Shaker Aamer, 44, has been a prisoner for more than 11 years
He has been cleared twice for freedom but still not released
The US says he can only leave Guantanamo for Saudi Arabia
Aamer says he witnessed torture that led to bogus intelligence for Iraq

Guantanamo prisoner: Shaker Aamer with two of his children

The last UK prisoner at America’s infamous terror jail camp at Guantanamo Bay is guarding a devastating secret: he witnessed the torture of another detainee in an Afghan interrogation unit which led to the crucial, bogus ‘intelligence’ that sparked Britain and America’s invasion of Iraq.

Shaker Aamer, 44, a father of five from Battersea, South London, has been a prisoner for more than 11 years even though he has never been charged – and has twice been cleared for freedom by the US.

The Mail on Sunday can reveal that America wants to silence him permanently by saying he can only leave Guantanamo for Saudi Arabia, the country he left at the age of 17. But his lawyers say if he goes there he would be forbidden from speaking in public or seeing his British wife and children – and would end up in another jail.

Aamer’s case is so explosive the Commons is set to hold an emergency debate on his case on Wednesday. A Mail on Sunday investigation has revealed:
Aamer has told his lawyer how British MI6 officers were present when he was brutally assaulted and interrogated at Bagram air base in Afghanistan – where he was known as ‘Prisoner No  5’.
He said MI6 officers were also in attendance when similar treatment was meted out to Ibn Shaikh al-Libi – who was then ‘rendered’ to Egypt and tortured into claiming Saddam Hussein’s Iraq was training Al Qaeda terrorists how to use chemical weapons. That was the vital confession used by President George W. Bush and Secretary of State Colin Powell to justify war – and which persuaded Tony Blair that Saddam had to be toppled. If Aamer’s allegation that British officials witnessed Al-Libi’s ill-treatment is true, it would imply MI6 either knew about or was directly involved in his rendition to Egypt – one of the darkest episodes of the so-called ‘war on terror’.

Imprisoned: A US Army MP holds down the head of a detainee at Guantanamo so he is not identified
The Guantanamo detention facility is close to meltdown. Last week dozens of soldiers in riot gear stormed its minimum-security section, Camp 6. They fired on inmates with rubber bullets because mutineers had blocked the lenses of CCTV cameras with towels, sprayed guards with urine, and refused to allow their cells to be searched. The inmates involved are now all in solitary confinement.
A hunger strike started before the action has now spread through the entire jail. Pentagon spokesman Lieutenant Colonel Todd Breasseale said 63 of Guantanamo’s 166 prisoners are now refusing food, up from 45 on Tuesday.

Aamer joined the strike in early February and has already lost several stone. Fifteen men are being force- fed through tubes inserted into their stomachs via their nostrils and four have been hospitalised.

Aamer’s back story is similar to those of many of the other nine British citizens and eight British residents who ended up at Guantanamo. Like them, he was caught in the chaos which followed the fall of the Taliban government in Afghanistan. Like them, he has paid a heavy price.

But there is a difference. All the others were released years ago, the first batch in March 2004.

Born in Medina, Saudi Arabia, Aamer studied in America and worked as a US Army translator during the first Gulf War. He moved to London where he continued translating and met and married Zin Siddique, a British Muslim woman.

They had already had four children and Zin was pregnant with their fifth when they went to Afghanistan – where Aamer worked for a charity – in the summer of 2001.

Prison life: Detainees at Camp Delta exercising. Shaker Aamer claims he has been abused by US soldiers during his detention at Guantanamo bay

Like other British Guantanamo detainees, he was captured by the Afghan Northern Alliance and handed over to the Americans – who were paying thousands of pounds in bounties for supposed Al Qaeda members.

After a short time at Bagram and Kandahar, he reached Guantanamo on February 14, 2002.

He has since become a high- profile figure – partly because of his fluent English – and he acts as a spokesman for the prisoners and led earlier protests and hunger strikes.

His lawyer Clive Stafford Smith, of human rights organisation Reprieve, says his actions as a figurehead cannot account for his failure to be released. Other such prisoners have been freed – including Ahmed Errachidi, a former chef in London. Errachidi was even dubbed ‘the General’ by his captors because of how he organised protests and resistance at the camp.

And the second of two tribunals which cleared Aamer was exhaustive. Established soon after Barack Obama became US President in 2009, its remit was to review all remaining Guantanamo cases. It involved not only extensive interviews between Aamer and officials from Washington, but input from all the US intelligence and security agencies as to whether he might be dangerous.

Mr Stafford Smith said their conclusion was unequivocal – he wasn’t a danger.

Yet neither Aamer nor his lawyers were told he had been cleared for release only to Saudi Arabia. Official disclosure of this critical fact emerged only six weeks ago when, after further talks with the Americans, Foreign Secretary William Hague wrote to Mr Stafford Smith.

Detainees wear orange jump suits at Guantanamo Bay in 2002, the year after Aamer was detained there. They cannot hear, see or smell anything

‘We remain committed to securing Mr Aamer’s release and return to the UK,’ he said. ‘However, it is our understanding Mr Aamer has only ever been cleared for transfer to Saudi Arabia.’

Even before the current wave of hunger strikes and protests, Aamer’s situation was wretched. In the high-security wing known as Camp 5, inmates spend 23 hours a day in cells measuring 6 ft by 10 ft, containing nothing but a toilet with a small built-in sink, a metal shelf bed with a thin mattress, and a few possessions such as a Koran and toothbrush.

Their recreation takes place in isolation – in a small unroofed area in the middle of the block. There is no association between prisoners: the only way they can communicate is by yelling down the corridor.

Now, however, conditions are much worse, with 24-hour solitary confinement. When Aamer asks for anything – even a bottle of water – he becomes a victim of what is known as ‘the Forcible Cell Extraction team’.

The team of six soldiers shackle his feet and arms behind his back and then lift him ‘like a potato sack’ – so that he cannot cause any trouble. It is a process Aamer finds ‘excruciatingly painful’ because of a long-term back injury.

Prisoner: Shaker Aamer has been a prisoner at Guantanamo for more than 11 years even though he has twice been cleared for freedom by the US

Jane Ellison – the Aamer family’s Conservative MP in Battersea who has been instrumental in securing this week’s Commons debate – said the US insistence on sending him to Saudi Arabia was ‘completely illogical’.

She said: ‘It would be disastrous for his family if he were sent to Saudi Arabia. Obama may not have been able to close Guantanamo, but I don’t understand why he can’t at least solve one small part of a very big problem by letting Shaker return to Britain.

‘It just doesn’t stack up. My feeling is they won’t let him go because he knows too much and if he spoke out it would just be too embarrassing – for some people in America, and perhaps also in Britain.’

So what does Aamer know that other prisoners don’t? Mr Stafford Smith believes it is linked to what was happening in Bagram in January 2002, just before Al-Libi was taken away by CIA agents from military custody and sent to Egypt. Aamer’s lawyer’s notes record he arrived in Bagram on Christmas Eve, 2001, and from the beginning, ‘British intelligence officers were complicit in my torture’.

There were, he has said, always at least two UK agents based there, and they witnessed the abuse he suffered: ‘I was walled – meaning that someone grabbed my head and slammed it into a wall. Further, they beat my head. I was also beaten with an axe handle. I was threatened with other kinds of abuse. People were shouting that they would kill me or I would die.’

Aamer told Mr Stafford Smith: ‘I was a witness to the torture of Ibn Shaikh al-Libi in Bagram. His case seems to me to be particularly important, and my witnessing of it particularly relevant to my ongoing detention  .  .  .  He was there being abused at the same time I was.

‘He was there being abused when the British came there. Indeed, I was taken into the room in the Bagram detention facility where he was being held. There were a number of interrogators in the room.’
GRIM REGIME OF US TERROR JAIL – AND KAFKAESQUE TIMELINE THAT DOOMED SHAKER AAMER

The Guantanamo prison in Cuba today bears little resemblance to the collection of open cages – known as Camp X-Ray – where prisoners were held when it opened in 2002.

Both they and their successor, Camp Delta, a collection of prefabricated sheds with hard roofs, have long been disused.

Instead, prisoners are held in three large, concrete two-storey buildings – each ringed by concentric security fences, along Recreation Road, which leads along the Cuban coast to a beach.
Camp 5 and Camp 6 are for ‘ordinary’ prisoners, guarded by the US military.

The super-secret Camp 7 is run by the CIA and reserved for prisoners formerly held in its ‘black site’ jails in countries such as Poland and Thailand. They include some of the world’s most notorious terrorists – including Ramzi Binalshibh and Khalid Shaikh Mohammed, who face military trial as the alleged architects of 9/11.

Most of the remaining 166 detainees are said to be much less dangerous.

According to a survey by US lawyers, more than three-quarters of them were not captured ‘on the battlefield’ by Americans – but sold for huge bounty payments by the Afghan Northern Alliance or Pakistani tribesmen.

1996 – US-educated Saudi translator Shaker Aamer settles in London, marries Briton Zin Siddique.

Summer 2001 – Aamer takes family to Kabul and works for Saudi charity.

September 11, 2001 – Al Qaeda terrorists attack America.

November 2001 – Taliban regime falls.

December 18, 2001 – Ibn Shaikh al-Libi captured, taken to Bagram.

December 24, 2001 – Aamer handed to US troops by Northern Alliance; taken to Bagram.
Early January 2002 – Aamer allegedly abused with UK officials present and witnesses abuse of Al-Libi.

Mid January 2002 – Al-Libi sent by CIA to Egypt for torture.

February 14, 2002 – Aamer flown to Guantanamo.

October 2002-February 2003 – Bogus claims that Iraq trained Al Qaeda in WMD, based on Al-Libi’s tortured confessions, made by Bush and Powell.

2004–09 – All 17 other UK-based Guantanamo detainees freed – but Aamer kept at camp.
October 2006 – Al-Libi flown to Libya and jailed.

November 2008 – Obama pledges to close Guantanamo.

July 2009 – Al-Libi allegedly murdered in Libyan jail.

2007 and 2009 – Aamer cleared by US tribunals as safe to release but he is not freed.

February 2013 – Foreign Secretary reveals US will only allow Aamer’s transfer to Saudi Arabia, not UK.

April 2013 – Guantanamo close to meltdown with mass hunger strike and riot.

…

By David Rose

PUBLISHED: 00:04 GMT, 21 April 2013 | UPDATED: 10:24 GMT, 21 April 2013

Find this story at 21 April 2013

© Associated Newspapers Ltd

WASHINGTON — U.S. authorities have long cast a wary eye on counterterrorism intelligence from Russia, Obama administration officials say, raising questions about whether a “trust deficit” clouded efforts to determine if Boston Marathon bombing suspect Tamerlan Tsarnaev posed a danger.

Any intelligence disconnect between the United States and Russia could have broader repercussions, complicating plans to cooperate on security for the 2014 Winter Olympics in the Black Sea resort of Sochi, not far from Russia’s restive north Caucasus region.

U.S. officials said they considered counterterrorism information emanating from Moscow’s bitter conflict with Islamist militants in Chechnya and other parts of the volatile north Caucasus especially suspect.

What little is known about how the FBI and other U.S. agencies handled a 2011 tip from Russia’s FSB spy service that Tsarnaev, an ethnic Chechen, had become a follower of radical Islam suggests they dealt with it professionally, although not as a top-priority matter.

But it would not have been out of character for the U.S. government to take a jaundiced view of such information. In Tsarnaev’s case, Moscow provided few details, U.S. officials have said.

“The Russians typically file spurious requests on people that are not really terrorists, and that’s why somebody might have discounted it,” a senior State Department official said. “One wouldn’t automatically take what the Russians say at face value. You’d always have to look for a second corroboration.”

Russian “watch lists” often include political dissidents and human rights activists mixed together with militants, the senior official said.

