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  • What’s the CIA doing at NYPD? Depends whom you ask

    WASHINGTON (AP) — Three months ago, one of the CIA’s most experienced clandestine operatives started work inside the New York Police Department. His title is special assistant to the deputy commissioner of intelligence. On that much, everyone agrees.

    Exactly what he’s doing there, however, is much less clear.

    Since The Associated Press revealed the assignment in August, federal and city officials have offered differing explanations for why this CIA officer — a seasoned operative who handled foreign agents and ran complex operations in Jordan and Pakistan — was assigned to a municipal police department. The CIA is prohibited from spying domestically, and its unusual partnership with the NYPD has troubled top lawmakers and prompted an internal investigation.

    His role is important because the last time a CIA officer worked so closely with the NYPD, beginning in the months after the 9/11 attacks, he became the architect of aggressive police programs that monitored Muslim neighborhoods. With the earlier help from this CIA official, the police put entire communities under the microscope based on ethnicity rather allegations of wrongdoing, according to the AP investigation.

    It was an extraordinary collaboration that at times troubled some senior CIA officials and may have stretched the bounds of how the CIA is legally allowed to operate in the United States.

    The arrangement surrounding the newly arrived CIA officer has been portrayed differently than that of his predecessor. When first asked by the AP, a senior U.S. official described the posting as a sabbatical, a program aimed at giving the man in New York more management training.

    Testifying at City Hall recently, New York Police Commissioner Raymond Kelly said the CIA operative provides his officers “with information, usually coming from perhaps overseas.” He said the CIA operative provides “technical information” to the NYPD but “doesn’t have access to any of our investigative files.”

    CIA Director David Petraeus has described him as an adviser, someone who could ensure that information was being shared.

    But the CIA already has someone with that job. At its large station in New York, a CIA liaison shares intelligence with the Joint Terrorism Task Force in New York, which has hundreds of NYPD detectives assigned to it. And the CIA did not explain how, if the officer doesn’t have access to NYPD files, he is getting management experience in a division built entirely around collecting domestic intelligence.

    James Clapper, the director of national intelligence, mischaracterized him to Congress as an “embedded analyst” — his office later quietly said that was a mistake — and acknowledged it looked bad to have the CIA working so closely with a police department.

    All of this has troubled lawmakers, including Sen. Dianne Feinstein, D-Calif., the chairwoman of the Senate Intelligence Committee, who has said the CIA has “no business or authority in domestic spying, or in advising the NYPD how to conduct local surveillance.”

    “It’s really important to fully understand what the nature of the investigations into the Muslim community are all about, and also the partnership between the local police and the CIA,” said Rep. Jan Schakowsky, D-Ill., a member of the House Intelligence Committee.

    Still, the undercover operative remains in New York while the agency’s inspector general investigates the CIA’s decade-long relationship with the NYPD. The CIA has asked the AP not to identify him because he remains a member of the clandestine service and his identity is classified.

    The CIA’s deep ties to the NYPD began after the attacks of Sept. 11, 2001, when CIA Director George Tenet dispatched a veteran officer, Larry Sanchez, to New York, where he became the architect of the police department’s secret spying programs.

    While still on the agency payroll, Sanchez, a CIA veteran who spent 15 years overseas in the former Soviet Union, South Asia, and the Middle East, instructed officers on the art of collecting information without attracting attention. He directed officers and reviewed case files.

    Sometimes, officials said, intelligence collected from NYPD’s operations was passed informally to the CIA.

    Sanchez also hand-picked an NYPD detective to attend the “Farm,” the CIA’s training facility where its officers are turned into operatives. The detective, who completed the course but failed to graduate, returned to the police department where he works today armed with the agency’s famed espionage skills.

    Also while under Sanchez’s direction, documents show that the NYPD’s Cyber Intelligence Unit, which monitors domestic and foreign websites, also conducted training sessions for the CIA.

    Sanchez was on the CIA payroll from 2002 to 2004 then took a temporary leave of absence from the CIA to become deputy to David Cohen, a former senior CIA officer who became head of the NYPD intelligence division just months after the 9/11 attacks.

    In 2007, the CIA’s top official in New York complained to headquarters that Sanchez was wearing two hats, sometimes operating as an NYPD official, sometimes as a CIA officer. At headquarters, senior officials agreed and told Sanchez he had to choose.

    He formally left the CIA, staying on at the NYPD until late 2010. He now works as a security consultant in the Persian Gulf region.

    Sanchez’s departure left Cohen scrambling to find someone with operational experience who could replace him. He approached several former CIA colleagues about taking the job but they turned him down, according to people familiar with the situation who, like others interviewed for this story, spoke on condition of anonymity to discuss the department’s inner workings.

    When they refused, Cohen persuaded the CIA to send the current operative to be his assistant.

    He arrived with an impressive post-9/11 resume. He had been the station chief in Pakistan and then Jordan, two stations that served as focal points in the war on terror, according to current and former officials who worked with him. He also was in charge of the agency’s Counter Proliferation Division.

    But he is no stranger to controversy. Former U.S. intelligence officials said he was nearly expelled from Pakistan after an incident during President George W. Bush’s first term. Pakistan became enraged after sharing intelligence with the U.S., only to learn that the CIA station chief passed that information to the British.

    Then, while serving in Amman, the station chief was directly involved in an operation to kill al-Qaida’s then-No. 2, Ayman al-Zawahri. But the plan backfired badly. The key informant who promised to lead the CIA to al-Zawahiri was in fact a double agent working for al-Qaida.

    At least one CIA officer saw problems in the case and warned the station chief but, as recounted in a new book “The Triple Agent” by Washington Post reporter Joby Warrick, the station chief decided to push ahead anyway.

    The informant blew himself up at remote CIA base in Khost, Afghanistan, in December 2009. He managed to kill seven CIA employees, including the officer who had warned the station chief, and wound six others. Leon Panetta, the CIA director at the time, called it a systemic failure and decided no one person was at fault.

    ___

    ADAM GOLDMAN AND MATT APUZZO
    ct. 17, 2011

    Find this story at 17 August 2011

    Contact the Washington investigative team at DCInvestigations(at)ap.org

    Read AP’s previous stories and documents about the NYPD at: http://www.ap.org/nypd

    Follow Goldman and Apuzzo at http://twitter.com/goldmandc and http://twitter.com/mattapuzzo

    © 2013 The Associated Press. All rights reserved. Terms and conditions apply. See AP.org for details.

    CIA accused of ‘pure intimidation’ to silence agents on Benghazi: reports

    Central Intelligence Agency operatives on the ground during the Sept. 11, 2011, fatal attack on America’s embassy in Benghazi have since been subjected to so many lie detector tests that several sources say they’re being bullied and threatened into silence.

    Some of the agents on the ground that day have been ordered to take multiple polygraph tests since January — and for some, it’s been a monthly detail, The Daily Mail reported.

    The paper cited sources with direct knowledge of the situation and said agents are being asked questions like: Are you talking about Benghazi with the media? Are you talking about the attacks with members of Congress?

    A source who spoke to CNN described the queries and polygraphs as “unprecedented,” and added, “You have no idea the amount of pressure being brought to bear on anyone with knowledge of this operation.”

    Another source said the CIA was exerting “pure intimidation” to silence the agents, The Daily Mail reported.

    CNN analyst Robert Baer said CIA operatives are normally subjected to internal agency questioning and lie detector tests once every few years, “never more than that,” The Daily Mail said.

    “If somebody is being polygraphed every month, or every two months, it’s called an issue polygraph, and that means that the polygraph division suspects something, or they’re looking for something, or they’re on a fishing expedition,” Mr. Baer said, in the report. “But it’s absolutely not routine at all to be polygraphed monthly, or bimonthly.”

    CIA spokesman Dean Boyd said the agency is not hiding anything.

    “CIA employees are always free to speak to Congress if they want,” he said in a statement reported by The Daily Mail. “We are not aware of any CIA employee who has experienced retaliation, including any non-routine security procedures, or who has been prevented from sharing a concern with Congress about the Benghazi incident.”

    CNN reported that up to 35 CIA agents had been on the ground in Benghazi as the attack progressed.

    By Cheryl K. Chumley
    Friday, August 2, 2013

    Find this story at 2 August 2013

    © Copyright 2013 The Washington Times, LLC.

    CIA ‘running arms smuggling team in Benghazi when consulate was attacked’

    The CIA has been subjecting operatives to monthly polygraph tests in an attempt to suppress details of a reported US arms smuggling operation in Benghazi that was ongoing when its ambassador was killed by a mob in the city last year, according to reports.

    Up to 35 CIA operatives were working in the city during the attack last September on the US consulate that resulted in the death of Ambassador Chris Stevens and three other Americans, according to CNN.

    The circumstances of the attack are a subject of deep division in the US with some Congressional leaders pressing for a wide-ranging investigation into suspicions that the government has withheld details of its activities in the Libyan city.

    The television network said that a CIA team was working in an annex near the consulate on a project to supply missiles from Libyan armouries to Syrian rebels.

    Sources said that more Americans were hurt in the assault spearheaded by suspected Islamic radicals than had been previously reported. CIA chiefs were actively working to ensure the real nature of its operations in the city did not get out.

    So only the losses suffered by the State Department in the city had been reported to Congress.
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    “Since January, some CIA operatives involved in the agency’s missions in Libya, have been subjected to frequent, even monthly polygraph examinations, according to a source with deep inside knowledge of the agency’s workings,” CNN reported.

    Frank Wolf, a US congressman who represents the district that contains CIA headquarters in Langley, Virginia, is one of 150 members of Congress for a new investigation into the failures in Benghazi.

    “I think it is a form of a cover-up, and I think it’s an attempt to push it under the rug, and I think the American people are feeling the same way,” he said. “We should have the people who were on the scene come in, testify under oath, do it publicly, and lay it out. And there really isn’t any national security issue involved with regards to that.”

    A CIA spokesman said it had been open about its activities in Benghazi.

    “The CIA has worked closely with its oversight committees to provide them with an extraordinary amount of information related to the attack on US facilities in Benghazi,” a CIA statement said. “CIA employees are always free to speak to Congress if they want,” the statement continued. “The CIA enabled all officers involved in Benghazi the opportunity to meet with Congress. We are not aware of any CIA employee who has experienced retaliation, including any non-routine security procedures, or who has been prevented from sharing a concern with Congress about the Benghazi incident.”

    By Damien McElroy
    11:06AM BST 02 Aug 2013

    Find this story at 2 August 2013

    © Telegraph Media Group Limited 2013

    Exclusive: Dozens of CIA operatives on the ground during Benghazi attack

    CNN has uncovered exclusive new information about what is allegedly happening at the CIA, in the wake of the deadly Benghazi terror attack.

    Four Americans, including Ambassador Christopher Stevens, were killed in the assault by armed militants last September 11 in eastern Libya.

    Programming note: Was there a political cover up surrounding the Benghazi attack that killed four Americans? Watch a CNN special investigation — The Truth About Benghazi, Tuesday at 10 p.m. ET.

    Sources now tell CNN dozens of people working for the CIA were on the ground that night, and that the agency is going to great lengths to make sure whatever it was doing, remains a secret.

    CNN has learned the CIA is involved in what one source calls an unprecedented attempt to keep the spy agency’s Benghazi secrets from ever leaking out.

