• Secret files show scale of Silicon Valley co-operation on Prism
• Outlook.com encryption unlocked even before official launch
• Skype worked to enable Prism collection of video calls
• Company says it is legally compelled to comply

Microsoft has collaborated closely with US intelligence services to allow users’ communications to be intercepted, including helping the National Security Agency to circumvent the company’s own encryption, according to top-secret documents obtained by the Guardian.

The files provided by Edward Snowden illustrate the scale of co-operation between Silicon Valley and the intelligence agencies over the last three years. They also shed new light on the workings of the top-secret Prism program, which was disclosed by the Guardian and the Washington Post last month.

The documents show that:

• Microsoft helped the NSA to circumvent its encryption to address concerns that the agency would be unable to intercept web chats on the new Outlook.com portal;

• The agency already had pre-encryption stage access to email on Outlook.com, including Hotmail;

• The company worked with the FBI this year to allow the NSA easier access via Prism to its cloud storage service SkyDrive, which now has more than 250 million users worldwide;

• Microsoft also worked with the FBI’s Data Intercept Unit to “understand” potential issues with a feature in Outlook.com that allows users to create email aliases;

• In July last year, nine months after Microsoft bought Skype, the NSA boasted that a new capability had tripled the amount of Skype video calls being collected through Prism;

• Material collected through Prism is routinely shared with the FBI and CIA, with one NSA document describing the program as a “team sport”.

The latest NSA revelations further expose the tensions between Silicon Valley and the Obama administration. All the major tech firms are lobbying the government to allow them to disclose more fully the extent and nature of their co-operation with the NSA to meet their customers’ privacy concerns. Privately, tech executives are at pains to distance themselves from claims of collaboration and teamwork given by the NSA documents, and insist the process is driven by legal compulsion.

In a statement, Microsoft said: “When we upgrade or update products we aren’t absolved from the need to comply with existing or future lawful demands.” The company reiterated its argument that it provides customer data “only in response to government demands and we only ever comply with orders for requests about specific accounts or identifiers”.

In June, the Guardian revealed that the NSA claimed to have “direct access” through the Prism program to the systems of many major internet companies, including Microsoft, Skype, Apple, Google, Facebook and Yahoo.

Blanket orders from the secret surveillance court allow these communications to be collected without an individual warrant if the NSA operative has a 51% belief that the target is not a US citizen and is not on US soil at the time. Targeting US citizens does require an individual warrant, but the NSA is able to collect Americans’ communications without a warrant if the target is a foreign national located overseas.

Since Prism’s existence became public, Microsoft and the other companies listed on the NSA documents as providers have denied all knowledge of the program and insisted that the intelligence agencies do not have back doors into their systems.

Microsoft’s latest marketing campaign, launched in April, emphasizes its commitment to privacy with the slogan: “Your privacy is our priority.”

Similarly, Skype’s privacy policy states: “Skype is committed to respecting your privacy and the confidentiality of your personal data, traffic data and communications content.”

But internal NSA newsletters, marked top secret, suggest the co-operation between the intelligence community and the companies is deep and ongoing.

The latest documents come from the NSA’s Special Source Operations (SSO) division, described by Snowden as the “crown jewel” of the agency. It is responsible for all programs aimed at US communications systems through corporate partnerships such as Prism.

The files show that the NSA became concerned about the interception of encrypted chats on Microsoft’s Outlook.com portal from the moment the company began testing the service in July last year.

Within five months, the documents explain, Microsoft and the FBI had come up with a solution that allowed the NSA to circumvent encryption on Outlook.com chats

A newsletter entry dated 26 December 2012 states: “MS [Microsoft], working with the FBI, developed a surveillance capability to deal” with the issue. “These solutions were successfully tested and went live 12 Dec 2012.”

Two months later, in February this year, Microsoft officially launched the Outlook.com portal.

Another newsletter entry stated that NSA already had pre-encryption access to Outlook email. “For Prism collection against Hotmail, Live, and Outlook.com emails will be unaffected because Prism collects this data prior to encryption.”

Microsoft’s co-operation was not limited to Outlook.com. An entry dated 8 April 2013 describes how the company worked “for many months” with the FBI – which acts as the liaison between the intelligence agencies and Silicon Valley on Prism – to allow Prism access without separate authorization to its cloud storage service SkyDrive.

The document describes how this access “means that analysts will no longer have to make a special request to SSO for this – a process step that many analysts may not have known about”.

The NSA explained that “this new capability will result in a much more complete and timely collection response”. It continued: “This success is the result of the FBI working for many months with Microsoft to get this tasking and collection solution established.”

A separate entry identified another area for collaboration. “The FBI Data Intercept Technology Unit (DITU) team is working with Microsoft to understand an additional feature in Outlook.com which allows users to create email aliases, which may affect our tasking processes.”

The NSA has devoted substantial efforts in the last two years to work with Microsoft to ensure increased access to Skype, which has an estimated 663 million global users.

One document boasts that Prism monitoring of Skype video production has roughly tripled since a new capability was added on 14 July 2012. “The audio portions of these sessions have been processed correctly all along, but without the accompanying video. Now, analysts will have the complete ‘picture’,” it says.

Eight months before being bought by Microsoft, Skype joined the Prism program in February 2011.

According to the NSA documents, work had begun on smoothly integrating Skype into Prism in November 2010, but it was not until 4 February 2011 that the company was served with a directive to comply signed by the attorney general.

The NSA was able to start tasking Skype communications the following day, and collection began on 6 February. “Feedback indicated that a collected Skype call was very clear and the metadata looked complete,” the document stated, praising the co-operation between NSA teams and the FBI. “Collaborative teamwork was the key to the successful addition of another provider to the Prism system.”

ACLU technology expert Chris Soghoian said the revelations would surprise many Skype users. “In the past, Skype made affirmative promises to users about their inability to perform wiretaps,” he said. “It’s hard to square Microsoft’s secret collaboration with the NSA with its high-profile efforts to compete on privacy with Google.”

The information the NSA collects from Prism is routinely shared with both the FBI and CIA. A 3 August 2012 newsletter describes how the NSA has recently expanded sharing with the other two agencies.

The NSA, the entry reveals, has even automated the sharing of aspects of Prism, using software that “enables our partners to see which selectors [search terms] the National Security Agency has tasked to Prism”.

The document continues: “The FBI and CIA then can request a copy of Prism collection of any selector…” As a result, the author notes: “these two activities underscore the point that Prism is a team sport!”

In its statement to the Guardian, Microsoft said:

We have clear principles which guide the response across our entire company to government demands for customer information for both law enforcement and national security issues. First, we take our commitments to our customers and to compliance with applicable law very seriously, so we provide customer data only in response to legal processes.

Second, our compliance team examines all demands very closely, and we reject them if we believe they aren’t valid. Third, we only ever comply with orders about specific accounts or identifiers, and we would not respond to the kind of blanket orders discussed in the press over the past few weeks, as the volumes documented in our most recent disclosure clearly illustrate.

Finally when we upgrade or update products legal obligations may in some circumstances require that we maintain the ability to provide information in response to a law enforcement or national security request. There are aspects of this debate that we wish we were able to discuss more freely. That’s why we’ve argued for additional transparency that would help everyone understand and debate these important issues.

In a joint statement, Shawn Turner, spokesman for the director of National Intelligence, and Judith Emmel, spokeswoman for the NSA, said:

The articles describe court-ordered surveillance – and a US company’s efforts to comply with these legally mandated requirements. The US operates its programs under a strict oversight regime, with careful monitoring by the courts, Congress and the Director of National Intelligence. Not all countries have equivalent oversight requirements to protect civil liberties and privacy.

They added: “In practice, US companies put energy, focus and commitment into consistently protecting the privacy of their customers around the world, while meeting their obligations under the laws of the US and other countries in which they operate.”

• This article was amended on 11 July 2013 to reflect information from Microsoft that it did not make any changes to Skype to allow Prism collection on or around July 2012.

Glenn Greenwald, Ewen MacAskill, Laura Poitras, Spencer Ackerman and Dominic Rushe
The Guardian, Friday 12 July 2013

Find this story at 12 July 2013

© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Microsoft arbeitet angeblich intensiv mit US-Geheimdiensten zusammen. Nach Informationen, die Edward Snowden dem “Guardian” zugespielt hat, soll der Konzern den Ermittlern Zugang zu E-Mails und Skype-Gesprächen gewährt und sogar die firmeneigene Verschlüsselung ausgehebelt haben.

Hamburg/London – Edward Snowden hat mit seinen Enthüllungen über die globale Datenschnüffelei der US-Geheimdienste nicht nur die amerikanische Politik in helle Aufregung versetzt, sondern auch die dortige IT-Branche. Giganten wie Facebook, Apple, Google und Microsoft haben bisher versucht, den Eindruck zu erwecken, ihre Zusammenarbeit mit den US-Behörden beschränke sich auf das Nötigste.

Jetzt aber berichtet der britische “Guardian”, wie Microsoft mit den Ermittlern kooperiert. Demnach zeigen Informationen von Snowden, dass das Unternehmen seit drei Jahren intensiv mit US-Geheimdiensten zusammenarbeitet.

Die National Security Agency (NSA) habe etwa die Sorge geäußert, Web-Chats auf dem neuen Outlook.com-Portal nicht mitlesen zu können. Microsoft habe daraufhin der NSA geholfen, die konzerneigene Verschlüsselungstechnik zu umgehen. Dieses Vorgehen soll sich dem Bericht zufolge nicht auf die Web-Chats beschränkt haben: Die NSA soll auch Zugang zu E-Mails auf Outlook.com und Hotmail trotz der Verschlüsselung gehabt haben.

Auch der Internettelefoniedienst Skype, den Microsoft im Oktober 2011 gekauft hat, geriet ins Visier der NSA: Laut “Guardian” hat die Firma Geheimdiensten ermöglicht, im Rahmen des “Prism”-Überwachungsprogramms sowohl Video- als auch Audio-Unterhaltungen mitzuschneiden.

