UPDATE: Add the IRS to the list of federal agencies obtaining information from NSA surveillance. Reuters reports that the IRS got intelligence tips from DEA’s secret unit (SOD) and were also told to cover up the source of that information by coming up with their own independent leads to recreate the information obtained from SOD. So that makes two levels of deception: SOD hiding the fact it got intelligence from the NSA and the IRS hiding the fact it got information from SOD. Even worse, there’s a suggestion that the Justice Department (DOJ) “closely guards the information provided by SOD with strict oversight,” shedding doubt into the effectiveness of DOJ earlier announced efforts to investigate the program.

A startling new Reuters story shows one of the biggest dangers of the surveillance state: the unquenchable thirst for access to the NSA’s trove of information by other law enforcement agencies.

As the NSA scoops up phone records and other forms of electronic evidence while investigating national security and terrorism leads, they turn over “tips” to a division of the Drug Enforcement Agency (“DEA”) known as the Special Operations Division (“SOD”). FISA surveillance was originally supposed to be used only in certain specific, authorized national security investigations, but information sharing rules implemented after 9/11 allows the NSA to hand over information to traditional domestic law-enforcement agencies, without any connection to terrorism or national security investigations.

But instead of being truthful with criminal defendants, judges, and even prosecutors about where the information came from, DEA agents are reportedly obscuring the source of these tips. For example, a law enforcement agent could receive a tip from SOD—which SOD, in turn, got from the NSA—to look for a specific car at a certain place. But instead of relying solely on that tip, the agent would be instructed to find his or her own reason to stop and search the car. Agents are directed to keep SOD under wraps and not mention it in “investigative reports, affidavits, discussions with prosecutors and courtroom testimony,” according to Reuters.

“Parallel construction” is really intelligence laundering

The government calls the practice “parallel construction,” but deciphering their double speak, the practice should really be known as “intelligence laundering.” This deception and dishonesty raises a host of serious legal problems.

First, the SOD’s insulation from even judges and prosecutors stops federal courts from assessing the constitutionality of the government’s surveillance practices. Last year, Solicitor General Donald Verilli told the Supreme Court that a group of lawyers, journalists and human rights advocates who regularly communicate with targets of NSA wiretapping under the FISA Amendments Act (FAA) had no standing to challenge the constitutionality of that surveillance. But Verrilli said that if the government wanted to use FAA evidence in a criminal prosecution, the source of the information would have to be disclosed. When the Supreme Court eventually ruled in the government’s favor, finding the plaintiffs had no standing, it justified its holding by noting the government’s concession that it would inform litigants when FAA evidence was being used against them.

Although the government has been initially slow to follow up on Verrilli’s promises, it has begrudgingly acknowledged its obligation to disclose when it uses the FAA to obtain evidence against criminal defendants. Just last week DOJ informed a federal court in Miami that it was required to disclose when FAA evidence was used to build a terrorism case against a criminal defendant.

Terrorism cases make up a very small portion of the total number of criminal cases brought by the federal government, counting for just 0.4 percent of all criminal cases brought by all U.S. Attorney offices across the country in 2012. Drug cases, on the other hand, made up 20 percent of all federal criminal cases filed in 2012, the second most prosecuted type of crime after immigration cases. If the government acknowledges it has to disclose when FAA evidence has been used to make a drug case—even if it’s a tip leading to a pretextual traffic stop—the number of challenges to FAA evidence will increase dramatically.

SOD bypasses the Constitution

Even beyond the larger systemic problem of insulating NSA surveillance from judicial review, criminal defendants whose arrest or case is built upon FISA evidence are now deprived of their right to examine and challenge the evidence used against them.

Taken together, the Fifth and Sixth Amendments guarantee a criminal defendant a meaningful opportunity to present a defense and challenge the government’s case. But this intelligence laundering deprives defendants of these important constitutional protections. It makes it harder for prosecutors to comply with their ethical obligation under Brady v. Maryland to disclose any exculpatory or favorable evidence to the defense—an obligation that extends to disclosing evidence bearing on the reliability of a government witness. Hiding the source of information used by the government to initiate an investigation or make an arrest means defendants are deprived of the opportunity to challenge the accuracy or veracity of the government’s investigation, let alone seek out favorable evidence in the government’s possession.

Courts must have all the facts

The third major legal problem is that the practice suggests DEA agents are misleading the courts. Wiretaps, search warrants, and other forms of surveillance authorizations require law enforcement to go to a judge and lay out the facts that support the request. The court’s function is to scrutinize the facts to determine the appropriate legal standard has been met based on truthful, reliable evidence. So, for example, if the government is using evidence gathered from an informant to support its request for a search warrant, it has to establish to the court that the informant is reliable and trustworthy so that the court can be convinced there is probable cause to support the search. But when law enforcement omits integral facts—like the source of a tip used to make an arrest—the court is deprived of the opportunity to fulfill its traditional role and searches are signed off without the full knowledge of the court.

Ultimately, if you build it, they will come. There’s no doubt that once word got out about the breadth of data the NSA was collecting and storing, other law enforcement agencies would want to get their hands in the digital cookie jar. In fact, the New York Times reported on Sunday that other agencies have tried to get information from the NSA to “curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement.”

Teaming up to play fast and loose with criminal defendants and the court, the DEA and NSA have made a mockery of the rule of law and the legal frameworks intended to curb abuses.

August 6, 2013 | By Hanni Fakhoury

Find this story at 6 August 2013

© www.eff.org

The U.S. Department of Justice has begun reviewing a controversial unit inside the Drug Enforcement Administration that uses secret domestic surveillance tactics — including intelligence gathered by the National Security Agency — to target Americans for drug offenses. According to a series of articles published by Reuters, agents are instructed to recreate the investigative trail in order to conceal the origins of the evidence, not only from defense lawyers, but also sometimes from prosecutors and judges. “We are talking about ordinary crime: drug dealing, organized crime, money laundering. We are not talking about national security crimes,” says Reuters reporter John Shiffman. Ethan Nadelmann, executive director of the Drug Policy Alliance, says this is just the latest scandal at the DEA. “I hope it is a sort of wake-up call for people in Congress to say now is the time, finally, after 40 years, to say this agency really needs a close examination.”
Transcript

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

AMY GOODMAN: The Justice Department has begun reviewing a controversial unit inside the U.S. Drug Enforcement Administration that uses secret domestic surveillance tactics, including intelligence gathered by the National Security Agency, to target Americans for drug offenses. According to a series of articles published by the Reuters news agency, agents are instructed to recreate the investigative trail in order to conceal the origins of the evidence—not only from defense lawyers but also sometimes from prosecutors and judges. DEA training documents instruct agents to even make up alternative versions of how such investigations truly begin, a process known as “parallel construction.”

On Monday, White House Press Secretary Jay Carney was asked about the Reuters investigation.

PRESS SECRETARY JAY CARNEY: It’s my understanding, our understanding, that the Department of Justice is looking at some of the issues raised in the story. But for more, I would refer you to the Department of Justice.

AMY GOODMAN: The unit of the DEA that distributes the secret intelligence to agents is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. The unit was first created two decades ago, but it’s coming under increased scrutiny following the recent revelations about the NSA maintaining a database of all phone calls made in the United States. One former federal judge, Nancy Gertner, said the DEA program sounds more troubling than recent disclosures that the NSA has been collecting domestic phone records. She said, quote, “It is one thing to create special rules for national security. Ordinary crime is entirely different. It sounds like they are phonying up investigations.”

For more, we’re joined by the reporter who broke this story, John Shiffman, correspondent for Reuters, which published his exclusive story Monday, “U.S. Tells Agents to Cover Up Use of Wiretap Program.”

Welcome to Democracy Now!, John. Why don’t you start off by just laying it out and what exactly this cover-up is.

JOHN SHIFFMAN: Thanks very much for having me.

Well, my colleague Kristina Cooke and I spoke with about a dozen or two dozen agents and obtained some internal documents that showed that what federal agents, not just DEA agents but other agents who work with the DEA and do drug investigations—what they’re doing is, is they are starting—they are claiming that their investigations start, say, at step two. They are withholding step one from the investigations. And, I should say, it’s not just NSA intercepts. It’s informant information, information obtained from court-ordered wiretaps in one case, and using those for information in a second case. They also have a large database of phone records. Whenever the DEA subpoenas or does a search warrant and gets phone records for someone suspected of involvement in drugs or gang involvement, they put all those numbers into one giant database they call DICE, and they use that information to compare different cases. All of the collection is—seems perfectly legitimate, in terms of being court-ordered. What troubles some critics is the fact that they are hiding that information from drug defendants who face trial. The problem with that is that—is that these defendants won’t know about some potentially exculpatory information that may affect their case and their right to a fair trial.

AMY GOODMAN: So explain exactly how this information is being hidden from judges, prosecutors and sometimes defense attorneys, as well.

JOHN SHIFFMAN: Sure. Well, just to give an example, through any of these four different ways, including the NSA intercepts, the DEA’s Special Operations Division will send the information to a DEA agent in the field or a FBI agent or an ICE agent or state policeman, and they’ll give him the information. Then they’ll say, “Look, you know, we understand that there will be a truck going to a certain park in Texas at a certain time. It’s a red truck. It’ll be two people involved.” And the state trooper or the DEA will find you reason to pull the truck over, say for a broken tail light or for speeding, that sort of thing. And, lo and behold, inside the trunk they’ll find, you know, a kilo of cocaine. The people who have been arrested will never know that—why the police or the DEA pulled them over. They’ll think it’s just luck. And that’s important because if those people try to go to trial, there are pieces of information about how that evidence was obtained and what it shows and what other pieces of it show—might affect their trial.

AMY GOODMAN: On Monday, I spoke with Guardian columnist Glenn Greenwald just after your story broke about how the DEA is using material gathered in part by the NSA in its surveillance of Americans. Glenn Greenwald has, of course, broken several major stories about the NSA’s domestic activity. This was his response.

GLENN GREENWALD: So this should be a huge scandal for the following reason. The essence of the Constitution is that the government cannot obtain evidence or information about you unless it has probable cause to believe that you’ve engaged in a crime and then goes to a court and gets a warrant. And only then is that evidence usable in a prosecution against you. What this secret agency is doing, according to Reuters, it is circumventing that process by gathering all kinds of information without any court supervision, without any oversight at all, using surveillance technologies and other forms of domestic spying. And then, when it gets this information that it believes it can be used in a criminal prosecution, it knows that that information can’t be used in a criminal prosecution because it’s been acquired outside of the legal and constitutional process, so they cover up how they really got it, and they pretend—they make it seem as though they really got it through legal and normal means, by then going back and retracing the investigation, once they already have it, and re-acquiring it so that it looks to defense counsel and even to judges and prosecutors like it really was done in the constitutionally permissible way. So they’re prosecuting people and putting people in prison for using evidence that they’ve acquired illegally, which they’re then covering up and lying about and deceiving courts into believing was actually acquired constitutionally. It’s a full-frontal assault on the Fourth, Fifth and Sixth Amendments and on the integrity of the judicial process, because they’re deceiving everyone involved in criminal prosecutions about how this information has been obtained.

AMY GOODMAN: John Shiffman, if you could elaborate on that and also talk about the differences between what the DEA is doing and what Glenn Greenwald exposed around the NSA?

JOHN SHIFFMAN: Sure. These are two very—I think they’re different topics, for one main reason, which is that the NSA revelations by Mr. Greenwald and Mr. Snowden are related to terrorism—or at least that’s what we’re told by the government. And the DEA, what the DEA is doing is only—very rarely do they get involved in terrorism. I mean, they do some narcoterrorism, but inside the United States we’re talking about ordinary crime. We’re talking about drug dealing, organized crime, money laundering. We’re not talking about national security crimes.

The one thing I would say is that the defense analysts I’ve spoken with, meaning defense attorney analysts, they emphasize less the probable cause aspect of it than they find—they don’t find that as troubling. What they find really troubling is the pretrial discovery aspects of this and a prosecutor’s, you know, obligation to turn over any exculpatory evidence. What they really have a problem with is that this program systematically excludes or appears to systematically exclude all evidence obtained, you know, that’s hidden from view, so the defense doesn’t know to request it. They find that a lot more troubling than the probable cause aspects of it. The Supreme Court has given a pretty wide pro-police interpretation of when probable cause can be obtained, and there are a variety of exceptions. But it’s really the pretrial discovery part of it that seems to trouble a lot of the former judges and defense attorneys and prosecutors.

AMY GOODMAN: One of the two slides Reuters obtained that were used to train agents with the Drug Enforcement Agency instructs them in the use of parallel construction. According to the slide, this is, quote, “the use of normal investigative techniques to recreate the information provided by the [Special Operations Division],” such as subpoenaed domestic telephone calls. A second slide instructs agents that such evidence, quote, “cannot be revealed or discussed.” The slide is titled “Special Operations Division Rules.” Describe what you uncovered about those rules and this concept of parallel construction, which until now had not been publicly discussed in writing.

JOHN SHIFFMAN: Well, what really surprised me was talking to agents, current and former agents, who said, “Sure, we do that.” They—half of them said, “Yeah, you know, I could see how people might have a problem with that.” The other half said, “You know, look, this is a hard job that we do, and we’re going after criminals and drug dealers.” The people that got the most offended, I think, were the lawyers, the prosecutors and the—you know, and the judges and the former judges. One current prosecutor told me that he had a case where—in Florida, where a DEA agent came to him with a case and said that it began with an informant. So they were proceeding with the case, and the prosecutor asked the DEA agent more information. He said, you know, “I need to know more about your informant.” Turns out, ultimately, that he found out that there was no informant. It was an NSA wiretap. And what—overseas. And that really upset the prosecutor, because he said that it really offended his sense of fair play and honesty. And he said, “It’s just a bad way of starting an investigation, if you’re going to start with a lie.”

AMY GOODMAN: I wanted to bring Ethan Nadelmann into this discussion, executive director of the Drug Policy Alliance. Ethan, why is—are the revelations by Reuters, John Shiffman’s investigation, so significant for your work?

ETHAN NADELMANN: Well, I think what it plays into, Amy, is that there’s been this remarkable lack of oversight of DEA by Congress, by other federal oversight agencies, for decades now. I mean, this year marks the 40th anniversary of the DEA, which Nixon created as a merger of police agencies, of drug enforcement agencies, back during the—one of the earlier drug wars. And what you see is an organization with a budget of over $2 billion. You see an organization getting involved in all sorts of shenanigans, hiring informants who land up to be tied up with murderers, you know, locking up some poor drug—you know, I don’t think even drug dealer, drug—low-level offender, and forgetting about him in a prison cell in this case of Daniel Chong, who was left in a prison cell for five days and forgotten. But beyond that, you have the agency serving as a propaganda agency, with no—with none of its statements being compared or held to any sort of scientific standards. You have an administrator who testifies before Congress and is almost a laughing stock when it comes to talking about drugs. So I think that this report by Reuters and by John Shiffman—I hope it’s a sort of wake-up call for people in Congress to say, “Now is the time, finally, after really 40 years, to say this agency really needs a close examination.”