The Russian Embassy in Washington declined to comment for this story. But Russian President Vladimir Putin, who has repeatedly warned of the dangers of militancy from the Caucasus, may feel vindication by the Chechen connection to the Boston bombing.

Director of National Intelligence James Clapper touched on U.S. unease at Moscow’s intelligence-sharing in a speech to a Washington conference on Thursday, in which he expressed pique at growing criticism over intelligence and law enforcement handling of the case.

“Whenever the Russians say something about arms control issues, well, we’re very suspicious. We’re supposed to trust but verify, not accept what the Russians say. But in this case, we accept it, whatever they say without question?” Clapper said with a shrug.

The FBI said it questioned Tsarnaev and found nothing to suggest he was a security threat. The bureau said it sought further details from the FSB, the post-Cold War successor to the KGB, but none were forthcoming.

Tamerlan, 26, was killed last week in a gun battle with police after the deadly April 15 Boston attack. His younger brother and alleged accomplice, Dzhokhar, 19, was later captured, wounded and hiding out in a suburban neighborhood.

More than two decades after the Soviet Union’s collapse, the United States and Russia continue spying on each other. It was less than three years ago that they arranged a spy swap after the FBI arrested a cell of “sleeper agents.”

Though Russia was quick to rally behind the United States after the Sept. 11, 2001, attacks, tangible actions such as regular sharing of deep intelligence have proven harder.

The question now is whether the two countries can put distrust aside for the sake of better security.

One senior U.S. official insisted that both sides are committed, especially now that the Boston bombing has reminded everyone of the security risks ahead of the Sochi games.

“Our intelligence services are always conflicted between the need to share and the need to protect sources and methods,” said the official, who spoke on condition of anonymity. “But we have a mutual interest as two countries that have been victims of terrorism … . This will keep us focused.”

In the lead-up to Sochi, Putin’s pet project, the attack’s Chechen link may give the Kremlin more leverage in its attempts to get the Americans to expand information on those whom Moscow brands “extremists,” even in cases where U.S. intelligence does not assess a real threat, the senior State Department official said.

The Obama administration is already debating whether to exchange terrorist “no-fly” lists as the Russians have requested and “act like everything they give us is legit,” the official added.

Washington and Moscow have sometimes seen eye to eye on the Caucasus. In 2011, President Barack Obama and then-President Dmitry Medvedev agreed that the Caucasus Emirate militant group was a terrorist organization with al-Qaida ties. The United States offered a $5 million reward for the group’s Chechen leader, Doku Umarov, the Kremlin’s most-wanted man.

More recently, Putin has bristled at the Obama administration’s criticism of what it sees as a heavy-handed response to a long-running Muslim insurgency in the Caucasus. Many analysts say the unrest has been fueled by Moscow’s brutal repression.

A common view inside and outside of the Obama administration is that clashing assessments like these and disputes over intelligence clouded U.S. handling of the Tsarnaev tip.

…

29 April 2013
Reuters

Find this story at 29 April 2013

© Copyright 2013. The Moscow Times. All rights reserved.

We are asked to believe that Tamerlan Tsarnaev was identified by the Russian government as an extremist Dagestani or Chechen Islamist terrorist, and they were so concerned about it that in late 2010 they asked the US government to take action. At that time, the US and Russia did not normally have a security cooperation relationship over the Caucasus, particularly following the Russian invasion of Georgia in 2008. For the Russians to ask the Americans for assistance, Tsarnaev must have been high on their list of worries.

In early 2011 the FBI interview Tsarnaev and trawl his papers and computers but apparently – remarkably for somebody allegedly radicalised by internet – the habitually paranoid FBI find nothing of concern.

So far, so weird. But now this gets utterly incredible. In 2012 Tamerlan Tsarnaev, who is of such concern to Russian security, is able to fly to Russia and pass through the airport security checks of the world’s most thoroughly and brutally efficient security services without being picked up. He is then able to proceed to Dagestan – right at the heart of the world’s heaviest military occupation and the world’s most far reaching secret police surveillance – again without being intercepted, and he is able there to go through some form of terror training or further Islamist indoctrination. He then flies out again without any intervention by the Russian security services.

That is the official story and I have no doubt it did not happen. I know Russia and I know the Russian security services. Whatever else they may be, they are extremely well-equipped, experienced and efficient and embedded into a social fabric accustomed to cooperation with their mastery. This scenario is simply impossible in the real world.

…

Craig Murray is an author, broadcaster and human rights activist. He was British Ambassador to Uzbekistan from August 2002 to October 2004 and Rector of the University of Dundee from 2007 to 2010.

By Craig Murray

April 23, 2013 “Information Clearing House” – There are gaping holes in the official story of the Boston bombings.

Find this story at 22 April 2013

© 2005-2013 GlobalResearch.ca

Critics say bureau is running a sting operation across America, targeting vulnerable people by luring them into fake terror plots

The FBI has drawn criticism over its apparent use of ‘entrapment’ tactics. Photograph: Chip Somodevilla/Getty Images

David Williams did not have an easy life. He moved to Newburgh, a gritty, impoverished town on the banks of the Hudson an hour or so north of New York, at just 10 years old. For a young, black American boy with a father in jail, trouble was everywhere.

Williams also made bad choices. He ended up going to jail for dealing drugs. When he came out in 2007 he tried to go straight, but money was tight and his brother, Lord, needed cash for a liver transplant. Life is hard in Newburgh if you are poor, have a drug rap and need cash quickly.

His aunt, Alicia McWilliams, was honest about the tough streets her nephew was dealing with. “Newburgh is a hard place,” she said. So it was perhaps no surprise that in May, 2009, David Williams was arrested again and hit with a 25-year jail sentence. But it was not for drugs offences. Or any other common crime. Instead Williams and three other struggling local men beset by drug, criminal and mental health issues were convicted of an Islamic terrorist plot to blow up Jewish synagogues and shoot down military jets with missiles.

Even more shocking was that the organisation, money, weapons and motivation for this plot did not come from real Islamic terrorists. It came from the FBI, and an informant paid to pose as a terrorist mastermind paying big bucks for help in carrying out an attack. For McWilliams, her own government had actually cajoled and paid her beloved nephew into being a terrorist, created a fake plot and then jailed him for it. “I feel like I am in the Twilight Zone,” she told the Guardian.

Lawyers for the so-called Newburgh Four have now launched an appeal that will be held early next year. Advocates hope the case offers the best chance of exposing the issue of FBI “entrapment” in terror cases. “We have as close to a legal entrapment case as I have ever seen,” said Susanne Brody, who represents another Newburgh defendant, Onta Williams.

Some experts agree. “The target, the motive, the ideology and the plot were all led by the FBI,” said Karen Greenberg, a law professor at Fordham University in New York, who specialises in studying the new FBI tactics.

But the issue is one that stretches far beyond Newburgh. Critics say the FBI is running a sting operation across America, targeting – to a large extent – the Muslim community by luring people into fake terror plots. FBI bureaux send informants to trawl through Muslim communities, hang out in mosques and community centres, and talk of radical Islam in order to identify possible targets sympathetic to such ideals. Or they will respond to the most bizarre of tip-offs, including, in one case, a man who claimed to have seen terror chief Ayman al-Zawahiri living in northern California in the late 1990s.

That tipster was quickly hired as a well-paid informant. If suitable suspects are identified, FBI agents then run a sting, often creating a fake terror plot in which it helps supply weapons and targets. Then, dramatic arrests are made, press conferences held and lengthy convictions secured.

But what is not clear is if many real, actual terrorists are involved.
The homes of the Fort Dix Five were raided by the FBI. Photograph: Joseph Kaczmarek/AP

Another “entrapment” case is on the radar too. The Fort Dix Five – accused of plotting to attack a New Jersey army base – have also appealed against their convictions. That case too involved dubious use of paid informants, an apparent over-reach of evidence and a plot that seemed suggested by the government.

Burim Duka, whose three brothers were jailed for life for their part in the scheme, insists they did not know they were part of a terror plot and were just buying guns for shooting holidays in a deal arranged by a friend. The “friend” was an informant who had persuaded another man of a desire to attack Fort Dix.

Duka is convinced his brothers’ appeal has a good chance. “I am hopeful,” he told the Guardian.

But things may not be that easy. At issue is the word “entrapment”, which has two definitions. There is the common usage, where a citizen might see FBI operations as deliberate traps manipulating unwary people who otherwise were unlikely to become terrorists. Then there is the legal definition of entrapment, where the prosecution merely has to show a subject was predisposed to carry out the actions they later are accused of.

Theoretically, a simple expression, like support for jihad, might suffice, and in post-9/11 America neither judges nor juries tend to be nuanced in terror trials. “Legally, you have to use the word entrapment very carefully. It is a very strict legal term,” said Greenberg.

But in its commonly understood usage, FBI entrapment is a widespread tactic. Within days of the 9/11 terror attacks, FBI director Robert Mueller issued a memo on a new policy of “forward leaning – preventative – prosecutions”.

Central to that is a growing informant network. The FBI is not choosy about the people it uses. Some have criminal records, including attempted murder or drug dealing or fraud. They are often paid six-figure sums, which critics say creates a motivation to entrap targets. Some are motivated by the promise of debts forgiven or immigration violations wiped clean. There has also been a relaxing of rules on what criteria the FBI needs to launch an investigation.

Often they just seem to be “fishing expeditions”. In the Newburgh case, the men involved met FBI informant Shahed Hussain simply because he happened to infiltrate their mosque. In southern California, FBI informant Craig Monteilh trawled mosques posing as a Muslim and tried to act as a magnet for potential radicals.

Monteilh, who bugged scores of people, is a convicted felon with serious drug charges to his name. His operation turned up nothing. But Monteilh’s professed terrorist sympathy so unnerved his Muslim targets that they got a restraining order against him and alerted the FBI, not realising Monteilh was actually working on the bureau’s behalf.

Muslim civil rights groups have warned of a feeling of being hounded and threatened by the FBI, triggering a natural fear of the authorities among people that should be a vital defence against real terror attacks. But FBI tactics could now be putting off many people from reporting tip-offs or suspicious individuals.

“They are making mosques suspicious of anybody. They are putting fear into these communities,” said Greenberg. Civil liberties groups are also concerned, seeing some FBI tactics as using terrorism to justify more power. “We are still seeing an expansion of these tools. It is a terrible prospect,” said Mike German, an expert at the American Civil Liberties Union and a former FBI agent who has worked in counter-terrorism.

German said suspects convicted of plotting terror attacks in some recent FBI cases bore little resemblance to the profile of most terrorist cells. “Most of these suspect terrorists had no access to weapons unless the government provided them. I would say that showed they were not the biggest threat to the US,” German said.

“Most terrorists have links to foreign terrorist groups and have trained in terrorism training camps. Perhaps FBI resources should be spent finding those guys.”

Also, some of the most serious terrorist attacks carried out in the US since 9/11 have revolved around “lone wolf” actions, not the sort of conspiracy plots the FBI have been striving to combat. The 2010 Times Square bomber, Faisal Shahzad, only came to light after his car bomb failed to go off properly. The Fort Hood killer Nidal Malik Hasan, who shot dead 13 people on a Texas army base in 2009, was only discovered after he started firing. Both evaded the radar of an FBI expending resources setting up fictional crimes and then prosecuting those involved.

Yet, as advocates for those caught up in “entrapment” cases discover, there is little public or judicial sympathy for them. Even in cases where judges have admitted FBI tactics have raised serious questions, there has been no hesitation in returning guilty verdicts, handing down lengthy sentences and dismissing appeals.

The Liberty City Seven are a case in point. The 2006 case involved an informant, Elie Assaad, with a dubious past (he was once arrested, but not charged, for beating his pregnant wife). Assaad was let loose with another informant on a group of men in Liberty City, a poor, predominantly black, suburb of Miami. The targets were followers of a cult-like group called The Seas of David, led by former Guardian Angel Narseal Batiste.

