that is both our sword and our shield. And long after the current messengers of hate have faded from the world’s memory, alongside the brutal despots, and deranged madmen, and ruthless demagogues who litter history — the flag of the United States will still wave from small-town cemeteries to national monuments, to distant outposts abroad. And that flag will still stand for freedom.
Thank you very, everybody. God bless you. May God bless the United States of America. (Applause.)
May 23, 2013 3:29 PM
Find this story at 23 May 2013
Obama reframes counterterrorism policy with new rules on dronesMay 24, 2013
In a major address Thursday President Barack Obama sought to reframe the nation’s counterterrorism strategy, saying, “Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”
Speaking at the National Defense University in Washington Obama said, “America is at a crossroads. We must define our effort not as a boundless ‘global war on terror’ – but rather as a series of persistent, targeted efforts to dismantle specific networks of violent extremists that threaten America.”
In an attempt to define a new post-Sept. 11 era, Obama outlined new guidelines for the use of drones to kill terrorists overseas and pledged a
President Barack Obama discusses civilian casualties resulting from U.S. drone strikes while speaking Thursday at the National Defense University
renewed effort to close the military detention center in Guantanamo Bay. In the speech, Obama argued that, “In the years to come, not every collection of thugs that labels themselves al Qaida will pose a credible threat to the United States.” He warned that “unless we discipline our thinking and our actions, we may be drawn into more wars we don’t need to fight.”
With efforts under way in Congress to redefine the 2001 authorization to use military force (AUMF) against al Qaida, Obama said he would work with Congress “in efforts to refine, and ultimately repeal, the AUMF’s mandate. And I will not sign laws designed to expand this mandate further.”
Toward the end of Obama’s address as he discussed the Guantanamo detainees, he was repeatedly interrupted by heckling from Medea Benjamin, founder of the antiwar group Code Pink, whose members have frequently been arrested for disrupting hearings on Capitol Hill – but Obama patiently said that Benjamin’s concerns are “something to be passionate about.”
“We must define the nature and scope of this struggle, or else it will define us, mindful of James Madison’s warning that ‘No nation could preserve its freedom in the midst of continual warfare.’ Neither I, nor any president, can promise the total defeat of terror,” he declared.
As part of his redefinition of counterterrorism, the president announced several initiatives:
Setting narrower parameters for the use of remotely piloted aircraft, or drones, to kill terrorists overseas and to limit collateral casualties;
Renewing efforts to persuade Congress to agree to close the Guantanamo detention site in Cuba where 110 terrorist suspects are being held;
Appointing a new envoy at the State Department and an official at the Defense Department who will attempt to negotiate transfers of Guantanamo detainees to other countries.
Lifting the moratorium he imposed in 2010 on transferring some detainees at Guantanamo to Yemen. Obama imposed that moratorium after it was revealed that Detroit “underwear bomber” Umar Farouq Abdulmuttalab was trained in Yemen.
Obama argued that when compared to the Sept. 11, 2001 attackers, “the threat today is more diffuse, with Al Qaida’s affiliates in the
President Barack Obama talks about national security, Thursday, May 23, 2013, at the National Defense University at Fort McNair in Washington.
Arabian Peninsula – AQAP – the most active in plotting against our homeland. While none of AQAP’s efforts approach the scale of 9/11 they have continued to plot acts of terror, like the attempt to blow up an airplane on Christmas Day in 2009.”
So he said, “As we shape our response, we have to recognize that the scale of this threat closely resembles the types of attacks we faced before 9/11.”
He said that the current threat is often from “deranged or alienated individuals – often U.S. citizens or legal residents – (who) can do enormous damage, particularly when inspired by larger notions of violent jihad. That pull towards extremism appears to have led to the shooting at Fort Hood, and the bombing of the Boston Marathon.”
In discussing his drone strategy he indicated his remorse over the innocent people who had been killed: “it is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in all wars. For the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, these deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred through conventional fighting in Afghanistan and Iraq.”
There remains considerable doubt about Obama’s ability to persuade a majority in Congress to change the current law on releasing detainees held there.
Demonstrators stand near a mock drone at the gates of Fort McNair where President Barack Obama will speak at the National Defense University in Washington May 23, 2013.
The defense spending bill which Obama signed into law last year prohibits any transfers to the United States of any detainee at Guantanamo who was held there on or before Jan. 20, 2009, the day Obama became president.
And the law sets a very high legal bar for Defense Secretary Chuck Hagel to transfer a detainee to his country of origin or to any other foreign country.
Hagel would need to certify to Congress that the detainee will not be transferred to a country that is a designated state sponsor of terrorism. The country must have agreed to take steps to ensure that the detainee cannot take action to threaten the United States, U.S. citizens, or its allies in the future.
The law allows Hagel to use waivers in some cases to transfer detainees.
In a mostly skeptical and sometimes dismissive reaction to Obama’s speech, key Republican senators said at a press conference that he still had not offered a coherent plan for what to do with the different types of detainees held at Guantanamo, some of whom they said need to be held indefinitely, while others might be eligible for release.
Obama’s 2008 opponent, Sen. John McCain, R- Ariz., said that “to somehow argue that al Qaida is ‘on the run’ comes from a degree of unreality that to me is really incredible.” He argued that al Qaida is “expanding all over the Middle East” and in North Africa. He said repealing the congressional authorization to use military force “contradicts the reality of the facts on the ground.”