AMY GOODMAN: Ethan, the Drug Enforcement Administration has agreed to pay $4.1 million in a settlement to a San Diego college student who nearly lost his life after being left handcuffed in his cell for more than four days without food or water. He ultimately drank his urine as he lay there, yelling out to agents right outside. His name was Daniel Chong. He was arrested for a 420 celebration of marijuana culture. He was never charged with any crime, and ultimately he was released.

ETHAN NADELMANN: You know, I think—I mean, that’s the case I was mentioning before. I mean, part of—you know, one can say, “Oh, this is just an accident, and accidents happen.” But, of course, accidents like that should never happen when you’re talking about a police agency, much less a federal police agency, being allowed to just sort of forget about somebody. And in the end, what happens? The taxpayers bail out the DEA for almost killing somebody for no cause whatsoever. So, you know, each year the DEA goes through its own little, you know, appropriations hearings in Congress. Each year it gets approved. And each year they just sort of get a ride. I think these things are piling up in a way that can no longer be sustained—should no longer be sustained.

AMY GOODMAN: So what has been, John Shiffman, the response to your investigation by the DEA, by the NSA, by the FBI and others?

JOHN SHIFFMAN: Well, they say it’s perfectly legal, what they do. And they say that—one DEA official told us that, you know, “This is a bedrock principle, parallel construction. We use it every day.” They’re pretty unabashed about it and said that—you know, that they’ve been doing this since the late ’90s, and there’s really nothing wrong with it. Yesterday the Justice Department said they are going to review it. But DEA has said, you know, there’s no problem with this.

AMY GOODMAN: How many people does this impact?

JOHN SHIFFMAN: Well, it would impact—I would think it would impact everyone, because, you know, it’s—we’re talking about a principle of law here. Not to get too legal, but, I mean, if you’re arrested, one of the fundamental rights that you have is to see the evidence against you. You know, when I was at the DEA and doing the interview, they cited the Ted Stevens case, which involved prosecutorial misconduct, which had—in which the senator’s charges were thrown out, because evidence was concealed. They said that after that there had been a review of all of the discovery procedures throughout the Justice Department, including at Special Operations Division. But they said that—and so I asked, I said, “Great, can I see a copy of the review?” And they said, “No.”

AMY GOODMAN: So, Ethan Nadelmann, it’s all legal.

ETHAN NADELMANN: Well, you know, that’s what happens when any agency gets to just do what it wants to do for years and years and years without anybody looking over its shoulder. You know, I mean, Amy, this agency has also done things in the areas of medical marijuana, scientific research, the scheduling process of drugs, whereby they will go through an entirely legal process, through their own administrative law process hearings. It will have an internal judge, an administrative law judge, come down with recommendations that are scientifically based, that are credible, and then they will have the politically appointed head of this agency overrule those recommendations for no purpose whatsoever.

Once again, Congress is not asking any questions. It’s their job to look at the—I mean, obviously, it’s the Obama administration’s job, as well, and Eric Holder’s job, as well, but it’s ultimately Congress, as well, that has to care about these things. And I’m hoping that it’s not just Democrats in the Senate, but also Republicans in the House, who will say, “This agency has gone too far.” Republicans have never been great friends of overextensions of federal police power, and I hope they can find some common cause with Democrats, saying, “Wait a second. Let’s call the DEA in here. Let’s look at what—you know, what John Shiffman has found with his investigative report. Let’s look at all these other patterns of abuse and misbehavior.”

AMY GOODMAN: We want to thank you both for being with us, John Shiffman, for your reporting at Reuters, and Ethan Nadelmann. Thanks so much for joining us. We’ll link to the story at democracynow.org.

JOHN SHIFFMAN: Thanks.

AMY GOODMAN: Ethan Nadelmann, executive director of the Drug Policy Alliance. When we come back, we’re going to Richmond, California, to speak with the mayor. Stay with us.

Tuesday, August 6, 2013

Find this story at 6 August 2013

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The Turkish Community in Germany has published a report responding to a series of racist murders authorities failed to detect for years. The paper is intended to complement recommendations put forward by a parliamentary committee.

In response to recommendations published last week by a committee in the Bundestag, Germany’s federal parliament, the Turkish Community in Germany (TGD) has put out its own report on the crimes of the National Socialist Underground (NSU) — the murderous neo-Nazi terrorist cell uncovered nearly two years ago.

The 80-page report, presented by TGD chairman Kenan Kolat at a Berlin press conference on Tuesday, calls for Germans to develop “a new sensitivity for hidden forms of everyday prejudice”. It also advocates a complete overhaul of the country’s domestic security operations.

The NSU is believed to have committed 10 murders between 2000 and 2007, and eight of the victims were of Turkish origin. Rather than looking into racial motivations for the murders, police in a number of the slayings immediately suspected the victims were involved in organized crime and drug trafficking.

Time For Change

The TGD report, which was researched and co-authored by Hajo Funke — a well-known political scientist with a focus on right-wing extremism in Germany — suggests a fundamental overhaul of the country’s domestic security operations is necessary.

It recommends that the Federal Office for the Protection of the Constitution — the body tasked with gathering intelligence on racially motivated crimes in Germany — be disbanded. A new, independent and fully financed investigative body, as well as a series of new recruits with fresh ideas would be the only way to institute change, said Kolat.

Also notable among the Turkish Community’s recommendations is a proposed ban on racial profiling by police and other security officials, the elimination of the government’s large network of undercover informants within the far-right scene and the introduction of a permanent parliamentary committee tasked with overseeing racially motivated crime investigations. The report also suggests erecting a memorial site in the German capital to commemorate the victims.

An Institutional Problem

The news comes in response to a report issued last week by a committee of German lawmakers, detailing how members of the NSU were able to commit dozens of crimes without arousing the suspicion of law enforcement.

The report, which lays out 47 recommendations on how to improve the German state security system, has been heavily criticized. In addition to the fact that its suggestions are non-binding, critics also argue they would be difficult to implement on a nationwide basis. In Germany’s decentralized system of federal states, any kind of affirmative action program would face immense challenges.

The report also came under fire from lawyers representing the families of those murdered by the NSU for not addressing what they view as the “decisive problem” in the investigation into the slayings — namely “institutional racism” within the German police and government authorities. Sebastian Edathy, chairman of the parliamentary committee with the center-left Social Democratic Party (SPD), was quick to dismiss the criticism. “I wouldn’t refer to it as institutional racism,” he said in an interview with the Frankfurter Allgemeine Zeitung newspaper last week. “There were isolated cases of racists in our police force who do not belong there.”

‘Structural Racial Prejudices’

Although the Bundestag report does include one recommendation stating that “German society is diverse — and that this diversity should be reflected by the police authorities, who must also be able to competently deal with this diversity,” it does not make any explicit mention of the possibility of institutionalized racism within the police or government agencies. The only such comments come at the end of the report, where individual political parties provided responses.

Neither Merkel’s conservative Christian Democrats, her government’s junior coalition partner, the Free Democratic Party, nor the Green Party said anything in the report on the possibility of institutionalized racism. However, the opposition SPD and Left Party both commented extensively on the phenomenon — at least as it pertains to the NSU investigation.

The SPD wrote that “structural racial prejudices had been a major cause of the lack of openness in the investigation into the murders and bombing attacks committed by the NSU.” The party also lamented “prejudiced routines in the police’s work” that led to “routine prejudicial structures against people with immigrant backgrounds,” although the party said it was a “structural” rather than intentional problem. Such routines, it said, were often racist. The Left Party lamented that “structural and institutional racism had been a trait of the” police work relating to the NSU series of murders. The Green Party does, however, call in the report for regular “anti-racism training” for police, prosecutors and judges.

Kenan Kolat, meanwhile, has been more explicit in his assertions. The aim of the Turkish Community’s efforts, Kolat said at Tuesday’s press conference, was to eliminate “everyday racism, which also exists within institutions.”

08/28/2013 04:38 PM

Find this story at 28 August 2013

© SPIEGEL ONLINE 2013

Der Thüringer Verfassungsschutz setzte den Neonazi Kai-Uwe Trinkaus als Informanten ein – und verstieß damit einem Gutachten zufolge massiv gegen Dienstvorschriften. Und dann kündigte der ehemalige NPD-Spitzenfunktionär einen Gewaltakt an. Doch niemand reagierte.

Kai-Uwe Trinkaus bot seine Dienste selbst an. Der berüchtigte Neonazi und NPD-Funktionär rief am 31. Mai 2006 beim Thüringer Landesamt für Verfassungsschutz an und sagte, er wäre bereit, Informationen aus der Szene und der Partei auszuplaudern. Der Geheimdienst zögerte nicht lange: Es gab Gespräche und Stichproben und ab dem 8. März 2007 bekam Trinkaus den Namen “Ares” verpasst und wurde offiziell als Quelle des Verfassungsschutzes geführt – für 1000 Euro im Monat, wie Trinkaus behauptet. Für 41 Berichte soll er 16.200 Euro erhalten haben. Mit dem Geld habe er Aktivitäten der NPD bezahlt, später wechselte er zur DVU.

Trinkaus als Spitzel einzukaufen war ein Fehler – zu dem Ergebnis kommt das sogenannte Engel-Gutachten. Norbert Engel, ehemaliger Abteilungsleiter im Thüringer Landtag, hat seit Beginn des Jahres die Affäre Trinkaus im Auftrag der Parlamentarischen Kontrollkommission (PKK) untersucht. Sein 80-seitiges Gutachten wurde nun nach Informationen von MDR Thüringen am Dienstag hinter verschlossenen Türen in einer geheimen PKK-Sitzung vorgelegt. Es belegt schwere Versäumnisse von Geheimdienst und der Fachaufsicht im Thüringer Innenministerium.

Demnach hatten die Verfassungsschützer von Trinkaus’ vormaligen politischen Aktivitäten keinen blassen Schimmer: “Dies gilt insbesondere, weil klar sein musste, dass aufgrund seines politischen Werdegangs Herr Trinkaus persönliche Kontakte zu führenden Mitgliedern der Linkspartei.PDS hatte. Obwohl solche Kontakte für die Zuverlässigkeit zur Verwendung als V-Mann von hoher Bedeutung sind, wurde […] nach ihnen nicht einmal gefragt.” Engels Fazit an dieser Stelle: Ein ehemaliger Funktionär der Linkspartei, der in die NPD wechselte und sich selbst beim Verfassungsschutz anbietet, hätte nicht als V-Mann eingesetzt werden dürfen.

Die Behörde hat laut Gutachter damals unter großem Druck gestanden: Eine weitere Quelle im Bereich der NPD – besonders im regionalen Bereich von Erfurt und Mittelthüringen – sei “unbedingt” nötig gewesen, “lieber ein problematischer Zugang als gar keine Quelle”.

Und offensichtlich galt auch: lieber viele Informationen als gute. Denn laut Engel hat Trinkaus dem Verfassungsschutz zwar eine “beachtliche” Menge an Informationen gegeben, diese seien jedoch nicht so profund gewesen, dass sie die Nachteile der “Verwendung von Herrn Trinkaus gerechtfertigt hätten”. Das sei vor allem darauf zurückzuführen, dass Trinkaus nie in den wirklich vertraulichen Runden des Landesvorstandes der Thüringer NPD mitgemischt habe.

Wer legte Feuer im Haus “Topf & Söhne” in Erfurt?

Einmal habe Trinkaus eine Aktion von gewaltbereiten Neonazis verraten: Einen Angriff auf das besetzte Haus “Topf & Söhne” in Erfurt. Laut den Bewohnern legten Brandstifter im April 2007 in dem Gebäude Feuer, etwa 40 Menschen hielten sich zu dem Zeitpunkt darin auf. Bis heute wurden keine Täter ermittelt.

Damals spekulierten die Besetzer über einen rechtsextremen Hintergrund der Tat – Tattag war der Geburtstag Adolf Hitlers. Trinkaus soll laut Mitgliedern des Ausschusses seinem V-Mann-Führer berichtet haben, dass Neonazis einen Angriff auf das Hausprojekt gemeinsam mit sächsischen Kameraden trainierten. Ob vor oder nach der Tat, ist unklar. Aus weiteren Unterlagen, die dem Ausschuss vorliegen, finden sich keine Hinweise über die Weitergabe dieser Informationen an das Landeskriminalamt (LKA) oder die örtliche Polizei.

Dabei soll Trinkaus auch davon gesprochen haben, dass es nicht ausgeschlossen sei, dass das Gebäude abgebrannt werde, wie SPIEGEL ONLINE von Ausschussmitgliedern erfuhr. Damals erlosch das Feuer von selbst, es gab keine Verletzten.

Trinkaus ging auf in seinem Doppelleben als Neonazi und V-Mann: Er gründete oder unterwanderte Vereine, die nach außen hin unscheinbar wirkten, in denen sich aber tatsächlich Rechtsextremisten organisierten. Laut Gutachten hatte der Thüringer Verfassungsschutz auch davon keine oder nur ansatzweise Ahnung.

Auch habe Trinkaus die Anweisung seiner V-Mann-Führer, Provokationen gegenüber der Linkspartei und anderen politischen Parteien zu unterlassen, ignoriert. Erst im September 2010 wurde Trinkaus abgeschaltet, als durch einen MDR-Bericht bekannt geworden war, dass Trinkaus einen getarnten Neonazi als Praktikanten in die Linksfraktion eingeschleust hatte.

Gab der Verfassungsschutz Interna an Trinkaus weiter?

Trinkaus’ doppeltes Spiel sei “einmalig” im Verfassungsschutz, resümiert Engel. Ermöglicht habe dies auch die mangelnde Kontrolle des zuständigen Referats im Verfassungsschutz. Der Grund: Der verantwortliche Mitarbeiter war ein Jahr lang krank, Ersatz für ihn gab es keinen.

Engels Vorwürfe richten sich auch gegen das Thüringer Innenministerium, dem die Fachaufsicht für den Verfassungsschutz untergeordnet ist. Das Verhalten des Innenministeriums sei “nicht akzeptabel”. Der damalige Abteilungsleiter ist der heutige Innenstaatssekretär Bernhard Rieder, der von Beginn an in den kompletten Fall Trinkaus eingebunden war. Aber auch der damalige Innenminister Karl-Heinz Gasser soll informiert gewesen sein: Die Informationen erhielt er vom ehemaligen Verfassungsschutzchef Thomas Sippel.

Das Gutachten rückt den Thüringer Verfassungsschutz zudem in den Verdacht, Trinkaus mit polizeilichen Ermittlungsunterlagen versorgt zu haben: Im Juni 2007 hatten Linksautonome einen Neonazi-Treff in Erfurt überfallen. Die interne Polizeiliste mit den Namen und Adressen der Verdächtigen tauchte im Oktober 2007 auf der Internetseite der Thüringer NPD auf.