The group was, perhaps, not even Muslim, as its religious practices involved Bible study and wearing the Star of David. Yet Assaad posed as an Al-Qaida operative, and got members of the group to swear allegiance. Transcripts of the “oath-taking” ceremony are almost farcical. Batiste repeatedly queries the idea and appears bullied into it. In effect, defence lawyers argued, the men were confused, impoverished members of an obscure cult.

Yet targets the group supposedly entertained attacking included the Sears Tower in Chicago, Hollywood movie studios and the Empire State Building. Even zealous prosecutors, painting a picture of dedicated Islamic terrorists, admitted any potential plots were “aspirational”, given the group had no means to carry them out.

…

Paul Harris in New York
guardian.co.uk, Wednesday 16 November 2011 17.33 GMT

Find this story at 16 November 2011
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

James Cromitie in police custody in May 2009, after his arrest by the FBI in a sting operation involving a bomb plot against a Jewish community centre in Riverdale, New York. Photograph: AP Photo/Robert Mecea Photograph: Robert Mecea/AP

On Wednesday, a much-publicised FBI terrorism sting concluded when three of four men from Newburgh, New York were sentenced to 25 years in prison (a fourth will be sentenced next Tuesday). The four men had, along with an FBI informant who led the plot, planted a bomb at a Jewish community centre just outside New York City and procured a Stinger missile with which to attack the army’s Stewart air base.

At first glance, it was the perfect homegrown terrorism trial. All the crucial ingredients were there: a group of suspects allegedly linked to a foreign terrorist organisation; the placement of explosives; and targets that were bound to arouse fear in discreet communities. The only problem, as Judge Colleen McMahon pointed out at sentencing, was that this was not really a typical terrorism case but “sui generis … unique and troubling”.

The reason, the judge explained, was that “there would never have been any case if the government had not made one up.” But this was only part of the troubling story.

The real problem began not with the suspects, but with the government’s confidential informant. Shahed Hussain, a 53-year-old Pakistani citizen who has reportedly lived in the United States for several years, served as the point person in a sting operation in which, as the judge explained, “no one except the government instigated, planned and brought [the plot] to fruition.”

Throughout the sentencing, Judge McMahon remained firm: this case was a government invention. The men in question did not agree to carry out the crime due to ideology. They had no allegiance to, or even knowledge, of the terrorist group Jaish-i-Mohammed, in whose name they allegedly acted. They were not motivated to criminal behaviour by their allegiance to Allah. They were motivated, purely and simply, by money; as such, they were criminals deserving punishment, but not terrorists. As Judge McMahon repeatedly stated, these men were not equivalent to the 2010 Times Square bomber, Faisal Shazad, or other ideologically motivated terrorists.

Still, McMahon could find no valid legal precedent for overturning the jury conviction of the defendants on trial for terrorism-related charges. She sentenced all three men to the mandatory minimum of 25 years, rejecting the prosecution’s request for life sentences. But the question remains: why did she uphold even the mandatory minimums when she repeatedly said that the government had dreamed up the whole case? Why did she decide this way when she expressed her disappointment repeatedly with the government’s conduct in the case? Was it because, as the lead prosecutor David Raskin declared, “The fact that it was all fake really doesn’t matter.” Was it because the defendants placed what they thought to be a live bomb outside a Jewish community centre in Riverdale, and were thus willing to kill many innocent people?

The rationale for McMahon’s harsh sentence was the most pronounced and least discussed element of this sting: the blatant antisemitism at the heart of it. In dozens of hours of taped conversation, Cromitie had expounded in graphic terms about his hatred for Jews and his desire to get back at those who he felt were biased against his Muslim practices.

On Thursday, as during the trial, Judge McMahon reminded the court just how appalling were those expressions of loathing. She excoriated Cromitie for his vile views, exhibiting to her mind “a hatred that is particularly horrifying to members of my generation whose fathers and grandfathers and friends and neighbours helped liberate the concentration camps from the Nazis”. She quoted from one of the more unpleasant passages of the trial itself, denouncing the sentiment that “all the evil in the world is due to the Jews”.

…

• Research for this piece was contributed by Susan Quatrone and Camilla MacFarland

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25 Apr 2013

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25 Apr 2013

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22 Apr 2013

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21 Apr 2013

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19 Apr 2013

Ambush of a university police officer set in chain a high-speed chase and a bloody shootout with the two bombing suspects – and led to a panicked city being placed on lockdown. Ed Pilkington reports

Karen Greenberg
guardian.co.uk, Thursday 30 June 2011 20.30 BST

Find this story at 30 June 2011

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Retired CIA officer Graham Fuller confirmed to Al-Monitor Saturday that his daughter was previously married to an uncle of the suspects in the Boston Marathon attacks, but called rumors of any links between the uncle and the Agency “absurd.”

Graham Fuller’s daughter, Samantha A. Fuller, was married to Ruslan Tsarnaev (now Tsarni) in the mid-1990s, and divorced in 1999, according to North Carolina public records. The elder Fuller had retired from the agency almost a decade before the brief marriage.

“Samantha was married to Ruslan Tsarnaev (Tsarni) for 3-4 years, and they lived in Bishkek for one year where Samantha was working for Price Waterhouse on privatization projects,” Fulller, a former CIA officer in Turkey and vice chairman of the National Intelligence Council, told Al-Monitor by email Saturday. “They also lived in our house in [Maryland] for a year or so and they were divorced in 1999, I believe.”

“I, of course, retired from CIA in 1987 and had moved on to working as a senior political scientist for RAND,” Fuller continued.

Fuller said his former son in law was interesting but homesick, and moved back to Central Asia after the divorce.

“Like all Chechens, Ruslan was very concerned about his native land, but I saw no particular involvement in politics, [although] he did try to contact other Chechens around,” Fuller continued. “He also felt homesick and eventually went back to Central Asia after the divorce. His English was shaky. (We always spoke Russian together).”

A story on the Internet implying “possible connections between Ruslan and the Agency through me are absurd,” Fuller said.

“I doubt [Ruslan] even had much to say of intelligence value other than talking about his own family’s sad tale of deportation from Chechnya by Stalin to Central Asia,” Fuller said. “Every Chechen family has such stories.”

Fuller said he had made several visits to Central Asia to do research on post-Soviet political developments, and visited his daughter and Tsarni there. “Our visit is briefly mentioned in my recent memoir, Three Truths and a Lie, as well as their marriage celebration in [Maryland],” he wrote.

A former Russian history and literature major at Harvard, Fuller said he had a long interest in Soviet minorities, and found Ruslan interesting.

Ruslan Tsarni has said in media interviews that his family was estranged from his brother Aznor’s, over what Ruslan described as the growing religious fanaticism of Aznor’s wife, Zubeidat, and that the families had not spoken for several years. Aznor and Zubeidat’s sons Tamerlan, 26, and Dzhokhar, 19, are accused of carrying out the April 15th Boston Marathon bombings.

Fuller said he thinks he met Aznor Tsarnaev once, fleetingly, in Kazakhstan. His daughter, he said, knew the family better, but when Tamerlan was just a toddler, and Dzhokhar not yet born.

…

Posted on April 27, 2013 by Laura Rozen

Find this story at 27 April 2013

© 2013 AL-MONITOR

An uncle of the Boston bombers was previously married to a CIA officer’s daughter for three years, it emerged today.

Ruslan Tsarni, who publicly denounced his two terrorist nephews’ actions and called them ‘Losers’, even lived with his father-in-law agent Graham Fuller in his Maryland home for a year.

Mr Fuller was forced to explain the relationship today as news of the family link emerged online.

Son-in-law: Former CIA agent Graham Fuller, left, explained his relationship to the two Boston terror suspects’ uncle today. Ruslan Tsarni, right, was married for three years to his daughter, Samantha

He told Al-Monitor that his daughter, Samantha, was married to Ruslan, whose surname was then Tsarnaev, for three to four years in the 1990s.

The couple divorced in 1999 more than ten years after he left the agency in 1987.

‘Samantha was married to Ruslan Tsarnaev (Tsarni) for 3-4 years, and they lived in Bishkek for one year where Samantha was working for Price Waterhouse on privatization projects,’ Mr Fuller said.

‘They also lived in our house in [Maryland] for a year or so and they were divorced in 1999, I believe.

‘I, of course, retired from CIA in 1987 and had moved on to working as a senior political scientist for RAND.’

He said his son-in-law showed no interest in the agency or politics but spoke generally about his family in Chechnya.

He said any attempts to portray the relationship as a link between the security agency and the two terrorists was ‘absurd’.

‘Like all Chechens, Ruslan was very concerned about his native land, but I saw no particular involvement in politics,’ Fuller told Al-Monitor.

‘I doubt he even had much to say of intelligence value other than talking about his own family’s sad tale of deportation from Chechnya by Stalin to Central Asia. Every Chechen family has such stories.’

Nephews: Tamerlan and Dzhokhar Tsarnaev could at one time count a CIA agent’s daughter as their aunt

Outraged: Ruslan Tsarni made his feelings against his nephews actions known to the media in the aftermath of the Boston attacks

Fuller visited his daughter and her husband in Bishek, as a former Russian history graduate himself interested in ‘Soviet minorities’.

He said he may have met the terror suspects’ father, Aznor, there once and his daughter knew the Tsarnaev family when Tamerlan was a toddler and before his younger brother was born.

‘I for one was astonished at the events, and to find myself at two degrees of separation from them,’ he added.

Ruslan Tsarni, who lives in Montgomery Village, Maryland, was thrust into the spotlight as the names of his two nephews emerged in connection to the Boston terror attack.

He stood on his driveway and attacked the two men calling them ‘Losers’.

He has since reported a rift between his family and that of his brother Aznor’s and said his older nephew Tamerlan had become increasingly extreme in his religious views.

…

By Katie Davies

PUBLISHED: 23:34 GMT, 27 April 2013 | UPDATED: 05:55 GMT, 28 April 2013

Find this story at 27 April 2013

© Associated Newspapers Ltd

Nine months before the Boston Marathon bombing, a U.S. counterterrorism task force received a warning that a suspected militant had returned from a lengthy trip to Russia, U.S. officials said.

The warning was delivered to a single U.S. Customs and Border Protection official assigned to Boston’s Joint Terrorism Task Force, a cell of specialists from federal and local law enforcement agencies. The task force was part of a network of multi-agency organizations set up across the country after the Sept. 11, 2001, attacks to make sure that clues and tips were shared.

But officials said there is no indication that the unidentified customs officer provided the information to any other members of the task force, including FBI agents who had previously interviewed the militant.

The man whose return from Russia went largely unnoticed was one of the two brothers who would later be accused of carrying out the April 15 bombing that killed three people and injured more than 250 others near the finish line of the Boston Marathon.

The apparent failure to alert the FBI has emerged as a significant, if slender, missed opportunity to scrutinize Tamerlan Tsarnaev’s activities ahead of the Boston attack.

A U.S. official, speaking on condition of anonymity, said there would not have been reason to scrutinize Tsarnaev further, even if the information on his travels had been shared more widely.

“The FBI investigation into the individual in question had been closed six months prior to his departure from the United States and more than a year before his return,” the official said. “Since there was no derogatory information, there was no reason to suggest that additional action was warranted.”

The disclosure — one of several to cause lawmakers to express concern about persistent gaps in U.S. counterterrorism procedures — came as U.S. officials revealed that the bombing suspects may have intended to carry out a follow-up attack in New York’s Times Square.

Dzhokhar Tsarnaev, 19, who is still recovering at a Boston hospital from gunshot wounds, told FBI interrogators that he and his brother came up with the Times Square plan spontaneously three days after the marathon bombings, officials said. Investigators, however, have not found any evidence that operational plans were ever set in motion.