…
By Tom Curry, National Affairs Writer, NBC News
This story was originally published on Thu May 23, 2013 2:00 PM EDT
Find this story at 23 May 2013
© 2013 NBCNews.com
White House says drone strikes have killed four US citizensMay 24, 2013
Eric Holder acknowledges previously classified details of drone program and says US deliberately targeted Anwar al-Awlaki, who died in Yemen in 2011
Holder claimed Anwar al-Awlaki, who died in Yemen in 2011, had been involved in plots to blow up planes over US soil. Photograph: Yahya Arhab/EPA
The White House has launched a new effort to draw a line under its controversial drone strike policy by admitting for the first time that four American citizens were among those killed by its covert attacks in Yemen and Pakistan since 2009.
In a letter to congressional leaders sent on Wednesday, attorney general Eric Holder acknowledged previously classified details of the drone attacks and promised to brief them on a new US doctrine for sanctioning such targeted killings in future.
Holder claimed one of the US citizens killed, Anwar al-Awlaki, was chief of external operations for al-Qaida in the Arabian Peninsula (Aqap) and had been involved in plots to blow up airplanes over US soil. However, Holder said three others killed by drones – Samir Khan, Abdul Rahman Anwar al-Awlaki and Jude Kenan – were not “specifically targeted”. The second of these victims, Anwar al-Awlaki’s son, is said by campaigners to have been 16 when he died in Yemen in 2011.
The Bureau of Investigative Journalism estimates that between 240 and 347 people have been killed in total by confirmed US drone strikes in Yemen since 2002, with a further 2,541 to 3,533 killed by CIA drones in Pakistan.
Amid mounting concern that the policy has harmed US interests overseas, President Obama is expected to give a major speech on his counter-terrorism strategy at the National Defense University in Washington on Thursday, marking the start of a concerted effort to better justify and explain the killings.
“The president will soon be speaking publicly in greater detail about our counterterrorism operations and the legal and policy framework,” Holder told 22 senior members of Congress in Wednesday’s letter.
“This week the president approved a document that institutionalises the administration’s exacting standards and processes for reviewing and approving operations to capture or use lethal force against terrorist targets outside the United States and areas of active hostilities.”
The attorney general said this document would remain classified, but relevant congressional committees would be briefed on its contents. No further details were given of other killings in the five-page letter.
Earlier, White House spokesman Jay Carney said Obama would also outline his renewed attempt to shut the Guantánamo Bay detention centre in the speech and seek to explain why previous efforts had failed.
After a week in which Obama has been accused of failing to deal openly with crises such as the the targeting of Tea Party activists by the Internal Revenue Service, the White House hope it can defuse concern over drones and Guantánamo by being more transparent about its objectives.
…
Dan Roberts in Washington
guardian.co.uk, Thursday 23 May 2013 14.20 BST
Find this story at 23 May 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.
The Rendition Project Researching the globalisation of rendition and secret detentionMay 24, 2013
The Rendition Project website is the product of a collaborative research project between Dr Ruth Blakeley at the University of Kent and Dr Sam Raphael at Kingston University.
Following the declaration of the ‘war on terror’ in September 2001, the US Government led the way in constructing a global system of detention outside the law, illegal prisoner transfers (rendition), and torture. Overall, this system has involved the detention and torture, in secret, of hundreds of detainees, in scores of detention sites around the world. Renditions between detention sites in a range of countries have been carried out using a variety of aircraft supplied by private contractors, and states allied to the US (including several European states) have been actively involved, or passively complicit, in the crimes committed.
This website aims to bring together and analyse the huge amount of data that exists about the rendition and secret detention programme, and to provide users with a comprehensive picture of how the system operated, how it evolved over time, and what happened to those subjected to years of illegal detention and torture.
Working closely with Reprieve, a legal action charity which has led the way in investigating secret prisons and representing victims of rendition and torture, it also aims to provide investigators with new tools in the continuing efforts to uncover where people were held, how they were treated, and who was responsible for the human rights abuses they suffered.
Using the menu structure at top of each page, it is possible to:
Explore the issues at stake: learn what rendition and secret detention are, and how they violate international human rights law;
Read first-hand accounts of being subjected to CIA rendition;
View key moments in the creation and evolution of the global system of rendition and secret detention;
Search the Rendition Flights Database and interactive map (the world’s largest compilation of public flight data relating to the rendition programme, providing new insights into the movement of CIA-linked aircraft after 9/11);
Navigate through the global rendition system, using our extensive and integrated profiles on detainees, aicraft and rendition flights, supported by a huge repository of primary documents which evidence each case;
Access our large collection of documents, including government memos, court papers, flight data and past investigative reports.
Our work has been funded by the UK’s Economic and Social Research Council (ESRC), and is accredited under the Global Uncertainties programme. We are also indebted to the team of research assistants who worked on the project throughout 2011-2012, as well as to those other organisations and individuals that have led the way in investigating rendition, representing detainees, and informing the public.
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Find another map at
UK provided more support for CIA rendition flights than thought – studyMay 24, 2013
The Rendition Project suggests aircraft associated with secret detention operations landed at British airports 1,622 times
US warplanes at their base in the British territory of Diego Garcia in the Indian Ocean. Photograph: Usaf/AFP
The UK’s support for the CIA’s global rendition programme after the September 11 terrorist attacks on the US was far more substantial than has previously been recognised, according to a new research project that draws on a vast number of publicly available data and documentation.
Evidence gathered by The Rendition Project – an interactive website that maps thousands of rendition flights – highlight 1,622 flights in and out of the UK by aircraft now known to have been involved in the agency’s secret kidnap and detention programme.