Laut Engel deuten “gewisse Indizien” darauf hin, dass Trinkaus die Liste aus dem Thüringer Verfassungsschutz bekommen hat. Engel hatte die Originalliste der Polizei mit der damaligen Internetveröffentlichung verglichen. Dabei stellte er fest, dass auf der NPD-Homepage drei Namen fehlten. Laut Gutachten waren diese drei Personen in einer geheimen Datenbank des Verfassungsschutzes als Rechtsextremisten eingestuft. Die Einstufung sei nur dem Geheimdienst bekannt gewesen. Weil exakt diese drei Namen auf der NPD-Internetseite fehlten, kommt Engel zu dem Schluss, das Trinkaus “diese Information nur aus dem TLfV haben” konnte.

Trinkaus hatte bei seiner Enttarnung im Dezember 2012 MDR Thüringen gesagt, dass er die Liste von seinem V-Mann-Führer abgeschrieben habe. Der Verfassungsschutz bestreitet entschieden, die Namen an Trinkaus gegeben zu haben. Die Staatsanwaltschaft Erfurt hatte erfolglos versucht zu klären, wie die Liste auf die NPD-Internetseite gekommen war.

27. August 2013, 19:08 Uhr
Von Maik Baumgärtner und Julia Jüttner

Find this story at 27 August 2013

© SPIEGEL ONLINE 2013

Überraschung im NSU-Prozess: Wenn Beate Zschäpe, Uwe Mundlos und Uwe Böhnhardt mit Weggefährten über den Einsatz von Gewalt diskutierten, war ein V-Mann des Thüringer Verfassungsschutzes dabei. Das Bundeskriminalamt geht davon aus, dass Tino Brandt zu denen gehörte, die Gewalt befürworteten.
Aus dem Gericht von Annette Ramelsberger

Möglicherweise hat ein V-Mann des Verfassungsschutzes die Mitglieder des NSU überhaupt erst in die Gewalt getrieben. Wie nun überraschend im NSU-Prozess vor dem Oberlandesgericht in München bekannt wurde, hat Tino Brandt, der langjährige V-Mann des Thüringer Landesamtes für Verfassungsschutz in der rechten Szene, mitdiskutiert, wenn Beate Zschäpe, Uwe Mundlos und Uwe Böhnhardt mit ihren Weggefährten in den neunziger Jahren darüber redeten, ob man Gewalt anwenden müsse oder nicht. Das Bundeskriminalamt geht davon aus, dass Brandt zu denen gehörte, die Gewalt befürworteten.

Bisher war nur bekannt gewesen, dass es solche Diskussionen zwischen Zschäpe, Mundlos und Böhnhardt auf der einen und dem früheren NPD-Funktionär Ralf Wohlleben und dem wegen Beihilfe angeklagten Holger G. auf der anderen Seite gab. Dass Brandt bei diesen Debatten dabei war, davon war bisher nie die Rede gewesen. Ein BKA-Beamter sagte nun vor Gericht: “Wir sind davon ausgegangen, dass Tino Brandt auf der Seite der Gewalt war.”

Holger G. habe immer nur betont, wer nicht für Gewalt gewesen sei – nämlich er selbst und der Mitangeklagte Wohlleben. Die anderen seien für Gewalt gewesen. Im Umkehrschluss ging das BKA davon aus, dass Brandt auch zu denen gehörte, die Gewalt befürworteten.

Herausgearbeitet hat diesen Zusammenhang die Anwältin von Ralf Wohlleben. Der Verteidigung ist daran gelegen, den Einfluss des Staates auf die Szene deutlich zu machen. Brandt gilt dabei als Dreh- und Angelpunkt. Er hat quasi im Auftrag des Staates den Thüringer Heimatschutz, ein rechtsradikales Sammelbecken, gegründet – und sich damit gebrüstet, seinen Spitzellohn für den Aufbau rechter Netzwerke verwendet zu haben.

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Wenn er nun auch noch zur Radikalisierung der mutmaßlichen NSU-Mitglieder beigetragen hat, könnte sich das auf die Bewertung der Schuld der Angeklagten und auf das Strafmaß auswirken.

Bundesanwalt Herbert Diemer bestätigte am Abend am Rande des Prozesses, dass es eine Stelle in den Vernehmungen von Holger G. gibt, wo der Angeklagte darauf hinweist, dass der später als V-Mann enttarnte Brandt bei den Theoriedebatten des rechten Zirkels über Gewalt dabei war. Allerdings wertete die Bundesanwaltschaft diesen Hinweis nicht als Beitrag des V-Manns zur Radikalisierung der Gruppe. “Nach unseren bisherigen Ermittlungen gib es keine Anhaltspunkte, dass Brandt die drei radikalisiert oder unterstützt hat. Wäre es so, dann säße er hier auf der Anklagebank”, sagte Bundesanwalt Diemer.

Annette Ramelsberger
18. Juli 2013 17:17

Find this Story at 18 July 2013
© 2013 Süddeutsche.de

Eine mit der Mordwaffe baugleiche Pistole wird im Polizeipräsidium in Dortmund vor eine Bilderwand mit den Porträts von Opfern einer deutschlandweiten Mordserie, der so genannten Döner- Morde

Der Schlüssel zu einer der unheimlichsten Mordserien Deutschlands ist eine tschechische Pistole, Marke Ceska, Typ 83, Kaliber 7,65 Millimeter. Mit dieser Waffe wurden von 2000 bis 2006 neun Männer umgebracht. Der Münchner Gemüsehändler Habil K. zum Beispiel. Oder die beiden Nürnberger Opfer: Enver S., ein Blumenhändler, und Ismayl Y., Inhaber einer Dönerbude. Zuletzt wurde im April 2006 der 21-jährige Betreiber eines Internetcafés in Kassel erschossen. Acht der Opfer waren Türken, eines ein Grieche, sie alle wurden in ihren kleinen Läden erschossen, mitten ins Gesicht, am helllichten Tag.

Warum sie sterben mussten, ist ungeklärt. Möglicherweise sind kriminelle Geschäfte der Hintergrund. Die Soko „Bosporus“, die ihren Sitz in Nürnberg hatte, ist inzwischen aufgelöst – endgültig zu den Akten sind die Fälle aber noch nicht gelegt. Jetzt waren die Ermittler offenbar ganz nah dran, die sogenannten Döner-Morde aufzuklären – doch laut einem „Spiegel“-Bericht hat die Staatsanwaltschaft einen wichtigen Informanten verprellt.

Wie das Magazin in seiner aktuellen Ausgabe berichtet, hatte ein Mann Ende 20 den Ermittlern angeboten, die mögliche Mordwaffe zu liefern. Der Informant namens Mehmet stamme aus dem Milieu mafiöser türkischer Nationalisten und arbeite seit längerem mit dem Verfassungsschutz zusammen – auch, um aus der Organisation auszusteigen. Mehmet, so schreibt der „Spiegel“, wollte die Ermittler zu einer Schweizer Villa nahe des Bodensees führen, „hinter deren Mauern sich angeblich der Schlüssel zur Lösung“ verberge. Tatsächlich gehen die Ermittler davon aus, dass die Tatwaffe in den Döner-Morden zu einer Lieferung von 24 Pistolen desselben Typs gehörte, die 1993 von dem tschechischen Hersteller an einen Schweizer Waffenimporteur verschickt wurde. Die meisten Pistolen aus dieser Lieferung konnten die Beamten aufspüren und als Tatwaffe ausschließen. Bis Frühjahr dieses Jahres waren acht Waffen noch nicht auffindbar.

Der Informant hatte also eine heiße Spur geliefert – und stellte dafür auch seine Bedingungen. Mehmet soll laut „Spiegel“ 40 000 Euro und die Umwandlung seiner drohenden zweijährigen Gefängnisstrafe in eine Bewährungsstrafe gefordert haben – der vorbestrafte Mann war mit einem gefälschten Führerschein Auto gefahren. Mit der Belohnung seien die Ermittler einverstanden gewesen, die andere Forderung schlugen sie aus. Man könne höchstens Mehmets Mitarbeit dem Richter gegenüber loben. Die Ermittler wollten den Mann laut Bericht dazu überreden, die Waffe selbst zu holen, über die Grenze nach Deutschland zu bringen und sie an einem Rastplatz zu deponieren. Sollte er dabei bei zufälligen Kontrollen erwischt werden, wolle man „nur zum Schein“ gegen ihn ermitteln, heißt es in dem Bericht. Die Staatsanwaltschaft Nürnberg bestätigte dem „Spiegel“, dass es Verhandlungen mit dem V-Mann gegeben hatte, erklärte jedoch, eine Einflussnahme auf Gerichte komme nicht in Frage.

Dem Informant wurde der Fall offenbar zu heiß. Er beendete die Zusammenarbeit mit der Polizei. Und die Aufklärung der rätselhaften Döner-Morde rückt möglicherweise wieder in die Ferne.

Carina Lechner
Nürnberg – 21.08.11 Bayern

Find this story at 21 August 2013

© www.merkur-online.de

News about Libya — the Benghazi Attacks, including commentary and archival articles published in The New York Times.

Seif al-Islam el-Qaddafi, son of the late Libyan dictator Muammar el-Qaddafi, and his spy chief Abdullah al-Senoussi are among those charged with murder in relation to country’s 2011 civil war.MORE »
Aug. 21, 2013

Four midlevel State Department officials placed on administrative leave after deadly 2012 attack on United States mission in Benghazi, Libya, have been reinstated by Sec of State John Kerry and given new assignments; Republican Rep Darrell Issa of California accuses State Department of shirking accountability.MORE »
Aug. 7, 2013

Federal law enforcement authorities have filed murder charges against Ahmed Abu Khattala, prominent militia leader in Benghazi, Libya, in connection with Sept 11, 2012, attacks on diplomatic mission there that killed Ambassador J Christopher Stevens and three other Americans; apprehending suspects is likely to prove both diplomatically and practically difficult.MORE »
Jul. 28, 2013

More than 1,000 prisoners escape from Libyan prison amid protests over wave of political assassinations and attacks on political offices across country.MORE »
Jul. 11, 2013

Libyan government takes back control of its Interior Ministry from an armed group that had besieged building for a week.MORE »
Jun. 28, 2013

Libyan Defense Min Mohammed al-Bargathi will be removed from his post after clashes between rival armed militias in Tripoli leave 10 people dead and more than 100 wounded.MORE »
Jun. 22, 2013

Weapons formerly in Col Muammar el-Qaddafi’s stockpile are making their way to antigovernment forces in Syria, financed largely by Qatar, which has strong ties with Libyan rebel groups; Libya’s former fighters sympathize with Syria’s rebels.MORE »
Jun. 16, 2013

Six Libyan soldiers are killed in Benghazi in overnight attacks believed to be retaliation for expulsion from city of powerful militia Libya Shield.MORE »
Jun. 15, 2013

Libya’s first independent television channel Libya Al-Hurra says that hand grenade was hurled at its building in Benghazi, injuring one employee.MORE »
Jun. 12, 2013

Salem al-Gnaidy, Libya’s new army chief of staff, calls for militias to put themselves under command of the Libyan Army after clashes in which 31 people were killed.MORE »
Jun. 11, 2013

Op-Ed article by Frederic Wehrey, former United States military attache in Libya, criticizes plan by Libyan Prime Min Ali Zeidan to establish general-purpose military force, consisting entirely of ‘nonmilitia’ recruits; argues plan is highly risky and could throw country deeper into strife.MORE »
Jun. 10, 2013

Massacre of 30 civilian protesters by powerful Libyan militia threatens to provoke backlash that could finally cow country’s freewheeling brigades into submitting to central government; militia leaders argue that weak transitional government still badly needs their superior firepower, but violence against civilians is beginning to erode their political power.MORE »
Jun. 9, 2013

At least dozen people are killed and many more wounded in Benghazi, Libya, when powerful militia known as Libya Shield fires on protesters surrounding group’s headquarters.MORE »
Jun. 5, 2013

NATO is sending team of experts to Libya to assess how alliance can provide security assistance, notably military training, to help nation combat Islamist militants claiming allegiance to Al Qaeda and other threats.MORE »
Jun. 1, 2013

International Criminal Court orders Libya to hand over Seif al-Islam el-Qaddafi, son of Col Muammar el-Qaddafi.MORE »
May. 30, 2013

Susan E Rice and Victoria Nuland, two high-ranking diplomats, are facing different fates amid political tempest over deadly attacks on American diplomatic compound in Benghazi, Libya; internal roles of both were put on display in emails released by administration, but Nuland has escaped kind of harsh criticism leveled against Rice.MORE »
May. 29, 2013

Mohammed al-Megarif, speaker of Libyan Parliament who served under Col Muammar el-Qaddafi before becoming opposition leader in exile, resigns just weeks after lawmakers passed bill banning former Qaddafi officials from senior posts.MORE »
May. 23, 2013

Editorial holds Central Intelligence Agency’s role in attack on United States consulate in Benghazi, Libya, and its aftermath needs to be examined to understand what happened and how to better protect Americans.MORE »
May. 18, 2013

Rep Darrell Issa, chairman of House Oversight and Government Reform Committee, issues subpoena to Thomas R Pickering, chairman of independent panel that investigated attacks on American diplomatic mission in Benghazi, Libya.MORE »
May. 18, 2013

White House press secretary Jay Carney, first full-time reporter to make jump to White House in a generation, fully embraces his role as spokesman in dealing with number of controversies, like attack on American mission in Benghazi, Libya, and Internal Revenue Service targeting conservative groups.MORE »
May. 14, 2013

Visit to Libya by Rep Jason Chaffetz, Republican of Utah, shortly after 2012 attack on American diplomatic compound in Benghazi, is believed to have prompted concerns in State Department that Republicans were looking to use attack as political club against Pres Obama and Secretary of State Hillary Clinton.MORE »
May. 14, 2013

Editorial holds that Republican obsession with Obama administration’s inept initial talking points in wake of attack in Benghazi, Libya, is ultimately an act of political vengeance; argues that focus on talking points and baseless allegations of administration coverup are distractions from serious issues surrounding attack that need to be addressed.MORE »
May. 14, 2013

David Brooks Op-Ed column defends record of State Department spokeswoman Victoria Nuland, arguing that she is being made into scapegoat by Republicans critical of Obama administration’s handling of Benghazi and intelligence officials who want to shift blame for Benghazi onto State Department.MORE »
May. 14, 2013

Op-Ed article by Ethan Chorin, former Foreign Service officer in Libya, argues that diplomatic security lapses that led to fatal 2012 attack on embassy in Benghazi are negligible when compared to flawed reasoning behind American military intervention there; holds that United States underestimated regional importance of Libya, and that lack of plan for reconstruction and reconciliation has fostered an environment in which terrorists can thrive.MORE »
May. 14, 2013