The New York plot was derailed when the Tsarnaev brothers became the target of a manhunt by law enforcement. The older brother was killed, and the younger one captured, after a chaotic pursuit through neighborhoods of Watertown, Mass.

“We don’t know if we would have been able to stop the terrorists had they arrived here from Boston,” New York Mayor Michael R. Bloomberg (I) said during a news conference at which the plot was outlined. “We’re just thankful that we didn’t have to find out that answer.”

The criminal charges filed against Dzhokhar Tsarnaev indicate that the two brothers had at least a half-dozen explosive devices in addition to the two pressure-cooker bombs they are accused of detonating near the finish line of the marathon course.

U.S. officials said that Dzhokhar Tsarnaev has ceased cooperating with authorities since being read his Miranda rights during an unusual, makeshift court session at his hospital bedside on Monday. Before that, investigators had questioned him for about 16 hours.

The FBI opened an investigation of Tamerlan Tsarnaev in 2011 at the behest of Russian officials who expressed concern that he was becoming radicalized and could be planning an attack in Russia.

The bureau set the inquiry aside after concluding that Tsarnaev posed no threat. But notice that he had returned from a seven-month trip to Russia might have provided the FBI with new reasons to question him. He had traveled to the strife-torn region of Dagestan, in the North Caucasus, where rebels have adopted the tactics and language of militant Islamists.

After he returned to Boston, Tamerlan Tsarnaev began assembling an online library of jihadist videos and voiced anger in conversations with neighbors over the U.S. wars in Iraq and Afghanistan.

Still, U.S. officials said it is not clear that the FBI would have reopened its inquiry after Tsarnaev’s return from Russia because no new information had surfaced to indicate he was a threat. A member of an anti-terrorism panel in Dagestan said in an interview this week that he wasn’t being observed there during his visit and had done nothing to attract notice.

U.S. officials also said that the customs officer in Boston may have mentioned Tsarnaev’s return to FBI agents serving on the task force without creating a computer file to record the information had been shared.

Director of National Intelligence James R. Clapper Jr. said during an appearance at a conference in Washington on Thursday that he has seen no evidence that U.S. agencies failed. “The dots were connected,” he said. He also called on the public “not to hyperventilate for a while before we get all the facts.”

…

By Greg Miller,

Find this story at 25 April 2013

© The Washington Post Company

THE Russian FSB intelligence security service told the FBI in early 2011 about information that Tamerlan Tsarnaev, one of the brothers suspected in the Boston marathon bombings, was a follower of radical Islam, two law enforcement officials say.

Tamerlan Tsarnaev died in a shootout, and his younger brother Dzhokhar, 19, was captured alive.

They were identified by authorities and relatives as ethnic Chechens from southern Russia who had been in the US for about a decade.

According to an earlier FBI news release, a foreign government said that based on its information, Tsarnaev, 26, was a strong believer and that he had changed drastically since 2010 as he prepared to leave the US for travel to a region in that country to join unspecified underground groups.

The FBI did not name the foreign government, but the two law enforcement officials identified the FSB as the provider of the information to one of the FBI’s field offices and also to FBI headquarters in Washington DC.

The two officials spoke on condition of anonymity because they were not authorised to speak on the record about the matter.

The FBI said that in response, it interviewed Tsarnaev and relatives, and did not find any domestic or foreign terrorism activity.

The FBI said it provided the results in the summer of 2011.

The FBI also said that it requested but did not receive more specific or additional information from the foreign government.

The bureau added that in response to the request, it checked US government databases and other information to look for such things as derogatory telephone communications, possible use of online sites associated with the promotion of radical activity, associations with other persons of interest, travel history and plans and education history.

Meanwhile a doctor involved in treating the fatally wounded Tamerlan Tsarnaev says he had injuries from head to toe but all limbs intact when he arrived at hospital.

Dr David Schoenfeld said 26-year-old Tamerlan Tsarnaev was unconscious and had so many penetrating wounds when he arrived at Beth Israel Deaconess Medical Centre after a shootout with police that it isn’t clear which ones killed him, and a medical examiner will have to determine the cause of death.

The older Tsarnaev’s clothes had been cut off by emergency responders at the scene, so if he had been wearing a vest with explosives, he wasn’t by the time he arrived at the hospital, the doctor said.

…

AP

Find this story at 21 April 2013

© The Australian

President believes battle in which 10 children and a US agent died was fought by illegal militia working for spy agency

Afghan president Hamid Karzai’s campaign against CIA operations sets up a heated showdown with the US government. Photograph: S Sabawoon/EPA

President Hamid Karzai is determined to curb CIA operations in Afghanistan after the death of a US agent and 10 Afghan children in a battle he believes was fought by an illegal militia working for the US spy agency.

The campaign sets the Afghan leader up for another heated showdown with the US government, and will reignite questions about the CIA’s extensive but highly secretive operations in the country.

Karzai’s spokesman Aimal Faizi said the CIA controlled large commando-like units, some of whom operated under the nominal stamp of the Afghan government’s intelligence agency, the National Directorate of Security (NDS), but were not actually under its control.

“Some of them are said to be working with the NDS, but they are not armed by the NDS, not paid by the NDS, and not sent to operations by the NDS. Sometimes they only inform the NDS minutes before the operation,” Faizi said. “They are conducting operations without informing local authorities and when something goes wrong it is called a joint operation.”

One of these groups was involved in a battle with insurgents in a remote corner of eastern Kunar province in early April that left several Afghan children dead, Faizi said. Karzai has fired the provincial head of intelligence in connection with the incident.

The US citizen who died during the battle was advising the Afghan intelligence service, and the airstrike that killed the children is believed to have been called in after he was fatally injured.

The US embassy declined to comment on CIA issues, but sources with knowledge of the battle said he was an agent, and his name has not been released, usually an indication of intelligence work.

Bob Woodward in his 2010 book Obama’s Wars described a 3,000-strong Afghan militia working for the CIA, and Faizi said the Afghan government had little information about the teams. “There is a lack of clarity about their numbers and movement,” he said when asked how many men the CIA had on their payroll, or where these large teams might be based.

Woodward said the unofficial commando units were known as counter-terrorism pursuit teams, and described them as “a paid, trained and functioning tool of the CIA”, authorised by President George W Bush.

They were sent on operations to kill or capture insurgent leaders, but also went into lawless areas to try to pacify them and win support for the Afghan government and its foreign backers. Woodward said the units even conducted cross-border raids into Pakistan.

In the wake of the Kunar battle, Karzai has also ordered his security officials to step up implementation of a presidential decree issued in late February abolishing “parallel structures”. Faizi said this order was aimed primarily at dismantling CIA-controlled teams.

“The use of these parallel structures run by the CIA and US special forces is an issue of concern for the Afghan people and the Afghan government,” he said.

…

Emma Graham-Harrison in Kabul
The Guardian, Friday 19 April 2013 10.19 BST

Find this story at 19 April 2013
© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Paul Scott, the late syndicated columnist, was so paranoid about the CIA wiretapping his Prince George’s County home in the 1960s that he’d make important calls from his neighbor’s house. His teenage son Jim Scott figured his dad was either a shrewd reporter or totally nuts.

Not until nearly 45 years later did the son learn that his father’s worries were justified. The insight came in 2007 when the CIA declassified a trove of documents popularly called “the family jewels.” The papers detailed the agency’s unlawful activities from long ago, including wiretapping the Scott home in District Heights. The operation even had a code name: “Project Mockingbird.”

Jim was floored: The CIA really did eavesdrop on Dad.

Now Jim, 64, a retired Navy public relations officer who lives in Anne Arundel County, is waging an operation of his own against the agency. For the past five years, he has sought to declassify and make public any documents Langley might still have on his father and why he was wiretapped.

So far, the CIA has released to Jim a handful of intriguing documents. But Jim has been trying to compel the agency to cough up more. A federal declassification review panel is reviewing Jim’s case and could decide as soon as this month whether to direct the CIA to release more Mockingbird documents.

“I don’t have any animosity for the CIA,” said Jim, whose father died at the age of 80 in 2001. “I respect what they do. But they make it extremely difficult for the average citizen to interact with them. It makes me wonder what they are still trying to hide about my father.”

Not eager to share

It’s not easy penetrating one of the world’s most secretive organizations.

Tourists can’t just show up at its famous headquarters, let alone wander into its museum or browse the gift shop that sells CIA T-shirts and tchotchkes. Even former spies-turned-memoirists need agency approval for their manuscripts before publication and often can’t reveal seemingly harmless or boring details about their careers.

For ordinary people — academics, journalists, relatives of former employees — extracting agency information can be tough. They can file Freedom of Information Act and Privacy Act requests or mandatory declassification review requests. But the CIA usually isn’t eager to part with much, said Steven Aftergood, director of the project on government secrecy at the Federation of American Scientists.

“I have a number of requests with the CIA that are more than five years old,” said Aftergood, who has sued the agency a handful of times for documents.

“The message they’re sending is, ‘If you want our attention, sue us,’ ” he said, calling it “a time-consuming and resource-demanding effort.” He usually loses.

Todd Ebitz, an agency spokesman, said the agency received more than 5,400 Freedom of Information Act and Privacy Act requests, along with mandatory declassification review requests, in fiscal 2012 . The agency doesn’t keep track of how many of those requests come from ordinary citizens, rather than journalists, academics or nonprofit groups.

Since 1995, he said, the CIA has released more than 10 million pages of declassified material. The agency also has used its discretion to release more than 100,000 pages of CIA material, including documents from the family jewels. But just because documents are old doesn’t mean they can be made public.

“CIA information that is decades old may still be sensitive when it mentions methods, techniques or sources which, if they were revealed, could harm our nation’s security or place someone’s personal security at risk,” Ebitz said. “The agency works diligently to make public information no longer requiring protection, releasing what we can and withholding what we must in the interest of national security.”

The CIA declined to comment on the specifics of Jim Scott’s case. But Tom Blanton, director of the George Washington University-based National Security Archive, questioned the agency’s refusal to release the documents about Jim Scott’s father: “There’s nothing truly secret about the wiretapping of Paul Scott now.”

“What this is really about,” Blanton said, “is bureaucracy and power.”

High-level wiretaps

In June 2007, Jim read about the CIA’s decision to release the family jewels. The collection of long-secret documents revealed details about the agency’s activities from the 1960s and 1970s, including a failed assassination plan against Cuba’s Fidel Castro, a Watergate burglar’s search for an expert lock picker, and illegal wiretaps of reporters.

To Jim’s shock, two of the wiretapped journalists were his father, Paul, and his writing partner, Robert S. Allen, who died in 1981. The men once wrote a syndicated column, the “Allen-Scott Report,” that appeared in 300 newspapers. Their column often contained national security scoops, including exclusives about Soviet aid to Cuba during the 1962 missile crisis.

Jim called his mother about the wiretap revelations. She reminded him about the time he complained about hearing strangers’ voices on a phone call with a high school classmate.

“I had heard some clicking in the background,” Jim said, laughing. “I heard someone say, ‘Don’t worry, it’s just two kids talking about homework assignments.’ As a teenager, you kinda just blow that stuff off.”

Once the family jewels were posted online, “I couldn’t go to sleep that night, reading the documents,” Jim recalled. “What startled me was the level of seniority that approved this operation.”

The wiretap on his father was described in only three released pages, each stamped with the words “SECRET” and “EYES ONLY.” Every sentence seemed more tantalizing than the next.

Between March 12, 1963, and June 15, 1963, phone bugs were installed at the Allen and Scott homes and their Capitol Hill office. But this was no rogue operation: CIA Director John McCone approved the operation “under pressure,” the documents said, from Attorney General Robert F. Kennedy. And Kennedy planned it with Robert McNamara, the defense secretary and Vietnam War architect.