While many of those flights may not have been involved in rendition operations, the researchers behind the project have drawn on testimony from detainees, Red Cross reports, courtroom evidence, flight records and invoices to show that at least 144 were entering the UK while suspected of being engaged in rendition operations.
While the CIA used UK airports for refuelling and overnight stopovers, there is no evidence that any landed in the UK with prisoners on board. This may suggest that the UK government denied permission for this. In some cases, it is unclear whether the airline companies would have been aware of the purpose of the flights.
Some 51 different UK airports were used by 84 different aircraft that have been linked by researchers to the rendition programme. Only the US and Canada were visited more frequently. The most used UK airport was Luton, followed by Glasgow Prestwick and Stansted. There were also flights in and out of RAF Northolt and RAF Brize Norton.
The CIA’s use of UK airports was first reported by the Guardian in September 2005. Jack Straw, the then foreign secretary, dismissed the evidence, telling MPs in December that year that “unless we all start to believe in conspiracy theories and that the officials are lying, that I am lying, that behind this there is some kind of secret state which is in league with some dark forces in the United States … there simply is no truth in the claims that the United Kingdom has been involved in rendition.”
Straw told the same MPs that media reports of UK involvement in the mistreatment of detainees were “in the realms of the fantastic”. Documentation subsequently disclosed in the high court in London showed that Straw had consigned British citizens to Guantánamo Bay in Cuba after they were detained in Afghanistan in 2001.
…
New light shed on US government’s extraordinary rendition programme
22 May 2013
Online project uncovers details of way in which CIA carried out kidnaps and secret detentions following September 11 attacks
• The Rendition Project interactive
• CIA rendition flights explained
22 May 2013
US rendition map: what it means, and how to use it
22 May 2013
US rendition: every suspected flight mapped
21 May 2013
Abdel Hakim Belhaj torture case may be heard in secret court
UK funds poll in Pakistan on US drone attacks
18 May 2013
Foreign Office sponsored surveys investigating impact of CIA drone campaign in Pakistan, minister Alistair Burt tells MPs
Ian Cobain and James Ball
The Guardian, Wednesday 22 May 2013 12.02 BST
Find this story at 22 May 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.
CIA requested Zero Dark Thirty rewrites, memo revealsMay 10, 2013
Document shows agency requested removal of interrogation scene with dog, and shots of operatives partying with AK47
A newly declassified CIA document suggests members of the US agency did help to shape the narrative of Zero Dark Thirty, Kathryn Bigelow’s recent film about the hunt for Osama bin Laden.
In January the US Senate intelligence committee launched an investigation into whether Bigelow and screenwriter Mark Boal were granted “inappropriate access” to classified CIA material following concern from high-profile members over the film’s depiction of torture in the search for the al-Qaida chief. The probe was dropped in February after Zero Dark Thirty, which had initially been tipped as an Oscars frontrunner, left the world’s most famous film ceremony with just a single award for sound editing.
However according to Gawker it has now emerged that the CIA did successfully pressure Boal to remove certain scenes from the Zero Dark Thirty script, some of which might have cast the agency in a negative light. Details emerged in a memo released under a US Freedom of Information Act request. It summarises five conference calls held in late 2011 for staff in the agency’s Office of Public Affairs “to help promote an appropriate portrayal of the agency and the Bin Laden operation”.
Several elements of the draft screenplay for Zero Dark Thirty were changed for the final film upon agency request, according to the memo. Jessica Chastain’s Maya, the film’s main protagonist, was originally seen participating in an early water-boarding torture scene, but in the final film she is only an observer. A scene in which a dog is used to interrogate a suspect was also excised from the shooting script. Finally a segue in which agents party on a rooftop in Islamabad, drinking and shooting off an AK47 in celebration, was also removed upon CIA insistence. This was agreed to despite the documented use of aggressive dogs in US interrogations of terror suspects at Guantánamo Bay in the early days of George W Bush’s war on terror, and despite some of the photographs from the later Abu Ghraib scandal featuring dogs menacing naked prisoners.
…
Ben Child
guardian.co.uk, Tuesday 7 May 2013 16.47 BST
Find this story at 7 May 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.
A Bet on Peace for War-Torn SomaliaMay 10, 2013
Michael Stock is pursuing an extreme version of that basic investor’s principle: Get in early. He’s just finished building a resort on the coast of war-torn Mogadishu, Somalia. WSJ’s Christopher S. Stewart reports. (Photo: Dominic Nahr/WSJ)
MOGADISHU, Somalia—Michael Stock sees things that others don’t. “Imagine this,” he says one recent afternoon, standing on the sunny second-floor deck of his new oceanside hotel in Somalia’s war-battered capital. “There are banana trees where there’s desert now, and there’s this view.”
The banana trees haven’t grown in yet, but International Campus, as he calls the complex, is the closest thing to a Ritz for many miles. A fortified compound sprawled across 11 acres of rocky white beach, it offers 212 rooms including $500-a-night villas, several dining rooms, coffee and snack shops, and a curving slate-colored pool where sun-seekers can loll away Somali afternoons.
“It’s going to be ridiculous!” Mr. Stock said, just weeks before residents began arriving for April’s opening.
A few hours later, the jittery sound of gunfire split the warm February air not far from his new hotel—a reminder that the country is still muddling through a decades-old conflict and that there are still bullets flying, bombs detonating.