Car explodes on a busy street in Benghazi, Libya, killing at least four people; attack stirs new anger at failure of country’s transitional government to fill security vacuum left by ouster of Col Muammar el-Qaddafi.MORE »
May. 14, 2013

Pres Obama, facing re-energized Republican adversaries and new questions about administration’s conduct, dismisses furor over handling of 2012 attacks in Benghazi, Libya; does, however, join bipartisan chorus of outrage over disclosures that Internal Revenue Service had singled out conservative groups for special scrutiny.MORE »
May. 13, 2013

Thomas R Pickering, who led State Department board’s inquiry into the attack on United States diplomatic compound in Benghazi, Libya, says there had been no need to interview then Secretary of State Hillary Rodham Clinton, because it had already decided responsibility lay below her level.MORE »
May. 12, 2013

Maureen Dowd Op-Ed column examines controversy surrounding attack on consulate in Benghazi, Libya, and way in which competing fiefs, from Republicans to Hillary Clinton’s and Barack Obama’s supporters, are protecting mythologies they have created.MORE »
May. 11, 2013

Disclosure of e-mails show White House was more deeply involved in revising talking points about attack in Benghazi, Libya, than officials have previously acknowledged; e-mails, which administration turned over to Congress, show White House coordinating an intensive process with the State Department, CIA, FBI and other agencies to obtain final version of the talking points, used by Susan E Rice, ambassador to the United Nations, in television appearances after the attack.MORE »
May. 11, 2013

Bombs explode outside two police stations in Libya’s eastern city Benghazi, prompting Britain to temporarily cut staff at its embassy in Tripoli.MORE »
May. 10, 2013

House Republicans intensify their criticism of Obama administration for its handling of the assault on the diplomatic compound in Benghazi, with Speaker John A Boehner calling for release of an e-mail that he says shows State Dept officials believed from the start that ‘Islamic terrorists’ were linked to attack but have declined to say so publicly.MORE »
May. 10, 2013

Editorial criticizes Republicans in Congress for their relentless effort to discredit Pres Obama and former Secretary of State Hillary Clinton with hearings on attack on American consulate in Benghazi, Libya; contends that hearings have not proved an administration cover-up or other hysterical allegations, and asserts that real scandal is that serious follow-up on security in Libya is going unaddressed.MORE »
May. 9, 2013

Veteran diplomat Gregory Hicks, testifying before Congress, gives riveting minute-by-minute account of lethal terrorist attack on diplomatic compound in Benghazi, Libya, then describes its contentious aftermath; says that after raising questions about the account of what happened, he felt distinct chill from State Department superiors.MORE »
May. 8, 2013

Congressional Republicans are anticipating official testimony of State Department official Gregory Hicks as damning indictment of White House response to attacks on American diplomatic compound in Benghazi, Libya.MORE »
May. 6, 2013

Libya’s transitional General National Congress, bowing to pressure from armed Islamists and other militiamen, passes law to exclude former officials of Qaddafi era from public office; text is so broadly written that it could force out many top officials but will certainly exclude from power Mahmoud Jibril, politician who leads main coalition in congress opposed to Islamists.MORE »
May. 2, 2013

FBI releases photos of three men wanted for questioning in connection with attacks on United States diplomatic mission and CIA outpost in Benghazi, Libya.MORE »
Apr. 29, 2013

Gunmen surround Libya’s Foreign Ministry in Tripoli, calling for a law banning officials who worked for deposed dictator Col Muammar el-Qaddafi from senior positions in the new administration.MORE »
Apr. 24, 2013

Car bomb destroys about half of French Embassy in Libya, in most significant attack against Western interest in the country since September killing of American ambassador J Christopher Stevens; attack is new blow to transitional government’s hope of improving sense of public security after ouster of Col Muammar el-Qaddafi in 2011.MORE »
Apr. 4, 2013

Egyptian court rules against extradition to Libya of Ahmed Qaddaf al-Dam, former close aide of ousted dictator Col Muammar el-Qaddafi.MORE »
Mar. 30, 2013

Libyan security officials say they have arrested two men in kidnapping of five British aid workers.MORE »
Mar. 25, 2013

Libya’s transitional government is completing agreement with Egypt to deposit $2 billion in the Egyptian central bank; timing of what amounts to loan comes after at least Qaddafi loyalists in Cairo are rounded up for possible extradition.MORE »
Mar. 14, 2013

Pres Obama names career diplomat Deborah K Jones as new envoy to Libya, filling job that has been vacant since death of Ambassador J Christopher Stevens during attack on diplomatic compound in Benghazi; meets with Libya’s Prime Min Ali Zeidan, emphasizing need for his country’s help in finding attackers who carried out assault.MORE »
Feb. 8, 2013

Judges at International Criminal Court order Libyan government to immediately hand over Col Muammar el-Qaddafi’s former intelligence chief Abdullah al-Senussi, who has been charged with crimes against humanity; order rejects Libya’s request for more time to argue case for trying Senussi in Libya.MORE »
Feb. 1, 2013

British Prime Min David Cameron returns from trips to Algiers and Tripoli, Libya, with promises of further partnerships in fields of defense, counterterrorism and intelligence-sharing, but some worry that he is overextending Britain’s foreign

Aug. 28, 2013

Find this story at 28 August 2013

© 2013 The New York Times Company

Documents show State Department knew of security problems in Benghazi but failed to fix them.

Creation of an Undersecretary for Diplomatic Security

Exemptions of Security Requirements for Benghazi

Source Document Complete Report of the Benghazi Panel

State Department Memo Recommends Reforms

The US Department of State has known for decades that inadequate security at embassies and consulates worldwide could lead to tragedy, but senior officials ignored the warnings and left some of America’s most dangerous diplomatic posts vulnerable to attack, according to an internal government report obtained exclusively by Al Jazeera’s Investigative Unit.

The report by an independent panel of five security and intelligence experts describes how the September 11, 2012, attack on the US Special Mission in Benghazi, Libya, which left Ambassador J Christopher Stevens and three other Americans dead, exploited the State Department’s failure to address serious security concerns at diplomatic facilities in high-risk areas.

Among the most damning assessments, the panel concluded that the State Department’s failure to identify worsening conditions in Libya and exemptions from security regulations at the US Special Mission contributed to the tragedy in Benghazi. Undersecretary for Management Patrick Kennedy approved using Benghazi as a temporary post despite its significant vulnerabilities, according to an internal State Department document included with the report.

The panel cataloged a series of failures by State Department officials to address security issues and concluded that many Foreign Service officers are unclear about who is in charge of security.

Among the problems Sullivan’s panel identified in the report:
The State Department’s management of its security structure has led to blurred authority and a serious lack of accountability. The undersecretary for management oversees security issues while also handling many other responsibilities. A newly created undersecretary for diplomatic security would allow the State Department to better focus on security issues affecting diplomatic posts around the world, according to the report. Left unaddressed, the control problem “could contribute to future security management failures, such as those that occurred in Benghazi.”
The Bureau of Diplomatic Security, the State Department security arm created following the 1983 bombings of the US Embassy and Marine barracks in Beirut, does not have a review process in place to learn from previous security failures. Inexplicably, Diplomatic Security officials never conducted what is known as a “hot wash” debriefing of Benghazi survivors to learn from their experience.
No risk management model exists to determine whether high-threat posts, such as the one in Benghazi, are necessary given the danger to US officials. Risk decisions are made based on “experience and intuition,” not established professional guidelines.
None of the five high-risk diplomatic facilities the panel visited in the Middle East and Africa had an intelligence analyst on staff, described as a “critical” need.
Diplomatic security training is inadequate, with no designated facility available to train agents to work at high-risk diplomatic posts.
Even low-risk diplomatic posts are vulnerable. The Obama administration, concerned about potential attacks, ordered the closure of diplomatic posts in the Middle East and North Africa in August 2013. Of the 19 posts closed, only four were designated as high threat.

Sullivan’s panel noted that its findings and recommendations are not new to State Department officials. A 1999 report by government contractor Booz Allen Hamilton recommended similar reforms, including an undersecretary for security. Madeleine Albright, then the secretary of state, approved the recommendation – but it was never implemented. “This report,” the panel wrote, “was largely ignored by the Department.”

Even when the State Department has enacted security reforms, agency officials have failed to comply with them or otherwise have exempted themselves from the new standards, Sullivan’s panel determined.

Following the 1983 Beirut bombings, for example, the State Department implemented building safety standards for missions in high-risk areas, which became known as Inman standards, developed by a review panel headed by Bobby R Inman, the former director of the National Security Agency.

“Thirty years later, neither the US Embassy chancery in Beirut nor a significant number of other US diplomatic facilities in areas designated as ‘high threat’ meet Inman standards,” Sullivan’s panel wrote.

Security problems at diplomatic posts aren’t isolated, the panel said, pointing out that safety concerns can be found at US facilities worldwide. For decades, the State Department has failed to address these vulnerabilities, the panel said, suggesting that Benghazi was a tragedy that might have been avoided.

Security standards exempted

At best, security at the US Special Mission in Benghazi was porous. The mission took lease of a 13-acre walled compound on June 21, 2011, two months before the ouster of Libyan leader Muammar Gaddafi and after the shuttering of the US Embassy in Tripoli due to increased fighting in the capital.
Explosions target Benghazi judicial buildings

Although the State Department reopened the embassy on Sept. 22, 2011, the Special Mission in Benghazi remained open despite serious security concerns. In December 2011, Undersecretary for Management Kennedy approved a one-year extension of the Benghazi post.

A career diplomat, Kennedy was aware of the security problems in Benghazi. The number of Diplomatic Security officers there ranged from five to as few as one, and security was augmented by the February 17 Brigade, a ragtag group of Libyan militants who at the time of the 2012 attack were working under an expired contract and complaining about poor pay and long hours. In addition, the US Special Mission did not have adequate barriers to slow a ground assault.

“Benghazi has demonstrated yet again the vulnerability of US facilities in countries where there is a willingness to protect US interests, but very little capacity to do so,” the panel wrote.

The Benghazi post’s failure to meet security standards did not prevent its operation. State Department officials effectively waived the security requirements. For years, the State Department has fostered a culture of waiving such requirements when officials choose not to meet them.

“Waivers for not meeting security standards have become commonplace in the Department; however, without a risk management process to identify and implement alternate mitigating measures after a waiver has been given, Department employees, particularly those in high threat areas, could be exposed to an unacceptable level of risk,” Sullivan’s panel wrote.

The panel added: “It is unlikely that temporary facilities, in areas such as Benghazi, will ever meet Inman standards. The Department therefore identifies missions with special terminology to avoid its own high, but unattainable, standards and then approves waivers to circumvent those standards, thus exposing those serving under Chief of Mission authority to an unacceptable level of risk.”

No ‘ground truth’

In the six months leading up to the attack in Benghazi, the warning signs were ominous: security in the city had deteriorated and threats against Western officials were increasing.
Inside Story – The battle for security in Libya

From March through August 2012, 20 significant acts of violence occurred, including a homemade explosive device thrown over the wall of the US Special Mission and an attack on the Benghazi International Committee of the Red Cross with rocket-propelled grenades.

On the morning of Sept. 11, 2012, diplomatic security officers issued a report that described Libyan security forces as “too weak to keep the country secure.”

Yet no one at the State Department connected the intelligence dots to offer concerns about worsening security in Benghazi. According to Sullivan’s panel, this oversight occurred because the Benghazi facility did not have an intelligence analyst on site to determine the “ground truth.”

Benghazi wasn’t unique in this. Sullivan’s panel visited high-risk embassies in Nairobi, Kenya; Juba, South Sudan; Cairo; Beirut; and Sanaa, Yemen. None had an intelligence analyst on staff.

By contrast, the British Foreign and Commonwealth Office and the United Nations employ experienced intelligence analysts in country to identify security concerns from the ground.

Training problems

While documenting security problems, Sullivan’s panel said that the Bureau of Diplomatic Security, known as DS, is viewed as the “gold standard” among federal law enforcement and security officials.

The State Department’s security arm protects 35,000 US employees worldwide, as well as 70,000 employee family members and up to 45,000 local civilian staff members.

Sullivan’s panel viewed additional training of security agents as “critical” to addressing the problems identified in the report. But today the Bureau of Diplomatic Security is having difficulty handling its training load.

The reason: the State Department, unlike other agencies, does not have a designated training facility for security agents. The department is now trying to identify a site near Washington, D.C., on which to build a Foreign Affairs Security Training Center.

Until a center is built, the State Department must continue “begging hat-in-hand for use of others’ facilities,” the report stated.

“The establishment of such an integrated, state-of-the-art facility is a best practice adopted long ago by the Federal Bureau of Investigation, United States Secret Service, and the Drug Enforcement Administration,” the panel wrote.

Repeated security failures

For the State Department, Benghazi became the latest in a long string of security failures. From 1998 to 2012, 273 significant attacks against US diplomatic facilities and personnel occurred.

In 1998, concerned about increasing threats to the embassy in Kenya, Ambassador Prudence Bushnell and the US Department of Defence asked to be moved to a safer building. State Department officials denied the request, citing budgetary concerns.

On August 7, 1998, simultaneous truck bombs exploded at the United States embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya, killing more than 250 people, including 12 Americans.

A State Department review after the attacks found that at least two-thirds of the 262 US diplomatic facilities were so vulnerable to attack that they needed to be rebuilt or relocated.

Ten years after the East Africa bombings, on September 16, 2008, in a diplomatic cable obtained by WikiLeaks, the regional security officer in Sanaa, Yemen, informed his counterparts in Washington about a threat that British officials had intercepted and forwarded.

The threat, written in Arabic, discussed a car bomb targeting American and British interests in Yemen.

The next day, at about 9:15 am, a vehicle with men dressed in military uniforms shot through the gate of the US Embassy in Sanaa and detonated a car bomb. A second car breached the security gates and also exploded.

An al-Qaeda-affiliated group claimed responsibility for the attack, which killed 18 people, including one American.

Four years later, Benghazi happened.

Members of Al Jazeera’s Investigative Unit contributed to this report.

Trevor Aaronson Last Modified: 04 Sep 2013 16:40

Find this story at 4 September 2013

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When U.S. ambassador J. Christopher Stevens was killed in a flash of hatred in Benghazi, Libya, on September 11, 2012, the political finger-pointing began. But few knew exactly what had happened that night. With the ticktock narrative of the desperate fight to save Stevens, Fred Burton and Samuel M. Katz provide answers.
By Fred Burton and Samuel M. Katz

THE INFERNO The U.S. Special Mission in Benghazi, Libya, in flames, on September 11, 2012. The attackers seemed to have detailed knowledge of the mission’s layout and even to know there were jerry cans full of gasoline near the compound’s western wall, which they would use to fuel the fire.