    Read: Analysis: CIA role in Benghazi underreported

    Since January, some CIA operatives involved in the agency’s missions in Libya, have been subjected to frequent, even monthly polygraph examinations, according to a source with deep inside knowledge of the agency’s workings.

    The goal of the questioning, according to sources, is to find out if anyone is talking to the media or Congress.

    It is being described as pure intimidation, with the threat that any unauthorized CIA employee who leaks information could face the end of his or her career.

    In exclusive communications obtained by CNN, one insider writes, “You don’t jeopardize yourself, you jeopardize your family as well.”

    Another says, “You have no idea the amount of pressure being brought to bear on anyone with knowledge of this operation.”

    “Agency employees typically are polygraphed every three to four years. Never more than that,” said former CIA operative and CNN analyst Robert Baer.

    In other words, the rate of the kind of polygraphs alleged by sources is rare.

    “If somebody is being polygraphed every month, or every two months it’s called an issue polygraph, and that means that the polygraph division suspects something, or they’re looking for something, or they’re on a fishing expedition. But it’s absolutely not routine at all to be polygraphed monthly, or bi-monthly,” said Baer.

    CIA spokesman Dean Boyd asserted in a statement that the agency has been open with Congress.

    “The CIA has worked closely with its oversight committees to provide them with an extraordinary amount of information related to the attack on U.S. facilities in Benghazi,” the statement said.

    “CIA employees are always free to speak to Congress if they want,” the statement continued. “The CIA enabled all officers involved in Benghazi the opportunity to meet with Congress. We are not aware of any CIA employee who has experienced retaliation, including any non-routine security procedures, or who has been prevented from sharing a concern with Congress about the Benghazi incident.”

    Among the many secrets still yet to be told about the Benghazi mission, is just how many Americans were there the night of the attack.

    A source now tells CNN that number was 35, with as many as seven wounded, some seriously.

    While it is still not known how many of them were CIA, a source tells CNN that 21 Americans were working in the building known as the annex, believed to be run by the agency.

    The lack of information and pressure to silence CIA operatives is disturbing to U.S. Rep. Frank Wolf, whose district includes CIA headquarters in Langley, Virginia.

    “I think it is a form of a cover-up, and I think it’s an attempt to push it under the rug, and I think the American people are feeling the same way,” said the Republican.

    “We should have the people who were on the scene come in, testify under oath, do it publicly, and lay it out. And there really isn’t any national security issue involved with regards to that,” he said.

    Wolf has repeatedly gone to the House floor, asking for a select committee to be set-up, a Watergate-style probe involving several intelligence committee investigators assigned to get to the bottom of the failures that took place in Benghazi, and find out just what the State Department and CIA were doing there.

    More than 150 fellow Republican members of Congress have signed his request, and just this week eight Republicans sent a letter to the new head of the FBI, James Comey, asking that he brief Congress within 30 days.

    Read: White House releases 100 pages of Benghazi e-mails

    In the aftermath of the attack, Wolf said he was contacted by people closely tied with CIA operatives and contractors who wanted to talk.

    Then suddenly, there was silence.

    “Initially they were not afraid to come forward. They wanted the opportunity, and they wanted to be subpoenaed, because if you’re subpoenaed, it sort of protects you, you’re forced to come before Congress. Now that’s all changed,” said Wolf.

    Lawmakers also want to know about the weapons in Libya, and what happened to them.

    Speculation on Capitol Hill has included the possibility the U.S. agencies operating in Benghazi were secretly helping to move surface-to-air missiles out of Libya, through Turkey, and into the hands of Syrian rebels.

    It is clear that two U.S. agencies were operating in Benghazi, one was the State Department, and the other was the CIA.

    The State Department told CNN in an e-mail that it was only helping the new Libyan government destroy weapons deemed “damaged, aged or too unsafe retain,” and that it was not involved in any transfer of weapons to other countries.

    But the State Department also clearly told CNN, they “can’t speak for any other agencies.”

    The CIA would not comment on whether it was involved in the transfer of any weapons.

    Posted by Drew Griffin, Kathleen Johnston
    August 1st, 2013
    05:00 PM ET

    Find this story at 1 August 2013

    © 2012 Cable News Network

    Analysis: CIA role in Benghazi underreported

    To really understand the push-pull over the bungled talking points in the wake of the Benghazi attack, you have to understand the nature of the U.S. presence in that city.

    Officially, the U.S. presence was a diplomatic compound under the State Department’s purview.

    “The diplomatic facility in Benghazi would be closed until further notice,” then-State Department spokeswoman Victoria Nuland announced last October.

    But in practice – and this is what so few people have focused on – the larger U.S. presence was in a secret outpost operated by the CIA.

    About 30 people were evacuated from Benghazi the morning after the deadly attack last September 11; more than 20 of them were CIA employees.

    Clearly the larger mission in Benghazi was covert.

    The CIA had two objectives in Libya: countering the terrorist threat that emerged as extremists poured into the unstable country, and helping to secure the flood of weapons after the fall of Moammar Gadhafi that could have easily been funneled to terrorists.

    The State Department was the public face of the weapons collection program.

    “One of the reasons that we and other government agencies were present in Benghazi is exactly that. We had a concerted effort to try to track down and find and recover as many MANPADS [man-portable air defense systems], and other very dangerous weapons as possible,” former Secretary of State Hillary Clinton testified before Congress in January.

    The CIA’s role during and after the attacks at the diplomatic post and the CIA annex in Benghazi have so far escaped much scrutiny.

    The focus has been on the failure of the State Department to heed growing signs of the militant threat in the city and ensure adequate security, and on the political debate over why the White House seemed to downplay what was a terrorist attack in the weeks before the presidential election.

    But the public needs to know more about the agency’s role, said Republican congressman Frank Wolf, of Virginia.

    “There are questions that must be asked of the CIA and this must be done in a public way,” said Wolf.

    Sources at the State Department say this context explains why there was so much debate over those talking points. Essentially, they say, the State Department felt it was being blamed for bungling what it saw as largely a CIA operation in Benghazi.

    Current and former U.S. government officials tell CNN that then-CIA director David Petraeus and others in the CIA initially assessed the attack to have been related to protests against an anti-Muslim video produced in the United States.

    They say Petraeus may have been reluctant to conclude it was a planned attack because that would have been acknowledging an intelligence failure.

    Internally at the CIA, sources tell CNN there was a big debate after the attacks to acknowledge that the two former Navy SEALs killed – Tyrone Woods and Glen Doherty – were CIA employees. At a 2010 attack in Khost, Afghanistan, when seven CIA officers were killed in the line of duty, the agency stepped forward and acknowledged their service and sacrifice. But in this instance – for reasons many in the Obama administration did not fully understand – it took the CIA awhile to “roll back their covers.” Petraeus did not attend their funerals.

    Wolf said he and his office are getting calls from CIA officials who want to talk and want to share more.

    “If you’re 50 years old and have two kids in college, you’re not going to give your career up by coming in, so you also need subpoena power,” said the Republican congressman. “Let people come forward, subpoena them to give them the protection so they can’t be fired.”

    But is the secrecy surrounding the CIA’s presence in Benghazi the reason for the administration’s fumble after fumble when trying to explain what happened the night of the attack?

    There were 12 versions of talking points before a watered down product was agreed upon– suggesting an inter-government squabble over words that would ultimately lay the blame on one agency, or the other.

    Perhaps the State Department did not want to get in the line of fire for a CIA operation that they in many ways were just the front for, the CIA “wearing their jacket,” as one current government official put it.

    The CIA did have an informal arrangement to help the mission if needed, but it was not the primary security for the mission. The State Department had hired local guards for protection.

    People at the CIA annex did respond to calls for help the night of the attack. But despite being only a mile away, it took the team 20 to 30 minutes to get there. Gathering the appropriate arms and other resources was necessary.

    None of this diminishes questions about how the White House, just weeks before the presidential election, seemed to downplay that this was a terrorist attack. Or the State Department’s initial refusal to acknowledge that it had not provided adequate security for its own officials there.

    But the role of the CIA, its clear intelligence failure before the attack, and – as it continued to push the theory of the anti-Muslim video – after the attack, bears more scrutiny as well.

    Posted by Jake Tapper
    May 15th, 2013
    07:48 PM ET

    Find this story at 15 May 2013

    © 2012 Cable News Network

    Letting us in on a secret

    When House Republicans called a hearing in the middle of their long recess, you knew it would be something big, and indeed it was: They accidentally blew the CIA’s cover.

    The purpose of Wednesday’s hearing of the Oversight and Government Reform Committee was to examine security lapses that led to the killing in Benghazi last month of the U.S. ambassador to Libya and three others. But in doing so, the lawmakers reminded us why “congressional intelligence” is an oxymoron.

    Through their outbursts, cryptic language and boneheaded questioning of State Department officials, the committee members left little doubt that one of the two compounds at which the Americans were killed, described by the administration as a “consulate” and a nearby “annex,” was a CIA base. They did this, helpfully, in a televised public hearing.

    Rep. Jason Chaffetz (R-Utah) was the first to unmask the spooks. “Point of order! Point of order!” he called out as a State Department security official, seated in front of an aerial photo of the U.S. facilities in Benghazi, described the chaotic night of the attack. “We’re getting into classified issues that deal with sources and methods that would be totally inappropriate in an open forum such as this.”

    A State Department official assured him that the material was “entirely unclassified” and that the photo was from a commercial satellite. “I totally object to the use of that photo,” Chaffetz continued. He went on to say that “I was told specifically while I was in Libya I could not and should not ever talk about what you’re showing here today.”

    Now that Chaffetz had alerted potential bad guys that something valuable was in the photo, the chairman, Darrell Issa (R-Calif.), attempted to lock the barn door through which the horse had just bolted. “I would direct that that chart be taken down,” he said, although it already had been on C-SPAN. “In this hearing room, we’re not going to point out details of what may still in fact be a facility of the United States government or more facilities.”

    May still be a facility? The plot thickened — and Chaffetz gave more hints. “I believe that the markings on that map were terribly inappropriate,” he said, adding that “the activities there could cost lives.”

    In their questioning and in the public testimony they invited, the lawmakers managed to disclose, without ever mentioning Langley directly, that there was a seven-member “rapid response force” in the compound the State Department was calling an annex. One of the State Department security officials was forced to acknowledge that “not necessarily all of the security people” at the Benghazi compounds “fell under my direct operational control.”

    And whose control might they have fallen under? Well, presumably it’s the “other government agency” or “other government entity” the lawmakers and witnesses referred to; Issa informed the public that this agency was not the FBI.

    “Other government agency,” or “OGA,” is a common euphemism in Washington for the CIA. This “other government agency,” the lawmakers’ questioning further revealed, was in possession of a video of the attack but wasn’t releasing it because it was undergoing “an investigative process.”

    Or maybe they were referring to the Department of Agriculture.

    That the Benghazi compound had included a large CIA presence had been reported but not confirmed. The New York Times, for example, had reported that among those evacuated were “about a dozen CIA operatives and contractors.” The paper, like The Washington Post, withheld locations and details of the facilities at the administration’s request.

    But on Wednesday, the withholding was on hold.

    The Republican lawmakers, in their outbursts, alternated between scolding the State Department officials for hiding behind classified material and blaming them for disclosing information that should have been classified. But the lawmakers created the situation by ordering a public hearing on a matter that belonged behind closed doors.