Microsoft begründete sein Vorgehen mit rechtlichen Zwängen: “Wenn wir Produkte verbessern, müssen wir uns weiterhin Anfragen beugen, die mit dem Gesetz in Einklang sind.” Das Unternehmen betonte, dass es Kundendaten nur auf Anfrage der Regierung herausgebe – und auch das nur, wenn es um spezifische Konten oder Nutzer gehe.

Spannungen zwischen Silicon Valley und Obama-Regierung

Aus den Unterlagen geht laut “Guardian” hervor, dass das durch “Prism” gesammelte Material routinemäßig an das FBI und den US-Auslandsgeheimdienst CIA geht. In einem NSA-Dokument sei von einem “Mannschaftssport” die Rede.

Die neuen Informationen zeigen nach Angaben des “Guardian” auch, dass es Spannungen zwischen dem Silicon Valley, Standort zahlreicher Computerunternehmen, und der Regierung von US-Präsident Barack Obama gibt. Alle großen Technologiefirmen drängten die US-Regierung, ihnen zu erlauben, das Ausmaß der Zusammenarbeit mit den Behörden öffentlich zu machen, um den Datenschutzbedenken ihrer Kunden gerecht zu werden.

11. Juli 2013, 23:34 Uhr

Find this story at 11 July 2013

© SPIEGEL ONLINE 2013

In the magazine earlier this month, I wrote about Greg Chung, a Chinese-American engineer at Boeing who worked on NASA’s space-shuttle program. In 2009, Chung became the first American to be convicted in a jury trial on charges of economic espionage, for passing unclassified technical documents to China.

While reporting the story, I learned a great deal about an earlier investigation involving another Chinese-American engineer, named Chi Mak, who led F.B.I. agents to Greg Chung. The Mak case, which began in 2004, was among the F.B.I.’s biggest counterintelligence investigations, involving intense surveillance that went on for more than a year.

The stakes were high: at that time, the F.B.I. did not have a stellar record investigating Chinese espionage. Three years earlier, the government had been publicly humiliated by its failed attempt to prosecute the Chinese-American scientist Wen Ho Lee on charges of passing nuclear secrets from the Los Alamos National Laboratory to China, in a case that came to be seen by some observers as an example of racial prejudice. The investigation of Chi Mak—followed by the successful investigation and prosecution of Greg Chung—turned out to be a milestone in the F.B.I.’s efforts against Chinese espionage, and demonstrated that Chinese spies had indeed been stealing U.S. technological secrets.

While Chung volunteered his services to China out of what seemed to be love for his motherland, the F.B.I. believed that Mak was a trained operative who had been planted in the U.S. by Chinese intelligence. Beginning in 1988, Mak had worked at Power Paragon, a defense company in Anaheim, California, that developed power systems for the U.S. Navy. The F.B.I. suspected that Mak, who immigrated to the U.S. from Hong Kong in the late nineteen-seventies, had been passing sensitive military technology to China for years.

The investigation began when the F.B.I. was tipped off to a potential espionage threat at Power Paragon. The case was assigned to a special agent named James Gaylord; since the technologies at risk involved the Navy, Gaylord and his F.B.I. colleagues were joined by agents from the Naval Criminal Investigation Service. Mak was put under extensive surveillance: the investigators installed a hidden camera outside his home, in Downey, California, to monitor his comings and goings, and surveillance teams followed him wherever he went. All of his phone calls were recorded.

A short and energetic sixty-four-year-old with a quick smile, Mak was a model employee at Power Paragon. Other workers at the company often turned to him for help in solving problems, and Mak provided it with the enthusiasm of a man who appeared to live for engineering. His assimilation into American life was limited to the workplace: he and his wife, Rebecca, led a quiet life, never socializing with neighbors. Rebecca was a sullen, stern woman whose proficiency in English had remained poor during her two and a half decades in the United States. She never went anywhere without Mak, except to take a walk around the neighborhood in the morning.

Sitting around the house—secret audio recordings would later show—the two often talked about Chinese politics, remarking that Mao, like Stalin, was misunderstood by history. The influence of Maoist ideology was, perhaps, evident in the Maks’ extreme frugality: they ate their meals off of newspapers, which they would roll up and toss in the garbage. Every Saturday morning, after a game of tennis, they drove to a gas station and washed their car using the mops and towels there. From the gas station, the Maks drove to a hardware store and disappeared into the lumber section for ten minutes, never buying anything. For weeks, the agents following them wondered if the Maks were making a dead drop, but it turned out that the lumber section offered free coffee at that hour.

* * *
One evening in September, 2004, Gaylord drove to a playground next to the freeway in Downey. About two dozen of Gaylord’s colleagues from the F.B.I. were already gathered there, including a team from the East Coast that specialized in making clandestine entries into the homes of investigation suspects. That night, they planned to conduct a secret search of Mak’s house. Mak and Rebecca were vacationing in Alaska, and this gave agents an opportunity to use a court order authorizing them to enter the Maks’ residence in their absence.

For weeks, agents had been watching Blandwood Road, the street the Maks lived on, researching the nightly patterns of nearby neighbors. The person next door routinely woke up at three to go to the bathroom, walking past a window that offered a partial view into the Maks’ house. Behind the Maks’ residence was a dog that was given to barking loudly. A neighbor across the street came out every morning at four to smoke a cigarette. If any of them were to raise an alarm, the search would not remain secret. Mak would find out and, if he was indeed a spy, it would become harder to find evidence against him.

Shortly before midnight, Gaylord and two other agents got into a Chevy minivan with the middle and back rows of seats removed. The vehicle was identical in appearance to the one that Mak drove; it would raise no suspicions even if neighbors happened to notice it. The agents lay down flat in the back of the van, leaving only the driver visible from the street. After getting the go-ahead from a surveillance team, the van pulled out from the playground and drove to Blandwood Road, stopping a short distance from the Maks’ house.

The group of entry specialists was already inside the house. Gaylord gently opened the front door and entered, letting two other agents in behind him. The men stood motionless, waiting for their eyes to adjust to the darkness. Everything they could see was covered in a thick layer of dust, including a model airplane on a coffee table and a vacuum cleaner in the hallway. In the dim light, Gaylord saw stacks of documents, some two to three feet high, everywhere: by the front door, on the dinner table, in the home office.

The agents began photographing the documents, taking care to put them back exactly as they had been. Among the stacks were manuals and designs for power systems on U.S. Navy ships and concepts for new naval technologies under development. One set of documents contained information about the Virginia-class submarines, describing ways to cloak submarine propellers and fire anti-aircraft weapons underwater.

The agents took pictures of other materials: tax returns, travel documents, and an address book listing Mak’s contacts, including several other engineers of Chinese origin living in California. This is where the F.B.I. first came across the name Greg Chung.

* * *
The F.B.I. was also watching Chi Mak’s younger brother, Tai Mak, who had moved to the U.S. from Hong Kong in 2001. Tai was a broadcast engineer for a Hong Kong-based satellite-television channel, Phoenix TV, which is partly owned by the Chinese government. He lived in Alhambra, about twelve miles from Downey, with his wife, Fuk Li, and their two teen-age children, Billy and Shirley.

Fuk and Rebecca didn’t get along, and would bad-mouth each other to their husbands. Still, the two families got together every few weeks, usually at a Chinese restaurant in Alhambra, which has a large Chinese-American population. A frequent topic of conversation was Fuk’s aging mother, who lived alone in Guangzhou. Fuk and Tai were concerned about her health, and they depended on a family friend named Pu Pei-liang, a scholar at the Center for Asia Pacific Studies at Sun Yat-sen University, to check on her periodically.

Every week, agents inspected the trash from both families’ houses, after offloading it from a garbage truck. “It’s not a fun duty, especially in the summertime, here in California,” Gaylord told me. The job fell mostly to Gaylord’s younger colleagues, who would lay the garbage out in a parking lot or a garage and rummage through it.

The trash searches and the surveillance went on for months, but they yielded no evidence. “I never said it, but I thought, Wow, we’re using a lot of resources, but we haven’t proved anything yet,” Gaylord told me. Then, one day in February, 2005, Jessie Murray, an agent who spoke Mandarin, found several torn-up bits of paper with Chinese text while going through Chi and Rebecca’s trash. She put them in a Ziploc bag and brought them to the office.

The agents assembled the contents of the bag like a jigsaw puzzle. Patched together, the pieces constituted two documents, one handwritten and the other machine-printed. Gunnar Newquist, an investigator assigned to the case by the N.C.I.S., spotted an English phrase at the bottom of the handwritten sheet. “DDX,” he said, reading it aloud. “That’s a Navy destroyer.”

The handwritten text turned out to be a list of naval technologies and programs: submarine propulsion networks; systems for defending against nuclear, chemical, and biological attacks; and others. On the printed sheet were instructions about going to conferences to collect information. Gaylord was certain that the two documents were tasking lists from Chinese intelligence.

DDX-handwritten-tasking-list-580.jpg

Tasking-List-(Machine-Written)-580.jpg

In October, the F.B.I. made another covert entry into Chi Mak’s house and installed a hidden camera above the dining-room table; the surveillance video from that camera can be seen below. Days later, on a Sunday morning, agents observed Mak sitting at the table, inserting CDs into a laptop and talking to Rebecca about the information that he was copying. All of it related to the Navy, including a paper about developing a quieter motor for submarines, a project that Mak was in charge of at Power Paragon.

Combing through translated phone conversations from the previous week, investigators learned that Fuk and Tai were planning to leave California for China the following Friday. They discovered a call that Tai had made to Pu, the family friend in Guangzhou, which Tai began with a strange introduction: “I am with Red Flower of North America.” Tai told Pu that he was coming to China for the spring trade show, and that he was bringing an assistant. Pu asked him to call upon arriving at the Guangzhou airport, using a phone card that Pu had given him earlier. Tai was clearly speaking in code: he wasn’t connected to any organization named Red Flower, and it was autumn, not spring.