Adapted from Under Fire: The Untold Story of the Attack in Benghazi, by Fred Burton and Samuel M. Katz, to be published in September by St. Martin’s Press; © 2013 by the authors.

After the fall of Colonel Qaddafi, in 2011, Libya had become an al-Qaeda-inspired, if not al-Qaeda-led, training base and battleground. In the northeastern city of Benghazi, Libya’s second-largest city, men in blazers and dark glasses wandered about the narrow streets of the Medina, the old quarter, with briefcases full of cash and Browning Hi-Power 9-mm. semi-automatics—the classic killing tool of the European spy. Rent-a-guns, militiamen with AK-47s and no qualms about killing, stood outside the cafés and restaurants where men with cash and those with missiles exchanged business terms.

It was a le Carré urban landscape where loyalties changed sides with every sunset; there were murders, betrayals, and triple-crossing profits to be made in the post-revolution. The police were only as honest as their next bribe. Most governments were eager to abandon the danger and intrigue of Benghazi. By September 2012 much of the international community had pulled chocks and left. Following the kidnapping in Benghazi of seven members of its Red Crescent relief agency, even Iran, one of the leading state sponsors of global terror, had escaped the city.

But Libya was a target-rich environment for American political, economic, and military interests, and the United States was determined to retain its diplomatic and intelligence presence in the country—including an embassy in Tripoli and a mission in Benghazi, which was a linchpin of American concerns and opportunities in the summer of the Arab Spring. Tunisia had been swept by revolution, and so had Egypt. “The United States was typically optimistic in its hope for Libya,” an insider with boots on the ground commented, smiling. “The hope was that all would work out even though the reality of an Islamic force in the strong revolutionary winds hinted otherwise.”

The United States no longer had the resources or the national will to commit massive military manpower to its outposts in remnants of what was once defined as the New World Order. This wasn’t a political question, but a statement of reality. The fight against terrorism and Islamic fundamentalism was a brand of warfare that would not be fought with brigades and Bradley armored fighting vehicles. The footprint of the United States in this unsettled country and its ever important but dangerous second city would have to be small and agile.

In 1984, Secretary of State George P. Shultz ordered the convening of an Advisory Panel on Overseas Security to respond to critical threats to American diplomats and diplomatic facilities encountered around the world. The panel was chaired by retired admiral Bobby Ray Inman, a former deputy director of the Central Intelligence Agency. One of the primary findings of what would become known as the Inman Report was the need for an expanded security force to protect American diplomatic posts overseas, and on August 27, 1986, a new State Department security force and law-enforcement agency, the Diplomatic Security Service, an arm of the Bureau of Diplomatic Security (DS), was formed. Another important result from the report was a focus on physical-security enhancements for embassies and consulates. These force-protection specifications, unique in the world of diplomatic security, included blast-proofing innovations in architecture to mitigate the devastating yield of an explosion or other methods of attack, including rocket and grenade fire. These new embassies, known as Inman buildings, incorporated anti-ram walls and fences, gates, vehicle barriers, ballistic window film, and coordinated local guard forces to create impregnable fortresses that could withstand massive explosions and coordinated attempts to breach an embassy’s defenses.

For over a decade following the 9/11 attacks, DS managed to contain the fundamentalist fervor intent on inflicting catastrophic damage on America’s diplomatic interests around the world—especially in the Middle East. But the wave of civilian unrest that swept through the Arab world in the Arab Spring took the region—and the United States—by surprise. Governments that had been traditional allies of the United States and that had sent police officers to anti-terrorism-assistance training were overthrown in instantaneous and unexpected popular revolutions. Traditionally reliable pro-American regimes were replaced with new governments—some Islamic-centered.

In Libya, Qaddafi’s intelligence services had prevented al-Qaeda operatives from establishing nodes inside the country, as well as providing information on known cells and operatives plotting attacks in North Africa. With the dictator’s death, the years of secret-police rule came to an end.

J. Christopher Stevens was the foreign-service officer who made sure that American diplomacy in Libya flourished. Chris, as he was called, was a true Arabist; he was known to sign his name on personal e-mails as “Krees” to mimic the way Arabs pronounced his name. Born in Grass Valley, California, in 1960, Chris had developed a passionate love for the Arab world while working for the Peace Corps in Morocco in the mid-1980s. Virtually all of his posts were in the Middle East and in locations that can be best described as dicey. It would be North Africa, however, where Chris Stevens would excel as a diplomat and as a reliable face of American reach. When the United States re-emerged as a political player in Libya, he jumped at the opportunity to work in this new arena for American diplomacy.

Stevens was a greatly admired diplomat, respected by men and women on both sides of the political divide. Personable and self-effacing, he was described, in absolutely complimentary terms, as a “relic,” a practitioner of diplomacy from days past. He achieved agreements and cooperation through interpersonal relationships; he was known to have achieved more over cups of rocket-fuel coffee in a market gathering spot than could ever have been achieved in reams of paperwork or gigabytes’ worth of e-mails.

In April 2011, Chris had been dispatched to Benghazi as a special envoy by then secretary of state Hillary Rodham Clinton. On this, his second tour to the country, he would be America’s man on the ground in the Arab Spring conflict to oust Qaddafi. Establishing a rapport with the many militias that were battling Qaddafi loyalists required a deft hand and a talent for breaking bread with men in camouflage fatigues who talked about long-standing relationships while walkie-talkies stood on the table next to their plates of hummus and AK-47s were nestled by their feet.

When the civil war was over and Qaddafi’s humiliating end completed, Chris was an obvious choice to become ambassador, President Barack Obama’s personal representative to the new Libya. Stevens was based in the U.S. Embassy in Tripoli, which had recently been reopened as the country emerged from the chaos, fury, and joyous hope of the Arab Spring.

But Tripoli wasn’t the sole U.S. diplomatic outpost in Libya. The U.S. Special Mission in Benghazi, an ad hoc consulate not meeting all of the Inman security requirements, had been hastily set up amid the fluid realities of the Libyan civil war. “Expeditionary Diplomacy” dictated that DS do the best it could without the protections afforded official consulates.

On the 11th anniversary of the 9/11 terrorist attacks, five DS agents found themselves together in Benghazi protecting the Special Mission Compound and Ambassador Chris Stevens, who planned to be in the city for a week. They were known, as coined so aptly in the field office, as “hump agents.” Inexperienced yet willing to do what they were told and to work the worst shifts, they were the nuts and bolts of the protection backbone. The five men in Benghazi were a mixed bag of over-achievers: former street cops, U.S. Marines, a U.S. Army Iraq-war veteran, and academics. All had under 10 years on the job; some had less than 5.

They will be identified as R., the temporary-duty regional security officer (RSO) who was the senior man among the group; he was on a long-term posting in Libya, borrowed from the RSO’s office in Tripoli. A. and B. were junior agents assigned temporary duty in Benghazi. C. and D. were young agents who constituted Ambassador Stevens’s ad hoc protective detail, and who had flown with him from Tripoli.

In the post-9/11 world, DS men and women on the job no longer learned by being hump agents in a field office and flying from one city to another inside the United States to help out protecting the Dalai Lama on a Monday and a NATO foreign minister taking his family to Disneyland on a Friday. The new DS sent its newest agents into the eye of the storm, in Afghanistan and Kurdistan, where they could learn under fire. Like those locales, Benghazi was an assignment where there were no wrong and right decisions—only issues of reaction and survival. It was an assignment that would require each man to utilize the resourcefulness and think-on-your-feet instincts that DS was so good in fostering in its young agents.

Although trained for every worst-case scenario imaginable, no agent ever expects it to happen, but each knows that when things start to go bad they go bad very quickly. In truth, time stands still for those engaged in the fight, and how quickly things go south is known only to those who have been there and done that. Who lives and dies depends a great deal on training, teamwork, and fate.
2102 Hours: Benghazi, Libya

T
he Libyan security guard at the compound’s main gate, Charlie-1, sat inside his booth happily earning his 40 Libyan dinars ($32 U.S.) for the shift. It wasn’t great money, clearly not as much as could be made in the gun markets catering to the Egyptians and Malians hoping to start a revolution with coins in their pockets, but it was a salary and it was a good job in a city where unemployment was plague-like. The guards working for the Special Mission Compound tried to stay alert throughout the night, but it was easier said than done. To stay awake, some chain-smoked the cheap cigarettes from China that made their way to North Africa via Ghana, Benin, and Togo. The nicotine helped, but it was still easy to doze off inside their booths and posts. Sleeping on duty was risky. The DS agents routinely made spot checks on the guard force in the middle of the night. These unarmed Libyan guards were the compound’s first line of defense—the trip wire.

All appeared quiet and safe. The feeling of security was enhanced at 2102 hours when an SSC (Supreme Security Council—a coalition of individual and divergently minded Libyan militias) patrol vehicle arrived. The tan Toyota Hilux pickup, with an extended cargo hold, decorated in the colors and emblem of the SSC, pulled off to the side of the road in front of Charlie-1. The driver shut off the engine. He wasn’t alone—the darkened silhouette of another man was seen to his right. The pickup sported twin Soviet-produced 23-mm. anti-aircraft guns—the twin-barreled cannons were lethal against Mach 2.0 fighter aircraft and devastating beyond belief against buildings, vehicles, and humans. The two men inside didn’t come out to engage in the usual small talk or to bum some cigarettes from the guards or even to rob them. The Libyan guards, after all, were not armed.

Suddenly the SSC militiaman behind the steering wheel fired up his engine and headed west, the vehicle crunching the gravel with the weight of its tires.

Later, following the attack, according to the (unclassified) Accountability Review Board report, an SSC official said that “he ordered the removal of the car ‘to prevent civilian casualties.’ ” This hints that the SSC knew an attack was imminent; that it did not warn the security assets in the Special Mission Compound implies that it and elements of the new Libyan government were complicit in the events that transpired.

It was 2142 hours.

The attack was announced with a rifle-butt knock on the guard-booth glass.

“Iftah el bawwaba, ya sharmout,” the gunman ordered, with his AK-47 pointed straight at the forehead of the Libyan guard at Charlie-1. “Open the gate, you fucker!” The guard, working a thankless job that was clearly not worth losing his life over, acquiesced. Once the gate was unhinged from its locking mechanism, armed men appeared out of nowhere. The silence of the night was shattered by the thumping cadence of shoes and leather sandals and the clanking sound of slung AK-47s and RPG-7s banging against the men’s backs.

Once inside, they raced across the compound to open Bravo-1, the northeastern gate, to enable others to stream in. When Bravo-1 was open, four vehicles screeched in front of the Special Mission Compound and unloaded over a dozen fighters. Some of the vehicles were Mitsubishi Pajeros—fast, rugged, and ever so reliable, even when shot at. They were a warlord’s dream mode of transportation, the favorite of Benghazi’s criminal underworld and militia commanders. The Pajeros that pulled up to the target were completely anonymous—there were no license plates or any other identifying emblems adorning them, and they were nearly invisible in the darkness, especially when the attackers disabled the light in front of Bravo-1.

Other vehicles were Toyota and Nissan pickups, each armed with single- and even quad-barreled 12.7-mm. and 14.5-mm. heavy machine guns. They took up strategic firing positions on the east and west portions of the road to fend off any unwelcome interference.

Each vehicle reportedly flew the black flag of the jihad.

Some of the attackers removed mobile phones from their pockets and ammunition pouches and began to videotape and photograph the choreography of the assault. One of the leaders, motioning his men forward with his AK-47, stopped to chide his fighters. “We have no time for that now,” he ordered, careful not to speak in anything louder than a coarse whisper. “There’ll be time for that later.” (Editor’s note: Dialogue and radio transmissions were re-created by the authors based on their understanding of events.)

Information Management Officer (IMO) Sean Smith was in his room at the residence, interfacing with members of his gaming community, when Charlie-1 was breached. The married father of two children, Smith was the man who had been selected to assist Ambassador Stevens in Benghazi with communications. An always smiling 34-year-old U.S. Air Force veteran and computer buff, he was ideally suited for the sensitive task of communicator. Earlier in the day, Smith had ended a message to the director of his online-gaming guild with the words “Assuming we don’t die tonight. We saw one of our ‘police’ that guard the compound taking pictures.” He was online when the enemy was at the gate, chatting with his guild-mates. Then suddenly he typed “Fuck” and “Gunfire.” The connection ended abruptly.

One of the gunmen had removed his AK-47 assault rifle from his shoulder and raised the weapon into the air to fire a round. Another had tossed a grenade. The Special Mission Compound was officially under attack.

R. sounded the duck-and-cover alarm the moment he realized, by looking at the camera monitors, that the post had been compromised by hostile forces. Just to reinforce the severity of the situation, he yelled “Attack, attack, attack!” into the P.A. system. From his command post, R. had an almost complete view of the compound thanks to a bank of surveillance cameras discreetly placed throughout, and the panorama these painted for him is what in the business they call an “oh shit” moment. He could see men swarming inside the main gate, and he noticed the Libyan guards and some of the February 17 Martyrs Brigade (a local Benghazi militia hired to protect the mission) running away as fast as they could. R. immediately alerted the embassy in Tripoli and the Quick Reaction Force (QRF) housed in the Annex, a covert C.I.A. outpost about a mile from the mission. The QRF was supposed to respond to any worst-case scenarios in Benghazi with at least three armed members. R.’s message was short and to the point: “Benghazi under fire, terrorist attack.”
Night of Terror

A
. was the agent on duty that night who, according to the Special Mission Compound’s emergency protocols, would be responsible for safeguarding Stevens and Smith in case of an attack. A. rushed into the residence to relieve, or “push,” D., who ran back to the barracks to retrieve his tactical kit, through the access point in the alleyway connecting the two compounds. D. was wearing a white T-shirt and his underwear when the alarm sounded. The terrorists had achieved absolute surprise.

The DS agents ran like sprinters toward their stowed weapons and equipment. Their hearts rushed up their chests, to the back of their throats; their mouths dried up in the surge of adrenaline. The agents attempted to draw on their training and keep their minds focused and fluid as they hoped to avoid an encounter when outnumbered and outgunned. The sounds of guttural Arabic voices, which sounded like angry mumbling to the Americans, grew, and the odd vicious shot was fired into the September sky. The bitter smell of cordite, like a stagnant cloud left behind following a Fourth of July fireworks display, hung in the air. Numerous figures, their silhouettes barely discernible in the shadows, chased the agents from behind, chanting unintelligibly and angrily.

The agents got ready to engage, but hoped that they wouldn’t have to yet. It was too early in the furious chaos to make a last stand. Each agent asked himself the basic questions: How many gunmen were inside the perimeter? What weapons did they have?

But one thing was absolutely certain in the minds of each and every one of the agents in those early and crucially decisive moments: that the U.S. ambassador, the personal representative of President Barack Obama, was the ultimate target of the attack. They knew that they had to secure him and get him out of the kill zone.