Bananas in the Desert
Most Western countries have avoided Somalia, leaving a void to be filled by contractors like Michael Stock’s Bancroft Global Development. He envisions ‘banana trees where there is desert.’
Dominic Nahr/Magnum Photos for The Wall Street Journal
Here, Mr. Stock, left, outside Mogadishu, Somalia’s war-battered capital, with an employee, Richard Rouget.
Mr. Stock isn’t just anyone gambling on a far-fetched idea in a conflict zone. In an unusual twist of the war business, the 36-year-old American is deeply involved in the conflict itself. In addition to being a real estate developer, his company also helps train Somalis in modern military techniques.
His security company, Bancroft Global Development, has supported African troops since 2008 as they fought al-Shabaab, the Somali Islamic group tied to al Qaeda, which the U.S. views as a terrorist threat. The United Nations and the African Union, with U.S. State Department money, pay Bancroft to support soldiers in everything from counterinsurgency tactics to bomb disposal, sniper training, road building and, as Mr. Stock puts it, “bandaging shot-off thumbs.”
Security companies have, of course, been rushing into war zones forever, sometimes controversially. A recent congressional study on wartime contracting estimated that the U.S. spent some $206 billion on outside contracts and grants in Iraq and Afghanistan between 2002 and 2011.
Most Western countries have stayed out of Somalia. Contractors like Bancroft partly fill that void. The U.S., which pulled its troops after American soldiers died in the 1993 Black Hawk Down tragedy, has spent more than $650 million since 2006 on supporting the African Union Mission in Somalia, known as Amisom, and its more than 17,000 soldiers.
Unlike many security contractors, Mr. Stock’s company, based in Washington, D.C., is a nonprofit not primarily concerned with making money on military support services. In fact, it actually sustains stretches of multimillion-dollar losses, Mr. Stock says. Meanwhile its sister company, Bancroft Global Investment, chases profits by pouring money into war-zone real estate.
Dominic Nahr/Magnum Photos for The Wall Street Journal
Michael Stock develops real estate in Somalia and Afghanistan.
Mr. Stock’s gamble: The security outfit will help guide the country toward peace, turning his investments into big money. “It’s like getting in at the bottom of the stock market,” says Mr. Stock. His unusual war operation is making him into a kind of ultimate gentrifier, a mini mogul of Mogadishu, perhaps.
His first properties went up in Afghanistan. But Somalia represents his latest push. Along with the new place, Mr. Stock says he has invested more than $25 million in various for-profit ventures, including a “trailer park” hotel built out of shipping containers at the airport, a compound of prefabricated buildings fronting the city’s old port and a cement factory.
Bancroft is the only contractor supplying military training to Amisom soldiers in the country. Mr. Stock estimates that his team of 100 or so people in Somalia works with roughly a third of the 17,000 Amisom forces at any given time.
After more than two decades of violence in Somalia, there are glimmers of hope. African troops, with Bancroft’s support, have pushed the insurgents to more rural areas. In January, the U.S. recognized the Somali government for the first time since 1991 and last month a U.S. Agency for International Development official urged at a news conference, “Get in on the ground floor.”
A new president leads Somalia. Expats are returning to rebuild and there are even people on the beaches. “We swim here all the time,” said a Russian helicopter operator, as a friend floated on an inner tube along a bullet-littered stretch of ocean near the airport. “The water’s good!”
With dwindling war efforts in Iraq and Afghanistan, other American contractors are moving in, too. A Virginia company, Atlantean, is setting up an airport hotel in the south. Among its board members, according to its website, is former Maj. Gen. William Garrison, who led the mission associated with Black Hawk Down. In the movie version, he was played by Sam Shepard. Maj. Gen. Garrison couldn’t be reached for comment.
‘Will we get shot at the first day?’ a colleague asked as they flew into Somalia. ‘Probably,’ Mr. Stock laughed.
“There are infinite possibilities in a country that has to be literally built from the ground up,” said Ken Menkhaus, a Somalia expert at Davidson College. These possibilities, however, also include the worst: a return to a hell-ripped Somalia. That reality loomed only weeks ago when militants bombed the capital’s main courthouse, killing more than two dozen people.
Contracting out security has its perils. An investigation by the U.N.’s Monitoring Group on Somalia and Eritrea last summer found companies “operating in an arguably paramilitary fashion.” The investigation found a “growing number” of foreign private security companies working in Somalia with diplomatic missions, international companies and individuals.
According to one person familiar with the confidential part of the report and unaffiliated with Bancroft, the report found that Bancroft was “very transparent about the way they operated,” whereas some other companies were “more deceptive.”
Mr. Stock has attracted some big-name attention. In November, he flew in Warren Buffett’s son Howard to look at potential agricultural projects—part of Mr. Stock’s interest in creating a farming operation to service his hotels, among other things.
“He was the only one who would bring me into the country,” said Mr. Buffett, who has been involved in philanthropy around the Horn of Africa.
Almost monthly, Mr. Stock commutes here from Washington, D.C. This time his “fast plane,” a 10-seat jet, was in the shop so he borrowed a five-seater Cessna in Kenya from a friend.
Accompanying him was a new Bancroft recruit. He had been a part of an Army Delta Force squad that chased al Qaeda in Iraq.
“Will we get shot at the first day?” the former soldier asked at one point.
“Probably,” Mr. Stock said, laughing. “I promised you some spice!”
Bancroft says it employs about 200 men around the world. About half work in Somalia. Some have roots in elite military forces including the Navy SEALs, French Foreign Legion and British Special Air Service, the employees say. “It’s like an extreme sport,” says one, Richard Rouget, a South African resident and former French soldier.