The following day, Tai and Fuk talked about the upcoming trip. Fuk asked if they would have to carry a heavy load of documents from Chi Mak, as they had done in the past. Tai assured her that, this time, they only needed to put the information on disks, using the computer that Pu had given them.

Fuk and Tai were arrested at the Los Angeles airport after security agents searched their luggage and found an encrypted disk containing the files that Chi Mak had copied. On the same night, F.B.I. agents arrested Chi and Rebecca Mak just as they were preparing for bed. The two sat silently on the couch while agents searched the house, for the first time with the lights turned on.

* * *
During a six-week jury trial in 2007, government prosecutors painted Chi Mak as a trained spy who started his career as an intelligence officer for the Chinese government during his years in Hong Kong. Mak’s first assignment, according to the prosecution, was monitoring the movements of U.S. Navy ships entering and leaving the Hong Kong harbor during the Vietnam War, a job that Mak performed assiduously while working at his sister’s tailor shop. Gunnar Newquist testified that, in an interview given to Newquist and a fellow N.C.I.S. agent shortly after his arrest, Mak had confessed to sending information about commercial and military technologies to China since the early eighties. Mak denied making any such confession.

On May 10, 2007, the jury convicted Mak on charges of conspiring to export U.S. military technology to China and acting as an unregistered agent of a foreign government. Weeks later, Tai, Fuk, and their son, Billy, pleaded guilty to being part of the conspiracy. Rebecca Mak pleaded guilty to being an unregistered foreign agent. Mak was sentenced to twenty-four and a half years; Tai received a sentence of ten years. Fuk and Billy were deported to China, as was Rebecca—after she had spent three years in prison.

When I went to see Mak, last summer, at the Federal Correctional Institution, in Lompoc, California, a minimum-security prison near Vandenberg Air Force Base, he denied that he had ever worked for Chinese intelligence. Mak also insisted that Chung hadn’t spied for China, either. He said that they had both been unfairly targeted by investigators, as part of a politically motivated campaign against China by U.S. law enforcement agencies. The reason he’d come to the U.S. in the seventies, Mak said, was not to work as a sleeper agent—as the prosecution had claimed—but to advance professionally and to see the world. At one point, he caught himself going on at length about an aircraft-powering generator he had helped to design in the eighties. “When I talk technical, I get excited,” he said, grinning sheepishly.

His enthusiasm waned when I asked him about the list of military technologies that the F.B.I. had recovered from his trash. He told me that he’d found it inside a book on Chinese medicine that his nephew, Billy, brought back for him from a trip to China. “Maybe somebody was trying to take advantage of Billy,” he said. When I pressed him to guess who the sender of the list might have been, Mak got fidgety and grim. “It could have been Pu Pei-liang,” he said, finally. He insisted that the only thing he’d ever done with the list was tear it up.

Mak acknowledged that he’d sent papers to Pu in the past, but said that they were all from the open literature. The CDs he’d given to Tai before Tai’s aborted trip to China didn’t contain anything sensitive, either, he said, alleging that the prosecution had greatly exaggerated their importance. Still, I asked, who were the CDs meant for? Mak narrowed his eyes, as if trying hard to remember. “I’m not too sure,” he said. “I’m not too sure.”

MAY 16, 2014
POSTED BY YUDHIJIT BHATTACHARJEE

Find this story at 16 May 2014

© 2013 Condé Nast.

SANTA ANA, Calif. — A Chinese-born engineer convicted in the United States’ first economic espionage trial was sentenced Monday to more than 15 years in prison for stealing sensitive information on the U.S. space program with the intent of passing it to China.

Dongfan “Greg” Chung, a Boeing stress analyst with high-level security clearance, was convicted in July of six counts of economic espionage and other federal charges for storing 300,000 pages of sensitive papers in his Southern California home. Prosecutors alleged the papers included information about the U.S. space shuttle, a booster rocket and military troop transports.

Before reading the sentence, U.S. District Judge Cormac J. Carney said he didn’t know exactly what information Chung had passed to China over a 30-year period. But just taking the “treasure trove of documents” from Boeing Co., a key military contractor, constituted a serious crime, he said.

“What I do know is what he did, and what he did pass, hurt our national security and it hurt Boeing,” the judge said.

During brief remarks, Chung, 74, begged for a lenient sentence, saying he had taken the information to write a book.

“Your honor, I am not a spy, I am only an ordinary man,” said Chung, who wore a tan prison jumpsuit with his hands cuffed to a belly chain as his wife and son watched from the audience. “Your honor, I love this country. … Your honor, I beg your pardon and let me live with my family peacefully.”

Outside court, defense attorney Thomas Bienert said he would appeal.

“We have a different view of the facts and the evidence than the judge,” Bienert said. “We think the sentence should have been a lot less given the conduct involved.”

Prosecutors had requested a 20-year sentence, in part to send a message to other would-be spies, but the judge said he couldn’t determine exactly how much the breaches hurt Boeing and the nation.

Carney also cited the engineer’s age and frail health in going with a sentence of 15 years and eight months. Chung had a stroke within the past two years and was hospitalized several days ago with a gastrointestinal problem, Bienert said.

“It’s very difficult having to make a decision where someone is going to have to spend the rest of their adult life in prison,” Carney said. “I take no comfort or satisfaction in that.”

Assistant U.S. Attorney Greg Staples noted in his sentencing papers that Chung had amassed $3 million in personal wealth while betraying his adopted country.

“I know that there’s a lot of emotion on the defense side about what impact the sentence will have on the defendant, but I would like to put on the record that we are here speaking for the rest of the families in the United States who go to bed at night expecting that the security of this country is being looked out for,” Staples said.

The government accused Chung of using his decades-long career at Boeing and Rockwell International to steal papers on aerospace and defense technologies.

During the non-jury trial, the government showed photos of every available surface in Chung’s home covered with thick stacks of paper, and investigators testified about finding more documents in a crawl space. They said Boeing invested $50 million in the technology over a five-year period.

Chung’s lawyers argued then – and again at sentencing – that he may have violated Boeing policy by bringing the papers home, but he didn’t break any laws, and the U.S. government couldn’t prove he had given secrets to China.

The government believes Chung began spying for the Chinese in the late 1970s, a few years after he became a naturalized U.S. citizen and was hired by Rockwell.

Chung worked for Rockwell until it was bought by Boeing in 1996. He stayed with the company until he was laid off in 2002, then was brought back a year later as a consultant. He was fired when the FBI began its investigation in 2006.

When agents searched Chung’s home in Orange that year, they discovered thousands of pages of documents on a phased-array antenna being developed for radar and communications on the U.S. space shuttle and a $16 million fueling mechanism for the Delta IV booster rocket, used to launch manned space vehicles.

Agents also found documents on the C-17 Globemaster troop transport used by the U.S. Air Force and militaries in Britain, Australia and Canada – but the government later dropped charges related to those finds.

Prosecutors discovered Chung’s activities while investigating Chi Mak, another suspected Chinese spy living and working in Southern California. Mak was convicted in 2007 of conspiracy to export U.S. defense technology to China and sentenced to 24 years in prison.

Chung was the first person to be tried under the economic espionage provision of the Economic Espionage Act, which was passed in 1996 after the U.S. realized China and other countries were targeting private businesses as part of their spy strategies.

Since then, six economic espionage cases have settled before trial. In some of the cases, defendants were sentenced to just a year or two in prison.

Another economic espionage case went to trial in San Jose after Chung’s conviction, but a jury deadlocked on charges against two men accused of stealing computer chip blueprints from their Silicon Valley employer.

Prosecutors have previously tried cases under a different part of the 1996 act that deals with the theft of trade secrets.

GILLIAN FLACCUS 02/ 8/10 04:52 PM ET AP

Find this story at 2 August 2010

Copyright © 2014 TheHuffingtonPost.com, Inc.

In this Feb 19, 2008 file photo, Dongfan “Greg” Chung, is shown leaving the U.S. District Court in Santa Ana, Calif., with an unidentified woman. The prosecution and defense presented opening statements Tuesday June 2, 2009 in the first economic espionage case to reach trial in the United States. Prosecutors laid out their case against Chung, 73, in U.S. District Court in Santa Ana, Calif. AP PHOTO/ORANGE COUNTY REGISTER, CHRISTINA HOUSE

A Chinese-born engineer was convicted Thursday of stealing trade secrets critical to the U.S. space program in the nation’s first economic espionage trial.

A federal judge found former Boeing Co. engineer Dongfan “Greg” Chung guilty of six counts of economic espionage and other charges for taking 300,000 pages of sensitive documents that included information about the U.S. space shuttle and a booster rocket.

“Mr. Chung has been an agent of the People’s Republic of China for over 30 years,” U.S. District Judge Cormac J. Carney said while issuing his ruling.

Federal prosecutors accused the 73-year-old stress analyst of using his 30-year career at Boeing and Rockwell International to steal the documents. They said investigators found papers stacked throughout Chung’s house that included sensitive information about a fueling system for a booster rocket – documents that Boeing employees were ordered to lock away at the close of work each day. They said Boeing invested $50 million in the technology over a five-year period.

The judge convicted Chung of six counts of economic espionage, one count of acting as a foreign agent, one count of conspiracy, and one count of lying to federal agent. He was acquitted of obstruction of justice.

Chung opted for a non-jury trial that ended June 24. During the three-week trial, defense attorneys said Chung was a “pack rat” who hoarded documents at his house but insisted he was not a spy.

They said Chung may have violated Boeing policy by bringing the papers home, but he didn’t break any laws and the U.S. government couldn’t prove he had given any of the information to China.

Attorneys and prosecutors were not immediately available for comment after the verdict.

The Economic Espionage Act was passed in 1996 to help the government crack down on the theft of information from private companies that contract with the government to develop U.S. space and military technologies.