    Republicans were aiming to embarrass the Obama administration over State Department security lapses. But they inadvertently caused a different picture to emerge than the one that has been publicly known: that the victims may have been let down not by the State Department but by the CIA. If the CIA was playing such a major role in these events, which was the unmistakable impression left by Wednesday’s hearing, having a televised probe of the matter was absurd.

    The chairman, attempting to close his can of worms, finally suggested that “the entire committee have a classified briefing as to any and all other assets that were not drawn upon but could have been drawn upon” in Benghazi.

    Good idea. Too bad he didn’t think of that before putting the CIA on C-SPAN.

    danamilbank@washpost.com
    By Dana Milbank,

    Find this story at 10 October 2012

    © The Washington Post Company

    New Information About CIA Extraordinary Rendition Program Highlights Need For Transparency, Accountability

    We may be finally learning more about the CIA’s involvement in the 2003 abduction and rendition to torture of a Muslim cleric, Hassan Mustafa Nasr (aka Abu Omar). This week, Sabrina De Sousa confirmed that she was a former CIA undercover officer, and provided new details about events that led to the first (and, to date, only) prosecutions and convictions for abuses committed by U.S. officials as part of its “extraordinary rendition” program. Her account highlights the desperate need for the United States to thoroughly investigate the role of government officials in acts of torture and extraordinary rendition committed in the years following 9/11.

    In 2003, CIA agents seized Abu Omar from the streets of Milan, Italy and rendered him to Egypt for interrogation and torture by Egyptian officials. He was later released without charge or trial.

    In September 2012, Italy’s highest court affirmed the in absentia convictions of 23 Americans, including De Sousa, and two Italians involved in Abu Omar’s kidnapping and torture. The ACLU opposes trials in absentia, which raise serious due process concerns; the Italian proceedings serve as a reminder, however, of the lack of accountability in the United States for CIA abuses. De Sousa, who was sentenced by the Italian court to seven years in prison, had previously denied any involvement with the CIA, claiming instead that she was a State Department employee and that she should have been granted diplomatic immunity from prosecution.

    De Sousa now admits that at the time of the extraordinary rendition, she was a CIA agent and involved in the rendition as a translator between the CIA snatch team and their Italian counterparts. Incensed for “being held accountable for decisions that someone else took,” De Sousa has provided shocking – but by no means surprising – details about the extraordinary rendition operation in a series of recent interviews with McClatchy Press.

    De Sousa revealed that the former CIA station chief in Rome, Jeffrey Castelli, had exaggerated the threat Abu Omar posed in order to win approval for the extraordinary rendition, and misled his superiors into believing that Italian military intelligence had agreed to the operation. She also claims that the extraordinary rendition was approved at the highest levels of government despite doubts about the threat Nasr posed; those involved in the decision-making process, she says, included former CIA director George Tenet; Condoleezza Rice, who was national security advisor at the time; and then-President Bush. (Among those convicted, Robert Lady, the CIA’s former Milan station chief, was sentenced in absentia to nine years for his involvement in the rendition; read De Sousa’s account for more on his case.)

    De Sousa’s revelations highlight the need for greater transparency and accountability by the United States government for the torture and abuse that occurred during the Bush administration. Criminal investigations initially opened into specific allegations of abuse have all been closed and the government has consistently shut down attempts to challenge its actions in court through claims of state secrets and immunity. Other nations, such as Italy, however, have taken a different approach.

    Click here to learn how different countries have pursued accountability for their roles in the U.S. torture and rendition program.

    In addition, the European Court of Human Rights recently agreed to consider a second case against Poland over allegations from another former CIA prisoner, Zayn al-Abidin Muhammad Husayn (known as Abu Zubaydah), who was tortured while held in a secret CIA-run prison in Poland. While these measures are an important step in ensuring accountability for U.S. actions on the global stage, they do not absolve the U.S. from its own responsibility under international law to hold those who were responsible for CIA abuses accountable, and release information about the unlawful activities carried out as part of the extraordinary rendition program. An important starting point should be the declassification and publication of the Senate Select Intelligence Committee report, the only official account of the CIA’s torture and abuse. De Sousa may have provided important information on one specific extraordinary rendition, but we need far more to ensure that abuses committed by the United States are fully brought to light.

    07/31/2013
    By Allison Frankel, ACLU Human Rights Program at 2:39pm

    Find this story at 31 July 2013

    Accountability for Torture: Infographic

    © ACLU

    Senate and C.I.A. Spar Over Secret Report on Interrogation Program

    WASHINGTON — The chairwoman of the Senate Intelligence Committee says she is planning a push to declassify hundreds of pages of a secret committee report that accuses the Central Intelligence Agency of misleading Congress and the White House about the agency’s detention and interrogation program, which is now defunct.

    The 6,000-page report, which took years to complete and cost more than $40 million, is the only detailed account to date of a program that set off a national debate about torture. The report has been the subject of a fierce partisan fight and a vigorous effort by the C.I.A. to challenge its conclusions, and last month, the agency’s director, John O. Brennan, delivered a lengthy rebuttal to the report to committee leaders.

    But the committee’s chairwoman, Senator Dianne Feinstein, Democrat of California, said in a statement this week that the report was on “firm ground” and that she planned to ask the White House and C.I.A. to declassify its 300-page executive summary after “making any factual changes to our report that are warranted after the C.I.A.’s response.”

    The committee’s top Republican, Senator Saxby Chambliss of Georgia, said he believed the report was deeply flawed and agreed with the intelligence agency’s critique. But he said he believed that a summary of the report could be made public, as long as it was accompanied by a summary of the agency’s response and a dissenting statement from committee Republicans.

    The clash over the report is, at its core, a fight over who writes the history of what is perhaps the most bitterly disputed part of the American government’s response to the Sept. 11, 2001, terrorist attacks. More than four years have passed since the C.I.A. closed its secret prisons, and nearly a decade since agency interrogators subjected Qaeda detainees to the most brutal interrogation methods, including the near-drowning technique known as waterboarding.

    For defenders of the interrogation program, the Senate criticism represents second-guessing of actions taken at a desperate time to stop terrorist attacks. For critics, the report is a first step toward coming to terms with a shameful departure from American values that included the official embrace of torture.

    According to several people who have read it, the Senate report is particularly damning in its portrait of a C.I.A. so intent on justifying extreme interrogation techniques that it blatantly misled President George W. Bush, the White House, the Justice Department and the Congressional intelligence committees about the efficacy of its methods.

    Several senators have also said the report concludes that the use of waterboarding, wall-slamming, shackling in painful positions, forced nudity and sleep deprivation produced little information of value. It concludes that the use of those techniques did not disrupt any terrorist plots and made no significant contribution to finding Osama bin Laden, the Qaeda founder, who was killed in a SEAL team raid in 2011.

    The C.I.A. response challenges a number of these conclusions, in part by questioning the accuracy of facts cited in the report.

    A C.I.A. spokesman, Dean Boyd, said the agency’s response “detailed significant errors in the study,” though he added that the agency “agrees with a number of the study’s findings.”

    In a separate statement, Mr. Brennan made clear his continuing opposition to coercive interrogation methods, which were used by the agency when he held high-level positions. “I remain firm in my belief that enhanced interrogation techniques are not an appropriate method to obtain intelligence and that their use impairs our ability to play a leadership role in the world,” he said.

    Mr. Chambliss said the report’s shortcomings stemmed from its being based exclusively on documents. “The folks doing the report got 100 percent of their information from documents and didn’t interview a single person,” he said, adding that while there were “some abuses,” the program was more effective than the report concludes.

    The committee completed its report late last year and submitted it to the C.I.A., where it sat for months. The agency’s response to the report was due in February, but it was not delivered to the committee until the end of June.

    Senator Jay Rockefeller, Democrat of West Virginia, suggested that the committee would not automatically accept the agency’s corrections to the report. “My colleagues and I will apply the same level of scrutiny to the C.I.A.’s response that we used during our own exhaustive review of the program,” he said.

    Some Democratic lawmakers and human rights advocates are frustrated that the White House has remained largely absent from the debate, though a May 10 photograph on the White House Flickr feed shows Mr. Brennan speaking with President Obama while holding a copy of the C.I.A. response to the Senate report.

    In a statement on Friday, Caitlin Hayden, a White House spokeswoman, urged the committee and the C.I.A. “to continue working together to address issues associated with the report — including factual questions.”

    She said that at some point, “some version of the findings of the report should be made public.”

    Senator Mark Udall, Democrat of Colorado, said that squarely facing the mistakes of the interrogation program was “essential for the C.I.A.’s long-term institutional integrity, for the legitimacy of ongoing sensitive programs, and for this White House, which so far has rejected requests to discuss the Senate Intelligence Committee’s report with members or committee staff.”

    Though the committee’s investigation began as a bipartisan effort, Republicans dropped out in August 2009 after Attorney General Eric H. Holder Jr. announced that the Justice Department was reviewing the interrogation program. In part because they expected many C.I.A. officers to refuse to discuss the program during the Justice Department review, committee Democrats decided to base their investigation solely on documents, ultimately reviewing some six million pages.

    The costs of the investigation ballooned over four years. The C.I.A. insisted that committee staff members be allowed to pore over thousands of classified agency cables only at a secure facility in Northern Virginia — and only after a team of outside contractors had examined the cables first. Government officials said that between paying for the facility and for the contractors, the C.I.A. had spent more than $40 million on the study.

    Mrs. Feinstein angrily complained about what she called a pattern of unnamed officials speaking to reporters to discredit the Senate report.

    “I am appalled by the persistent media leaks by anonymous officials regarding the C.I.A.’s response to the committee’s study,” she said, adding that the leaks began three months before the agency delivered its formal response.

    “Leaks defending the C.I.A. interrogation program regardless of underlying facts or costs have been a persistent problem for many years,” she said. “This behavior was, and remains, unacceptable.”

    July 19, 2013
    By MARK MAZZETTI and SCOTT SHANE

    Find this story at 19 July 2013

    © 2013 The New York Times Company

    U.S. allowed Italian kidnap prosecution to shield higher-ups, ex-CIA officer says

    A former CIA officer has broken the U.S. silence around the 2003 abduction of a radical Islamist cleric in Italy, charging that the agency inflated the threat the preacher posed and that the United States then allowed Italy to prosecute her and other Americans to shield President George W. Bush and other U.S. officials from responsibility for approving the operation.

    Confirming for the first time that she worked undercover for the CIA in Milan when the operation took place, Sabrina De Sousa provided new details about the “extraordinary rendition” that led to the only criminal prosecution stemming from the secret Bush administration rendition and detention program launched after the Sept. 11, 2001, attacks.

    The cleric, Osama Mustapha Hassan Nasr, was snatched from a Milan street by a team of CIA operatives and flown to Egypt, where he was held for the better part of four years without charges and allegedly tortured. An Egyptian court in 2007 ruled that his imprisonment was “unfounded” and ordered him released.

    Among the allegations made by De Sousa in a series of interviews with McClatchy:

    – The former CIA station chief in Rome, Jeffrey Castelli, whom she called the mastermind of the operation, exaggerated Nasr’s terrorist threat to win approval for the rendition and misled his superiors that Italian military intelligence had agreed to the operation.

    – Senior CIA officials, including then-CIA Director George Tenet, approved the operation even though Nasr wasn’t wanted in Egypt and wasn’t on the U.S. list of top al Qaida terrorists.