The idea for the business came during a summer job in 1998 with the U.S. embassy in Morocco, where Mr. Stock visited a refugee camp in the Sahara ringed by land mines. “Why hasn’t someone shown them how to remove the mines?” he recalls thinking.
A year later, after graduating from Princeton, he started a mine-removal company. “Like a dot-com,” is how Mr. Stock describes the early days. He had no full-time staffers and spent months meeting people in the field. There was only sporadic mine-removal work, for little money, in some of the world’s most unstable places: Mali, Chad, and Iraq.
His family’s wealth helped. His great-grandfather, Lewis Strauss, made tens of millions as partner at the investment firm Kuhn, Loeb & Co. In time, Mr. Stock borrowed some $8 million from different banks and invested about $2 million of his own money.
As the U.S. military went after the Taliban in 2002, Mr. Stock’s company landed in Afghanistan and offered services through a local partner, Mine Pro. He invested in the company and built a group to train bomb-detecting dogs and do anything from plumbing to car repair.
But his company operated at a loss, he says. It didn’t make money for about two years, the time it took to get his local Afghan partner up to speed and wait for it to win contracts.
A more profit-minded security contractor might have called it quits. Mr. Stock, however, had another idea. “My thinking was that you could lose money on security to bet on development,” he says.
Afghanistan certainly lacked decent, secure accommodation. Initially he built an eight-bedroom compound in Kabul and another, bigger residence in Herat, the country’s third-largest city. He started a car rental service, too.
Eventually, security began paying off, Mr. Stock says. He started receiving a share of his partner company’s contracts, with that revenue peaking at about $1.8 million in 2005.
But the bigger money was in his properties. Today, the original two have been expanded into protected city blocks of multiple buildings. They house tenants associated with the World Bank and the International Development Law Organization, among others.
Over the past eight years, the real estate and other commercial services like car rental in Afghanistan have brought in about $32 million in net revenue, according to financial documents provided by Bancroft. Much of that money is now being invested in Somalia.
“It was like Stalingrad in 1942,” Mr. Stock says of the day in late 2007 when he flew into Mogadishu. The city was a smoky battlefield of bomb explosions and firefights between the Shabaab and the African troops, who had arrived earlier in the year.
But that was the point, he says. “We wanted get in at the worst time, when it’s really bad.”
The Shabaab, Arabic for “The Youth,” had taken over much of the capital. They built power over years, though the bloodshed had begun long before, in 1991, when armed clans forced out Somalia’s military-run government.
His team set up tents at the airport and struck a deal with the African troops, he says. “We said we’ll help you, if you keep us from getting killed.”
Some worry that contractors like Bancroft face little scrutiny—an issue of “accountability,” as one Western intelligence analyst put it. “Who works for them?” he said. “What are they doing?”
“The pro side,” he said, “is that they were here when no one else would come.”
A person familiar with the U.S. State Department’s policy on Somalia said that the company had helped create an “effective fighting force.” A U.N. official, meanwhile, noted that Bancroft’s training in roadside bombs had reduced deaths among African soldiers.
Mr. Stock winces at the terms “mercenary” and “hired guns,” which he considers inaccurate. He calls his men “mentors” who train people rather than fight.
Even though they don’t carry weapons, working closely with soldiers, medics and others means that they are in the line of fire. “If the African forces are overrun, we’re all dead,” he says.
Dressed in body armor and a helmet one morning, Mr. Stock says he had never considered joining the military himself. “I don’t take orders well,” he joked, riding along in a convoy of armored carriers in downtown Mogadishu, gunners manning the roof hatches. It was part of a sweep Burundi and Somali soldiers for insurgents.
The streets alternated between bombed-out buildings and stretches of fresh paint. Soon, a sniper was spotted. Later, a gunfight broke out. Then, an exploded roadside bomb brought the convoy to a halt. By the end, six suspected militants were detained and Bancroft took the bomb for analysis.
“Danger comes and goes quickly here,” says Mr. Stock. “It’s like lightning. If it hits, it hits.”
It was nearly three years of free security training in Somalia, and $6 million out of pocket, according to financial filings, before he landed his first contract with the U.N. Various U.N. agencies have paid the company some $15 million since then and the African Union, with the U.S. State Department money, will have paid Bancroft a total of about $25 million by the end of the year.
All along, though, he expanded into real estate. In 2011, he created the for-profit side of the company, Bancroft Global Investment. That year, he sold an 18% stake, just under $1 million, in the Somali properties to a Washington, D.C., developer, Michael Darby.
“When you hear Somalia, you think of the most dangerous place on earth,” says Mr. Darby. “But I’m prone to take more risks than others.”
Making real-estate deals in Somalia wasn’t easy, Mr. Stock says. It took “dozens” of meetings with government officials, clan leaders and neighbors of the properties. “You have to spend a lot of time figuring out who is who,” he says. There is no formal contract for the land, but rather “consensus building,” he says, that results in a verbal go-ahead from the collective parties.
Mr. Stock made a similar land deal, a public-private partnership with the Somali government for some beach property near the port, but didn’t work out as well.
…
A version of this article appeared April 27, 2013, on page A1 in the U.S. edition of The Wall Street Journal, with the headline: A Bet on Peace for War-Torn Somalia.
Updated April 26, 2013, 10:37 p.m. ET
By CHRISTOPHER S. STEWART
Write to Christopher S. Stewart at christopher.stewart@wsj.com
Find this story at 26 April 2013
Copyright 2012 Dow Jones & Company, Inc.