By CBSNEWSAPJuly 16, 2009, 1:18 PM

Find this story at 16 July 2009

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Spies such as Mata Hari, heroic nurse Edith Cavell, suffragette Sylvia Pankhurst and the Boy Scouts feature in documents

Exotic spies, heroes, and known and suspected communists feature in top-secret MI5 files available online for the first time on Thursday to mark the 100th anniversary of the first world war.

Mata Hari, Edith Cavell, Sir Roger Casement, Arthur Ransome, Sidney Reilly, a leading suffragette and the Boy Scouts were among those MI5 kept under surveillance in its early years as Britain’s Security Service.

Mata Hari, one of history’s most celebrated honey-trap spies, first came to MI5’s attention in December 1915 when she arrived at Folkestone on the Dieppe boat train. She admitted her destination was The Hague to be near her lover Baron Van der Capellen, a colonel in the Dutch Hussars.

The following year, MI5’s informant in The Hague, codenamed “T”, reported: “Mata Hari is a demi-mondaine who is in relation with highly placed people and during her sojourn in France she made the acquaintance of many French and Belgian officers. She is suspected of having been to France on an important mission for the Germans.”

In November 1916, questioned by MI5, Mata Hari claimed that a French consul in Spain had subsequently asked her to go to Austria to spy on that country’s forces.

A renowned dancer, Mata Hari was a Dutch divorcee born Marguerite Gertrude Zelle in the Dutch East Indies. A French intelligence report dated 22 May 1917, shown to a MI5 officer in Paris, noted: “Mata Hari today confessed that she has been engaged by Consul Cremer of Amsterdam for the German Secret Service. She was paid 20,000 francs in advance.”

She was shot by a French firing squad in 1917.

Edith Cavell, a British nurse at a Red Cross hospital in Belgium, was executed by a German firing squad in October 1915 for helping 200 allied soldiers to escape. The files in the National Archives show that British diplomats clung to the hope that Germany would not execute a woman who was regarded as a heroine.

An MI5 agent in Liège said he had been told by a reliable source that “the two spies who denounced Nurse Cavell have both been killed, one by a bullet in the head, the other by a dagger thrust in the chest”.

Sir Roger Casement, a British consul in Africa and South America knighted for his work in exposing the exploitation and slaughter of Africans and South American Indians, and Sidney Reilly, a naturalised Russian Jew dubbed the Ace of Spies, are other victims of espionage who feature among the 150 MI5 files.

Casement was arrested on a beach in Co Kerry, three days before the 1916 Easter rising, after landing in a boat that had picked him up from a German submarine. A trawler accompanying the submarine and carrying 20,000 guns was scuttled after being intercepted.

The MI5 documents show Casement knew the Easter rising was doomed to failure after Germany reneged on its promises to send troops to help the rebels. The UK government used his “black diaries” to smear him and sabotage a campaign to save his life.

“I have done nothing dishonourable, as you will one day learn,” he told Frank Hall, a senior MI5 officer. Casement was hanged in Pentonville prison on 3 August 1916.

Reilly was recruited to work for the British secret intelligence service, MI6. When he died in 1925 the Russians claimed a guard had shot him as he crossed the border with Finland. MI5 documents suggest he was executed by Bolsheviks in 1925.

Reilly had many wives, according to MI5. A Special Branch informer reported that his second wife, actress Pepita Bobadilla, went to the Russian embassy in Paris following his death. As she applied for a visa, she told the Russians her husband had been “spying for the British government”.

Arthur Ransome, author of Swallows and Amazons, caught MI5’s attention as correspondent for the Manchester Guardian in Moscow who married Trotsky’s secretary, Evgenia Petrovna Shelepina.

British officials told MI5 that Ransome was “exceedingly clever and interesting fellow – but an out and out Bolshevist”. The British consul and MI6 officer in Moscow, Robert Bruce Lockhart, soon corrected them. Ransome, who was given the codename S76, was a valuable intelligence asset during the chaos of the Russian revolution, he said.

The files include one on the suffragette Sylvia Pankhurst, one of MI5’s later targets. MI5 noted that in 1940 she wrote to Viscount Swinton, chairman of a committee investigating Fifth Columnists, sending him a list of active Fascists still at large and of anti-Fascists who had been interned. A copy of the letter includes a note by Swinton, saying: “I should think a most doubtful source of information.”

The files also show how MI5 was concerned that the Boy Scouts were being infiltrated by Communists after the first world war.

The files can be accessed at the National Archives link – First World War 100.

Richard Norton-Taylor
The Guardian, Wednesday 9 April 2014 22.43 BST

Find this story at 9 April 2014

© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

World War I spy Mata Hari refused to fully confess to espionage before facing French firing squad in 1917.

Mata Hari was a wildly-popular Dutch exotic dancer, who was executed as a German spy in 1917.

The spy known as “Mata Hari” was glib in her final prison interrogation before her life ended in front of a French firing squad in the First World War, according to formerly top secret files from the British intelligence agency MI5.
Mata Hari, once a wildly popular Dutch exotic dancer, didn’t appear fazed when an interrogator confronted her with a long list of her lovers, an MI5 report released earlier this month states.
“When faced with her acquaintances with officers of all ranks and all nations, she replied that she loved all officers, and would rather have as her lover a poor officer than a rich banker,” the MI5 files note.
Walking the Western Front:
• Where John McCrae wrote ‘In Flanders Fields’
• The ‘Trench of Death’
Her lovers included a wide range of ages and nationalities, including Germans, French, Russians, Swiss and Spaniards, the files state.
At the time of her execution on Oct. 15, 1917, in a muddy field outside Paris, she was accused of feeding Germany information that cost some 50,000 Allied troops their lives.
But two academics who have studied her case say they don’t believe she provided Germany with any useful information for its war effort.
“She really did not pass on anything that you couldn’t find in the local newspapers in Spain,” said Julie Wheelwright of City University in London, the author of The Fatal Lover: Mata Hari and the Myth of Women in Espionage.
Mata Hari was the stage name for Gertruda Margaretha Zelle, who was born July 8, 1876, in the Dutch East Indies to a Dutch father and a Javanese mother. Wheelwright said she became an exotic dancer after fleeing an abusive marriage.
Wheelwright described her as “an independent woman, a divorcee, a citizen of a neutral country, a courtesan and a dancer, which made her a perfect scapegoat for the French, who were then losing the war.”
“She was kind of held up as an example of what might happen if your morals were too loose,” Wheelwright said.
Wesley Wark, a security, intelligence and terrorism expert at the University of Ottawa, said Mata Hari provided France with a scapegoat when the country wrestled with emerging power for women and fears of losing the war.
“They needed a scapegoat and she was a notable target for scapegoating,” Wark said.
In the MI5 files, an intelligence officer sounds impressed with her attitude during her final days.
“She never made a full confession nor can I find … that she ever gave away anyone as her (accomplice),” the report states.
“She was a ‘femme forte’ and she worked alone,” the report concludes.
The newly released files show Mata Hari was trailed by Allied surveillance officers across France, Spain and England.
The officers noted that on Aug. 4, 1916, she wrote to a Don Diego de Leon and then met a Capt. Vladimir de Masloff, of the Russian army, stationed in France.
“He was very intimate with her from this date and constant letters pass between, he was her favourite lover,” the MI5 files state.
“Same day she met PROFESSOR MARIANI Captain Italian Army.”
While in custody in the ancient Prison de Saint-Lazare outside Paris, she admitted to having spied for the Germans, the MI5 files state.
A file dated May 22, 1917 states: “Matahari today confessed that she has been engaged in Consul CREMER of Amsterdam for the German Secret Service. She was paid 20,000 (francs) in advance and her number was H.21.”
That file also notes her German spymasters gave her vials of invisible ink.
Much of her prison interrogation statement concerns mundane thoughts, not troop movements.
Her MI5 file includes the note: “She had discussed the life led by people in Paris, as regards supply of food etc., had said that the English officers in Paris treated their French Allies badly, although the French went out of their way to treat them ‘like Kings’; that the French nation might live to regret that they had ever allowed the English into the country … .”
Even if she wanted to divulge information, there wasn’t much she could say, Wark said. “Politics wasn’t really part of her world.”
Accounts of her execution say she waved off the offer of a blindfold or the last sacrament. She was reportedly blowing a kiss — at her lawyer, a nun or the firing squad, depending on who’s telling the story — the instant her life ended.
Wheelwright thinks this was likely bravado on the dancer’s part.
“This was going to be her last performance and she was going to go out in style,” she said. “She was playing to the crowd, which is what she always did.”

By: Peter Edwards Star Reporter, Published on Thu Apr 24 2014

Find this story at 24 April 2014

© Copyright Toronto Star Newspapers Ltd. 1996-2014

Mata Hari: beautiful exotic dancer turned espionage agent
Mata Hari, the glamorous World War I spy shot by the French in 1917, was watched by MI5 for two years, according to the newly released secret government papers.
The former wife of a Dutch army colonel, she was recruited by German intelligence while performing as a stripper in Berlin.

Special Report: Wartime Spies The sultry spy, who was notorious in prewar Paris for her exotic dancing and libidinous lifestyle, was interrogated twice by the British secret service but they could not force her to reveal her activities.

She later confessed all to French authorities and was executed. Her MI5 files note however that there was never any evidence that she passed on anything of military importance.

‘Unfavourable impression’

Mata Hari was born Margaretha Geertruida Zelle in Leeuwarden, The Netherlands.

She first attracted the suspicion of British officials in December 1915 and was arrested at the southern English port of Folkestone attempting to board a boat for France.

Under interrogation, she admitted she was heading for The Hague to live near her lover, a Dutch colonel. But MI5 could not pin anything further on her.

Her interrogator, Captain S S Dillon, noted at the time: “Although she had good answers to every question, she impressed me very unfavourably, but after having her very carefully searched and finding nothing, I considered I hadn’t enough grounds to refuse her embarkation.”