The wiretap identified many of the reporting team’s sources: a dozen senators; six congressmen; 11 congressional staffers; 16 “government employees,” including a staff member at the White House and some at the vice president’s office; and “other well-placed individuals,” the documents said.

The journalists actually got more classified information than they could use, the documents noted, and passed the leftovers along to rival reporters.

But several pages were fully or partly redacted. Jim felt teased. Why, he wondered, did the CIA keep those pages secret after so many years? Are the names of all their sources hidden behind the redactions?

“It felt like a half-written Vince Flynn or Michael Connelly novel,” Jim said. “I wondered how much my dad knew about being surveilled. What was going through his mind? He had to be fearful. It felt like this was a chapter in his life we knew little about, and the release of [more] documents could shed some light.”

So, in 2008, the son filed his first Freedom of Information Act request with the CIA.

Clues from the FBI

Twelve months later, the agency mailed Jim a packet of partially redacted memos about Paul. None touched on the 1963 Mockingbird wiretap, though there was an intriguing account of a visit his father made to South Africa in 1968 to interview a captured Russian spy.

“The CIA gave me stuff that I didn’t know even existed,” Jim said, “but I just wanted to know what articles triggered the wiretap.”

In early 2009, Jim requested the wiretap documents for a second time. “Isn’t it safe to assume that most, if not all, of the key players complicit in this operation are deceased?” he asked in a letter to the CIA.

That summer, the CIA rejected his appeal, ruling that the information still required secrecy.

Meanwhile, Jim had pursued a second route: the FBI.

To his surprise, the bureau was more than happy to play along. Throughout 2011, FBI documents arrived at Jim’s home in waves, packed with new revelations.

Jim learned, according to one FBI memo, that his dad truly alarmed the government at a Feb. 6, 1963, news conference in which he asked Defense Secretary McNamara several questions about Cuban weapons. Paul used precisely the same information in his questions that was contained in secret Navy documents. And the Navy, according to the bureau memos, wanted the FBI to find out who his source was.

But someone very senior at the bureau expressed reservations in a letter to Robert Kennedy that referred to his brother, President John F. Kennedy. Although the FBI official seemed alarmed by “Allen-Scott Report” pieces — published from December 1962 to February 1963 in, of all places, the now-defunct Northern Virginia Sun — he didn’t want the bureau involved.

[A] covert investigation will become known and I understood the President does not want it to become known. [I]t would be far more effective to have the Defense agencies interview people in their own agencies rather than an outside civilian agency do it because there is always a certain amount of resentment . . .

Very truly yours, JEH, John Edgar Hoover, Director

“I was elated when I read all this. These are some heavyweight people,” Jim said. “I figured that I am getting this from the FBI, and it’ll just be a matter of time before the CIA sheds some light as well.

Waiting for word on appeal

But Jim never gained any traction with the CIA.

…

By Ian Shapira, Published: March 3

Find this story at 3 March 2013

Related document

© The Washington Post Company

Dating drug dealers, harassing ex-boyfriends with naked pictures, and pointing guns at pet dogs: these were just a few of the offences committed recently by serving FBI agents, according to internal documents.
Disciplinary files from the Bureau’s Office of Professional Responsibility record an extraordinary range of transgressions that reveal the chaotic personal lives of some of America’s top law enforcers.

One male agent was sacked after police were called to his mistress’s house following reports of domestic incident. When officers arrived they found the agent “drunk and uncooperative” and eventually had to physically subdue him and wrestle away his loaded gun.

A woman e-mailed a “nude photograph of herself to her ex-boyfriend’s wife” and then continued to harass the couple despite two warnings from senior officials. The Bureau concluded she was suffering from depression related to the break-up and allowed her to return to work after 10 days.
But the sexually explicit picture was only one of what FBI assistant director Candice Will described to CNN as a “rash of sexting cases”. The network was the first to obtain the logs.

Two other employees, whose genders were not specified, sent sexually explicit messages to fellow members of the Bureau, one a work Blackberry during office hours.

The second employee included a nude photograph which “created office gossip and negatively impacted office operations”.

…

By Raf Sanchez, Washington

4:06AM GMT 22 Feb 2013

Find this story at 22 February 2013

© Copyright of Telegraph Media Group Limited 2013

After agents arrest a drug cartel chieftain named Jesus Audel Miramontes-Varela, he becomes one of the bureau’s most valuable sources of information, according to confidential interview reports.

WASHINGTON — Police and federal agents pulled the car over in a suburb north of Denver. An FBI agent showed his badge. The driver appeared not startled at all. “My friend,” he said, “I have been waiting for you.”

And with that, Jesus Audel Miramontes-Varela stepped out of his white 2002 BMW X5 and into the arms of the Federal Bureau of Investigation.

Over the next several days at his ranch in Colorado and an FBI safe house in Albuquerque, the Mexican cartel chieftain — who had reputedly fed one of his victims to lions in Mexico — was transformed into one of the FBI’s top informants on the Southwest border.

Around a dining room table in August 2010, an FBI camera whirring above, the 34-year-old Miramontes-Varela confessed his leadership in the Juarez cartel, according to 75 pages of confidential FBI interview reports obtained by The Times/Tribune Washington Bureau.

He told about marijuana and cocaine routes to California, New York and the Great Lakes. He described the shooting deaths of 30 people at a horse track in Mexico, and a hidden mass grave with 20 bodies, including two U.S. residents.

He told them about his African lions, which he had acquired as circus cubs. The story about feeding one of his enemies to them was false, he claimed, but he said he had seen plenty of “violence and suffering.” He told agents he was desperate to trade his knowledge for government protection. He wanted a new life for himself and his wife and three daughters.

A week later Miramontes-Varela pleaded guilty in federal court in New Mexico to a minor felony as an illegal immigrant in possession of a firearm. Then he disappeared, almost certainly into the federal witness protection program.

FBI officials in Arizona and Washington declined to comment about Miramontes-Varela, citing bureau policy against discussing informants. But the documents tell plenty.

During the interview sessions, Miramontes-Varela “provided significant information about drug trafficking activity,” the documents said, leading to several successful unnamed law enforcement operations in the U.S. and Mexico.

***

After Miramontes-Varela was stopped in Brighton, Colo., agents took him back to his ranch. They advised him and his wife, Mari, that he was “the subject of an FBI investigation for his involvement in drug trafficking, firearms trafficking, money laundering and the interstate transportation of stolen property.”

In Spanish, they read him his Miranda rights. He called an attorney; they spoke quietly in Spanish. Miramontes-Varela hung up and turned to the agents. “Yes,” he said. “He told me to do as much as I can for you.”

Miramontes-Varela signed the Miranda waiver and looked up at the agents. He asked, “Where do you want to start?”

First, they said, any guns?

Miramontes-Varela mentioned a black 9-millimeter semiautomatic Glock pistol he said he bought after being shot at in El Paso. The agents asked to see it. “Yes, yes, no problem,” he said. He walked to a floor safe in a far corner of the living room, unlocked it and handed the weapon over.

Agents drove the couple to the FBI safe house in Albuquerque. Inside, they pointed to two cameras. One was in the master bedroom, where Miramontes-Varela and his wife would stay. Agents showed that that it was unplugged and that they had covered it with a white plastic bag. “Very nice,” Miramontes-Varela said.

Miramontes-Varela talked to them around the dining room table. That is where the other camera was. It stayed on.

***

His story poured out. He was born the third of 10 children in Terrero, Mexico, and grew up in Namiquipa, northern Mexico. He married when he was 18, his bride 15. They sneaked though Nogales, Ariz., coming to the U.S., he said, “to make money.”

They settled in Denver. Miramontes-Varela installed drywall. But in the late 1990s a brother, Yovany, lost an arm in a tractor mishap, and Miramontes-Varela returned home. He grew apples and traded in cattle.

In early 2002, he said, the Juarez cartel came to Namiquipa. Pedro Sanchez, known as El Tigre, controlled things. He offered Miramontes-Varela a job collecting a monthly $35,000 “tax” from marijuana growers.

Every 15 days, growers carted 20 tons to a local warehouse. It was shipped north through El Paso, the proceeds funneled back to the cartel and the growers.

One day the military arrived and gunfire ensued. “The mayor and town treasurer were killed,” Miramontes-Varela said. Later, El Tigre was arrested.

In 2008, Miramontes-Varela said, he fled with his family to El Paso. When he failed to return, the cartel burned his ranch and stole his cattle, all 120 cows. He was done with the violence, he said.

***

That part, according to the FBI, was not true. Miramontes-Varela shuffled between ranches in New Mexico and Colorado, they said, often in an armored car with bodyguards, and set up his own drug- and gun-smuggling operation.

When a courier was arrested with 18 kilos of cocaine, Miramontes-Varela offered the man’s family the choice of one of his 16 homes in Mexico, including his “big house,” according to telephone wiretaps outlined in the documents.

In March 2010, the FBI listed him as head of the “Miramontes-Varela Drug Trafficking Organization,” tied to the Juarez, Sinaloa and Los Zetas cartels. From two confidential sources and two wiretaps, agents learned that his organization had stolen tractors in the U.S. and driven them to Mexico as payment for lost loads. One debt alone reached $670,000. They learned that one of Miramontes-Varela’s bosses in Mexico, “Temoc,” was tortured and killed by the Sinaloans.

The Bureau of Alcohol, Tobacco, Firearms and Explosives also wanted him arrested. It had tracked $250,000 in illegal gun purchases to Miramontes-Varela and his brother through its ill-fated Fast and Furious gun-smuggling surveillance operation in Arizona.

FBI agents rigged a 24-hour pole camera outside his ranch near Santa Teresa, N.M. But Miramontes-Varela figured it out. Five of his men in two vehicles followed a surveillance agent for 90 minutes, then slashed his tire.

…

richard.serrano@latimes.com

By Richard A. Serrano, Los Angeles Times

8:12 PM PDT, April 21, 2012Advertisement

Find this story at 21 April 2012

Copyright © 2013, Los Angeles Times

Technology helps police respond to crimes, violations, but broad use, lack of regulations raise privacy worries

CHELSEA — The high-speed cameras mounted on Sergeant Robert Griffin’s cruiser trigger a beeping alarm every time they read another license plate, automatically checking to see if each car is unregistered, uninsured, or stolen. In a single hour of near-constant beeps, Griffin runs 786 plates on parked cars without lifting a finger.

The plate-reading cameras were introduced for police use in Massachusetts in 2008, and quickly proved their worth. The one on Griffin’s Chelsea cruiser repaid its $24,000 price tag in its first 11 days on the road. “We located more uninsured vehicles in our first month . . . using [the camera] in one cruiser than the entire department did the whole year before,” said Griffin.

Now, automated license plate recognition technology’s popularity is exploding — seven Boston-area police departments will add a combined 21 new license readers during the next month alone — and with that expanded use has come debate on whether the privacy of law-abiding citizens is being violated.

These high-tech license readers, now mounted on 87 police cruisers statewide, scan literally millions of license plates in Massachusetts each year, not only checking the car and owner’s legal history, but also creating a precise record of where each vehicle was at a given moment.
Related
Video: The watchful lens of the police
Graphic: How license plate readers work

The records can be enormously helpful in solving crimes — for example, Fitchburg police used the technology to catch a serial flasher — but they increasingly make privacy advocates uneasy.

Use of the technology is outstripping creation of rules to prevent abuses such as tracking the movements of private citizens, or monitoring who visits sensitive places such as strip clubs, union halls, or abortion clinics.

A survey of police departments that use automated license readers found that fewer than a third — just 17 out of 53 — have written policies, leaving the rest with no formal standards for who can see the records or how long they will be preserved.