    – Condoleezza Rice, then the White House national security adviser, also had concerns about the case, especially what Italy would do if the CIA were caught, but she eventually agreed to it and recommended that Bush approve the abduction.

    De Sousa said her assertions are based on classified CIA cables that she read before resigning from the agency in February 2009, as well as on Italian legal documents and Italian news reports. She denies that she was involved in the operation, though she acknowledges that she served as the interpreter for a CIA “snatch” team that visited Milan in 2002 to plan the abduction.

    “I was being held accountable for decisions that someone else took and I wanted to see on what basis the decisions were made,” she said, explaining why she had delved into the CIA archives. “And especially because I was willing to talk to the Hill (Congress) about this because I knew that the CIA would not be upfront with them.”

    “I don’t have any of the cables with me. Please put that down,” De Sousa added with a nervous laugh, her unease reflecting the Obama administration’s unprecedented crackdown on leaks of classified information to journalists.

    De Sousa is one of only a handful of former CIA officers who’ve spoken openly about the secret renditions in which suspected terrorists overseas were abducted without legal proceedings and then interrogated by other nations’ security services.

    More than 130 people were “rendered” in this way, according to a February 2013 study by the Open Society Justice Initiative, a U.S.-based group that promotes the rule of law. Many were tortured and abused, and many, including Nasr, were freed for lack of proof that they were hatching terrorist plots, said Amrit Singh, the study’s author.

    Human rights groups and many legal experts denounce rendition as violating not only U.S. and international law, but also the laws of the nations where abductions occurred and of the countries to which suspected terrorists were sent. In December 2005, Rice defended renditions as legal, however, calling them a “vital tool” that predated the 9/11 attacks. She denied that the United State “transported anyone . . . to a country where we believe he or she will be tortured.”

    The Bush and Obama administrations have never acknowledged U.S. involvement in the Nasr rendition, which makes De Sousa’s decision to speak publicly about it significant, Singh said.

    “Any public account of what happened and who was ultimately responsible is of considerable interest,” she said. “Despite the scale of the human rights violations associated with the rendition program, the United States hasn’t held a single individual accountable.”

    The CIA declined to comment, but a former senior U.S. intelligence official called De Sousa’s narrative “fairly consistent” with the recollections of other former CIA officials with knowledge of the operation. He asked not to be further identified because the matter remains classified.

    “There was concern on the seventh floor about this operation,” he said, referring to the executive offices at the CIA’s headquarters in Langley, Va. “But they were reassured” by the Rome station and the agency’s European directorate that “everything was OK and everyone was on board in the country in question.”

    De Sousa accused Italian leaders of colluding with the United States to shield Bush, Rice, Tenet and senior CIA aides by declining to prosecute them or even demanding that Washington publicly admit to staging the abduction.

    Calling the operation unjustified and illegal, De Sousa said Italy and the United States cooperated in “scape-goating a bunch of people . . . while the ones who approved this stupid rendition are all free.”

    The Senate and House intelligence committees enabled the coverup, De Sousa added, by failing to treat her as a whistleblower after she told them of the lack of prosecutable evidence against Nasr and what she called her own mistreatment by the CIA that compelled her to resign in 2009.

    “Despite that, no one’s been held accountable,” she said.

    De Sousa, 57, a naturalized U.S. citizen from India’s state of Goa, was one of 23 Americans convicted in absentia in 2009 by a Milan court for Nasr’s abduction. She received a five-year sentence. An appeals court in 2011 added two more years, and Italy’s Supreme Court upheld the sentence. Nineteen of the Americans, De Sousa said, “don’t exist,” because they were aliases used by the CIA snatch team.

    The case drew fresh attention this month when Panama detained Robert Seldon Lady, the CIA’s former Milan station chief, whom the Italian court had sentenced to nine years in prison. But Panama released him within 24 hours and allowed him to fly to the United States, rather than wait for Italy to request his extradition.

    Another convicted American, Air Force Col. Joseph Romano, who oversaw security at Aviano, the U.S. base from which Nasr was flown out of Italy, received a seven-year term. But Italian President Giorgio Napolitano pardoned him in April under U.S. pressure.

    The Bush and the Obama administrations, however, have refused to ask Italy to do the same for De Sousa, who insists that she qualified for diplomatic immunity as a second secretary accredited to the U.S. Embassy in Rome.

    “It’s always the minions of the federal government who are thrown under the bus by officials who consistently violate international law and sometimes domestic law and who are all immune from prosecution,” De Sousa said. “Their lives are fine. They’re making millions of dollars sitting on (corporate) boards.”

    De Sousa’s interviews with McClatchy are the first in which she’s publicly disclosed her decade-long career in the CIA’s undercover arm, the National Clandestine Service. She’s discussed the case with news media before, but insisted in those interviews and in Italian legal proceedings that she was a diplomat.

    Her only connection to the rendition, she said, was translating between the CIA snatch team and officers from the Italian military intelligence service formerly known by the acronym SISMi.

    The translating stint “was legal at the time because SISMi was involved” in planning Nasr’s rendition, although SISMi later refused to participate, she said. She said that she was away with her son on a skiing trip when Nasr was abducted.

    According to De Sousa, the Bush administration had two thresholds for an extraordinary rendition: A target had to be on a U.S. list of top al Qaida terrorists who posed “a clear and imminent danger” to American and allied lives, and the nation where an operation was planned had to make the arrest.

    Neither occurred with Nasr, De Sousa said.

    A cleric who preached holy war against the West, Nasr, who is also known as Abu Omar, was living in Italy under a grant of political asylum when he was accosted Feb. 17, 2003, by black-suited men on a Milan street as he walked to his mosque. He was bundled into a white van and driven to Aviano, from which he was flown to Germany and then to Egypt.

    A member of a banned Egyptian Islamist group, Nasr was being investigated at the time by an Italian anti-terrorist police unit known as DIGOS, which had a warrant to eavesdrop on him. He allegedly had close ties to al Qaida and other Islamist groups and arranged for militants to travel to fight in Afghanistan, Iraq and elsewhere.

    But DIGOS made no move to arrest Nasr, De Sousa said, because it had no evidence that he was plotting any attacks. He knew that he was being monitored, she said.

    Castelli, however, was eager to pull off a rendition, she said, explaining that after 9/11, “everyone around the world” was being pressed by CIA headquarters to “do something” against al Qaida. Castelli, she said, was ambitious and saw a rendition as a ticket to promotion.

    “Castelli went to SISMi to ask them to work on the rendition program, and SISMi says no,” De Sousa recounted. That, however, “didn’t stop Jeff,” she said.

    Castelli did not respond to a request for comment.

    Neither did Lady’s reservations, she said. Close to the DIGOS officer investigating Nasr, Lady often complained to De Sousa that the rendition “made no sense,” because DIGOS had Nasr under surveillance. But the CIA station in “Rome kept constantly pressuring him to proceed with their plans,” she said. Her assertion was corroborated by Lady in an interview with GQ magazine in 2007.

    Castelli “was hell-bent on doing a rendition,” she said, and he pressed the director of SISMi at the time, Nicollo Pollari, throughout 2002 to agree, according to cables De Sousa found between Castelli and CIA headquarters.

    “This is very important, because there is a written trail of what was going on,” she said.

    Pollari refused to budge, telling Castelli that the rendition would be “an illegal operation . . . unless the magistrates approved it,” De Sousa said. Pollari, she said, wanted to wait until the Italian Parliament passed intelligence reform legislation that would have allowed SISMi broader counterterrorism powers.

    Castelli’s superiors at Langley insisted that SISMi and Prime Minister Silvio Berlusconi had to agree to the operation, or “they couldn’t go to Condoleezza Rice and the president of the United States” for authorization, De Sousa said.

    “So what does Castelli say? Castelli says, ‘Well, I talked to Pollari and he’s not going to put anything in writing. But wink, wink, nod, nod. You know, wink, wink, he’s provided a tacit sort of approval. They are not going to put anything in writing,’” she said.

    In an “assessment cable” to CIA headquarters laying out his case for Nasr’s rendition, De Sousa said, Castelli cited the cleric’s suspected al Qaida links and referred to a conversation recorded by DIGOS in which Nasr and another man mused about possibly attacking a bus belonging to the American School of Milan.

    Yet DIGOS wasn’t “overly concerned because there really wasn’t anything . . . to show that he was actually going to do this,” De Sousa said. “If they thought he (Nasr) was going to go bomb something right away, they would have stopped him, right? It’s not in the . . . Italians’ interest . . . for anything to happen on Italian soil of that nature, because the majority of the students were Italian or nationalities other than American.”

    “That happened in 2002, and Nasr wasn’t rendered until 2003. So what imminent danger was that?” she asked.

    The rendition had another problem: There was no outstanding arrest warrant for Nasr from Egypt, she said. To resolve the issue, Castelli asked the CIA’s Cairo station to request one from Omar Suleiman, the powerful intelligence czar for Egyptian President Hosni Mubarak. The warrant was issued. Later, after Nasr had been turned over to the Egyptians, the CIA station in Cairo asked Castelli for the evidence the Egyptians needed to prosecute.

    “Castelli wrote back and said, ‘I thought you had the information. That’s why you issued the arrest warrant,’” De Sousa said. Cairo replied that Egypt had issued the warrant only “because you needed an arrest warrant.”

    Despite concerns with the strength of Castelli’s case, CIA headquarters still agreed to move forward and seek Rice’s approval, De Sousa said. She recalled reading a cable from late 2002 that reported that Rice was worried about whether CIA personnel “would go to jail” if they were caught.

    In response, she said, Castelli wrote that any CIA personnel who were caught would just be expelled from Italy “and SISMi will bail everyone out.”

    Of her CIA superiors, De Sousa said, “They knew this (the rendition) was bullshit, but they were just allowing it. These guys approved it based on what Castelli was saying even though they knew it never met the threshold for rendition.”

    Asked which agency officials would have been responsible for reviewing the operation and agreeing to ask Rice for Bush’s authorization, De Sousa said they would have included Tenet; Tyler Drumheller, who ran the CIA’s European operations; former CIA Director of Operations James Pavitt and his then-deputy, Stephen Kappes; Jose Rodriguez, then the head of the CIA’s Counterterrorism Center, and former acting CIA General Counsel John Rizzo.

    An Italian prosecutor began investigating the CIA’s role in Nasr’s disappearance in 2004, carefully building a case based on the CIA rendition team’s sloppy use of cellular telephones and credit cards. By then De Sousa had returned to the United States and had assumed a new CIA position at headquarters.

    She was charged by Italian authorities in 2006 in the last of three sets of indictments.

    The Bush administration remained silent on the Italian charges and ignored De Sousa’s pleas to invoke diplomatic immunity on her behalf. The CIA barred her from contacting her Italian state-appointed public defender, she said, and refused to pay for a private lawyer. The CIA also ordered her not to leave the country, an order she says she disobeyed to fly to India to see her father for the last time as he lay dying from cancer.

    De Sousa later learned that Rice, after becoming secretary of state, wanted to give her immunity, but that the CIA “told Rice not to” because doing so would have “been admitting that the rendition took place,” De Sousa said.