The report also noted that she was “handsome, bold … well and fashionably dressed” in a costume with “raccoon fur trimming and hat to match”.

Suspect

Mata Hari
MI5 decided to keep tabs
MI5 continued to monitored her after she settled in The Hague, and soon an informant revealed she was being paid by the German Embassy.

A February 1916 intelligence report noted that she was “in relation with highly placed people and during her sojourn in France she made the acquaintance of many French and Belgian officers”.

“She is suspected of having been to France on important mission for the Germans,” the report said. The report concluded that the matter was being followed up.

Wrongly suspected

In November 1916, British authorities removed Mata Hari from a steamer at the port of Falmouth en route from Spain to Holland, believing she was another German spy, Clara Benedix.

She was taken, along with her 10 travelling trunks, to be interviewed by MI5 and the police. She told them she had been recruited by a Belgian officer, to work for his country’s intelligence service.

She also alleged that the French consul in Vigo, Spain, had asked her to spy on Russian forces in Austria.

Death by firing squad

Once again there was insufficient evidence to detain her and she was sent back to Spain.

The following year she was arrested by the French authorities, court martialled and sentenced to death by firing squad.

A French intelligence report shown to MI5 noted: “Mata Hari today confessed that she has been engaged by Consul Cremer of Amsterdam for the German Secret Service.”

She admitted sending “general information of every kind procurable,” but mentioned no military secrets, it said.

Tuesday, 26 January, 1999, 23:22 GMT

Find this story at 26 January 1999

© BBC

Police received at least 144 complaints by victims about late Liberal MP Sir Cyril, but MI5 and Special Branch put pressure on officers to drop investigations, new book claims

Politicians, police and M15 covered up former MP Sir Cyril Smith’s sexual abuse of vulnerable boys as young as eight for four decades, it has been claimed.
Police received at least 144 complaints by victims about the late Liberal MP Sir Cyril, but MI5 and Special Branch put pressure on officers to drop investigations, according to a new book.
The 29st MP for Rochdale was able to continue his abuse while the authorities blocked prosecutions, and the Liberal Party even put his name forward for a knighthood in 1988 in spite of the rumours of his activities circulating around Westminster, it has been alleged.
Former Liberal party leader David, now Lord Steel, nominated Sir Cyril for the honour despite knowing of the allegations about the MP, it was reported.
Lord Steel’s involvement only emerged in recent weeks after a Freedom of Information battle.
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The current Lib Dem leader Nick Clegg sent a celebratory message that was read out at Sir Cyril’s 80th birthday party, which said: “You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale.”
A new book, written by one of Sir Cyril’s successors as MP for the Lancashire constituency, Labour’s Simon Danczuk, also reveals that child porn was found in the late MP’s car but police were ordered to release him.
Sir Cyril, who died aged 82 in 2010, was arrested repeatedly for “acts of gross indecency with young lads” in public toilets but no action was taken, according to the book Smile for the Camera: the Double Life of Cyril Smith.
A member of the Liberal party, which later merged with the Social Democratic Party to become the Liberal Democrats, Sir Cyril was also a visitor to the notorious Elm Guest house in South-west London, which is now the focus of a Scotland Yard investigation into an alleged VIP paedophile ring, the Daily Mail reported.
Sir Cyril, who was MP for Rochdale between 1972 and 1992, was governor of almost 30 schools, and in the 1960s he helped to open Cambridge House children’s home, where he abused boys, often subjecting them to spurious medical examinations, according to the book.
But when police launched an investigation, a senior police officer intervened to stop it, it has been claimed.
The book, co-written by Matthew Baker, also claims that senior Labour figures’ support of the Paedophile Information Exchange helped keep Sir Cyril “hidden from scrutiny”.
It claims that police officers were threatened with dismissal and gagged by the Official Secrets Act if they tried to expose the Sir Cyril’s sexual abuse of boys.
Mr Danczuk, Rochdale MP since 2010, first raised Sir Cyril’s case in the House of Commons in 2012 after victims contacted him to tell of their ordeals.
Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing, the Daily Mail reported.
A spokesman for Mr Clegg said: “Clearly he would never have paid tribute to Cyril Smith if he had had any idea about these horrible allegations.”
A Liberal Democrat spokesperson said: “Cyril Smith’s acts were vile and repugnant and we have nothing but sympathy for those whose lives he ruined. His actions were not known to or condoned by anyone in the Liberal Party or the Liberal Democrats.”

By Melanie Hall11:22AM BST 12 Apr 2014

Find this story at 12 April 2014

© Copyright of Telegraph Media Group Limited 2014

For four decades, 29st politician was free to prey on vulnerable children as young as eight
Police received at least 144 complaints from victims yet authorities blocked any prosecution
New book serialised in Daily Mail details how Smith – who died in 2010 aged 82 – was repeatedly protected despite being arrested for sex crimes
MI5 and Special Branch officers put pressure on police to drop investigations
Child porn was found in Smith’s car but police were ordered to release him
Liberal Party put his name forward for knighthood in 1988 in spite of rumours of his sordid activities swirling around Westminster

The shocking scale of the Establishment cover-up of former Liberal MP Cyril Smith’s sickening sex abuse of boys is revealed today

The shocking scale of the Establishment cover-up of former Liberal MP Cyril Smith’s sickening sex abuse of boys is revealed today
The shocking scale of the Establishment cover-up of former Liberal MP Cyril Smith’s sickening sex abuse of boys is revealed today.
For four decades, the depraved 29st politician was free to prey on vulnerable children as young as eight.
Police received at least 144 complaints by victims of the predatory paedophile yet the authorities blocked any prosecution – allowing Smith brazenly to continue his abuse.
The Liberal Party even put his name forward for a knighthood in 1988 in spite of the rumours of his sordid activities swirling around Westminster.
David, now Lord Steel nominated him for the honour despite knowing of the allegations about the bachelor MP for Rochdale, the ex-Liberal leader’s involvement emerging only in recent weeks after a Freedom of Information battle.
At Smith’s 80th birthday party, a gushing message from current Lib Dem leader Nick Clegg was read out, which said: ‘You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale.’
Now, an explosive new book serialised in the Daily Mail details how Smith – who died in 2010 aged 82 – was repeatedly protected despite being arrested for a string of sex crimes.
Written by one of Smith’s successors as MP for the Lancashire constituency, Labour’s Simon Danczuk, the book reveals:
MI5 and Special Branch officers put pressure on police to drop investigations;
child porn was found in Smith’s car but police were ordered to release him;
he was repeatedly arrested for ‘acts of gross indecency with young lads’ in public toilets but no action was taken;
Smith was a visitor to the notorious Elm Guest house in South-west London, now the focus of a Scotland Yard investigation into an alleged VIP paedophile ring;
senior Labour figures’ support of the Paedophile Information Exchange helped keep Smith ‘hidden from scrutiny’.
In his book, Smile for the Camera: the Double Life of Cyril Smith, Mr Danczuk details Smith’s ‘rapacious sexual appetite’ and highlights chilling similarities between the northern MP and fellow paedophile Jimmy Savile.
For four decades, the depraved 29st politician (pictured above in 1972) was free to prey on vulnerable children as young as eight
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For four decades, the depraved 29st politician (pictured above in 1972) was free to prey on vulnerable children as young as eight
David, now Lord Steel (centre) nominated Smith for a knighthood despite knowing of the allegations about the bachelor MP for Rochdale, the ex-Liberal leader’s involvement emerging only in recent weeks after a Freedom of Information battle
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David, now Lord Steel (centre) nominated Smith for a knighthood despite knowing of the allegations about the bachelor MP for Rochdale, the ex-Liberal leader’s involvement emerging only in recent weeks after a Freedom of Information battle
Like the DJ, Smith – who in 1973 appeared on Savile’s Clunk Click TV show – portrayed himself as a charitable man supporting young boys to provide cover for his sordid activities.
But unlike in the Savile scandal, police forces around the country repeatedly investigated sex abuse allegations against Smith yet their efforts to prosecute the MP were constantly blocked.
The book details how police officers were threatened with dismissal and gagged by the Official Secrets Act if they attempted to expose the politician’s sordid activities.