Private Army Formed to Fight Somali Pirates Leaves Troubled LegacyMay 10, 2013
WASHINGTON — It seemed like a simple idea: In the chaos that is Somalia, create a sophisticated, highly trained fighting force that could finally defeat the pirates terrorizing the shipping lanes off the Somali coast.
But the creation of the Puntland Maritime Police Force was anything but simple. It involved dozens of South African mercenaries and the shadowy security firm that employed them, millions of dollars in secret payments by the United Arab Emirates, a former clandestine officer with the Central Intelligence Agency, and Erik Prince, the billionaire former head of Blackwater Worldwide who was residing at the time in the emirates.
And its fate makes the story of the pirate hunters for hire a case study in the inherent dangers in the outsourced wars in Somalia, where the United States and other countries have relied on proxy forces and armed private contractors to battle pirates and, increasingly, Islamic militants.
That strategy has had some success, including a recent offensive by Kenyan and African Union troops to push the militant group Al Shabab from its stronghold in the port city of Kismayu.
But with the antipiracy army now abandoned by its sponsors, the hundreds of half-trained and well-armed members of the Puntland Maritime Police Force have been left to fend for themselves at a desert camp carved out of the sand, perhaps to join up with the pirates or Qaeda-linked militants or to sell themselves to the highest bidder in Somalia’s clan wars — yet another dangerous element in the Somali mix.
A United Nations investigative group described the effort by a company based in Dubai called Sterling Corporate Services to create the force as a “brazen, large-scale and protracted violation” of the arms embargo in place on Somalia, and has tried to document a number of grisly cases in which Somali trainees were beaten and even killed. In one case in October 2010, according to the United Nations group, a trainee was hogtied with his arms and feet bound behind his back and beaten. The group said the trainee had died from his injuries, an accusation disputed by the company.
Sterling has portrayed its operation as a bold private-sector attempt to battle the scourge of piracy where governments were failing. Lafras Luitingh, a senior manager for the project, described the October 2010 occurrence as a case of “Somali-on-Somali violence” that was not indicative of the overall training program. He said that the trainee had recovered from his injuries, and that “the allegations reflect not the professional training that occurred but the fact that professional training was needed,” he said.
A lawyer for the company, Stephen Heifetz, wrote an official response to the United Nations report, calling it “a collection of unsubstantiated and often false innuendo assembled by a group with extreme views regarding participants in Somali politics.”
Sterling officials have pointed out that in March, a United Nations counterpiracy organization — a separate entity from the investigative group that criticized Sterling — praised the semiautonomous Somali region of Puntland for creating the program. Moreover, the company argues, Somalia already is a playground for clandestine operations, with the C.I.A. now in the midst of an extensive effort to arm and equip Somali spies. Why, they ask, is Sterling Corporate Services singled out for criticism?
Concerned about the impact of piracy on commercial shipping in the Middle East, the United Arab Emirates has sought to take the lead in battling Somali pirates, both overtly and in secret by bankrolling operations like Sterling’s.
American officials have said publicly that they never endorsed the creation of the private army, but it is unclear if Sterling had tacit support from parts of the United States government. For instance, the investigative group reported in July that the counterpiracy force shared some of the same facilities as the Puntland Intelligence Service, a spy organization answering to Puntland’s president, Abdirahman Farole, that has been trained by C.I.A. officers and contractors for more than a decade.
With the South African trainers gone, the African Union has turned to a different security contractor, Bancroft Global Development, based in Washington, to assess whether the pirate hunters in Puntland can be assimilated into the stew of other security forces in Somalia sanctioned both by the United States and the African Union. Among those groups are a 10,000-man Somali national army and troops of Somalia’s National Security Agency, based in Mogadishu, which is closely allied with the C.I.A.
Michael Stock, Bancroft’s president, said a team of his that recently visited the camp where the Puntland force is based witnessed something out of the Wild West: nearly 500 soldiers who had gone weeks without pay wandering the main compound and two other small camps, an armory of weapons amassed over two years at their disposal.
Although the force is far from the 1,000-man elite unit with helicopters and airplanes described in the United Nations report, Mr. Stock and independent analysts said the Puntland soldiers still posed a potential threat to the region if left unchecked.
“Sterling is leaving behind an unpaid but well-armed security force in Puntland,” said Andre Le Sage, a senior research fellow who specializes in Africa at the National Defense University in Washington. “It’s important to find a way to make them part of a regular force or to disarm them and take control of them. If that’s not done, it could make things worse.”
Mr. Stock, whose company trains soldiers from Uganda and Burundi for counterinsurgency missions in Somalia under the African Union banner, said Bancroft would not take over Sterling’s counterpiracy mission.
The Sterling operation was shrouded in a degree of secrecy from the time Mr. Luitingh and a small group of South Africans traveling in a private plane first touched down in Bosasso, Puntland’s capital, in 2010. The men worked for Saracen International, a South African private military firm hired by the emirates and composed of several former members of the Civil Cooperation Bureau, the feared paramilitary squad during the apartheid era.
The following year, after The New York Times wrote about the operation, Saracen hired a prominent Washington law firm to advocate for the mission at the State Department and the Pentagon, and a rebranding campaign began. A new company, Sterling Corporate Services, was created in Dubai to oversee the training in Puntland. It was an attempt to put distance between the Somalia operations and Saracen’s apartheid-era past, but some of the officers of the two companies were the same.