“The worst-case scenario — vast databases with records of movements of massive numbers of people — is already happening,” warns Kade Crockford of the American Civil Liberties Union of Massachusetts, which is pushing for a state law to regulate use of license plate scanners and limit the time departments can routinely keep the electronic records to 48 hours.

But police fear that zeal to protect privacy could stifle the use of a promising law enforcement tool, especially if they are prevented from preserving and pooling license plate scans for use in detective work. Currently, all of the police departments keep their plate scans longer than two days, with data storage ranging from 14 days in Somerville and Brookline to 90 days in Boston and up to a year in Leicester, Malden, Pittsfield, and Worcester.

Sergeant Griffin, whose own department has no written policy, agrees that there should be rules to prevent abuse, but thinks that these should be set by local departments rather than at the State House. He said that rather than restrict use of the scanners, the Legislature should “trust law enforcement to do the right thing.”

The usefulness of the automated license plate reader as an investigative tool springs from the astounding number of license plates the units can scan and record. With an array of high-speed cameras mounted on police cruisers snapping pictures, these systems are designed to capture up to 1,800 plates per minute, even at high speeds and in difficult driving conditions.

“I’ve had my [license plater reader] correctly scan plates on cars parked bumper-to-bumper when I’m driving full speed,” said Griffin, who caught three scofflaws owing a combined $1,900 in parking tickets from the 786 license plates his reader checked on a recent one-hour patrol. The devices misidentify plates often enough that scans have to be confirmed by an officer on the scene before writing a ticket. In this case, after confirming the parking tickets, and the money owed, police initiated the collection process. Griffin called headquarters to confirm that the vehicles still had unpaid tickets, and then arranged for them to be towed.

Boston’s four scanner-equipped cars do 3,500 scans a day and more than 1 million per year, according to police data. Even smaller departments such as Fitchburg scan 30,000 plates per month with just one license-reading system, easily 10 times more than an officer could manually check.

Most of the departments that deploy license plate readers use them primarily for traffic enforcement. But the scanners — sometimes called by the acronym ALPR — are also used for missing persons, AMBER alerts, active warrants, and open cases.

“Every once in a while our detectives will use the ALPR database for retrospective searches,” said Griffin, adding that the technology has proved useful to scan vehicles in neighborhoods surrounding crime scenes.

Griffin’s counterpart in Fitchburg, Officer Paul McNamara, said license scanner data played a crucial role in solving a string of indecent exposure incidents at Fitchburg State University in April 2011. At the request of the university police, McNamara entered the alleged flasher’s plate into his license-scan database. The system indicated that a suspect’s vehicle had passed the scanner just 10 minutes earlier, leading to a suspect’s arrest and later guilty plea to charges of indecent exposure and lewdness.

McNamara said that there is no formal process when another police department requests a license inquiry of this kind into his unit’s database.

“It can’t be a fishing expedition, though,” he said. “We look at it as a form of mutual aid, so it has to be a serious criminal matter for us to share data.”

While law enforcement officials are enthusiastic, critics can point to alleged abuses:

■ In 2004, police tracked Canadian reporter Kerry Diotte via automated license scans after he wrote articles critical of the local traffic division. A senior officer admitted to inappropriately searching for the reporter’s vehicle in a license scan database in an attempt to catch Diotte driving drunk.

■ Plainclothes NYPD officers used readers to scan license plates of worshipers at a mosque in 2006 and 2007, the Associated Press reported, under a program that was partially funded by a federal drug enforcement grant.

■ In December, the Minneapolis Police Department released a USB thumb drive with 2.1 million license plate scans and GPS vehicle location tags in response to a public records request, raising fears that such releases might help stalkers follow their victims. A few days later, the Minneapolis mayor asked the state to classify license scan data as nonpublic.

ACLU attorney Fritz Mulhauser warned last summer that, within a few years, police will be able to use license scan records to determine whether a particular vehicle “has been spotted at a specific church, union hall, bar, political party headquarters, abortion clinic, strip club, or any number of other locations a driver might wish to keep private.”

But many law enforcement officials say they are just starting to tap the potential of license plate scanners.

“If anything, we’re not using ALPR enough,” said Medford’s Chief Leo Sacco, who would like to deploy the scanners 24 hours a day on all of his cruisers.

Massachusetts public safety officials are trying to create a central repository of license scans similar to a system in Maryland where all 262 scanner-equipped cruisers feed data to the state. In 2011, the Executive Office of Public Safety and Security handed out $750,000 in federal grants for 43 police departments to buy scanners with the understanding that all scan results would be shared.

The bill introduced on Beacon Hill by Senator Cynthia Creem and Representative Jonathan Hecht would allow police to share scan results for law enforcement purposes, but it would require every agency to develop formal policies that protect privacy. It would also set statewide standards for preserving camera scanner data and require regular reports to the state on how departments are using their scanners.

Currently, even the state Executive Office of Public Safety lacks a formal policy governing the use of its planned database, while 36 police departments out of the 53 using automated license readers have no written policies, the survey found. The Massachusetts State Police are currently developing a policy for the department’s 20 camera scanners.

Even departments that do have formal license-reading policies differ widely on specifics such as whether the collected data must be released to the public in response to a written request; Wakefield and Revere say no; many others use vague language that leaves it unclear.

Likewise, the police differ widely on how long they can retain license scans not connected to an ongoing investigation or law enforcement action, ranging from as little as 14 days in Somerville and Brookline to indefinitely in Milford.

The town of Brookline, police, and selectmen have worked with the ACLU to develop perhaps the most detailed policies in the state.

…

This investigation was done for the Globe in collaboration with MuckRock, a Boston-based company that specializes in obtaining government documents through records requests. It was supported by a grant from the Fund for Investigative Journalism. Shawn Musgrave can be reached at shawn@muckrock.com.

By Shawn Musgrave | Globe Correspondent April 09, 2013

Find this story at 9 April 2013

© 2013 The New York Times Company

The burly American was escorted by Pakistani policemen into a crowded interrogation room. Amid a clatter of ringing mobile phones and cross talk among the cops speaking a mishmash of Urdu, Punjabi and English, the investigator tried to decipher the facts of the case.

“America, you from America?”

“Yes.”

“You’re from America, and you belong to the American Embassy?”

“Yes,” the American voice said loudly above the chatter. “My passport — at the site I showed the police officer. . . . It’s somewhere. It’s lost.”

On the jumpy video footage of the interrogation, he reached beneath his checkered flannel shirt and produced a jumble of identification badges hanging around his neck. “This is an old badge. This is Islamabad.” He showed the badge to the man across the desk and then flipped to a more recent one proving his employment in the American Consulate in Lahore.

“You are working at the consulate general in Lahore?” the policeman asked.

“Yes.”

“As a . . . ?”

“I, I just work as a consultant there.”

“Consultant?” The man behind the desk paused for a moment and then shot a question in Urdu to another policeman. “And what’s the name?”

“Raymond Davis,” the officer responded.

“Raymond Davis,” the American confirmed. “Can I sit down?”

“Please do. Give you water?” the officer asked.

“Do you have a bottle? A bottle of water?” Davis asked.

Another officer in the room laughed. “You want water?” he asked. “No money, no water.”

Another policeman walked into the room and asked for an update. “Is he understanding everything? And he just killed two men?”

Hours earlier, Davis had been navigating dense traffic in Lahore, his thick frame wedged into the driver’s seat of a white Honda Civic. A city once ruled by Mughals, Sikhs and the British, Lahore is Pakistan’s cultural and intellectual capital, and for nearly a decade it had been on the fringes of America’s secret war in Pakistan. But the map of Islamic militancy inside Pakistan had been redrawn in recent years, and factions that once had little contact with one another had cemented new alliances in response to the C.I.A.’s drone campaign in the western mountains. Groups that had focused most of their energies dreaming up bloody attacks against India were now aligning themselves closer to Al Qaeda and other organizations with a thirst for global jihad. Some of these groups had deep roots in Lahore, which was why Davis and a C.I.A. team set up operations from a safe house in the city.

But now Davis was sitting in a Lahore police station, having shot two young men who approached his car on a black motorcycle, their guns drawn, at an intersection congested with cars, bicycles and rickshaws. Davis took his semiautomatic Glock pistol and shot through the windshield, shattering the glass and hitting one of the men numerous times. As the other man fled, Davis got out of his car and shot several rounds into his back.

He radioed the American Consulate for help, and within minutes a Toyota Land Cruiser was in sight, careering in the wrong direction down a one-way street. But the S.U.V. struck and killed a young Pakistani motorcyclist and then drove away. An assortment of bizarre paraphernalia was found, including a black mask, approximately 100 bullets and a piece of cloth bearing an American flag. The camera inside Davis’s car contained photos of Pakistani military installations, taken surreptitiously.

More than two years later, the Raymond Davis episode has been largely forgotten in the United States. It was immediately overshadowed by the dramatic raid months later that killed Osama bin Laden — consigned to a footnote in the doleful narrative of America’s relationship with Pakistan. But dozens of interviews conducted over several months, with government officials and intelligence officers in Pakistan and in the United States, tell a different story: that the real unraveling of the relationship was set off by the flurry of bullets Davis unleashed on the afternoon of Jan. 27, 2011, and exacerbated by a series of misguided decisions in the days and weeks that followed. In Pakistan, it is the Davis affair, more than the Bin Laden raid, that is still discussed in the country’s crowded bazaars and corridors of power.

Davis was taken to Kot Lakhpat prison, on the industrial fringes of Lahore, a jail with a reputation for inmates dying under murky circumstances. He was separated from the rest of the prisoners and held in a section of the decaying facility where the guards didn’t carry weapons, a concession for his safety that American officials managed to extract from the prison staff. The United States Consulate in Lahore had negotiated another safeguard: A small team of dogs was tasting Davis’s food, checking that it had not been laced with poison.

For many senior Pakistani spies, the man sitting in the jail cell represented solid proof of their suspicions that the C.I.A. had sent a vast secret army to Pakistan, men who sowed chaos and violence as part of the covert American war in the country. For the C.I.A., the eventual disclosure of Davis’s role with the agency shed an unflattering light on a post–Sept. 11 reality: that the C.I.A. had farmed out some of its most sensitive jobs to outside contractors — many of them with neither the experience nor the temperament to work in the war zones of the Islamic world.

The third child of a bricklayer and a cook, Davis grew up in a small clapboard house outside Big Stone Gap, a town of nearly 6,000 people in Virginia coal country. He became a football and wrestling star at the local high school, and after graduating in 1993, Davis enlisted in the Army and did a tour in Macedonia in 1994 as a United Nations peacekeeper. When his five-year hitch in the infantry was up, he re-enlisted, this time in the Army’s Third Special Forces Group based at Fort Bragg, N.C. He left the Army in 2003 and, like hundreds of other retired Navy SEALs and Green Berets, was hired by the private security firm Blackwater and soon found himself in Iraq working security for the C.I.A.

Little is known about his work for Blackwater, but by 2006, Davis had left the firm and, together with his wife, founded a security company in Las Vegas. Soon he was hired by the C.I.A. as a private contractor, what the agency calls a “Green Badge,” for the color of the identification cards that contractors show to enter C.I.A. headquarters at Langley. Like Davis, many of the contractors were hired to fill out the C.I.A.’s Global Response Staff — bodyguards who traveled to war zones to protect case officers, assess the security of potential meeting spots, even make initial contact with sources to ensure that case officers wouldn’t be walking into an ambush. Officers from the C.I.A.’s security branch came under withering fire on the roof of the agency’s base in Benghazi, Libya, last September. The demands of the wars in Iraq and Afghanistan had so stretched the C.I.A.’s own cadre of security officers that the agency was forced to pay inflated sums to private contractors to do the security jobs. When Davis first deployed with the C.I.A. to Pakistan in 2008, he worked from the agency’s base in Peshawar, earning upward of $200,000 a year.