More…
‘I’ve come to examine you’: From bogus medical examinations to punishment beatings, how paedophile Cyril Smith used his powerful public image to abuse boys
The truth about Labour apologists for paedophilia: Police probe child sex group linked to top party officials in wake of Savile
Knighted by Steel and eulogised by Clegg: Cyril Smith and the indelible shame of the Liberal Party
How Cyril Smith evaded the law: Sickening folly of the Left who aided his cause by advocating paedophilia
Mr Danczuk, Rochdale MP since 2010, first raised Smith’s case in the House of Commons in 2012 after victims contacted him to tell of their ordeals at the hands of the ‘29st bully’.
One young Liberal activist was sexually assaulted in Smith’s office in the House of Commons in the 1980s as other MPs, including then Labour leader Michael Foot, walked by.
Days later, the Crown Prosecution Service revealed that his victims’ claims were investigated by police on three separate occasion – in 1970, 1998 and 1999 – but each time files were submitted to prosecutors, they were rejected.
The Liberal Party, bruised by the negative publicity surrounding the 1979 conspiracy to murder trial of its leader Jeremy Thorpe (right) and aware of Smith’s ‘electoral Midas touch’, was eager to sweep the problems under the carpet
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The Liberal Party, bruised by the negative publicity surrounding the 1979 conspiracy to murder trial of its leader Jeremy Thorpe (right) and aware of Smith’s ‘electoral Midas touch’, was eager to sweep the problems under the carpet
The CPS belatedly agreed that Smith should have been prosecuted and Greater Manchester Police publicly acknowledged, amid ‘overwhelming evidence’, that he did sexually and physically abuse young boys.
The book, co-written by Matthew Baker, reveals that as far back as the 1950s, Rochdale police had their suspicions about the politician.
Smith, MP for Rochdale between 1972 and 1992, was governor of almost 30 schools. In the 1960s, he helped to open Cambridge House children’s home, where he abused boys, often subjecting them to spurious medical examinations.
But when police launched an investigation, the chief constable of Lancashire personally intervened to stop it.
In the 1970s Smith was arrested on a number of occasions in public toilets in London’s St James’s Park, a regular haunt for young male prostitutes after dark, but always walked free.
The cover-ups continued in the 1980s when Smith’s car was pulled over on the motorway near Northampton and traffic officers discovered child porn in the boot.
At Smith’s 80th birthday party, a gushing message from current Lib Dem leader Nick Clegg was read out, which said: ‘You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale’
+12
Now, an explosive new book serialised in the Daily Mail details how Smith – who died in 2010 aged 82 – was repeatedly protected despite being arrested for a string of sex crimes
+12
At Cyril Smith’s 80th birthday party, a gushing message from current Lib Dem leader Nick Clegg was read out, which said: ‘You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale’
‘The police were naturally disgusted and wanted to press charges,’ says the book. ‘But then a phone call was made from London and he was released without charge.’
When Rochdale police first started investigating him in 1972 they were threatened by the council’s Liberal leader and, according to Mr Danczuk’s book, rumours of his activities were well known in Westminster for many years.
But the Liberal Party, bruised by the negative publicity surrounding the 1979 conspiracy to murder trial of its leader Jeremy Thorpe and aware of Smith’s ‘electoral Midas touch,’ was eager to sweep the problems under the carpet .
David Steel, who took over from Mr Thorpe as party leader, even recommended Smith for his knighthood despite knowing of the sordid rumours that surfaced in 1979 that the MP had abused young boys.
The Cabinet Office had previously refused to disclose who had put Smith forward – claiming it would breach data protection rules – but the Information Commissioner’s Office ruled earlier this year that there was a ‘legitimate public interest’ in it being disclosed.
Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing
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Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing
Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing.
A spokesman for Mr Clegg said last night: ‘Clearly he would never have paid tribute to Cyril Smith if he had had any idea about these horrible allegations.’
The book also describes how Labour politicians’ support for a notorious paedophile group that campaigned to legalise sex with children helped Smith evade justice for years.
Earlier this year the Mail revealed the extraordinary links between the National Council for Civil Liberties and the Paedophile Information Exchange.
Labour’s deputy leader Harriet Harman, her MP husband Jack Dromey, and former Health Secretary Patricia Hewitt held key roles in the NCCL, which in 1975 granted ‘affiliate’ status to the group of predatory paedophiles.
Smith was friends with PIE founding member Peter Righton and Mr Danczuk said the NCCL’s backing for PIE helped Smith’s crimes remain secret.
‘Worryingly, it seemed a fair few on the Left, including some who have subsequently become key figures in the Labour Party, were fooled into giving this hideous group shelter.
‘All of which helped Cyril’s cause and kept him hidden from scrutiny.’
Smith was a visitor to Elm Guest House, in Barnes, south west London, which is at the centre of the Metropolitan Police’s Operation Fernbridge.
A Liberal Democrat spokesman said: ‘Cyril Smith’s acts were vile and repugnant and we have nothing but sympathy for those whose lives he ruined. His actions were not known to or condoned by anyone in the Liberal Party or the Liberal Democrats.’

‘I’ve come to examine you’: From bogus medical examinations to punishment beatings, how paedophile Cyril Smith used his powerful public image to abuse boys
By SIMON DANCZUK
The huge man, all of 29st, unlocked the door with his own key and burst into the teenager’s room.
‘Take your clothes off,’ he ordered the orphaned youngster, who was sick with the flu and had taken to his bed in the hostel instead of going to work.
‘I’ve been told you’re ill and I’ve come to examine you,’ the man declared. Yet this was no doctor, but a councillor and businessman, a respected and well-known figure in the local community.
Just like Jimmy Savile – whom he counted as a friend – Cyril Smith used his public image as a shield while manipulating his way into positions of influence over vulnerable young people he then ruthlessly abused. Above, Smith (bottom left) with children outside the House of Commons
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Just like Jimmy Savile – whom he counted as a friend – Cyril Smith used his public image as a shield while manipulating his way into positions of influence over vulnerable young people he then ruthlessly abused. Above, Smith (bottom left) with children outside the House of Commons
‘He was a colossus, more than three times my size,’ the lad recalled years later, in graphic and disturbing testimony. ‘I remember his eyes watching me like a beast sizing up its prey. In the folds of fat around his neck I could see rivulets of sweat.
‘Shaking with fear, I did as I was told. He bent down and clasped me with huge hands like shovels.
Suddenly he grasped my private parts and began to squeeze. I screamed.
‘Violence flashed in his eyes. “Now, now, lad. I’ll have none of your petulance. This is for your own good. I’m checking to see if there’s anything wrong with you,” he said, as he forced his way between my thighs again.
‘I don’t know how long it lasted, but it felt like hours.
‘When he rose there was a faint smile on his features, which twisted into a sneer as he said: “There’s nothing wrong with you, lad. You’re swinging the lead, trying to bunk off work.”
‘ “No,” I stammered. “I’ve never had a day off in my life. I’m sick.”
‘He lunged towards me and in one brutal movement threw me over his knee. Thwack, thwack, thwack.
‘His monstrous hand rained down on my bottom, smacking me until I thought I’d pass out. I cried out in pain, but that only made him hit me harder.
‘When he finished I was trembling and whimpering as he held me down and told me: “It had to be done, lad.”
‘Above his heavy breathing I could smell his rancid body odour. With a wet sponge, he then began to stroke me, rough hands sliding over the welts he had made.
‘He was humming to himself, broken every now and then by strange squeals of pleasure. “There, there,” he kept whispering, his breath bearing down on my neck.
‘When it was over he let me slide to the floor, cleared his throat and adjusted his braces. He pulled a handkerchief out of his pocket and mopped his brow.
‘ “You’ll know better now,” he said, and made his way out.
‘The door clicked shut. For a while the only thought I entertained was death.’
When he calmed down, the shattered youngster pulled his wits together.
‘I dragged my clothes on, gathered my things into a duffle bag and ran. I spent the next night huddled in a bus shelter,’ he said.
‘That winter of 1963 was the coldest in 200 years. But that was nothing compared to the chill left in me for the rest of my life.’
The sadistic bully who administered this beating at Cambridge House, a boys’ hostel in the Lancashire mill town of Rochdale — and in the process tainted this bright young man’s life — was Cyril Smith.
Smith posed as a tireless worker for children – at one point he was governor of 29 local schools and set up a youth charity, Rochdale Childer – using it all as a cover to prowl from classroom to classroom and youth club to youth club
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Smith posed as a tireless worker for children – at one point he was governor of 29 local schools and set up a youth charity, Rochdale Childer – using it all as a cover to prowl from classroom to classroom and youth club to youth club
In 1963, he was already an enormously powerful local figure, a political godfather with fingers in many pies.
Known as Mr Rochdale, he later became the town’s mayor, then its Liberal MP, and for 20 years strutted the national stage.
At Westminster, on television and in the media, Smith was a big man in every sense.
He was one of the most popular faces in politics, using his oversized appearance, humour and in-your‑face northern bluffness to stand out in a world of grey, indistinguishable politicians.
But just like Jimmy Savile — whom he counted as a friend — Smith used his public image as a shield while manipulating his way into positions of influence over vulnerable young people he then ruthlessly abused.
And, like Savile, he deployed his professional success, powerful personality and highly placed contacts to ensure he was never held to account. It was only after his death in 2010 at the age of 82 that men like that victim from Cambridge House felt safe to speak out.
Yet Cyril Smith’s dark side has always been talked about in Rochdale — and the whispers echoed through British politics.
One of the most shocking elements of his story is how the truth was known to the police and in Westminster, yet concealed from the wider public, allowing a paedophile to hide in Parliament.
When I first arrived in Rochdale as its prospective Labour candidate in 2007, I, too, was taken in by him. It was 15 years since he’d stood down as MP but he continued to cast a spell over the town.
Case studies
I’d be woken at 2am by people asking for urgent help on a problem. When I pointed out it was the middle of the night, I’d be told: ‘Cyril would always help us whatever time it was.’
A working-class boy made good, he oozed supreme confidence and had a common touch that broke down barriers, shuffling around Rochdale market in carpet slippers to buy a bag of tripe.
Although he was officially ‘retired’ from politics, he still sat in an armchair on street corners, smiling like some saintly monk while people queued to hear his homilies. Councillors couldn’t get elected without his backing.
At first, I respected him for his homespun politics, his spit-and-sawdust grit and his passion. But in time, the scales fell from my eyes and I was confronted with absolute horror. Once you looked beyond the jolly clown playing for the camera, there was a sickening, dark heart.
‘He’d grope all the boys as he gave out awards’
I saw it in police files that had been hidden for years and I heard it in the desperate voices of grown men Cyril had abused as boys.
As soon as the first victim approached me, there was no turning back. Every email, every phone call, every meeting uncovered more about his double life.
And the more I found out, the more I came to realise that this wasn’t just about abuse, it was about power — and a cover-up that reached from Rochdale all the way to the very top of the Establishment.
Smith posed as a tireless worker for children — at one point he was governor of 29 local schools and set up a youth charity, Rochdale Childer — using it all as a cover to prowl from classroom to classroom and youth club to youth club.
His happiest hunting grounds were Cambridge House, a hostel for ‘working boys’ he helped set up with other politicians, and Knowl View, a residential school for children with learning difficulties, where he was a governor and had his own set of keys, coming and going at will.
To sit before the men he abused there and listen to them recount their ordeals is an experience no one can prepare for. There is anger, confusion and a deep sense of shame as they recall violence, spanking and groping that will never be erased from their memories.
His happiest hunting grounds were Cambridge House, a hostel for ‘working boys’ he helped set up with other politicians, and Knowl View (above), a residential school for children with learning difficulties, where he was a governor and had his own set of keys, coming and going at will
+12
His happiest hunting grounds were Cambridge House, a hostel for ‘working boys’ he helped set up with other politicians, and Knowl View (above), a residential school for children with learning difficulties, where he was a governor and had his own set of keys, coming and going at will
Smith would carry out bogus medical examinations as an excuse to fondle them, or beat them as supposed punishment for breaking the rules — then ‘comfort’ them afterwards.
Those who defied him were hit and smashed against walls. Boys’ teeth were knocked out and their bodies treated like playthings.
Other details of Cyril’s abuse filtered through to me almost casually. The cleaner in my office mentioned in passing how he once played for a football team as a teenager and Smith presented the awards every year.
‘He’d grope all the boys as he was presenting their medals,’ I was told. ‘We complained to the coach, but he said we’d have to put up with it because Cyril was the sponsor and paid for the do.’
I listened, horrified. It was presented as just another everyday story of Cyril abusing boys — as if everyone knew.
I began to wonder how many other public figures over the years had received calls and letters about Cyril and not acted on them. I imagine there were a few.
‘I cried out but it only made him hit me harder’