    Meanwhile, Castelli, who has retired from the CIA, escaped conviction after an Italian judge conferred diplomatic immunity on him even though Washington hadn’t asked for it, De Sousa said. Earlier this year, an appeals court revoked his immunity and sentenced him in absentia to seven years in jail.

    De Sousa said that she has tried for years to report what she said was the baseless case for Nasr’s abduction and her shoddy treatment by the CIA and two administrations.

    Her pleas and letters, however, were ignored by successive U.S. intelligence leaders, the CIA inspector general’s office, members and staff of the House and Senate intelligence committees, Rice, former Secretary of State Hillary Clinton and Attorney General Eric Holder, said De Sousa.

    She briefly made headlines when she sued the CIA, the State Department and Clinton in 2009 in a bid to secure her diplomatic immunity, but lost. U.S. District Court Judge Beryl A. Howell, however, declared herself troubled by the government’s treatment of De Sousa, which she said sent a “potentially demoralizing” message to U.S. employees serving overseas.

    De Sousa wanted to resign from the CIA earlier than she did, but, she said, her attorney persuaded her to wait for Barack Obama to take office because he might be more sympathetic to her case.

    “We thought, ‘Hope and change.’ But no hope and change happened,” she said.

    “My life has been hell,” De Sousa said, explaining that her Italian conviction left her career in ruins, crippled her ability to find a good paying private-sector job and left her liable to arrest abroad. Her resignation, which she submitted after the CIA barred her from visiting her ailing, elderly mother in Goa for Christmas, and then refused to fly her mother to the United States, left her without a pension.

    “In addition to losing your pension, you’re blacklisted in Washington,” De Sousa said. “Anyone who has anything to do with the agency will never hire you. I lost my clearances.”

    Asked why she’d agreed to be interviewed, De Sousa replied, “I find this coverup so egregious. That’s why I find it really important to talk about this. Look at the lives ruined, including that of Abu Omar. And I was caught in the crossfire of anger directed at U.S. policy.”

    Now, she noted, she also could face prosecution in the United States for revealing what she has. “You’ve seen what’s happened lately to anyone who has tried to disclose anything,” she said.

    But her treatment, she said, provides a warning to U.S. employees serving around the world. If they get prosecuted while doing their jobs, she said, “You have no protection whatsoever. Zero.”

    McClatchy Washington Bureau
    Posted on Sat, Jul. 27, 2013
    By Jonathan S. Landay | McClatchy Washington Bureau
    last updated: July 29, 2013 06:21:18 AM

    Find this story at 29 July 2013

    © McClatchy Washington Bureau

    This CIA Operative Indicted for Extraordinary Renditions Vanished from the Map—Twice

    He came and he went: that was the joke that circulated in 1979 when 70-year-old former Vice President Nelson Rockefeller had a heart attack and died [4] in his Manhattan townhouse in the presence of his evening-gown-clad [5] 25-year-old assistant. In a sense, the same might be said of retired CIA operative Robert Seldon Lady.

    Recently, Lady proved a one-day wonder. After years in absentia — poof! He reappeared out of nowhere on the border between Panama and Costa Rica, and made the news when Panamanian officials took him into custody on an Interpol warrant. The CIA’s station chief in Milan back in 2003, he had achieved brief notoriety for overseeing a la dolce vita version [6] of extraordinary rendition as part of Washington’s Global War on Terror. His colleagues kidnapped Hassan Mustafa Osama Nasr, a radical Muslim cleric and terror suspect, off the streets of Milan [7], and rendered him via U.S. airbases in Italy and Germany to the torture chambers [8] of Hosni Mubarak’s Egypt. Lady evidently rode shotgun on that transfer.

    His Agency associates proved to be the crew that couldn’t spook straight. They left behind such a traceable trail of five-star-hotel and restaurant bills, charges on false credit cards, and unencrypted cell phone calls that the Italian government tracked them down [9], identified them, and charged [10] 23 of them, Lady included, with kidnapping.

    Lady fled Italy, leaving behind a multimillion-dollar villa near Turin meant for his retirement. (It was later confiscated and sold to make restitution payments [8] to Nasr.) Convicted in absentia in 2009, Lady received a nine-year sentence (later reduced to six). He had by then essentially vanished after admitting to an Italian newspaper, “Of course it was an illegal operation. But that’s our job. We’re at war against terrorism.”

    Last week, the Panamanians picked him up. It was the real world equivalent of a magician’s trick. He was nowhere, then suddenly in custody and in the news, and then — poof again! He wasn’t. Just 24 hours after the retired CIA official found himself under lock and key, he was flown out of Panama, evidently under the protection of Washington, and in mid-air, heading back to the United States, vanished a second time.

    State Department spokesperson Marie Harf told reporters [11] on July 19th, “It’s my understanding that he is in fact either en route or back in the United States.” So there he was, possibly in mid-air heading for the homeland and, as far as we know, as far as reporting goes, nothing more. Consider it the CIA version of a miracle. Instead of landing, he just evaporated.

    And that was that. Not another news story here in the U.S.; no further information from government spokespeople on what happened to him, or why the administration decided to extricate him from Panama and protect him from Italian justice. Nor, as far as I can tell, were there any further questions from the media. When TomDispatch inquired of the State Department, all it got was this bit of stonewallese: “We understand that a U.S citizen was detained by Panamanian authorities, and that Panamanian immigration officials expelled him from Panama on July 19. Panama’s actions are consistent with its rights to determine whether to admit or expel non-citizens from its territory.”

    In other words, he came and he went.

    Edward Snowden: The Opposite of a Magician’s Trick

    When Lady was first detained, there was a little flurry of news stories and a little frisson of tension. Would a retired CIA agent convicted of a serious crime involving kidnapping and torture be extradited to Italy to serve his sentence? But that tension had no chance to build because (as anyone might have predicted) luck was a Lady that week.

    After all, the country that took him into custody on that Interpol warrant was a genuine rarity in a changing Latin America. It was still an ally of the United States [11], which had once built a canal across its territory, controlled its politics for years, and in 1989 sent in [12] the U.S. military to forcefully sort out those politics once again. Italy wanted Lady back and evidently requested that Panama hand him over (though the countries had no extradition treaty). But could anyone be surprised by what happened or by the role Washington clearly played in settling Lady’s fate? If you had paid any attention to the global pressure [13] Washington was exerting in an “international manhunt [14]” to get Edward Snowden, the NSA whistleblower it had already charged under the draconian Espionage Act, back to its shores, you knew which direction Robert Seldon Lady would be heading when he hit the nearest plane out of Panama — and I don’t mean Italy.

    But here was the curious thing: when Panama sent him north, not east, there wasn’t the slightest ripple of U.S. media curiosity about the act or what lay behind it. Lady simply disappeared. While the Italian minister of justice “deeply regretted [15]” Panama’s decision, there was not, as far as I can tell, a single editorial, outraged or otherwise, anywhere in this country questioning the Obama administration’s decision not to allow a convicted criminal to be brought to justice in the courts of a democratic ally or even praising Washington’s role in protecting him. And we’re not talking about a media with no interest in trials in Italy. Who doesn’t remember the wall-to-wall coverage of the murder trial (and retrial) of American student Amanda Knox [16] there? For the American media, however, Lady clearly lacked Knox’s sex appeal (nor would he make millions [17] off a future account of his Italian sojourn).

    In this same period, there was, of course, another man who almost magically disappeared. In a transit area of Moscow’s international airport, Edward Snowden discovered [18] that the U.S. government had deprived him of his passport and was determined to bring him back to Washington by just about any means to stand trial. That included forcing the plane [19] of Bolivian President Evo Morales, returning from Moscow, to make an unscheduled landing in Austria and be searched for Snowden.

    The NSA whistleblower was trapped in a kind of no-man’s-land by an Obama administration demanding that the Russians turn him over or face the consequences. After which, for days, he disappeared from sight. In his case, unlike Lady’s, however, Washington never stopped talking about him and the media never stopped speculating on his fate. It hasn’t yet.

    He’s only appeared in public once since his “disappearance” —at a press conference [20] at that airport with human rights activists from Amnesty International and Human Rights Watch. The U.S. government promptly deplored and denounced the event as something Moscow “facilitated” or “orchestrated,” a “propaganda platform,” and a State Department spokesperson even suggested [21] that Snowden, not yet convicted of anything, shouldn’t have the right to express himself in Moscow or anywhere else.

    The truth is: when it comes to Snowden, official Washington can’t shut up. Congressional figures have denounced him as a “traitor [22]” or a “defector [23].” The world has repeatedly been lectured from the bully pulpit in our national capital on how necessary his return and trial is to freedom, justice, and global peace. Snowden, it seems, represents the opposite of a magician’s trick. He can’t disappear even when he wants to. Washington won’t let him, not now, not — as officials have made clear —ever. It’s a matter of morality that he faces the law and pays the (already preordained) price for his “crime.” This, in today’s Washington, is what passes for a self-evident truth.

    The Lady Vanishes

    It’s no less a self-evident truth in Washington that Robert Seldon Lady must be protected from the long (Italian) arm of the law, that he is a patriot who did his duty, that it is the job of the U.S. government to keep him safe and never allow him to be prosecuted, just as it is the job of that government to protect, not prosecute [24], CIA torturers who took part in George W. Bush’s Global War on Terror.

    So there are two men, both of whom, Washington is convinced, must be brought in: one to face “justice,” one to escape it. And all of this is a given, nothing that needs to be explained or justified to anyone anywhere, not even by a Constitutional law professor president. (Of course, if someone had been accused of kidnapping and rendering an American Christian fundamentalist preacher and terror suspect off the streets of Milan to Moscow or Tehran or Beijing, it would no less self-evidently be a different matter.)

    Don’t make the mistake, however, of comparing Washington’s positions on Snowden and Lady and labeling the Obama administration’s words and actions “hypocrisy.” There’s no hypocrisy involved. This is simply the living definition of what it means to exist in a one-superpower world for the first time in history. For Washington, the essential rule of thumb goes something like this: we do what we want; we get to say what we want about what we do; and U.N. ambassadorial nominee Samantha Powers then gets to lecture [25] the world on human rights and oppression.

    This version of how it all works is so much the norm in Washington that few there are likely to see any contradiction at all between the Obama administration’s approaches to Snowden and Lady, nor evidently does the Washington media. Its particular blind spots, when it comes to Washington’s actions, remain striking — as when the U.S. effectively downed the Bolivian president and his plane. Although it was an act of seemingly self-evident illegality, there was no serious reporting [13], no digging when it came to the behind-the-scenes acts of the U.S. government, which clearly pressured four or five European governments (one of which may have been Italy) to collude in the act. Nor, weeks later, has there been any follow-up by the Washington media. In other words, an act unique in recent history, which left European powers disgruntled [26] and left much of Latin America up in arms [27], has disappeared without explanation, analysis, punditry, or editorial comment here. Undoubtedly, given the lack of substantial coverage, few Americans even know it happened.

    The lucky Mr. Lady’s story has followed a similar trajectory. Having vanished in mid-air, he has managed so far not to reappear anywhere in the U.S. press. What followed was no further news, editorial silence, and utter indifference to an act of protection that might otherwise have seemed to define illegality on an international level. There was no talk in the media, in Congress, or anywhere else about the U.S. handing over a convicted criminal to Italy, just about how the Russians must return a man Washington considers a criminal to justice.