Two well-connected Americans were also involved in the project. Michael Shanklin, a former C.I.A. station chief in Mogadishu, was hired to tap a network of contacts both in Washington and East Africa to build support for the counterpiracy force. More significant was the role of Mr. Prince, who had become an informal adviser to the crown prince of Abu Dhabi, Sheik Mohamed bin Zayed Al Nahyan.
At the time, Mr. Prince was also involved in a project to train Colombian mercenaries at a desert camp in the emirates to carry out missions at the behest of the Emirati government.
But the emirates’ refusal to publicly acknowledge their role in the operation, or to make a formal case to the United Nations Security Council to receive permission to build the army under the terms of the Somalia arms embargo, drew the ire of United Nations arms monitors, who repeatedly pressed the emirates to shut down the mission.
Lawyers for Sterling gave extensive briefings on the program to the State Department, the Pentagon and various United Nations agencies dealing with piracy.
Yousef Al Otaiba, the emirates’ ambassador to Washington, declined to comment for this article.
American officials said they had urged Sterling’s lawyers, from the firm of Steptoe & Johnson, to have the operation approved by the Security Council. Mr. Heifetz, the company’s lawyer, said Puntland and other Somali authorities did receive permission to build the police force. A spokeswoman for the State Department said the United States government never approved Sterling’s activities.
“We share the monitoring group’s concerns about the lack of transparency regarding the Saracen and Sterling Corporate Services’ train-and-equip program for the Puntland Maritime Police Force, as well as the abuses alleged to have occurred during the training,” said Hilary Renner, a State Department spokeswoman, referring to the United Nations Monitoring Group on Somalia and Eritrea, the investigative arm.
…
October 4, 2012
By MARK MAZZETTI and ERIC SCHMITT
Find this story at 4 October 2012
© 2012 The New York Times Company
Private Security Companies in Somalia are in violation of the arms embargo – UNMay 10, 2013
The United Nations is concerned that member states are failing to uphold the arms embargo on Somalia by allowing private security companies (PSCs) to operate in the country. South Africa, Uganda, Ethiopia and the United Arab Emirates were singled out in a UN report.
In its Report of the Monitoring Group on Somalia and Eritrea, the United Nations said that the provision of security assistance, in the absence of UN authorisation, “constitutes a violation of the general and complete arms embargo on Somalia.” It added that the Monitoring Group was concerned that member states “routinely fail to fulfil their obligations” which require them to prevent “the direct or indirect supply, sale or transfer of weapons and military equipment and the direct or indirect supply of technical assistance or training, financial or other assistance” to Somalia.
The report highlights several of the numerous security companies operating in Somalia, notably Sterling Corporate Services/Saracen International Lebanon. In late 2011, the assets, personnel and operations of Saracen International Lebanon were transferred to Sterling Corporate Services (SCS), reportedly a Dubai registered company, which resumed large-scale military training, technical assistance and support to the Puntland Maritime Police Force (PMPF).
“Established in May 2010, with the involvement of Erik Dean Prince, the American founder of Blackwater U.S.A., this externally-financed assistance programme has remained the most brazen violation of the arms embargo by a PSC,” the report said. “In 2011, Saracen’s training camp near Bosaaso became the best-equipped military facility in Somalia after AMISOM’s bases in Mogadishu. The SCS base today includes a modern operational command centre, control tower, airstrip, helicopter deck and about 70 tents, which can host up to 1,500 trainees.”
“Thanks to this massive initiative, the Puntland Maritime Police Force is now a well-equipped elite force, over 1,000 strong, with air assets used to carry out ground attacks, that operates beyond the rule of law and reports directly to the President of Puntland. This private army disingenuously labeled a ‘counter-piracy’ force, has been financed by zakat [Muslim charity] contributions mainly from high-ranking officials from the United Arab Emirates, including Crown Prince and Deputy Supreme Commander of the UAE Armed Forces, Sheikh Mohammed bin Zayed Al Nahyan. The UAE government, however, has officially denied any involvement in the project,” the UN reports.
The Monitoring Group stated that SCS was characterised by a lack of transparency, accountability or regard for international law and this was unlikely to change without intervention from its state sponsor.
Another private security company mentioned in the report was the South African-based Pathfinder, which in August 2011 was contracted by Africa Oil, via its local subsidiaries, to provide security advice and risk analysis. Pathfinder personnel on the ground liaise with local authorities in charge of security and oversee the Exploration Security Unit (ESU), a special branch of the Puntland security forces established to protect oil exploration and exploitation.
The UN report noted that Pathfinder’s transparency and its efforts to comply with the sanctions regime arguably represent ‘best practices’ for private security companies in Somalia. “However, its ‘temporary issue’ of military equipment and the direct funding of the ESU by Africa Oil (via its subsidiary, Canmex) constitute violations of Security Council resolution 733 (1992).”
Also singled out in the report was the Washington DC-based charity Bancroft Global Development, operating in Somalia under the auspices of AMISOM. The report said it is currently the only private company providing assistance to Somali security sector institutions that complies with UN resolutions.
Other security providers form part of a growing network of private contractors that provide security details for individuals, foreign companies, diplomatic missions, international non-governmental organisations and international organizations in Somalia. They supervise local militias, provide armed escorts and static guards, often importing armoured vehicles, personal protective equipment (PPE) and operating in an arguably paramilitary fashion, according to the United Nations report.