By mid-February 2011, with Davis still sitting in prison, anti-American passions were fully inflamed, and daily street protests and newspaper editorials demanded that the government not cave to Washington’s demands for Davis’s release but instead sentence him to death. The evidence at the time indicated that the men Davis killed had carried out a string of petty thefts that day, but there was an added problem: the third man killed by the unmarked American S.U.V. fleeing the scene. Making matters even worse for Davis was the fact that he was imprisoned in Lahore, where the family of Nawaz Sharif dominated the political culture. The former leader of the country made no secret about his intentions to once again run Pakistan, making him the chief antagonist to President Asif Ali Zardari and his political machine in Islamabad, a four-hour drive away. As the American Embassy in Islamabad leaned on Zardari’s government to get Davis released from jail, the diplomats soon realized that Zardari had little influence over the police officers and judges in the city of the president’s bitter rival.

But the most significant factor ensuring that Davis would languish in jail was that the Obama administration had yet to tell Pakistan’s government what the Pakistanis already suspected, and what Raymond Davis’s marksmanship made clear: He wasn’t just another paper-shuffling American diplomat. Davis’s work in Pakistan was much darker, and it involved probing an exposed nerve in the already-hypersensitive relationship between the C.I.A. and Pakistan’s military intelligence service, the Directorate for Inter-Services Intelligence, or I.S.I.

Ever since the Pakistani militant group Lashkar-e-Taiba (the Army of the Pure) dispatched teams of assassins to lay siege to luxury hotels and other sites in Mumbai, India, in November 2008, killing and wounding more than 500 people over four days of mayhem, C.I.A. analysts had been warning that the group was seeking to raise its global profile by carrying out spectacular attacks beyond South Asia. This spurred the agency to assign more of its expanding army of operatives in Pakistan toward gathering intelligence about Lashkar’s operations — a decision that put the interests of the C.I.A. and the I.S.I. in direct conflict. It was one thing for American spies to be lurking around the tribal areas, hunting for Al Qaeda figures; it was quite another to go into Pakistani cities on espionage missions against a group that the I.S.I. considered a valuable proxy force in its continuing battle with India.

The I.S.I. had nurtured the group for years as a useful asset against India, and Lashkar’s sprawling headquarters outside Lahore housed a radical madrassa, a market, a hospital, even a fish farm. The group’s charismatic leader, Hafiz Muhammad Saeed, had been put under house arrest at various times, but in 2009 the Lahore High Court quashed all terrorism charges against him and set him free. A stocky man with a wild beard, Saeed preached out in the open on many Fridays, flanked by bodyguards and delivering sermons to throngs of his followers about the imperialism of the United States, India and Israel. Even after the U.S. offered a $10 million reward for evidence linking Saeed to the Mumbai attacks, he continued to move freely in public, burnishing his legend as a Pakistani version of Robin Hood.

By the time Raymond Davis moved into a safe house with a handful of other C.I.A. officers and contractors in late 2010, the bulk of the agency’s officers in Lahore were focused on investigating the growth of Lashkar. To get more of its spies into Pakistan, the C.I.A. had exploited the arcane rules in place for approving visas for Americans. The State Department, the C.I.A. and the Pentagon all had separate channels to request visas for their personnel, and all of them led to the desk of Husain Haqqani, Pakistan’s pro-American ambassador in Washington. Haqqani had orders from Islamabad to be lenient in approving the visas, because many of the Americans coming to Pakistan were — at least officially — going to be administering millions of dollars in foreign-aid money. By the time of the Lahore killings, in early 2011, so many Americans were operating inside Pakistan under both legitimate and false identities that even the U.S. Embassy didn’t have accurate records of their identities and whereabouts.

The American Embassy in Islamabad is essentially a fortress within a fortress, a pile of buildings enclosed by walls topped with razor wire and surveillance cameras and then encircled by an outer ring of walls that separates a leafy area, called the Diplomatic Enclave, from the rest of the city. Inside the embassy, the work of diplomats and spies is kept largely separate, with the C.I.A. station occupying a warren of offices in its own wing, accessed only through doors with coded locks.

After Davis was picked up by the Lahore police, the embassy became a house divided by more than mere geography. Just days before the shootings, the C.I.A. sent a new station chief to Islamabad. Old-school and stubborn, the new chief did not come to Pakistan to be friendly with the I.S.I. Instead, he wanted to recruit more Pakistani agents to work for the C.I.A. under the I.S.I.’s nose, expand electronic surveillance of I.S.I. offices and share little information with Pakistani intelligence officers.

That hard-nosed attitude inevitably put him at odds with the American ambassador in Islamabad, Cameron Munter. A bookish career diplomat with a Ph.D. in history, Munter had ascended the ranks of the State Department’s bureaucracy and accepted several postings in Iraq before ultimately taking over the American mission in Islamabad, in late 2010. The job was considered one of the State Department’s most important and difficult assignments, and Munter had the burden of following Anne W. Patterson, an aggressive diplomat who, in the three years before Munter arrived, cultivated close ties to officials in the Bush and Obama administrations and won praise from the C.I.A. for her unflinching support for drone strikes in the tribal areas.

Munter saw some value to the drone program but was skeptical about the long-term benefits. Arriving in Islamabad at a time when relations between the United States and Pakistan were quickly deteriorating, Munter wondered whether the pace of the drone war might be undercutting relations with an important ally for the quick fix of killing midlevel terrorists. He would learn soon enough that his views about the drone program ultimately mattered little. In the Obama administration, when it came to questions about war and peace in Pakistan, it was what the C.I.A. believed that really counted.

With Davis sitting in prison, Munter argued that it was essential to go immediately to the head of the I.S.I. at the time, Lt. Gen. Ahmad Shuja Pasha, to cut a deal. The U.S. would admit that Davis was working for the C.I.A., and Davis would quietly be spirited out of the country, never to return again. But the C.I.A. objected. Davis had been spying on a militant group with extensive ties to the I.S.I., and the C.I.A. didn’t want to own up to it. Top C.I.A. officials worried that appealing for mercy from the I.S.I. might doom Davis. He could be killed in prison before the Obama administration could pressure Islamabad to release him on the grounds that he was a foreign diplomat with immunity from local laws — even those prohibiting murder. On the day of Davis’s arrest, the C.I.A. station chief told Munter that a decision had been made to stonewall the Pakistanis. Don’t cut a deal, he warned, adding, Pakistan is the enemy.

The strategy meant that American officials, from top to bottom, had to dissemble both in public and in private about what exactly Davis had been doing in the country. On Feb. 15, more than two weeks after the shootings, President Obama offered his first comments about the Davis affair. The matter was simple, Obama said in a news conference: Davis, “our diplomat in Pakistan,” should be immediately released under the “very simple principle” of diplomatic immunity. “If our diplomats are in another country,” said the president, “then they are not subject to that country’s local prosecution.”

Calling Davis a “diplomat” was, technically, accurate. He had been admitted into Pakistan on a diplomatic passport. But there was a dispute about whether his work in the Lahore Consulate, as opposed to the American Embassy in Islamabad, gave him full diplomatic immunity under the Vienna Convention on Diplomatic Relations. And after the shootings in Lahore, the Pakistanis were not exactly receptive to debating the finer points of international law. As they saw it, Davis was an American spy who had not been declared to the I.S.I. and whom C.I.A. officials still would not admit they controlled. General Pasha, the I.S.I. chief, spoke privately by phone and in person with Leon Panetta, then the director of the C.I.A., to get more information about the matter. He suspected that Davis was a C.I.A. employee and suggested to Panetta that the two spy agencies handle the matter quietly. Meeting with Panetta, he posed a direct question.

Was Davis working for the C.I.A.? Pasha asked. No, he’s not one of ours, Panetta replied. Panetta went on to say that the matter was out of his hands, and that the issue was being handled inside State Department channels. Pasha was furious, and he decided to leave Davis’s fate in the hands of the judges in Lahore. The United States had just lost its chance, he told others, to quickly end the dispute.

That the C.I.A. director would be overseeing a large clandestine network of American spies in Pakistan and then lie to the I.S.I. director about the extent of America’s secret war in the country showed just how much the relationship had unraveled since the days in 2002, when the I.S.I. teamed with the C.I.A. in Peshawar to hunt for Osama bin Laden in western Pakistan. Where had it gone so wrong?

While the spy agencies had had a fraught relationship since the beginning of the Afghan war, the first major breach came in July 2008, when C.I.A. officers in Islamabad paid a visit to Gen. Ashfaq Parvez Kayani, the Pakistani Army chief, to tell him that President Bush had signed off on a set of secret orders authorizing a new strategy in the drone wars. No longer would the C.I.A. give Pakistan advance warning before launching missiles from Predator or Reaper drones in the tribal areas. From that point on, the C.I.A. officers told Kayani, the C.I.A.’s killing campaign in Pakistan would be a unilateral war.

The decision had been made in Washington after months of wrenching debate about the growth of militancy in Pakistan’s tribal areas; a highly classified C.I.A. internal memo, dated May 1, 2007, concluded that Al Qaeda was at its most dangerous since 2001 because of the base of operations that militants had established in the tribal areas. That assessment became the cornerstone of a yearlong discussion about the Pakistan problem. Some experts in the State Department warned that expanding the C.I.A. war in Pakistan would further stoke anti-American anger on the streets and could push the country into chaos. But officials inside the C.I.A.’s Counterterrorism Center argued for escalating the drone campaign without the I.S.I.’s blessing. Since the first C.I.A. drone strike in Pakistan in 2004, only a small number of militants on the C.I.A.’s list of “high-value targets” had been killed by drone strikes, and other potential strikes were scuttled at the last minute because of delays in getting Pakistani approval, or because the targets seemed to have been tipped off and had fled.

So, in July 2008, when the C.I.A.’s director, Michael Hayden, and his deputy, Stephen Kappes, came to the White House to present the agency’s plan to wage a unilateral war in the mountains of Pakistan, it wasn’t a hard sell to a frustrated president. That began the relentless, years-long drone assault on the tribal areas that President Obama continued when he took office. And as the C.I.A.’s relationship with the I.S.I. soured, Langley sent station chiefs out to Islamabad who spent far less time and energy building up good will with Pakistani spies than their predecessors had. From 2008 on, the agency cycled a succession of seasoned case officers through Islamabad, and each left Pakistan more embittered than the last. One of them had to leave the country in haste when his identity was revealed in the Pakistani press. The C.I.A. suspected the leak came from the I.S.I.

Even many of the operations that at first seemed likely to signal a new era of cooperation between the C.I.A. and the I.S.I. ended in recriminations and finger-pointing. In January 2010, a clandestine team of C.I.A. officers and American special-operations troops working in Karachi traced a cellphone to a house in Baldia Town, a slum in the western part of the sprawling city. The C.I.A. did not conduct unilateral operations inside large Pakistani cities, so the Americans notified the I.S.I. about the intelligence. Pakistani troops and policemen launched a surprise raid on the house.

Although the C.I.A. didn’t know in advance, hiding inside the house was Mullah Abdul Ghani Baradar, a man considered to be the Afghan Taliban’s military commander and the second in command to Mullah Muhammad Omar, the leader of the Taliban. Only after suspects in the house were arrested and questioned did the C.I.A. learn that Baradar was among the detainees. The I.S.I. took him to a detention facility in an industrial section of Islamabad and refused the C.I.A. access to him. “At that point, things got really complicated,” one former C.I.A. officer said.

Was the entire episode a setup? Rumors had circulated inside Pakistan that Baradar wanted to cut a deal with the Americans and bring the Taliban to the negotiating table in Afghanistan. Had the I.S.I. somehow engineered the entire arrest, feeding intelligence to the C.I.A. so that Baradar could be taken off the street and the nascent peace talks spoiled? Had the I.S.I. played the C.I.A.? Months later, senior C.I.A. officials at Langley still couldn’t answer those questions. Today, more than three years later, Mullah Baradar remains in Pakistani custody.