    This, then, is our world: a single megapower has, since September 2001, been in a financing and construction frenzy [28] to create the first global surveillance state; its torturers run free; its kidnappers serve time at liberty in this country and are rescued if they venture abroad; and its whistleblowers — those who would let the rest of us know what “our” government is doing in our name — are pilloried. And so it goes.

    All of it adds up to a way of life and the everyday tradecraft of a one-superpower world. Too bad Alfred Hitchcock isn’t around to remake some of his old classics. Imagine what a thriller The Lady Vanishes would be today.

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    Alfred Hitchcock [29],
    Amanda Knox [30],
    arrest [31],
    austria [32],
    beijing [33],
    bolivia [34],
    Candidate Position [35],
    Central Intelligence Agency [36],
    congress [37],
    Constitutional law professor president [38],
    conviction [39],
    costa rica [40],
    Department of State [41],
    Diplomatic Relations [42],
    Edward Snowden [43],
    egypt [44],
    evo morales [45],
    germany [46],
    Hassan Mustafa Osama Nasr [47],
    hosni mubarak [48],
    human rights watch [49],
    indictment [50],
    Interpol [51],
    Italian government [52],
    italy [53],
    latin america [54],
    Marie Harf [55],
    milan [56],
    moscow [57],
    Nelson Rockefeller [58],
    obama administration [59],
    panama [60],
    Person Career [61],
    Person Communication [62],
    Person Location [63],
    Person Relation [64],
    Person Travel [65],
    politics [66],
    president [67],
    Robert Seldon Lady.Recently [68],
    russia [69],
    Samantha Powers [70],
    tehran [71],
    The Lady Vanishes [72],
    Turin [73],
    u.s. government [74],
    u.s. military [75],
    united nations [76],
    united states [77],
    vice president [78],
    washington [79],
    assistant [80]

    Source URL: http://www.alternet.org/world/cia-operative-indicted-extraordinary-renditions-vanished-map-twice

    Links:
    [1] http://www.tomdispatch.com/
    [2] http://www.alternet.org/authors/tom-engelhardt-0
    [3] http://tomdispatch.us2.list-manage.com/subscribe?u=6cb39ff0b1f670c349f828c73&id=1e41682ade
    [4] https://en.wikipedia.org/wiki/Nelson_Rockefeller#Death
    [5] http://nymag.com/news/features/scandals/nelson-rockefeller-2012-4/
    [6] http://www.tomdispatch.com/post/7789/engelhardt_la_dolce_vita
    [7] http://www.mcclatchydc.com/2013/07/27/197823/us-allowed-italian-kidnap-prosecution.html?utm_source=twitterfeed&utm_medium=twitter#.UfRpP1PkDhZ
    [8] http://www.thedailybeast.com/articles/2013/07/19/cia-agent-robert-seldon-lady-italy-s-most-wanted.html
    [9] http://www.matthewacole.com/2007/03/01/blowback/
    [10] http://www.nytimes.com/2009/11/05/world/europe/05italy.html
    [11] http://news.yahoo.com/us-panama-sent-ex-cia-officer-us-not-215015192.html
    [12] https://en.wikipedia.org/wiki/United_States_invasion_of_Panama
    [13] http://www.tomdispatch.com/blog/175725/tomgram%3A_engelhardt%2C_can_edward_snowden_be_deterred/
    [14] http://articles.washingtonpost.com/2013-07-03/world/40349774_1_bolivian-cochabama-aymara-indian
    [15] http://abcnews.go.com/International/wireStory/italy-bid-hold-cia-chief-rejected-panama-19751633
    [16] http://en.wikipedia.org/wiki/Amanda_Knox
    [17] http://abcnews.go.com/US/amanda-knox-million-book-deal-harpercollins/story?id=15690686
    [18] http://www.nytimes.com/2013/07/27/world/europe/edward-snowden.html
    [19] http://www.guardian.co.uk/commentisfree/2013/jul/05/latin-america-us-morales-imperialism
    [20] http://www.guardian.co.uk/world/2013/jul/12/edward-snowden-to-meet-amnesty-and-human-rights-watch-at-moscow-airport-live-coverag
    [21] http://www.state.gov/r/pa/prs/dpb/2013/07/211891.htm
    [22] http://www.huffingtonpost.com/2013/06/11/john-boehner-edward-snowden_n_3420635.html
    [23] http://www.rawstory.com/rs/2013/06/23/rep-peter-king-calls-rand-pauls-remarks-on-snowden-absolutely-disgraceful/
    [24] http://www.guardian.co.uk/commentisfree/2012/aug/31/obama-justice-department-immunity-bush-cia-torturer
    [25] http://www.guardian.co.uk/world/2013/jul/20/venezuela-united-states-samantha-power
    [26] http://themoderatevoice.com/184760/with-robert-seldon-lady-america-humiliates-italy-la-repubblica-italy/
    [27] http://www.npr.org/2013/07/05/198906520/south-american-leaders-back-morales-in-plane-row
    [28] http://www.washingtonpost.com/world/national-security/nsa-growth-fueled-by-need-to-target-terrorists/2013/07/21/24c93cf4-f0b1-11e2-bed3-b9b6fe264871_story.html
    [29] http://www.alternet.org/tags/alfred-hitchcock
    [30] http://www.alternet.org/tags/amanda-knox
    [31] http://www.alternet.org/tags/arrest-0
    [32] http://www.alternet.org/tags/austria-0
    [33] http://www.alternet.org/tags/beijing-0
    [34] http://www.alternet.org/tags/bolivia
    [35] http://www.alternet.org/tags/candidate-position
    [36] http://www.alternet.org/tags/central-intelligence-agency
    [37] http://www.alternet.org/tags/congress-0
    [38] http://www.alternet.org/tags/constitutional-law-professor-president
    [39] http://www.alternet.org/tags/conviction-0
    [40] http://www.alternet.org/tags/costa-rica
    [41] http://www.alternet.org/tags/department-state
    [42] http://www.alternet.org/tags/diplomatic-relations
    [43] http://www.alternet.org/tags/edward-snowden
    [44] http://www.alternet.org/tags/egypt-0
    [45] http://www.alternet.org/tags/evo-morales
    [46] http://www.alternet.org/tags/germany-0
    [47] http://www.alternet.org/tags/hassan-mustafa-osama-nasr
    [48] http://www.alternet.org/tags/hosni-mubarak-0
    [49] http://www.alternet.org/tags/human-rights-watch-0
    [50] http://www.alternet.org/tags/indictment
    [51] http://www.alternet.org/tags/interpol
    [52] http://www.alternet.org/tags/italian-government
    [53] http://www.alternet.org/tags/italy-0
    [54] http://www.alternet.org/tags/latin-america
    [55] http://www.alternet.org/tags/marie-harf
    [56] http://www.alternet.org/tags/milan
    [57] http://www.alternet.org/tags/moscow-0
    [58] http://www.alternet.org/tags/nelson-rockefeller
    [59] http://www.alternet.org/tags/obama-administration-0
    [60] http://www.alternet.org/tags/panama-0
    [61] http://www.alternet.org/tags/person-career
    [62] http://www.alternet.org/tags/person-communication
    [63] http://www.alternet.org/tags/person-location
    [64] http://www.alternet.org/tags/person-relation
    [65] http://www.alternet.org/tags/person-travel
    [66] http://www.alternet.org/tags/politics-0
    [67] http://www.alternet.org/tags/president-0
    [68] http://www.alternet.org/tags/robert-seldon-ladyrecently
    [69] http://www.alternet.org/tags/russia-0
    [70] http://www.alternet.org/tags/samantha-powers
    [71] http://www.alternet.org/tags/tehran
    [72] http://www.alternet.org/tags/lady-vanishes
    [73] http://www.alternet.org/tags/turin
    [74] http://www.alternet.org/tags/us-government
    [75] http://www.alternet.org/tags/us-military-1
    [76] http://www.alternet.org/tags/united-nations
    [77] http://www.alternet.org/tags/united-states
    [78] http://www.alternet.org/tags/vice-president
    [79] http://www.alternet.org/tags/washington-0
    [80] http://www.alternet.org/tags/assistant
    [81] http://www.alternet.org/%2Bnew_src%2B

    Published on Alternet (http://www.alternet.org)
    Tom Dispatch [1] / By Tom Engelhardt [2]
    July 28, 2013

    Find this story at 28 July 2013

    © AlterNet

    Telefonüberwachung Handy-Daten verraten illegale CIA-Operation

    Ein CIA-Team reist nach Italien, entführt einen Verdächtigen nach Ägypten. Dort wird er mehr als ein Jahr lang verhört und gefoltert. Auf der IT-Konferenz Black Hat berichtete ein Reporter jetzt, wie Telefon-Metadaten die CIA-Operation verrieten – und Dutzende Agenten enttarnten.

    “Ich habe keinen technischen Hintergrund”, entschuldigt sich Matthew Cole, Journalist bei NBC News, bei den Besuchern der IT-Sicherheitskonferenz Black Hat in Las Vegas, “aber ich habe eine Geschichte für euch.” Einen Spionagethriller, bei dem Metadaten eine geheime Entführung der CIA verraten.

    Der Zugriff erfolgt am 17. Februar 2003 in Mailand. Nach wochenlanger Beobachtung entführt ein CIA-Team den Imam Abu Omar aus Italien und bringt ihn mit einem kleinen Flugzeug über Ramstein in Deutschland nach Ägypten. Dort wird er 14 Monate lang gefangen gehalten und verhört. “Es war die Zeit nach den Anschlägen vom 11. September, die CIA suchte wie besessen weltweit nach Qaida-Anhängern”, sagt Cole. Der SPIEGEL berichtete im Jahr 2006 ausführlich über den Fall.

    Abu Omar, der in der Mailänder Islamistenszene gegen die USA gehetzt und selbst in Afghanistan gekämpft hatte, stand im Verdacht, Kämpfer für al-Qaida zu rekrutieren. Die CIA handelt, ohne die italienischen Behörden zu informieren, und lässt Abu Omar verschwinden. Die italienische Staatsanwaltschaft nimmt Ermittlungen auf. Sie weiß durch eine Zeugin, wann das Entführungsopfer wo zuletzt gesehen wurde. “Die Polizei hatte den Ort und den Tag des Verschwindens”, sagt Cole. Von den Mobilfunkprovidern fordern die Ermittler die Funkzellendaten an. Sie wollen wissen, welche Mobiltelefone sich am Tag der Entführung in der Gegend befunden haben. “Aber es gab ein paar Probleme, das zog sich hin”, sagt Cole.

    Muster und Zusammenhänge in großen Datenmengen

    Dann klingelt bei Abu Omars Ehefrau in Mailand das Telefon: Die Ägypter haben ihn freigelassen, nach 14 Monaten. Abu Omar erzählt von seiner Entführung und von Folter. Die italienischen Ermittler hören mit, der Anschluss wird überwacht. Der Verdacht bestätigt sich nun: Es gab eine verdeckte Operation, die USA könnten dahinterstecken. “Gleichzeitig konnten die Daten ausgewertet werden”, sagt Cole. Die Italiener nutzen dazu eine Software namens Analyst’s Notebook. Das Programm findet in großen Datenmengen Muster und Zusammenhänge.