Certainly, when I started to ask questions after getting elected, a fellow Labour MP approached me and told me to leave Cyril alone. ‘Don’t attack him, steer clear of him,’ he said. ‘It’s not worth it.’
It wasn’t just the words that irritated me, it was the look that followed. It more or less said: ‘Play the game, this is how it works, and if you want to join our club then obey our rules.’
One of the most troubling whispers that repeatedly reached me was that Cyril had been protected by MI5. But, initially at least, no one was prepared to go on the record about it.
A former Labour MP I approached started to talk but went silent after a few sentences. ‘No good will come of this,’ he said nervously. ‘It’s best left.’ And then he shut the door on me.
A former police officer I tracked down to his pub in Cheshire went white when I mentioned Cyril’s name. ‘I can’t talk about that time,’ he said, and again the door was closed.
It was hard not to conclude that powerful forces were still at work to protect Smith’s name. But the voices of the victims could not be silenced, and in the autumn of 2012, in Parliament, I named Cyril as an abuser.
After I spoke publicly, more stories flooded in, and not just from victims.
Many — as I will describe in detail in the coming days of this series — were from police officers saying Smith’s crimes were widely known to them but their superiors refused to act.
I was told of officers who found child pornography in the boot of Smith’s car, only for a mysterious call from London to tell them not to charge him.
It’s now known that on three separate occasions files were passed by Lancashire Police to the Director of Public Prosecutions and the Crown Prosecution Service containing details of Smith’s abuse. Yet on each occasion no prosecution was pursued. It is as though Cyril was untouchable
+12
It’s now known that on three separate occasions files were passed by Lancashire Police to the Director of Public Prosecutions and the Crown Prosecution Service containing details of Smith’s abuse. Yet on each occasion no prosecution was pursued. It is as though Cyril was untouchable
I was told how Smith’s case was used during police training on child abuse, with one instructor admitting there had been 144 complaints against him. Mysteriously, when this became known to her superiors, the instructor was silenced and moved to another job.
I was told how Smith was repeatedly detained for acts of gross indecency in toilets in St James’s Park, London, only for orders to discontinue inquiries in each case.
And I was told how, when other inquiries were completed and revealed compelling and disturbing evidence that Smith was a serial paedophile, they were ignored.
It’s now known that on three separate occasions files were passed by Lancashire Police to the Director of Public Prosecutions and the Crown Prosecution Service containing details of Smith’s abuse. Yet on each occasion no prosecution was pursued. It is as though Cyril was untouchable.
On one now notorious occasion, files of evidence on Smith held by Special Branch were removed by MI5 officers from the safe at police headquarters in Preston and taken to London. They were never seen again. This was just one of several cover-ups which I will reveal in detail later in this series.
Some will no doubt argue that things have changed. The cover-up of Cyril’s abuse was a long time ago. The values of the Seventies are a lot different to the standards expected in public life today. People wouldn’t stand for that now. Awareness of child abuse has improved tenfold. No one would tolerate this kind of behaviour among colleagues, surely?
I would like to believe this view, but all the signs I’ve seen suggest it’s not the case.
Cyril wasn’t the only abuser in Rochdale, and he was influential enough to ensure that other abusers were allowed to hang on to his coat-tails and carry on, undetected by the authorities.
The problem that the town has to face up to, I believe, is that paedophile gangs have been operating there for years.
A leaked report to the local health authority, by a council HIV prevention officer named Phil Shepherd, warned that men from as far away as Sheffield travelled to Rochdale to abuse boys at Knowl View School.
I will tell the full, horrifying story behind this report, and how it became public, later in this series.
But it instantly invites the questions: Who was organising this? Who knew what was happening? Who chose to remain silent?
A number of police officers have told me that Cyril was just the tip of the iceberg and, unfortunately, I expect more stories of his abuse to emerge.
I think in time we’ll hear that there were more abusers in Parliament, more terrible cover-ups.
And it won’t be just one political party that’s guilty of harbouring abusers.

Additional reporting: Matthew Baker.
By MICHAEL SEAMARK and GUY ADAMS and DANIEL MARTIN
PUBLISHED: 21:01 GMT, 11 April 2014 | UPDATED: 20:18 GMT, 12 April 2014

Find this story at 12 April 2014

© Associated Newspapers Ltd

Lib Dem candidate Dominic Carman says concerns about late MP’s behaviour were rife within Liberal party in 1970s

Liberal party grandees including the former leader Jeremy Thorpe were aware of allegations that Cyril Smith was a serial abuser of boys throughout the 1970s but failed to launch a formal inquiry, according to a Liberal Democrat candidate who has passed his concerns on to the police.

Dominic Carman, who has represented Nick Clegg’s party in two parliamentary elections, claimed that his father, the barrister George Carman, learned that concerns about the late MP for Rochdale’s behaviour were rife within the party while successfully defending Thorpe in a trial for conspiracy to murder in 1979.

Father and son discussed Liberal concerns about Smith at length in May 1979 as Thorpe prepared to go to trial, Carman said, amid concerns that their disclosure could harm the former leader’s defence.

The claims, which have been passed on to Greater Manchester police, will add to widening concern at institutional responses to allegations of abuse against the MP, who died in 2010. Officers believe that Smith was a prolific abuser of boys and should have been charged with crimes more than 40 years ago, it emerged in November.

They will also increase pressure upon the Liberal Democrats as they are forced to confront allegations of sexual harassment against Lord Rennard, one of the party’s most senior figures. Rennard denies any wrongdoing. There is no suggestion he was aware of the claims about Smith.

The party announced an inquiry last week into how it has handled past complaints of sexual impropriety. Tim Farron, the party’s president, has admitted that the party has “screwed up” inquiries into claims that Rennard groped or propositioned female activists.

Simon Danczuk, the Labour MP who first raised concerns about Smith’s activities in parliament in November, said that there is a pattern whenever allegations of sexual abuse emerge inside the Liberal Democrats. “They bury their heads in the sand and claim to know nothing. For the sake of Rochdale victims, Clegg has to stop stonewalling and now come clean on what his party knew about the sexual abuse carried out by Cyril Smith,” he said.

The Thorpe trial gripped the nation in 1979, amid claims of illicit affairs, greed, murder and revenge.

Thorpe, who led the Liberal party for nine years, was accused of plotting the murder of his alleged former lover, Norman Scott, for threatening to uncover their alleged affair. It was claimed that Thorpe and others had hired a hitman to kill Scott, but that the hitman had shot dead Scott’s dog, Rinka, instead.

George Carman’s reputation as a fearsome counsel was cemented after he cross-examined Scott. His son, Dominic Carman, who stood for the Lib Dems in 2010 in Barking and again at the Barnsley byelection in 2011, said that he discussed the Smith allegations with his father in May 1979 as the trial was about to begin.

These discussions were, he claimed, prompted by the publication in the week before the trial of allegations that Smith had abused boys in a children’s hostel printed in the Rochdale Alternative Press, a small circulation local magazine.

Thorpe’s legal team was concerned that the magazine’s report might be followed up by a national newspaper and have a negative impact upon the trial, Carman said.

“My father was told by Thorpe that senior Liberals knew of the serious nature of the allegations against Smith and that they dated back many years. I approached the police in December with information,” Carman said. A spokesman for Greater Manchester police confirmed that an officer has spoken to Carman.

Thorpe was cleared of plotting to murder Scott but failed to regain his political career.

Another source who also claimed to have spoken to George Carman during the trial said that the barrister was concerned about the possible impact of further revelations in the Thorpe trial.

“The reason that it was a genuine fear was because there were so many allegations against Smith involving boys that one assumed there was no smoke without fire,” the source said.

Smith was named by Danczuk in November on the floor of the House of Commons as a serial abuser of boys. Victims of Smith claim he abused many young boys in a hostel and a school in the late 1960s and continued to abuse others into the 1980s.

Police first investigated the claims in 1968, but the Crown Prosecution Service concluded there was no case to answer.

In November, the Crown Prosecution Service re-examined their files but this time said that, if the same evidence was unearthed today, they would have prosecuted Smith.

Alan Collins, a solicitor who represents 11 men who claim they were abused by Smith, urged the Lib Dems to come clean about what it knew about Smith’s abuse of young boys.

“The fact is a group of sexual abuse victims were cheated of justice and the smell of cover-up hangs in the air and needs one way or the other to be dispersed,” he said.

Thorpe, 83, who has Parkinson’s disease, has been given a list of detailed questions asking what he knew of allegations surrounding Smith, but has not responded.

Alistair Carmichael, the Liberal Democrat chief whip, conducted an internal inquiry into what MPs knew about Smith’s abuse of young boys in December, and concluded that there was no case to answer.