Apart from organisations based in Somalia, private security companies are also used to provide protection to diplomats, international NGO workers, journalists, foreign contractors and businessmen visiting Mogadishu. Since November 2011, even the United Nations has also engaged a private local militia in Mogadishu to protect the movements of its staff.
…
Written by defenceWeb
Wednesday, 08 August 2012 14:28
Find this story at 8 August 2012
© defenceweb
MI6 ‘ghost money’ sent to Hamid Karzai amid massive Afghan corruptionMay 10, 2013
Following reports the CIA gave millions of dollars to Afghan President Hamid Karzai, MI6 has said it sent “ghost money” to the country’s government. The donations have sparked claims the funds fuel corruption and are used to appease Afghan warlords.
UK Intelligence said the “bundles” of cash were channeled into special projects aimed at rebuilding the troubled nation, reported UK newspaper the Telegraph. However, Karzai previously stated the handouts from the CIA are an “easy source of petty cash.”
Karzai addressed claims of corruption over the weekend, categorically denying the handouts went to militant leaders and maintaining “the major part of this money was spent on government employees such as our guards.”
Money from the UK government was just a small portion of the multi-million dollar payouts sent by the CIA since 2001.
UK MPs have voiced their concern over the lack of regulation of funds that are channeled into the war-torn nation.
“Every effort towards a political fix in Afghanistan must be made and those efforts welcomed but whether or not the money is well spent is a matter that must also be considered,” Conservative MP and member of the Defense Select Committee told the Daily Telegraph. He added there “is plenty of evidence that Karzai and his clique do not have an interest in a peace settlement but instead have an interest in continuing the conflict.”
Furthermore, Karzai said some of the funds had gone towards bribing the country’s political elite, something that he described as “nothing unusual.”
The reports have given rise to accusations that funds have lined the pockets of Afghanistan’s warlords, given that many are believed to number among the country’s upper political classes.
AFP Photo / Aref Karimi
“It has been paid to individuals, not movements…we give receipts for all these expenditures to the US government,” Karzai said to press on Saturday. He has urged the CIA to continue the monetary aid that “has helped us a lot, it has solved lots of our problems.”
Both the CIA and US State Department have refrained from commenting on the reports.
The Afghan government has hitherto not specified the exact quantity of cash it receives from the CIA and MI6 every month because they are not permitted to disclose the figure. However, officials speaking to the New York Times said that the donations from the CIA amounted to tens of millions of dollars since they began following alliance force intervention in the country a decade ago.
Karzai received a barrage of criticism after reports of the foreign donations emerged, many fellow politicians regarding it as a betrayal to Afghanistan.
…
Published time: May 06, 2013 08:14
Edited time: May 06, 2013 20:21
Find this story at 6 May 2013
© Autonomous Nonprofit Organization “TV-Novosti”, 2005–2013
MI6 ‘handing bundles of cash to Hamid Karzai’May 10, 2013
British intelligence is handing “bundles” of cash over to Afghanistan’s President Hamid Karzai for special peace projects despite warnings that handouts are promoting corruption at the heart of his regime.
MI6 officials have acknowledged that the organisation has made direct cash payments to their Afghan counterparts periodically over the 12 years Britain has been at war in Afghanistan.
Mr Karzai declared handouts from the CIA and MI6 are an “easy source of petty cash” for his government as it attempts to seal alliances with powerful regional warlords and secure defections from the Taliban.
The CIA support is believed to have amounted to tens of millions of dollars since 2001 while Britain has channelled a smaller fraction of that amount into “special projects” undertaken by Karzai’s officials.
MPs expressed concern that by simply handing over so-called “ghost money” to President Karzai and his lieutenants, British spies could not be sure that the money would not be lost to corruption.
Adam Holloway, a Conservative MP and member of the Defence Select Committee, warned that they could not be trusted even if the payments could be justified on the grounds that Taliban and other insurgents must be rewarded if they give up the fight against Nato troops.
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“Every effort towards a political fix in Afghanistan must be made and those efforts welcomed but whether or not the money is well spent is a matter that must also be considered,” he told the Daily Telegraph. “There is plenty of evidence that Karzai and his clique do not have an interest in a peace settlement but instead have an interest in continuing the conflict.”
As Britain draws down troop numbers before withdrawing at the end of next year, there are fears that the pressure to seek a deal with insurgents to stop or reduce attacks will see increasing amounts of secret cash spent in Afghanistan.
“We also need to know more about how and where any cash from the UK is being used – how it is being monitored, and what benefits it is actually bringing to the people of Afghanistan,” said Angus Robertson, the SNP MP and party defence spokesman. “It is enormously important to ensure that Afghanistan is as peaceful as it can be in the build up to withdrawal. The terrible roadside attack on Royal Regiment of Scotland personnel last week shows the terrorist threat is still a very real one.”
The revelation that Mr Karzai’s office is awash with cash from his allies has caused a furore in the Afghan parliament where Mr Karzai’s government has faced a barrage of corruption allegations.
“Accepting such money is a big insult to Afghanistan. All those who accepted the cash payments have betrayed the nation,” said Hidayatullah Rihaee, an MP from Bamyan province.
But Mr Karzai said the cash flow was vital to his grip on power and said he had begged the CIA station chief to continue making payments despite US political criticism.
“This is nothing unusual,” he said. “I told him because of all these rumours in the media, please do not cut all this money, because we really need it.”
He admitted that the money had been passed on to potential allies.
…
By Damien McElroy, Foreign Affairs Correspondent
5:39PM BST 05 May 2013
Find this story at 5 May 2013
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