    Tatsächlich liefert Analyst’s Notebook einen Hinweis: eine Reihe von Handys, deren Besitzer nur untereinander kommunizieren. Die italienischen Ermittler sehen sich diese Telefonnummern genauer an, untersuchen die Verbindungsdaten und stoßen auf ein Netzwerk: “Sie fanden 18 Personen und 35 Telefone”, sagt Cole. Mit den Daten, welches Telefon wann in welcher Funkzelle eingebucht war, können sie Bewegungsprofile erstellen. Zwei Monate vor der Entführung werden die Telefone aktiviert, zwei Tage danach abgeschaltet.

    Die CIA-Agenten nehmen nicht die Akkus aus den Handys

    Mehr als ein Jahr nach der Entführung können die italienischen Behörden nachvollziehen, wie die Operation abgelaufen war. “Sie konnten sehen, wie die CIA-Agenten Abu Omar observierten. Nach einem Acht-Stunden-Tag nahmen die Agenten nicht etwa den Akku aus den Telefonen, sondern sie gingen schlafen.”

    Die Telefone lagen eingeschaltet über Nacht mehrere Stunden an einem Ort. “Also gingen die Ermittler los, fanden Hotels und fragten nach amerikanischen Gästen.” Einer der Agenten, der für den Kontakt zwischen dem Entführungsteam und dem örtlichen CIA-Quartier zuständig war, hatte dabei seinen richtigen Namen genutzt. Cole macht ihn später in den USA ausfindig. “Ich kann nicht empfehlen, bei ihm zu Hause an die Tür zu klopfen. Er reagiert etwas empfindlich auf seine Enttarnung”, sagt Cole. Einen Schlag ins Gesicht habe er abbekommen.

    Die italienischen Ermittler haben Glück: Sie können eine Verbindung zur CIA nachweisen. Nachlässigkeiten seitens des Geheimdiensts tragen dazu bei: “Die Agenten hatten Kreditkarten mit ähnlichen Nummern.” Außerdem finden sie durch die Verbindungsdaten heraus, das ein Telefon, das bei der Entführung genutzt wurde, später mit neuer Sim-Karte für Kontakte zur CIA-Station genutzt wurde.

    “Metadaten verraten viel mehr”

    “In der aktuellen Debatte um Metadaten heißt es doch: Inhalte von Gesprächen würden nicht erfasst, es gebe kein Problem mit der Privatsphäre”, sagt Cole. Die aufgedeckte CIA-Operation zeige das Gegenteil: “Metadaten verraten viel mehr.” Mit Hilfe von Netzwerkanalyse und Datenvisualisierung kommt die Staatsanwaltschaft der CIA auf die Spur. 2009 verurteilt ein Gericht in Mailand 22 US-Staatsbürger zu fünf Jahren Gefängnis, ein Angeklagter bekommt acht Jahre Gefängnis, drei Amerikaner werden mit dem Verweis auf diplomatische Immunität freigesprochen.

    “Der Fall hat immer noch reale Konsequenzen”, sagt Cole. “Soweit ich weiß, gibt es keinen Auslieferungsantrag.” Italien wolle es sich wohl mit den USA nicht verscherzen. “Aber die enttarnten Agenten können nicht mehr ohne weiteres reisen”, sagt Cole. Beim Geheimdienst sei der Fall als “Italian Job” bekannt, benannt nach einem Filmklassiker. Bei der Untersuchung, wie das alles passiere konnte, soll einer der Agenten gesagt haben: Ihnen sei erzählt worden, dass ein Handy versteckt in einer Packung Chips keine Signale mehr aussenden könne. “Er meine wohl einen Faradayschen Käfig. Dafür ist eine Chipstüte nicht stark genug”, sagt Cole.

    Ein weiterer Fall, in dem Metadaten zur Enttarnung von CIA-Mitarbeitern genutzt wurde, ging für den Geheimdienst weniger glimpflich aus. Cole erzählt, dass die Hisbollah 2011 in Beirut zwei Doppelagenten einschleusen konnte. “Die Hisbollah hat dann 90 Prozent des Informanten-Netzwerks im Libanon aufgedeckt. Sie haben sich die Metadaten angesehen, die Telefone ausgewertet.” Viele der Informanten und Agenten seien festgenommen und vermutlich getötet worden, sagt Cole.

    Korrektur: In einer früheren Version dieses Artikels wurde ein US-Staat namens North Virginia erwähnt. Natürlich gibt es einen Staat dieses Namens nicht, nur Virginia und West Virginia. Wir haben den Fehler entfernt und bitten, ihn zu entschuldigen.

    02. August 2013, 12:38 Uhr
    Aus Las Vegas berichtet Ole Reißmann

    Find thhis story at 2 August 2013

    © SPIEGEL ONLINE 2013

    CIA chief wanted in Italy for ‘rendition’ on his way back to US

    An American former CIA station chief arrested this week in Panama was thought to be on his way back to the United States last night, putting on hold his possible extradition to Italy to serve a prison sentence for abducting an Egyptian cleric.

    Robert Seldon Lady, 59, was convicted in absentia and sentenced to nine years in jail for his involvement in the “extraordinary rendition” of terrorism suspect Abu Omar in Milan in 2003. The cleric was taken to Egypt, where he claims he was tortured.

    Lady was convicted in 2009 along with 22 other Americans, none of whom ever appeared in an Italian court. Yet Italian media reports suggest that, of the 23, Italy has only sought the international arrest of Lady, the CIA station chief in Milan at the time of the abduction.

    His arrest was announced on Thursday by Italian officials, who said he was detained by Panamanian authorities on the border with Costa Rica. Panama has no extradition treaty with Italy, and last night the state department said he was “either en route or back in the United States.”

    The US reportedly suspected Abu Omar, also known as Hassan Mustafa Osama Nasr, of recruiting radical Muslims in Italy. Two men snatched him from a street in Milan in February 2003, by spraying chemicals in his face and bundling him into a van. Lady allegedly supervised the kidnapping from a café nearby. The cleric, now 50, was moved between US military bases in Europe before being sent to Egypt. His lawyers say he tried to commit suicide three times in prison, but was finally released after four years.

    His case marks the first attempt by foreign authorities to prosecute US officials for participation in the practice of extraordinary rendition.

    Tim Walker
    Friday, 19 July 2013

    Find this story at 19 July 2013

    © independent.co.uk

    Rendition unlimited; Onderzoeksrechters in Italië zetten hun tanden in onwettige praktijken van geheime dienst

    In het artikel ‘Telecom Italia, afluisteren, voetbal en CIA vluchten’ verschenen in Observant 43 op 7 november 2006 wordt het verhaal van de ontvoering van Nasar Osama Mustafa Hassan of Hassan Mustafa Osama Nasr beter bekent als Abu Omar opgetekend. In het artikel wordt aangegeven dat de Italiaanse justitie 35 mensen verdenkt van betrokkenheid bij de ontvoering waarvan er 26 de Amerikaanse nationaliteit hebben. In juni 2005 was nog een arrestatiebevel uitgevaardigd door de onderzoeksrechter Chiara Nobili uit Milaan ten aanzien van 13 agenten van de CIA.

    Zij zouden Abu Omar op 17 februari 2003 in een bestelbus hebben getrokken, vervolgens naar de Amerikaanse luchtmacht basis in het Italiaanse Aviano hebben gebracht waar hij is verhoord. Volgens een reconstructie is Omar de volgende dag met een Learjet (Spar 92) naar de Amerikaanse basis in Ramstein, Duitsland gevlogen en vandaar met een privé vliegtuig naar Egypte. Dit laatste vliegtuig zou zijn gehuurd voor 3.300 dollar per uur van het Boston’s Sarasota Red Sox honkbal team. De ontvoering van Abu Omar zou 120.000 euro hebben gekost alleen al voor de accommodatie en het eten van de Amerikaanse agenten die na de succesvolle ontvoering feest hebben gevierd. Abu Omar is in Egypte gemarteld. Op 9 februari 2007 heeft de onderzoeksrechter 26 Amerikanen en 5 Italianen in staat van beschuldiging gesteld en de rechtzaak zal op 8 juni dit jaar plaatsvinden. Op 11 februari 2007 werd Abu Omar vrijgesproken door een Egyptische rechtbank. Zijn opsluiting was onrechtmatig. De dappere stap van het gerechtshof in Milaan steekt schril af tegen de vraag die de Italiaanse regering van centrum-linkse signatuur aan het Grondwettelijk Hof heeft voorgelegd met betrekking tot het afluisteren van leden van de Italiaanse geheime dienst door de onderzoekers in Milaan. Deze zet van de Italiaanse regering draagt er toe bij dat zij nog geen gevolg hoeft te geven aan het verzoek van de rechtbank in Milaan om de Amerikaanse regering te vragen om de uitlevering van de 26 agenten. Ondertussen heeft een Italiaanse agent die Abu Omar aanhield enkele ogenblikken voor zijn ontvoering in ruil voor strafvermindering schuld bekend.

    Het onderzoek van het Europese Parlement (EP) naar het zogenoemde Rendition programma bracht aan het licht dat de Italiaanse geheime dienst de SISMi alles in het werk stelde om het onderzoek naar de ontvoering te frustreren. Op 15 mei 2003 bezorgde de SISMi de onderzoeksrechter een document waaruit zou blijken dat Abu Omar wist waar hij vast werd gehouden. Hetzelfde document leek te suggereren dat de CIA had onderzocht waar Omar zich bevond namelijk in Egyptische gevangenschap op een geheime locatie. De tactiek van de SISMi is niet geslaagd aangezien de onderzoeksrechters nu voldoende vertrouwen hebben om de verdachten voor de rechter te dagen. Door de aandacht voor de zaak van Abu Omar is er ook verhoogde interesse in andere verdwijningen. De onderzoekcommissie van het EP heeft de zaken van Morgan Mohammed en Abou Elkassim Britel opgenomen in haar concluderende rapport.