A. ran up the landing to round up Ambassador Stevens and Smith and to rush them to the safe haven inside the residence. “Follow me, sir,” A. said in a calming though urgent tone. “We are under attack.”

There was no time to get dressed or to grab personal items, such as a wallet or cell phone; there was no time to power down laptops or even to take them. A. insisted, however, that both Stevens and Smith don the khaki Kevlar body-armor vests that had been pre-positioned in their rooms. It was critical that the three men make it to the safe haven and lock the doors before the attackers knew where they were. A., following the room-clearing tactics he had been taught in his training, carefully turned each corner, his assault rifle poised to engage any threat. He also had a shotgun slung over his shoulder just in case; the shotgun is a no-nonsense tool of ballistic reliability that was an ideal weapon to engage overwhelming crowds of attackers. A.’s service-issue SIG Sauer handgun was holstered on his hip.

A. heard voices shouting outside the walls; these were interrupted only by the sporadic volleys of automatic gunfire. The lights in the residence were extinguished. The gunfire alerted both Stevens and Smith to the immediacy of the emergency, but negotiating the dark path to the safe haven was made more difficult by the restrictive hug of the heavy vests. Every few feet A. would make sure that the two were following close behind him.

When the three reached the safe haven, the mesh steel door was shut behind them and locked. A. took aim with his rifle through the wrought-iron grate over the window. The door, as well as the window, was supposed to be opened only when the cavalry arrived. When that would happen was anyone’s guess.

Ambassador Stevens requested A.’s BlackBerry to make calls to nearby consulates and to the embassy in Tripoli. He spoke in hushed tones so as not to compromise their position to anyone outside. His first call was to his deputy chief of mission, Gregory Hicks, who was in Tripoli at the U.S. Embassy. Soon after, Hicks discovered a missed call on his phone from an unfamiliar number. He returned the call and reached Stevens, who told him of the attack.

Stevens also called local militia and public-security commanders in Benghazi, pleading for help. He had developed a close and affectionate rapport with many of the most powerful men in the city—both the legitimate and the ruthless. For an unknown reason, Stevens didn’t call the Libya Shield Force, a group of relatively moderate fighting brigades that was, perhaps, the closest armed force in the country to a conventional military organization. The Shield of Libya did have an Islamist-leaning ideology, but it wasn’t jihadist. It answered to the Libyan Defense Ministry, and was under the command of Wisam bin Ahmid; Ahmid led a well-equipped and disciplined force in Benghazi called the Free Libya Martyrs. The Free Libya Martyrs fielded ample assets in the city. Reportedly, Wisam bin Ahmid could have responded, but he was never asked.

Perhaps Stevens feared that members of the militia were participating in the attack.

According to a press account, the Libya Shield Force militia had figured in a cable dispatched to the State Department earlier in the day by the ambassador. In the communication, there was mention of how Muhammad al-Gharabi and Wisam bin Ahmid might not continue to guarantee security in Benghazi, “a critical function they asserted they were currently providing,” because the United States was supporting Mahmoud Jibril, a candidate for the office of prime minister. The cable discussed the city of Derna and linked it to an outfit called the Abu-Salim Brigade, which advocated a harsh version of Islamic law.

The list of whom Ambassador Stevens phoned that night remains protected, but it is believed to have included militia commanders who were quite proud to parade the president of the United States’ personal representative in front of their ragtag armies, but did not feel it wise or worthy to commit these forces for the rescue of a true friend.

C. had initially rushed back to the Tactical Operations Center (TOC), but then redirected back to the agents’ quarters to grab his gear and back up D. It was procedure—and tactical prudence—for the remaining agents at the compound to work in teams of two. B. and R. were inside the TOC, locked down behind secured fire doors. The TOC was the security nerve center of the facility. Situated south of the residence, it was a small structure of gray cement with little windows sealed by iron bars. Perhaps the most fortified spot on the compound, it was just barely large enough for two or three individuals, as it was filled with communications, video-surveillance, and other emergency gear.

C. and D. rushed out of the barracks, weapons in hand, hoping to reach the residence on the western side of the compound, but the two young agents found themselves seeking cover. Moving slowly, and peering around corners, the two tried to cross the alleyway that separated the two halves of the Special Mission Compound, but they feared the connecting path would turn into an exposed killing zone. There were just too many gunmen racing about and screaming to one another in Arabic. The DS agents realized that they were cut off, so they made their way back to the barracks. Some of the attackers carried R.P.G.’s slung over their shoulder, and the DS agents knew that they were facing superior firepower. C. radioed the TOC of their predicament and waited for the chance to attempt a breakout.

Bad as the situation was, R., the TOC regional-security officer, had things in hand. Like an air-traffic controller, he knew that the stakes were high and that mistakes could lead to disaster. Ambassador Stevens was hunkered down, and so were the agents. Everyone just needed to hold tight until the cavalry arrived—the C.I.A.’s Global Response Staff and the QRF. The TOC had visual surveillance of the “tangos,” slang for terrorists, and could update the agents.

With pinpoint Military Operations on Urban Terrain tradecraft, the terrorists assaulted the February 17 Martyrs Brigade command post, at the western tip of the northern perimeter, by lobbing a grenade inside and then, before the smoke and debris cleared, firing dedicated bursts of AK-47 fire into the main doorway. A number of February 17 Martyrs Brigade militiamen, along with one or two Libyan guards, were seriously wounded in the exchange, though they still managed to use an escape ladder to climb up to the rooftop, where they hid. The command-post floor was awash in blood.

As they watched the attack on the mission unfold in real time on the video monitors, R. and B. attempted to count the men racing through both the Bravo-1 and Charlie-1 gates. However, the attackers had flowed through the northern part of the grounds so quickly and in such alarming numbers that R. and B. could not ascertain their numbers or armaments. It was only later, by reviewing the attack via the high-resolution DVR system, that the DS discovered there were 35 men systematically attacking the Special Mission Compound.

They were not members of a ragtag force. Split into small groups, which advanced throughout the compound methodically, they employed military-style hand signals to direct their progression toward their objectives. Some were dressed in civil-war chic—camouflage outfits, black balaclavas. Some wore “wifebeater” white undershirts and khaki military trousers. A few wore Inter Milan soccer jerseys—Italian soccer is popular in Libya. Some of those who barked the orders wore mountaintop jihad outfits of the kind worn by Taliban warriors in Afghanistan. Virtually all of the attackers had grown their beards full and long. According to later reports and shadowy figures on the ground in Benghazi—organizers and commanders from nearby and far away—foreigners had mixed in with the local contingent of usual suspects. Many were believed to have come from Derna, on the Mediterranean coast between Benghazi and Tobruk. Derna had been the traditional hub of jihadist Islamic endeavors inside Libya and beyond.

It was clear that whoever the men who assaulted the compound were, they had been given precise orders and impeccable intelligence. They seemed to know when, where, and how to get from the access points to the ambassador’s residence and how to cut off the DS agents as well as the local guard force and the February 17 Martyrs Brigade militiamen on duty that night. As is standard procedure, in the days leading up to the arrival of the ambassador, the regional security officer and his team had made a series of official requests to the Libyan government for additional security support for the mission. It appears that the attackers either intercepted these requests or were tipped off by corrupt Libyan officials. According to one European security official who had worked in Benghazi, “The moment notifications and requests went out to the Libyan Transitional National Council and the militias in advance of Stevens’s arrival, it was basically like broadcasting the ambassador’s itinerary at Friday prayers for all to hear.”

The attackers had seemed to know that there were new, uninstalled generators behind the February 17 Martyrs Brigade command post, nestled between the building and the overhang of foliage from the western wall, as well as half a dozen jerry cans full of gasoline to power them. One of the commanders dispatched several of his men to retrieve the plastic fuel containers and bring them to the main courtyard. A gunman opened one of the cans and began to splash the gasoline on the blood-soaked floor of the February 17 command post. The man with the jerry can took great pains to pour the harsh-smelling fuel into every corner of the building before setting fire to one of the DS notices and igniting an inferno.
In the Line of Fire

A
. watched from between the metal bars inside the safe haven as a fiery clap was followed by bright-yellow flames that engulfed the command post. He updated the TOC with what he could see and, more ominously, what he could smell.

“A. here. I see flames and smoke.”

“Roger that, me too,” said R., in the TOC.

R. keyed the microphone again and said, “Backup en route.”

And then there was silence.

Silence on the radio means one of two things: either all is good or things are very bad. There are no in-betweens.

Thick plumes of acrid gray and black smoke billowed upward to cloud the clear night sky. The Special Mission Compound was painted in an eerie orange glow. For added fury, some of the gunmen broke the windshields of several of the February 17 Martyrs Brigade vehicles parked near their command post and doused the interior of the vehicles with gasoline. A lit cigarette, smoked almost to the filter, was tossed in to ignite another blaze.

The men carrying the fuel-filled jerry cans moved slowly as they struggled to slice a path to the ambassador’s villa. The 20 liters of fuel contained in each plastic jerry can weighed about 40 pounds, and the gunmen found them difficult to manage, with the fuel sloshing around and spilling on their boots and sandals. The men in charge barked insults and orders to the jerry-can-carrying crews, but intimidation was pointless.

The survival equation at the Special Mission Compound was growing dim. R. summoned C. and D. over the radio:

“Guys, TOC here. Several tangos outside your door. Stay put. Do not move.”

“Copy,” replied one of the agents.

“Backup on the way.”

In the background, the TOC agent could hear the sound of the angry mob in the hallways, over the agent’s keyed microphone. R. communicated his situation to the C.I.A. Annex, the RSO in Tripoli, and the Diplomatic Security Command Center, in Virginia, via his cell phone. Well over a dozen terrorists were trying to break through the cantina at the residence. C. and D. had shut the main door and moved the refrigerator from inside the kitchen and barricaded the door with it. They hunkered down low, with their assault rifles in hand, prepared for the breach and the ballistic showdown. They were trapped. So, too, were R. and B., in the TOC.

A. leaned upward, glancing out through the murky transparency of his window, peering across the bars at the violence before him. He watched as the fuel bearers inched their way forward toward the residence, and he limbered up the fingers of his shooter’s hand as he laid a line of sight onto the targets closing the distance to the villa. He controlled his breathing in preparation to take that first shot. He found himself relying on his instincts, his experience, and, above all, his training. The purpose of the training that DS agents receive—the extensive tactical and evasive-driving skills that are hammered into each and every new member—is to show them how to buy time and space with dynamic skill and pragmatic thought. The DS trains its agents to analyze threats with their minds and gut instincts and not with their trigger fingers.

In that darkened bunker of the villa’s safe haven, A. faced a life-changing or life-ending decision that few of even the most experienced DS agents have ever had to make: play Rambo and shoot it out or remain unseen and buy time? Buying time takes brains—and, according to a DS agent with a plethora of experiences in counterterrorist investigations, “we hire people for their brains.” But A. found himself in the unforgiving position of being damned if he did and damned if he didn’t. As retired DS agent Scot Folensbee reflected, “When you are faced with immediate life-and-death decisions, you know that ultimately, if you survive, you will be second-guessed and criticized. So, the only thing to do is realize that in these cases of ‘Should I shoot or not shoot,’ you as the agent are the one making the decision and you the agent will have to live with that decision. There wasn’t a right decision here, and there wasn’t a wrong one, either.” As A. scanned the horizon, taking aim at which of the attackers he would have to shoot first, he understood that he would either be congratulated or criticized; dead or alive were mere afterthoughts.

The Special Mission Compound in Benghazi on that night was not a textbook case. No classroom, no training officer, and certainly no armchair general could understand the nuances of those terrifying uncertain moments of the attack. The attackers had managed to cut off and isolate two two-man tandems of armed support, and the local militia, paid to stand and fight, had cut and run. A.’s decision was his and his alone. And he chose to do whatever was humanly feasible to keep Stevens and Smith alive. There was no honor in a suicidal last stand before it was absolutely the time to commit suicide. Every second that the three could hang on was another second of hope that rescue would come.

It was 2200 hours.

The attackers moved quickly into the villa. The front door had been locked, and it took some effort to get it open. Finally, an R.P.G. was employed to blow a hole through the door. As they penetrated the villa the attackers were furious and violent, with an animal-like rage. They happily sated their appetite for destruction on anything before them, ripping the sofas and cushions to shreds. Bookshelves, lighting fixtures, vases were bashed and crushed. TVs were thrown to the ground and stomped on; the kitchen was ransacked. The computers left behind, perhaps containing sensitive and possibly even classified information, were simply trashed.

A. raised his weapon at the ceiling, trying to follow the footsteps of the invaders as they stomped on shards of broken glass above. The TOC was providing him with a play-by-play description of the frenetic orgy of destruction. As the gunmen searched the house, determined to retrieve a captive, either a defiant ambassador or the corpse of one, they headed down toward the safe haven.

All that separated A., Stevens, and Smith from the terrorists was the steel-reinforced security gate, of the kind installed inside the apartments of diplomats serving in “normal” locations in order to prevent criminal intrusions. The metal gate wasn’t a State Department-spec forced-entry-and-blast-resistant door, like the ones used in Inman buildings.

A. knew that unless help arrived soon they were, to use a DS euphemism, “screwed.” Screwed was an understatement. The terrorists would use explosives or an R.P.G. to blast their way into the safe haven; they had, he believed, used one to blast through the doors at the main entrance. R.P.G.’s and satchels of Semtex were virtually supermarket staples in Benghazi, and with one pull of the grenade launcher’s trigger or one timed detonation, the armored door to the safe haven would be a smoldering twist of ruin. But fire was a much cheaper and far simpler solution to a frustrating obstacle.

Burning down an embassy or a diplomatic post was so much easier than blowing it up, and historically, when a diplomatic post’s defenses had been breached, the end result was usually an inferno. As the frenzy of destruction began to simmer down, the roar of fire was loud and ominous. R. radioed A. with the news. “Smoke is seen from the villa’s windows, over.” The message was superfluous. The three men could hear the flames engulfing the building, and they could feel the oven-like heat growing hotter and more unbearable as each moment passed. The lights from behind the door began to flicker. The electricity began to falter, and then it died.

Once the fires began and the gunmen discovered the path to the safe haven, A. moved onto his knees to take aim with his assault rifle in case the attackers made it through this final barrier. The attackers flailed their hands wildly in the attempt to pry the gate open. None fired into the room; the mesh steel made it difficult for them to poke the barrels of their AK-47s to a point where they would be able to launch a few rounds. Stevens, Smith, and A. were safely out of view, crouched behind walls. A. cradled his long gun with his left hand, wiping the sweat from his right. He knew he had to be frugal with his shots. He didn’t know if he had enough rounds to stop 10 men, let alone more. As A. moved his sights from target to target, the fiery orange glow behind them made the dozen or so men look like a hundred.