As Davis languished in the jail cell in Lahore, the C.I.A. was pursuing its most promising lead about the whereabouts of Osama bin Laden since 2001, when he escaped from Tora Bora, in Afghanistan, and fled across the border into Pakistan. A small group of officers inside the agency’s Counterterrorism Center had become convinced that Bin Laden was hiding in a large compound in Abbottabad, a quiet hamlet north of Islamabad. For months, Panetta had been pushing clandestine officers to find a shred of hard proof that Bin Laden was hiding in the compound. The intelligence-gathering operating in Abbottabad had become the highest priority for the C.I.A. in Pakistan.

It was therefore more than a bit inconvenient that one of its undercover officers was sitting in a jail in Lahore facing a double murder charge. Pakistan’s Islamist parties organized street protests and threatened violent riots if Raymond Davis was not tried and hanged for his crimes. American diplomats in Lahore regularly visited Davis, but the Obama administration continued to stonewall Pakistan’s government about the nature of Davis’s work in the country.

And then the episode claimed another victim. On Feb. 6, the grieving widow of one of Davis’s victims swallowed a lethal amount of rat poison and was rushed to the hospital in Faisalabad, where doctors pumped her stomach. The woman, Shumaila Faheem, was certain that the United States and Pakistan would quietly broker a deal to release her husband’s killer from prison, a view she expressed to her doctors from her hospital bed. “They are already treating my husband’s murderer like a V.I.P. in police custody, and I am sure they will let him go because of international pressure,” she said. She died shortly afterward and instantly became a martyr for anti-American groups inside Pakistan.

The furor over the Davis incident was quickly escalating, threatening to shut down most C.I.A. operations in the country and derail the intelligence-gathering operation in Abbottabad. But the C.I.A. stood firm and sent top officials to Islamabad, who told Ambassador Munter to stick to the strategy.

By then, though, Munter had decided that the C.I.A.’s strategy wasn’t working, and eventually even high-level officials in the agency began to realize that stonewalling the Pakistanis was only causing the I.S.I. to dig in. After discussions among White House, State Department and C.I.A. officials in Washington, Munter approached General Pasha, the I.S.I. chief, and came clean. Davis was with the C.I.A., he said, and the United States needed to get him out of the country as quickly as possible. Pasha was fuming that Leon Panetta had lied to him, and he was going to make the Americans squirm by letting Davis sit in jail while he considered — on his own timetable — the best way to resolve the situation.

Back in Washington, Ambassador Haqqani was summoned to C.I.A. headquarters on Feb. 21 and taken into Panetta’s spacious office overlooking the agency’s campus in Langley, Va. Sitting around a large conference table, Panetta asked Haqqani for his help securing Davis’s release.

“If you’re going to send a Jason Bourne character to Pakistan, he should have the skills of a Jason Bourne to get away,” Haqqani shot back, according to one person who attended the meeting.

More than a week later, General Pasha came back to Ambassador Munter to discuss a new strategy. It was a solution based on an ancient tradition that would allow the matter to be settled outside the unpredictable court system. The issue had already been discussed among a number of Pakistani and American officials, including Ambassador Haqqani in Washington. The reckoning for Davis’s actions would come in the form of “blood money,” or diyat, a custom under Shariah law that compensates the families of victims for their dead relatives. The matter would be handled quietly, and Davis would be released from jail.

Pasha ordered I.S.I. operatives in Lahore to meet the families of the three men killed during the January episode and negotiate a settlement. Some of the relatives initially resisted, but the I.S.I. negotiators were not about to let the talks collapse. After weeks of discussions, the parties agreed on a total of 200 million Pakistani rupees, approximately $2.34 million, to offer “forgiveness” to the jailed C.I.A. officer.

Only a small group of Obama administration officials knew of the talks, and as they dragged on, Lahore’s high court was preparing to rule on whether Davis would be granted diplomatic immunity, a decision the C.I.A. expected to go against the United States and worried might set a precedent for future cases in Pakistan.

Davis remained in the dark about all of this. When he arrived for his court appearance on March 16, he was fully expecting to hear that the trial would proceed and that the judge would issue a new court date. He was escorted into the courtroom, his wrists cuffed in front of him, and locked inside an iron cage near the judge’s bench. According to one person’s account, General Pasha sat in the back of the courtroom, his cellphone out. He began sending out a stream of nervous text messages to Ambassador Munter, updating him about the court proceedings. Pasha was one of the most powerful men in Pakistan, and yet the I.S.I. had little control over the mercurial courts in Lahore, and he wasn’t entirely sure that things would proceed according to plan.

The first part of the hearing went as everyone expected. The judge, saying that the case would go ahead, noted that his ruling on diplomatic immunity would come in a matter of days. Pakistani reporters frantically began filing their stories about how this seemed a blow to the American case, and that it appeared that Davis would not be released from jail anytime soon. But then the judge ordered the courtroom cleared, and General Pasha’s secret plan unfolded.

Through a side entrance, 18 relatives of the victims walked into the room, and the judge announced that the civil court had switched to a Shariah court. Each of the family members approached Davis, some of them with tears in their eyes or sobbing outright, and announced that he or she forgave him. Pasha sent another text message to Munter: The matter was settled. Davis was a free man. In a Lahore courtroom, the laws of God had trumped the laws of man.

The drama played out entirely in Urdu, and throughout the proceeding, a baffled Davis sat silently inside the cage. He was even more stunned when I.S.I. operatives whisked him out of the courthouse through a back entrance and pushed him into a waiting car that sped to the Lahore airport.

The move had been choreographed to get Davis out of the country as quickly as possible. American officials, including Munter, were waiting for Davis at the airport, and some began to worry. Davis had, after all, already shot dead two men he believed were threatening him. If he thought he was being taken away to be killed, he might try to make an escape, even try to kill the I.S.I. operatives inside the car. When the car arrived at the airport and pulled up to the plane ready to take Davis out of Pakistan, the C.I.A. operative was in a daze. It appeared to the Americans waiting for him that Davis realized only then that he was safe.

The Davis affair led Langley to order dozens of covert officers out of Pakistan in the hope of lowering the temperature in the C.I.A. – I.S.I. relationship. Ambassador Munter issued a public statement shortly after the bizarre court proceeding, saying he was “grateful for the generosity” of the families and expressing regret for the entire incident and the “suffering it caused.”

But the secret deal only fueled the anger in Pakistan, and anti-American protests flared in major cities, including Islamabad, Karachi and Lahore. Demonstrators set tires ablaze, clashed with Pakistani riot police and brandished placards with slogans like “I Am Raymond Davis, Give Me a Break, I Am Just a C.I.A. Hit Man.”

The entire episode — and bin Laden’s killing in Abbottabad later that spring — extinguished any lingering productive relations between the United States and Pakistan. Leon Panetta’s relationship with General Pasha, the I.S.I. chief, was poisoned, and the already small number of Obama officials pushing for better relations between Washington and Islamabad dwindled even further. Munter was reporting daily back to Washington about the negative impact of the armed-drone campaign and about how the C.I.A. seemed to be conducting a war in a vacuum, oblivious to the ramifications that the drone strikes were having on American relations with Pakistan’s government.

The C.I.A. had approval from the White House to carry out missile strikes in Pakistan even when the agency’s targeters weren’t certain about exactly whom they were killing. Under the rules of so-called “signature strikes,” decisions about whether to fire missiles from drones could be made based on patterns of activity deemed suspicious. For instance, if a group of young “military-age males” were observed moving in and out of a suspected militant training camp and were thought to be carrying weapons, they could be considered legitimate targets. American officials admit it is nearly impossible to judge a person’s age from thousands of feet in the air, and in Pakistan’s tribal areas, adolescent boys are often among militant fighters. Using such broad definitions to determine who was a “combatant” and therefore a legitimate target allowed Obama administration officials at one point to claim that the escalation of drone strikes in Pakistan had not killed any civilians for a year. It was something of a trick of logic: in an area of known militant activity, all military-age males could be considered enemy fighters. Therefore, anyone who was killed in a drone strike there was categorized as a combatant.

The perils of this approach were laid bare on March 17, 2011, the day after Davis was released from prison and spirited out of the country. C.I.A. drones attacked a tribal council meeting in the village of Datta Khel, in North Waziristan, killing dozens of men. Ambassador Munter and some at the Pentagon thought the timing of the strike was disastrous, and some American officials suspected that the massive strike was the C.I.A. venting its anger about the Davis episode. More important, however, many American officials believed that the strike was botched, and that dozens of people died who shouldn’t have.

Other American officials came to the C.I.A.’s defense, saying that the tribal gathering was in fact a meeting of senior militants and therefore a legitimate target. But the drone strike unleashed a furious response in Pakistan, and street protests in Lahore, Karachi and Peshawar forced the temporary closure of American consulates in those cities.

Munter said he believed that the C.I.A. was being reckless and that his position as ambassador was becoming untenable. His relationship with the C.I.A. station chief in Islamabad, already strained because of their disagreements over the handling of the Davis case, deteriorated even further when Munter demanded that the C.I.A. give him the chance to call off specific missile strikes. During one screaming match between the two men, Munter tried to make sure the station chief knew who was in charge, only to be reminded of who really held the power in Pakistan.

“You’re not the ambassador!” Munter shouted.

“You’re right, and I don’t want to be the ambassador,” the station chief replied.

This turf battle spread to Washington, and a month after Bin Laden was killed, President Obama’s top advisers were arguing in a National Security Council meeting over who really was in charge in Pakistan. At the June 2011 meeting, Munter, who participated via secure video link, began making his case that he should have veto power over specific drone strikes.

Panetta cut Munter off, telling him that the C.I.A. had the authority to do what it wanted in Pakistan. It didn’t need to get the ambassador’s approval for anything.

“I don’t work for you,” Panetta told Munter, according to several people at the meeting.

But Secretary of State Hillary Clinton came to Munter’s defense. She turned to Panetta and told him that he was wrong to assume he could steamroll the ambassador and launch strikes against his approval.

“No, Hillary,” Panetta said, “it’s you who are flat wrong.”

There was a stunned silence, and National Security Adviser Tom Donilon tried to regain control of the meeting. In the weeks that followed, Donilon brokered a compromise of sorts: Munter would be allowed to object to specific drone strikes, but the C.I.A. could still press its case to the White House and get approval for strikes even over the ambassador’s objections. Obama’s C.I.A. had, in essence, won yet again.

As for Raymond Davis, he tried to settle back into his life in the United States after being flown out of Pakistan. He found work as a firearms instructor, but in the end he couldn’t stay out of trouble. On Oct. 1, 2011, just seven months after his abrupt departure from Pakistan, Davis was eyeing a parking spot in front of a bagel shop in Highlands Ranch, Colo., a suburb of Denver. So was Jeffrey Maes, a 50-year-old minister who was driving with his wife and two young daughters. When Maes beat Davis to the spot, Davis shouted profanities through his open window. Then he jumped out of his car and confronted Maes, telling the minister that he had been waiting for the parking spot.

According to an affidavit given by Maes, he told Davis to “relax and quit being stupid.”

Davis struck Maes in the face, knocking him to the pavement. Maes said in court that when he stood up from the fall, Davis continued to hit him. The minister’s wife, later recalling the episode, said she had never in her life seen a man so full of rage. Just last month, after protracted legal proceedings, Davis pleaded guilty to a charge of third-degree misdemeanor assault and was sentenced to two years of probation. A judge ordered him to pay restitution and attend anger-management classes.

…

April 9, 2013
By MARK MAZZETTI
Editor: Joel Lovell

Find this story at 9 April 2013

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