    Morgan Mohammed zou op dezelfde manier zijn ontvoerd door geheime diensten. Drie getuigen zouden hem in Vigevano, zijn woonplaats in Italië, ontvoerd hebben zien worden. In een notitie van de Italiaanse geheime dienst de SISMi van 30 oktober 2003 staat dat Morgan Mohammed is gearresteerd bij zijn aankomst op het vliegveld van Cairo, Egypte, in september 2003. De reden van aanhouding wordt in de notitie niet vermeld.
    Naast Abu Omar en Morgan Mohammed is de arrestatie, ondervraging, marteling en rendition van Abou Elkassim Britel een duidelijker voorbeeld van intensieve betrokkenheid van Amerikaanse en Europese inlichtingendiensten bij het onder druk zetten potentiële terrorismeverdachten. Abou Elkassim Britel, een Italiaans staatsburger, werd op 10 maart 2002 gearresteerd in Lahore, Pakistan. Hij was op 17 juni 2001 vertrokken naar Iran en ondervond moeilijkheden om na 11 september 2001 terug te keren naar Europa. In Pakistaanse gevangenschap werd hij veelvuldig gemarteld en ondervraagd zowel in Lahore als in ……… [na “zowel” komt “als”, zonder “als” kan “zowel” niet, JV]. Hij werd beschuldigd van het bezit van een vals paspoort, maar Britel heeft sinds 1999 de Italiaanse nationaliteit. Op 5 mei werd hij overgebracht naar Islamabad waar hij is ondervraagd door FBI-agenten en vervolgens op 24 mei 2002 naar een geheime Marokkaanse gevangenis in Tèmara. Hier verbleef hij tot februari 2003 toen hij zonder aanklacht werd vrijgelaten. Over de gevangenis in Tèmara zijn verschillende rapporten van mensenrechten-organisaties verschenen waarin melding wordt gemaakt van martelingen en slechte behandeling. Toegang voor advocaten, familieleden en anderen is schaars in deze gevangenissen. Enkele maanden na zijn vrijlating werd Britel in mei 2003 opnieuw gearresteerd. Op 12 mei 2003 overhandigde de Italiaanse ambassade hem zijn reisdocumenten en stond hij op het punt de grens met Spanje over te steken om via Spanje terug te keren naar Italië. De Marokkaanse autoriteiten hadden geweigerd zijn reisdocumenten aan hem te retourneren. Tevens weigerden de Marokkaanse autoriteiten hem te laten gaan per vliegtuig en weigerden de Italiaanse afgevaardigden hem te begeleiden. Op 16 mei 2003 vonden enkele aanslagen in Casablanca, Marokko plaats. De volgende dag meldde de Spaanse televisie dat een Marokkaanse Italiaan was gearresteerd aan de Spaanse grens met Marokko. De Marokkaanse autoriteiten beweerden op 29 mei dat Britel niet gearresteerd was. Op 3 oktober 2003 werd Britel veroordeeld tot 15 jaar gevangenisstraf en op 7 januari 2004 werd de straf tijdens zijn beroep teruggebracht tot negen jaar gevangenisstraf voor terroristische activiteiten. Het bewijsmateriaal bestond uit een verklaring van Britel, verkregen na marteling, en informatie van de Italiaanse justitie over mogelijke betrokkenheid bij terroristische activiteiten. Hij verblijft op dit moment in de Äin Bourja gevangenis in Casablanca.
    De wijze waarop Britel behandeld is maakt duidelijk dat Westerse overheden door rendition, uitzetting of ongewenst verklaringen verdachten van terrorisme alsnog wensen te veroordelen. Tegen Abou Elkassim Britel liep evenals tegen Abu Omar een onderzoek van de Italiaanse justitie. In september 2006 sloot de Italiaanse onderzoeksrechter het opsporingsonderzoek tegen Britel omdat er geen enkele bewijsgrond was voor betrokkenheid van Britel bij terroristische activiteiten. Zijn huis was doorzocht, de communicatie van Britel was twee jaar voor zijn arrestatie in Pakistan uitgebreid getapt en zijn financiële transacties waren nagegaan. In januari 2007 schrijft hij een brief aan de President van Italië, de voorzitter van het Italiaanse parlement, en de Ministers van Buitenlandse Zaken en Justitie waarin hij de vraag stelt waarom Italië zich niet inspant voor zijn vrijlating. Dat zijn behandeling bedroevend is wordt geïllustreerd door de wijze waarop de advocaat van Britel, Francesca Longhi, is behandeld door zowel de Italiaanse ambassade in Marokko als de Marokkaanse autoriteiten. Op 11 april 2007 wilde zij Britel in de Äin Bourja gevangenis bezoeken. Een maand voor haar bezoek, begin maart 2007, informeert zij bij de Italiaanse vertegenwoordiging in Marokko over de procedure voor het bezoeken van haar cliënt. Ze krijgt te horen dat dit zonder veel poespas georganiseerd kan worden. Als zij echter in Marokko aankomt wordt duidelijk dat zij haar cliënt niet kan bezoeken aangezien de directeur van de gevangenis het verzoek heeft afgewezen. Op 14 september 2006 geeft de advocaat van Britel een verklaring voor de commissie van het Europese Parlement die het Rendition programmaonderzoekt. Na inzage in het Italiaanse dossier van Britel vertelt zij de commissie dat de Italiaanse autoriteiten, zowel de onderzoeksrechter als het Ministerie van Binnenlandse Zaken, op de hoogte waren van het handelen van de buitenlandse geheime diensten, Pakistaanse, Marokkaanse en Amerikaanse, ten aanzien van haar cliënt.
    Rendition lijkt een Amerikaanse aangelegenheid, maar het dossier van Britel maakt duidelijk dat de Italianen alle stappen van andere diensten op de voet volgden. De vraag blijft open wie de leiding in het dossier van Britel had. In Nederland wordt gebruik gemaakt van het ongewenst verklaren en uitzetten van verdachten van terrorisme die vrijgesproken zijn. Dezelfde informatie die door de rechter in een strafproces onvoldoende werd bevonden wordt door de Immigratie en Naturalisatie Dienst (IND) gebruikt om een verdachte uit te zetten. In de jaren zeventig en tachtig sprak men bij dictaturen in Latijns Amerika over verdwijningen. Deze mensen die misschien de schijn tegen hebben, verdwijnen ook. Westerse overheden wassen hun handen in onschuld door ‘nette’ procedures in acht te nemen en mensen uit te zetten naar Marokko, Algerije, Syrië, Egypte of een ander land dat bereid is in geheime gevangenissen het vuile werk op te knappen.

    Find this story at 1 June 2007

    US-Geheimdienst: BND übermittelt afghanische Funkzellendaten an NSA

    Die Daten können Experten zufolge Hinweise für gezielte Tötungen liefern: Nach SPIEGEL-Informationen stammt ein beträchtlicher Teil der an die NSA übertragenen Daten aus der Funkzellenauswertung in Afghanistan. Der BND wiegelt ab.

    Hamburg – Der Bundesnachrichtendienst (BND) übermittelt nach SPIEGEL-Informationen afghanische Funkzellendaten an den US-Geheimdienst NSA. Spionageprogramme wie XKeyscore erstellen daraus Bewegungsprofile. Sie zeigen mit nur wenigen Minuten Verzögerung an, wo sich Handy-Nutzer aufhalten – und spielten womöglich eine wichtige Rolle bei der gezielten Tötung von Qaida-Kämpfern durch US-Drohnen.

    Der BND erklärte, Mobilfunkdaten seien für eine zielgenaue Lokalisierung eines Menschen nicht geeignet. Experten gehen aber davon aus, dass Funkzellendaten Hinweise für gezielte Tötungen liefern können. Auch die “Süddeutsche Zeitung” hatte am Samstag einen Experten zitiert, wonach die Daten des BND zur Ortung nützlich seien.

    Der Bürgerrechtler Burkhard Hirsch (FDP) hält den Datentransfer, der offenbar jenseits der parlamentarischen Kontrolle stattfindet, für sehr problematisch. “Wenn der BND in solchem Umfang für einen anderen Geheimdienst tätig wird, dann ist das ein politischer Vorgang, der unter allen Umständen im zuständigen Bundestagsgremium hätte behandelt werden müssen”, sagte Hirsch dem SPIEGEL.

    BND-Präsident Gerhard Schindler sagte der “Bild am Sonntag”, die Kooperation mit der NSA diene “auch dem unmittelbaren Schutz unserer in Afghanistan eingesetzten Soldatinnen und Soldaten”. Die durch die Fernmeldeaufklärung gewonnenen Erkenntnisse trügen dazu bei, Anschlagsplanungen von Terroristen rechtzeitig erkennen zu können. Dies gehöre zu den “prioritären Aufgaben” eines Auslandsnachrichtendiensts.

    Gegenüber dem SPIEGEL erklärte der BND, er habe seit Januar 2011 “maßgebliche Hilfe” bei der Verhinderung von vier Anschlägen auf deutsche Soldaten in Afghanistan geleistet. Bei weiteren 15 verhinderten Anschlägen habe die Datenüberwachung “zu diesen Erfolgen beigetragen”.

    11. August 2013, 14:12 Uhr

    Find this story at 11 August 2013

    © SPIEGEL ONLINE 2013

    Berlin Denies Military Knew About Prism

    A media report on Wednesday alleged that a NATO document proves the German military knew about the NSA’s Prism surveillance program in 2011. But both Berlin and the country’s foreign intelligence agency deny the account, saying there was a NATO program with the same name in Afghanistan.

    The German government has so far claimed that it knew nothing of the United States’ Prism spying program, revealed by whistleblower Edward Snowden last month. But parts of a confidential NATO document published by daily Bild on Wednesday show that the German military, the Bundeswehr, may have already been aware of the National Security Agency’s operations in 2011, the paper alleged.

    The document, reportedly sent on Sept. 1, 2011 to all regional commands by the joint NATO headquarters in Afghanistan, gives specific instructions for working together on a program called Prism, which the paper said was the same as that run by the NSA. According to Bild, the document was also sent to the regional command in northern Afghanistan, for which Germany was responsible at the time under General Major Markus Kneip.

    Should the media report be confirmed, Berlin’s claims of ignorance will prove to have been false. But on Wednesday afternoon, Chancellor Angela Merkel’s spokesman Steffen Seibert denied the Bild story, saying that the document referred to a separate program that had been run by NATO troops, and not the US. The programs were “not identical,” he said.

    The BND, Germany’s foreign intelligence agency, also weighed in with a statement, saying that the program had not been confidential and was also not the same as the NSA’s Prism operation. “The program called Prism by the Bild report today is a NATO/ISAF program that is not identical to the NSA’s program,” it said. “The BND had no knowledge of the name, range or scope of the NSA program.”

    A Separate Prism Program?

    According to the document cited by Bild, as of Sept. 15 that year, regional commands were instructed to apply for monitoring telephone calls and e-mails, according to the document, in which Prism is named at least three times. “Existing COMINT (communications intelligence) nominations submitted outside of PRISM must be resubmitted into PRISM IOT,” it reads.

    It also states that access to the Prism program is regulated by the Joint Worldwide Intelligence Communications System (JWICS), which is used by various US intelligence services to transmit classified information.

    “Coalition RCs (regional commands) will utilize the US military or civilian personnel assigned to their collection management shop ISRLO (Intelligence, Surveillance and Reconnaissance Liaison Officer),” it goes on. In Bild’s assessment, “military or civilian personnel” stands for US intelligence service staff.

    Keeping Track of Terrorists

    The purpose of all this was to “submit the telephone numbers and email addresses of terrorists into the surveillance system,” the paper reports.

    It also claims to have seen documents indicating that the BND, Germany’s foreign intelligence agency, provided such telephone numbers to NATO, where they were ultimately fed into the surveillance system as well.

    The reason for the NATO order was that the NSA’s director had tasked the US military with coordinating surveillance in Afghanistan, Bild reported.

    The German Defense Ministry told the paper that it had “no information and knowledge of such an order,” but would be looking into the matter.

    In response to the report, Green party parliamentarian and defense spokesman Omid Nouripour told SPIEGEL ONLINE that Defense Minister Thomas de Maizière must clarify the situation. “These circumstances destroy the government’s line of defense” on the NSA scandal, he said. Chancellor Angela Merkel’s center-right coalition can “no longer claim it didn’t know anything about Prism.”

    As more details emerge about the scope of the NSA’s worldwide spying program and Germany’s alleged role in the surveillance, the scandal is becoming a central issue in the country’s campaign for the upcoming general election. Germans are particularly sensitive about data protection because of their history of state encroachment on civil liberties, first under the Nazis and then in communist East Germany. And if it turns out that Berlin knowingly tolerated and participated in the NSA activities, many would see it as a betrayal by the government.

    07/17/2013 12:29 PM
    Media Report

    Find this story at 17 July 2013

    © SPIEGEL ONLINE 2013

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