Just before the fire was set, the gunmen had emerged from the villa, relaxed and joyous. They fecklessly fired their AK-47s into the air and watched the villa erupt in a wild blaze. Whoever was inside the doomed building would most certainly die. Their work for the night was nearly done.

The smoke spread fast as A. ordered Stevens and Smith to drop to their knees and led them in a crawl from the bedroom toward the bathroom, which had a small window. Towels were taken off their fancy racks and doused with water. A. rolled them loosely and forced them under the door to keep the smoke from entering the smaller space the three men had retreated to. Nevertheless, the acrid black vapor was eye-searing and blinded the men in the safe haven. The three, crawling around on the bathroom floor, gasped for clean air to fill their lungs. They couldn’t see a thing in the hazy darkness. The men began to vomit into the toilet. Getting some air was now more important than facing the wrath of the attackers.

The situation inside the safe haven was critical. A. attempted to pry open the window, but in seeking ventilation he exacerbated the situation; the opening created an air gust which fed the intensity of the flames and the smoke. The safe haven became a gas chamber. A. yelled and pleaded with Stevens and Smith to follow him to an adjacent room with an egress emergency window, but he couldn’t see the two through the smoke. He banged on the floor as he crawled, hoping they would hear him. A. found himself in the throes of absolute terror. He was, however, unwilling to surrender to the dire environment. He pushed through toward the window, barely able to breathe. With his voice raw from smoke, he mustered whatever energy he had left to yell and propel Stevens and Smith forward.

The egress window was grilled, and within the grille was a section that could be opened for emergency escape. It had a lock with the key located near the window but out of reach from someone outside. It did not open easily. Using all the strength of his arms and shoulders, A. managed to pry the window slightly ajar. He yelled for Stevens and Smith to follow him as he forced his body through the opening. The taste of fresh air pushed him ahead, and he was determined to get his ambassador and his IMO to safety, no matter what.

Coughing up soot, he reached inside to help Stevens and Smith out. There was no response, though; they had not followed him. A. heard the crackling of AK-47 gunfire in the distance, and he heard the whooshing sound of shots flying overhead. Some of the gunmen, who had by now begun to retreat from the blaze, began firing at him. A. didn’t care at this point. Showing enormous courage and dedication, he went back into the safe haven several times to search for both men. The heat and the intensity of the fire and smoke beat him back each time.

Later, A. could not remember the number of attempts he had made to search for Stevens and Smith, but they were numerous. His hands were severely burned, and the smoke inhalation had battered his body to the point where even minor movements caused excruciating pain. Still, he resolved to get the two men out of the inferno, dead or alive. But at approximately his sixth attempt to go back inside, A. found he couldn’t go back anymore. His body, weakened by a lack of oxygen and severe pain, had been humbled by the hellacious reality. Stoically he gathered himself and made toward an emergency ladder near the egress window. He climbed to the roof as the flames rushed upward from the windows that had exploded. While rounds were flying by him, he tried to pull off a metal grate over a skylight on the top of the roof. The building resembled a funeral pyre.

Atop the building, A. struggled his way toward the wedge-shaped sandbag firing emplacement that the DS Mobile Security Deployment operators had affixed the last time they had been to Benghazi. The sandbags shielded A. from the odd shots still ringing out in the night; greenish beams of tracer fire littered the roofline, as the gunmen still hoped to have a chance to engage some of the Americans in a battle to the end. A. used his radio and weapon to smash open the skylight in the hope of ventilating the building. He prayed this would cause the fire to burn itself out, enabling him to rush down into the labyrinth of destruction and save the lives of the ambassador and Sean Smith.

But, as pillars of fire and smoke surged up through the shattered remnants of the skylight, the collapse of the weakened roof seemed imminent. Struggling with every breath he took, he gathered his strength and pressed down on the talk button of his Motorola handset. “I don’t have the ambassador,” he yelled. “Repeat, over?” B. responded. He couldn’t hear what A. had said. As the flames roared around A., he struggled to speak. He found it excruciating to hold the radio in his burned hands. But they had to know. He took a lung-filling gasp of air. “I don’t have the ambassador!”

By Esam Omran Al-Fetori/Reuters/Landov.

Find this story at august 2013

Vanity Fair © Condé Nast Digital

The Government was accused of “breathtaking laxity” in its arms controls last night after it emerged that officials authorised the export to Syria of two chemicals capable of being used to make a nerve agent such as sarin a year ago.

The Business Secretary, Vince Cable, will today be asked by MPs to explain why a British company was granted export licences for the dual-use substances for six months in 2012 while Syria’s civil war was raging and concern was rife that the regime could use chemical weapons on its own people. The disclosure of the licences for potassium fluoride and sodium fluoride, which can both be used as precursor chemicals in the manufacture of nerve gas, came as the US Secretary of State John Kerry said the United States had evidence that sarin gas was used in last month’s atrocity in Damascus.

Mr Kerry announced that traces of the nerve agent, found in hair and blood samples taken from victims of the attack in the Syrian capital which claimed more than 1,400 lives, were part of a case being built by the Obama administration for military intervention as it launched a full-scale political offensive on Sunday to persuade a sceptical Congress to approve a military strike against Syria.

The Department for Business, Innovation and Skills insisted that although the licences were granted to an unnamed UK chemical company in January 2012, the substances were not sent to Syria before the permits were eventually revoked last July in response to tightened European Union sanctions.

In a previously unpublicised letter to MPs last year, Mr Cable acknowledged that his officials had authorised the export of an unspecified quantity of the chemicals in the knowledge that they were listed on an international schedule of chemical weapon precursors.

Downing Street insisted today that Britain’s system for approving arms exports to Syria is working even though licences for two chemicals capable of being used in making nerve gas were approved by the Government and blocked only by EU sanctions.

The Prime Minister’s official spokesman said: “You see the system working, with materials not exported. The facts are that the licences were revoked and the exports did not take place. The Prime Minister’s view is that that demonstrates that the system is working. There is a sanctions regime, which is a very active part.”

Critics of the Business Secretary, whose department said it had accepted assurances from the exporting company that the chemicals would be used in the manufacture of metal window frames and shower enclosures, said it appeared the substances had only stayed out of Syria by chance.

The shadow Business Secretary Chuka Umunna told The Independent: “It will be a relief that the chemicals concerned were never actually delivered. But, in light of the fact the Assad regime had already been violently oppressing internal dissent for many months by the beginning of 2012 and the intelligence now indicates use of chemical weapons on multiple occasions, a full explanation is needed as to why the export of these chemicals was approved in the first place.”

The Labour MP Thomas Docherty, a member of the Commons Arms Export Controls Committee, will today table parliamentary questions demanding to know why the licences were granted and to whom.

He said: “This would seem to be a case of breath-taking laxity – the Government has had a very lucky escape indeed that these chemicals were not sent to Syria.

“What was Mr Cable’s department doing authorising the sale of chemicals which by their own admission had a dual use as precursors for chemical weapons at a time when the Syria’s war was long under way?”

The licences for the two chemicals were granted on 17 and 18 January last year for “use in industrial processes” after being assessed by Department for Business officials to judge if “there was a clear risk that they might be used for internal repression or be diverted for such an end”, according to the letter sent by Mr Cable to the arms controls committee.

Mr Cable said: “The licences were granted because at the time there were no grounds for refusal.”

Although the export deal, first reported by The Sunday Mail in Scotland, was outlawed by the EU on 17 June last year in a package of sanctions against the regime of Bashar al-Assad, the licences were not revoked until 30 July. Chemical weapons experts said that although the two substances have a variety of uses such as the fluoridation of drinking water, sodium and potassium fluoride are also key to producing the chemical effect which makes a nerve agent such as sarin so toxic.

Western intelligence has long suspected the Syrian regime of using front companies to divert dual-use materials imported for industrial purposes into its weapons programmes. It is believed that chemical weapons including sarin have been used in the Syrian conflict on 14 occasions since 2012.

Mr Cable’s department last night insisted it was satisfied that the export licence was correctly granted. A spokesman said: “The UK Government operates one of the most rigorous arms export control regimes in the world.

“The exporter and recipient company demonstrated that the chemicals were for a legitimate civilian end-use – which was for metal finishing of aluminium profiles used in making aluminium showers and aluminium window frames.”

Cahal Milmo, Andy McSmith, Nikhil Kumar
Monday, 2 September 2013

Find this story at 2 September 2013

© independent.co.uk

British companies were given government licences in January 2012 to export chemicals that could have been used to make nerve gas in Syria, ten months after civil broke out in the country, it was revealed Sunday.

The UK government approved licences for British firms in January 2012 to export chemicals to Syria that could have been used to produce nerve gas, it emerged Sunday.

Export licences for potassium fluoride and sodium fluoride were granted ten months after the country descended into civil war, reports first published in the Scottish Sunday Mail revealed.

The licences specified that the chemicals should be used in industrial processes, but fluoride is also a key element in the production of chemical weapons such as sarin – thought to be the nerve gas used in the Assad regime’s alleged August 21 attack in a suburb of Damascus.

Although the licences were revoked six months later, this was due to EU-imposed sanctions on the Assad regime, rather than a decision by the UK government.

The issuing of the licences, by the Department for Innovation, Business and Skills, was confirmed by a little-publicised letter sent in September 2012 by Business Secretary Vince Cable to the House of Commons’ Arms Export Controls Committee.

US Government map of areas reportedly affected by Aug. 21 chemical weapons attack

In the letter, Cable admits that licences were “issued on 17 and 18 January 2012 and authorised the export of dual-use chemicals to a private company for use in industrial processes. The chemicals were sodium fluoride and potassium fluoride”.

The letter stresses that the chemicals “were to be used for metal finishing of aluminium profiles used for making aluminium showers” but admits that “they could also be used as precursor chemicals in the manufacture of chemical weapons”.

UK government ‘has very serious questions to answer’

The revelations come at a time when the US and France are pushing for military action against the Assad regime in response to its alleged use of chemical weapons. Britain, however, ruled itself out of taking part in any armed intervention in Syria following a surprise vote against such a move in the House of Commons last week.

While the August 21 attack, which according to the US killed at least 1,429 Syrians, took place months after the licences were approved, Syria has been suspected of using chemical weapons many times in the past.

Opposition MPs are now calling on the coalition government and Vince Cable in particular to explain the decision to sanction the exports.

“The chair of the joint intelligence committee confirmed last week that their assessment was that the Syrian regime had used lethal chemical weapons on 14 occasions from 2012,” said Labour’s shadow business secretary, Chuka Umunna.

“There are, therefore, very serious questions to answer as to why, in January 2012, export licences for chemicals to Syria which could be used in the manufacture of chemical weapons were approved.

“It will be a relief that the chemicals concerned were never actually delivered. But, in light of the fact the Assad regime had already been violently oppressing internal dissent for many months by the beginning of 2012 and the intelligence now indicates use of chemical weapons on multiple occasions, a full explanation is needed as to why the export of these chemicals was approved in the first place,” Umunna added.

Umunna’s statement follows comments made by Vince Cable last Wednesday, after the UK announced it was suspending export licences to Egypt because of the ongoing political turmoil.

Cable insisted that: “The UK position is clear: we will not grant export licences where there is a clear risk that goods might be used for internal repression.

He added: “The government takes its export responsibilities very seriously and operates one of the most rigorous arms export control regimes in the world.”

By Sam Ball (text)

Find this story at 2 September 2013

© AFP

FURIOUS politicians have demanded Prime Minister David Cameron explain why chemical export licences were granted to firms last January – 10 months after the Syrian uprising began.

BRITAIN allowed firms to sell chemicals to Syria capable of being used to make nerve gas, the Sunday Mail can reveal today.

Export licences for potassium fluoride and sodium fluoride were granted months after the bloody civil war in the Middle East began.

The chemical is capable of being used to make weapons such as sarin, thought to be the nerve gas used in the attack on a rebel-held Damascus suburb which killed nearly 1500 people, including 426 children, 10 days ago.

President Bashar Assad’s forces have been blamed for the attack, leading to calls for an armed response from the West.

British MPs voted against joining America in a strike. But last night, President Barack Obama said he will seek the approval of Congress to take military action.

The chemical export licences were granted by Business Secretary Vince Cable’s Department for Business, Innovation and Skills last January – 10 months after the Syrian uprising began.

They were only revoked six months later, when the European Union imposed tough sanctions on Assad’s regime.

Yesterday, politicians and anti-arms trade campaigners urged Prime Minister David Cameron to explain why the licences were granted.

Dunfermline and West Fife Labour MP Thomas Docherty, who sits on the House of Commons’ Committees on Arms Export Controls, plans to lodge Parliamentary questions tomorrow and write to Cable.

He said: “At best it has been negligent and at worst reckless to export material that could have been used to create chemical weapons.

“MPs will be horrified and furious that the UK Government has been allowing the sale of these ingredients to Syria.

“What the hell were they doing granting a licence in the first place?

“I would like to know what investigations have been carried out to establish if any of this
material exported to Syria was subsequently used in the attacks on its own people.”

The SNP’s leader at Westminster, Angus Robertson MP, said: “I will be raising this in Parliament as soon as possible to find out what examination the UK Government made of where these chemicals were going and what they were to be used for.

“Approving the sale of chemicals which can be converted into lethal weapons during a civil war is a very serious issue.

“We need to know who these chemicals were sold to, why they were sold, and whether the UK Government were aware that the chemicals could potentially be used for chemical weapons.

“The ongoing humanitarian crisis in Syria makes a full explanation around these shady deals even more important.”

A man holds the body of a dead child
Reuters

Mark Bitel of the Campaign Against Arms Trade (Scotland) said: “The UK Government claims to have an ethical policy on arms exports, but when it comes down to practice the reality is very different.

“The Government is hypocritical to talk about chemical weapons if it’s granting licences to companies to export to regimes such as Syria.

“We saw David Cameron, in the wake of the Arab Spring, rushing off to the Middle East with arms companies to promote business.”

Some details emerged in July of the UK’s sale of the chemicals to Syria but the crucial dates of the exports were withheld.

The Government have refused to identify the licence holders or say whether the licences were issued to one or two companies.

The chemicals are in powder form and highly toxic. The licences specified that they should be used for making aluminium structures such as window frames.

Professor Alastair Hay, an expert in environmental toxicology at Leeds University, said: “They have a variety of industrial uses.

“But when you’re making a nerve agent, you attach a fluoride element and that’s what gives it
its toxic properties.

“Fluoride is key to making these munitions.

“Whether these elements were used by Syria to make nerve agents is something only subsequent investigation will reveal.”

The Department for Business, Innovation and Skills said: “The UK Government operates one of the most rigorous arms export control regimes in the world.

“An export licence would not be granted where we assess there is a clear risk the goods might be used for internal repression, provoke or prolong conflict within a country, be used aggressively against another country or risk our national security.

“When circumstances change or new information comes to light, we can – and do – revoke licences where the proposed export is no longer consistent with the criteria.”

Assad’s regime have denied blame for the nerve gas attack, saying the accusations are “full of lies”. They have pointed the finger at rebels.

UN weapons inspectors investigating the atrocity left Damascus just before dawn yesterday and crossed into Lebanon after gathering evidence for four days.

They are now travelling to the Dutch HQ of the Organisation for the Prevention of Chemical Weapons.

It could take up to two weeks for the results of tests on samples taken from victims of the attack, as well as from water, soil and shrapnel, to be revealed.

On Thursday night, Cameron referred to a Joint Intelligence Committee report on Assad’s use of chemical weapons as he tried in vain to persuade MPs to back military action. The report said the regime had used chemical weapons at least 14 times since last year.

Russian president Vladimir Putin yesterday attacked America’s stance and urged Obama to show evidence to the UN that Assad’s regime was guilty.

Russia and Iran are Syria’s staunchest allies. The Russians have given arms and military backing to Assad during the civil war which has claimed more than 100,000 lives.

Putin said it would be “utter nonsense” for Syria to provoke opponents and spark military
retaliation from the West by using chemical weapons.

But the White House, backed by the French government, remain convinced of Assad’s guilt, and Obama proposes “limited, narrow” military action to punish the regime.

He has the power to order a strike, but last night said he would seek approval from Congress.

Obama called the chemical attack “an assault on human dignity” and said: “We are prepared to strike whenever we choose.”

He added: “Our capacity to execute this mission is not time-sensitive. It will be effective tomorrow, or next week, or one month from now.

“And I’m prepared to give that order.”

Some fear an attack on Syria will spark retaliation against US allies in the region, such
as Jordan, Turkey and Israel.

General Lord Dannatt, the former head of the British Army, described the Commons vote as a “victory for common sense and democracy”.

He added that the “drumbeat for war” had dwindled among the British public in recent days.

By Russell Findlay, Billy Briggs
1 Sep 2013 07:21

Find this story at 1 September 2013

© www.dailyrecord.co.uk

Among questionable ethical deals was £35m lent to Robert Mugabe and spent on BAE’s Hawk fighter jets

Robert Mugabe bought five BAE systems Hawk jets between 1989 and 1992 and deployed them in the war in the Democratic Republic of Congo. Photograph: Indranil Mukherjee/AFP/Getty Images

Britain’s arms industry and other companies are to be called before MPs to explain why taxpayer funds ended up helping Robert Mugabe to buy five Hawk fighter jets and 1,030 police Land Rovers which he later used to suppress dissent.

The bosses of the world’s biggest multinational defence and oil companies, including BAE Systems and BP, will be asked to account for why hundreds of millions of pounds of government money was used to help military dictators build up their arsenals, and facilitated environmental and human rights abuses across the world.

An official all-party inquiry into the government Export Credits Guarantee Department’s (ECGD) underwriting of the loans will begin to call witnesses next week, the Guardian has learned.

The all-party parliamentary group on international corporate responsibility will investigate more than 40 years of the government’s involvement in supporting dubious practices overseas. The actions of the ECGD have led to it being christened the “department for dodgy deals” by the Jubilee Debt Campaign.

Among the catalogue of ethically questionable deals was £35m lent to Zimbabwe to buy five Hawk fighter jets from BAE Systems between 1989 and 1992.

Zimbabwe, which was already heavily indebted at the time of the loans, spent £49m repaying the cost of the Hawks, according to a response to a freedom of information request from the Jubilee Debt Campaign seen by the Guardian.

Mugabe’s government deployed the jets in the 1998-2002 war in the Democratic Republic of Congo, Africa’s most deadly conflict in modern history, which led to 5.4m deaths.

At the time of deployment the British government approved Zimbabwe’s purchase of spare parts worth £5m-£10m despite concerns the aircraft were being used in the deadly Congo war, according to the journal Africana Bulletin.

The department also supplied Mugabe with £21m of loan guarantees to help him import 1,030 police Land Rovers and other military equipment. The vehicles were sent to Zimbabwe after Mugabe promised that they would be used “with due respect for human rights”. He specifically pledged not to use them for riot control, but Amnesty International said they were used to crush demonstrations.

The Land Rovers were sent to Zimbabwe in the late 1990s, before Mugabe began taking over white farmers’ land in 1999. Robin Cook, the former foreign secretary, later banned the shipments.

The ECGD also supported the notorious al-Yamamah “oil for arms” deal with Saudi Arabia, for which BAE Systems was investigated by the Serious Fraud Office amid allegations of bribery and corruption. The inquiry was eventually dropped following the intervention of the then prime minister, Tony Blair.

The government loans also allowed the former Egyptian dictator Hosni Mubarak, and his predecessor Anwar Sadat, to buy arms, including helicopters and missiles, and helped Argentina buy two Type 42 Destroyers and two Lynx helicopters, which were later used in the invasion of the Falklands.

As well as arms, the department has provided funds for the world’s largest and riskiest oil-drilling project, in the Atlantic Ocean, and a 1,760km BP joint venture oil pipeline through the Caucasus.

The inquiry will this week begin asking arms and oil industry executives to provide evidence to parliament after pressure for the ECGD to clean up its act. The cross-party group of MPs will also call on former politicians to explain why they signed the deals. More than 100 MPs signed an early day motion calling for the ECGD to commit itself to transparent and open dealings in the future.

The ECGD, which is part of the business department and has changed its name to UK Export Finance (UKEF), was often used by arms companies to get a state-backed guarantee to recompense their banks if the deal fell through or the debtor failed to make repayments. In the 1980s the ECGD had 4,000 staff in branches across the country and offered backing for 40% of Britain’s exports.

Lisa Nandy, a Labour MP and chair of the all party group, said the department had committed “billions of pounds of taxpayers’ money” to projects that had been the subject of “countless criticisms” for human rights and environmental abuses.

“It is vital that we bring together all stakeholders and interested parties through this inquiry to look seriously at the allegations levelled at this department,” she said.

“This Department commits billions of pounds of taxpayers’ money each year. It has a responsibility to spend that money in a way that is ethical and effective. In the past it appears that this responsibility has not been taken seriously enough.”

“In a time of recession, business needs support from government but that support must be of long-term benefit for everyone: safeguarding human rights, protecting the environment and, at the very least, not exacerbating poverty.”

Tim Jones, policy officer at Jubilee Debt Campaign, said: “We welcome the launch of this inquiry. Vince Cable’s ‘Department for Dodgy Deals’ has a notorious track record of backing loans for undemocratic and damaging projects. UK Export Finance claims it is owed £2.3 billion. This includes loans for General Mubarak’s Egyptian army to buy British defence equipment, Argentina’s 1970s military dictatorship to buy British warships, and Robert Mugabe’s police to buy British Land Rovers. Vince Cable needs to implement Liberal Democrat policy and audit the debt, cancel that which is unjust, and reform UK Export Finance so no more dodgy deals are backed in the future.”

The inquiry has no legal power to force industry executives or former politicians to provide evidence.

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A former head of MI6 has threatened to expose the secrets of the ‘dodgy dossier’ if he disagrees with the long-awaited findings of the Chilcot Inquiry into the UK’s role in the Iraq War.
Sir Richard Dearlove has threatened to expose secrets behind the Iraq ‘dodgy dossier’. Photo: JOHN TAYLOR

Sir Richard Dearlove, 68, has spent the last year writing a detailed account of events leading up to the war, and had intended to only make his work available to historians after his death.

But now Sir Richard, who provided intelligence about Saddam Hussein’s Weapons of Mass Destruction (WMDs) that was apparently ‘sexed up’ by Tony Blair’s government, has revealed that he could go public after the Chilcot Inquiry publishes its findings.

Sir Richard is expected to be criticised by the inquiry’s chairman, Sir John Chilcot, over the accuracy of intelligence provided by MI6 agents inside Iraq, which was used in the so-called ‘dodgy dossier’.

Now the ex-MI6 boss, who is Master at Pembroke College, Cambridge University, has said: “What I have written (am writing) is a record of events surrounding the invasion of Iraq from my then professional perspective.

“My intention is that this should be a resource available to scholars, but after my decease (may be sooner depending on what Chilcot publishes).
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“I have no intention, however, of violating my vows of official secrecy by publishing any memoir.”

Sources close to Sir Richard said that he insists Chilcot should recognise the role played by Tony Blair and the Prime Minister’s chief spokesman Alastair Campbell in informing media reports which suggested Saddam could use chemical weapons to target British troops based in Cyprus, a claim which led to Britain entering the war in Iraq.

Sir Richard is said to remain extremely unhappy that this piece of intelligence, which his agents stressed only referred to battlefield munitions which had a much shorter range, led to media reports that UK bases were under threat.

However, he accepts that some of MI6’s information on the WMDs was inaccurate, the Mail on Sunday reported.

Mr Blair and Mr Campbell have repeatedly denied making misleading statements about WMD.

Last week it was revealed that Sir John had written to Prime Minister David Cameron informing him of his intention to write personally to those individuals he intends to criticise, with Tony Blair reported to be among those on Sir John’s list.

Sir Richard has taken a sabbatical from his duties at Cambridge University to research and write his record of events, and is expected to resume his Master’s role at the start of the new academic year.

A security source told The Mail on Sunday: “This is Sir Richard’s time-bomb. He wants to set the record straight and defend the integrity of MI6. And Sir Richard has taken a lot of personal criticism over MI6’s performance and his supposedly too-cosy relationship with Mr Blair.

“No Chief of MI6 has done anything like this before, but the events in question were unprecedented.

“If Chilcot doesn’t put the record straight, Sir Richard will strike back.”

Last night the committee’s chairman, Sir Malcolm Rifkind, who was appointed in 2010, offered Sir Richard his support, saying: “I have never heard of a former MI6 chief putting something out there in these terms but I would be interested in what Sir Richard has to say in response to the Chilcot Inquiry which is clearly going to have some meat in it.

“I know Sir Richard and worked with him in the Foreign Office many years ago. He is a very able man of the highest character and a man of his own opinions. We shall have to wait to see what he says.”

Last night, Alastair Campbell and the office for Tony Blair declined to comment on Sir Richard’s account.

By Melanie Hall
8:48AM BST 21 Jul 2013

Find this story at 21 July 2013

© Copyright of Telegraph Media Group Limited 2013

Sir Richard Dearlove, 68 provided intelligence about Saddam Hussein’s WMD
Had previously said he would keep his account of events leading up to Iraq War secret until after his death

Revelations: in a bombshell email to the MoS Sir Richard Dearlove threatened to reveal new details behind the ‘dodgy dossier’ scandal

A former head of MI6 has threatened to reveal explosive new details behind the ‘dodgy dossier’ scandal if he objects to the long-awaited findings of the Chilcot Inquiry into Britain’s role in the Iraq War.

Sir Richard Dearlove, 68, who provided intelligence about Saddam Hussein’s Weapons of Mass Destruction (WMDs) that was apparently ‘sexed up’ by Tony Blair’s Government, has spent the last year writing a detailed account of events leading up to the war.

He had intended to keep his work under lock and key and made available only to historians after his death.

But now Sir Richard has revealed to The Mail on Sunday that he could go public after the Chilcot Inquiry publishes its findings.

Sir Richard is expected to face censure from the inquiry’s chairman, Sir John Chilcot, over the accuracy of intelligence provided by MI6 agents inside Iraq – which was used in the so-called ‘dodgy dossier’.

In a bombshell email to the Mail on Sunday, Sir Richard, who is Master at Pembroke College, Cambridge University, disclosed: ‘What I have written (am writing) is a record of events surrounding the invasion of Iraq from my then professional perspective.

‘My intention is that this should be a resource available to scholars, but after my decease (may be sooner depending on what Chilcot publishes). I have no intention, however, of violating my vows of official secrecy by publishing any memoir.’

Sources close to Sir Richard say that while he accepts that some of MI6’s information on the WMDs was inaccurate, he insists that Chilcot should recognise the role played by Tony Blair and the Prime Minister’s chief spokesman Alastair Campbell in informing media reports which suggested Saddam could use chemical weapons to target British troops based in Cyprus – a claim which put Britain on a path to war in Iraq.

Mr Blair and Mr Campbell have repeatedly denied making misleading statements about WMD.

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But Sir Richard is said to remain extremely aggrieved that this piece of intelligence, which his agents stressed only referred to battlefield munitions which had a much shorter range, led to media reports that UK bases were under threat.

Last week it was revealed that Sir John had written to Prime Minister David Cameron informing him of his intention to write personally to those individuals he intends to criticise, with reports suggesting that Tony Blair is among those on Sir John’s list.

Sir Richard has taken a sabbatical from his duties at Cambridge University to research and write his record of events.

With his account nearing completion, he is expected to resume his Master’s role at the start of the new academic year.

A security source told The Mail on Sunday: ‘This is Sir Richard’s time-bomb. He wants to set the record straight and defend the integrity of MI6.

‘And Sir Richard has taken a lot of personal criticism over MI6’s performance and his supposedly too-cosy relationship with Mr Blair.

In flames: British soldiers under attack in the Iraqi town of Basra in 2004

‘No Chief of MI6 has done anything like this before, but the events in question were unprecedented.

‘If Chilcot doesn’t put the record straight, Sir Richard will strike back.’

After graduating from Cambridge, Sir Richard began his MI6 career in 1966 and was posted to Nairobi, Prague, Paris and Geneva before becoming head of station in Washington DC in 1991.

He returned to the UK two years later and became director of operations in 1994. He was appointed Chief, or ‘C’, in 1999.

In his first year, the IRA fired a rocket at the agency’s headquarters on the South Bank of the River Thames. This was followed in September 2001 by Al Qaeda’s attacks on the World Trade Center and the Pentagon in the United States.

The Parliamentary Intelligence and Security Committee subsequently accused MI6 of failing to respond with sufficient urgency to warnings that Islamic fundamentalists were planning such a major terrorist attack.

But last night the committee’s chairman, Sir Malcolm Rifkind, who was appointed in 2010, offered Sir Richard his support.

Sir Malcolm told The Mail on Sunday: ‘I have never heard of a former MI6 chief putting something out there in these terms but I would be interested in what Sir Richard has to say in response to the Chilcot Inquiry which is clearly going to have some meat in it.

‘I know Sir Richard and worked with him in the Foreign Office many years ago. He is a very able man of the highest character and a man of his own opinions. We shall have to wait to see what he says.’

Sir Richard, who was elected Master at Pembroke just weeks after leaving MI6, lives in an idyllic £1.2 million property in the college’s grounds.

Last night, Alastair Campbell and the office for Tony Blair declined to comment on Sir Richard’s account.

By Mark Nicol Defence Correspondent
PUBLISHED: 01:05 GMT, 21 July 2013 | UPDATED: 13:50 GMT, 21 July 2013

Find this story at 21 July 2013

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