A spokesman for the Liberal Democrats said they would help police in any future inquiries into Smith: “We are a completely different party to the Liberals on 1979 – a different structure and different rules.”

Rajeev Syal
theguardian.com, Tuesday 26 February 2013 17.20 GMT

Find this story at 26 February 2013

© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Police find ‘overwhelming evidence’ former Rochdale MP attacked vulnerable boys and CPS criticises 1970s decision not to prosecute

Police have acknowledged that the late MP Sir Cyril Smith repeatedly physically and sexually abused children at a Rochdale care home but escaped answering the allegations after prosecutors declined to put him on trial.

Smith, the Liberal and subsequently Liberal Democrat MP for the town, who died in 2010, was the subject of police investigations dating back to the 1960s.

In a statement, Greater Manchester Police said there was “overwhelming evidence” that he attacked boys, six at the Cambridge House children’s home in Rochdale, and two others.

Smith was secretary of the Rochdale Hostel for Boys Association, where he was accused of abusing vulnerable youngsters by spanking and touching them.

The announcement is the first official recognition that Smith went to his grave without answering for his alleged crimes.

In another statement, the Crown Prosecution Service said a decision not to prosecute made in 1970 by the then director of public prosecutions would not have been made today. The CPS said attitudes and the law had changed, but added that one factor that allowed Smith to escape trial was an assessment by the DPP in 1970 that “the characters of some of these young men would be likely to render their evidence suspect”.

The first investigation into Smith uncovered eight youths who alleged that Smith attacked them when they were teenagers, between 1961 and 1966. The descriptions of the attacks were similar and according to the CPS “were allegedly conducted on the pretexts of either a medical examination or punishment for misbehaviour”.

Greater Manchester police said: “The force is now publicly acknowledging that young boys were victims of physical and sexual abuse committed by Smith.”

The statements from police and the prosectors come ahead of new media revelations about Smith and the failure to prosecute him which were expected to surface on Wednesday.

Assistant Chief Constable Steve Heywood said: “If the same evidence was presented to the CPS today, there would have been a very realistic prospect that Smith would have been charged with a number of indecent assaults, and that the case would have been brought to trial.

“Clearly that is a bold statement to make but it is absolutely important for those victims who were abused by Smith that we publicly acknowledge the suffering they endured. Although Smith cannot be charged or convicted posthumously, from the overwhelming evidence we have it is right and proper that we should publicly recognise that young boys were sexually and physically abused.”

Police would pursue allegations that Smith was helped to commit his attack by other people who are still alive, but as yet such claims have not surfaced.

In 1998 and 1999, Greater Manchester Police passed two separate files to the CPS about Smith’s activities at Cambridge House, but on both occasions no further action was recommended.

Simon Danczuk, the Labour MP for Rochdale, who first raised allegations against Smith on the floor of the House of Commons, said the CPS had serious questions to answer over its failure to act in the past.

A Liberal Democrat spokesman said: “These allegations are abhorrent and should be taken very seriously.

“Clearly the party does not endorse any person proved to have been in incidents such as these. All allegations should have been investigated thoroughly with the authorities taking whatever action necessary.

“Any new allegations should be made to the police. The Liberal Democrats are not aware of any allegations being made to the party, and have never been involved in any investigations.

“The alleged incidents and the reported police investigations took place outside of the time Cyril Smith was a Liberal MP.”

Vikram Dodd and Rajeev Syal
The Guardian, Tuesday 27 November 2012 20.16 GMT

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© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Court to conduct preliminary examination of around 60 alleged cases of unlawful killing and claims of mistreatment

The ICC will examine separate allegations, mostly from former detainees held in British miltiary custody in Iraq. Photograph: Ian Waldie/Getty Images
Allegations that British troops were responsible for a series of war crimes after the invasion of Iraq are to be examined by the international criminal court (ICC) at The Hague, the specialist tribunal has announced.

The court is to conduct a preliminary examination of what have been estimated to be 60 alleged cases of unlawful killing and claims that more than 170 Iraqis were mistreated while in British military custody during the conflict.

British defence officials are confident that the ICC will not move to the next stage and announce a formal investigation, largely because the UK has the capacity to investigate the allegations itself.

However, the announcement is a blow to the prestige of the armed forces as the UK is the only western state that has faced a preliminary investigation at the ICC. The court’s decision places the UK in the company of countries such as the Central African Republic, Colombia and Afghanistan.

In a statement released on Tuesday, the ICC said: “The new information received by the office alleges the responsibility of officials of the United Kingdom for war crimes involving systematic detainee abuse in Iraq from 2003 until 2008.

“The reopened preliminary examination will analyse, in particular, alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq between 2003 and 2008.”

But Dominic Grieve, the attorney general, said the government rejected any allegation that there was systematic abuse carried out by the British armed forces in Iraq.

“British troops are some of the best in the world and we expect them to operate to the highest standards, in line with both domestic and international law,” he said. “In my experience, the vast majority of our armed forces meet those expectations.”

Grieve added that, although the allegations were already being “comprehensively investigated” in Britain, “the UK government has been, and remains, a strong supporter of the ICC and I will provide the office of the prosecutor with whatever is necessary to demonstrate that British justice is following its proper course”.

The investigation means there will be a degree of scrutiny from The Hague of the British police team responsible for investigating the allegations, as well as the Service Prosecuting Authority (SPA), which is responsible for bringing courts martial cases, and Grieve, who must make the final decision on war crimes prosecutions in the UK.

The decision by the ICC chief prosecutor, Fatou Bensouda, was made after a complaint was lodged in January by the Berlin-based human rights NGO the European Centre for Constitutional and Human Rights and a Birmingham law firm, Public Interest Lawyers (PIL) – which represented the family of Baha Mousa, the Iraqi hotel receptionist tortured to death by British troops in 2003 – and has since represented scores of other men and women who were detained and allegedly mistreated.

The process of a preliminary examination can take several years.

The newly appointed head of the SPA, Andrew Cayley QC, who has 20 years’ experience of prosecuting at war crimes tribunals in Cambodia and at The Hague, said he was confident that the ICC would eventually conclude that the UK should continue to investigate the allegations. Cayley said the SPA “will not flinch” from bringing prosecutions if the evidence justified it.

He added that he did not expect any civilians – officials or government ministers – would end up facing prosecution.

Any war crime committed by British servicemen or servicewomen is an offence under English law by virtue of the International Criminal Court Act 2001.

The ICC has already seen evidence suggesting that British troops did commit war crimes in Iraq, concluding after receiving a previous complaint in 2006: “There was a reasonable basis to believe that crimes within the jurisdiction of the court had been committed, namely wilful killing and inhuman treatment.”

At that point, the court concluded that it should take no action, as there were fewer than 20 allegations.

Many more cases have emerged in recent years. Currently, the Iraq Historic Allegations Team, the body set up by the Ministry of Defence to investigate complaints arising from the five-year British military occupation of the south-east of the country, is examining 52 complaints of unlawful killing involving 63 deaths and 93 allegations of mistreatment involving 179 people.

The alleged unlawful killings include a number of deaths in custody and the complaints of mistreatment range from relatively minor abuse to torture.

PIL withdrew allegations of unlawful killings arising out of one incident, a firefight in May 2004 known as the battle of Danny Boy, although an inquiry continues to examine allegations that a number of insurgents taken prisoner at that time were mistreated.

The ICC will examine separate allegations, mostly from former detainees held in Iraq. Following the death of Baha Mousa, one soldier, Corporal Donald Payne, admitted being guilty of inhumane treatment of detainees and was jailed for one year. He became the first and only British soldier to admit a war crime.

Six other soldiers were acquitted. The judge found that Mousa and several other men had been subjected to a series of assaults over 36 hours, but a number of charges had been dropped because of “a more or less obvious closing of ranks”.

The MoD admitted to the Guardian four years ago that at least seven further Iraqi civilians had died in UK military custody. Since then, no one has been charged or prosecuted.

• This article was amended on Tuesday 13 May 2014 to reflect the fact that the ICC is not an EU institution, and to remove a reference to the forthcoming European elections.

Ian Cobain
The Guardian, Tuesday 13 May 2014 18.34 BST

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© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Harper facing criticism from human rights groups

The four-page, 2010 framework document, sent to then-Defence Minister Peter MacKay, says when there is a “substantial risk” that sending information to – or soliciting information from – a foreign agency would result in torture, the matter should be referred to the responsible deputy minister or agency head.
The four-page, 2010 framework document, sent to then-Defence Minister Peter MacKay, says when there is a “substantial risk” that sending information to – or soliciting information from – a foreign agency would result in torture, the matter should be referred to the responsible deputy minister or agency head. Pawel Dwulit/Canadian Press

The Conservative government has secretly ordered the Canadian military to share information with allies even when there’s a serious risk it could lead to torture.

The Defence Department was making good progress on developing a directive from the minister to put the policy into effect, a newly declassified memo shows.

The memo reveals Defence was slated to be the fifth and final federal agency to apply the Harper government’s instruction to exchange information with a foreign agency when doing so may give rise to a “substantial risk” of torture.

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The others are the Canadian Security Intelligence Service, the RCMP, the Canada Border Services Agency and Communications Security Establishment Canada, the electronic eavesdropping agency known as CSE.

The Canadian Press obtained a copy of the November 2011 memo under the Access to Information Act.

National Defence cannot release a copy of the resulting directive on information sharing — nor say when it was completed and issued — because it’s a classified document, said department spokeswoman Tina Crouse.

“We don’t have any comment right now,” she said.

Effectively condones torture
The federal policy has drawn sharp criticism from human rights advocates and opposition MPs, who say it effectively condones torture, contrary to international law and Canada’s United Nations commitments.

The war in Afghanistan is a stark illustration of the fact Canadian military forces can and do develop close relationships with foreign security forces that are unquestionably responsible for torture, said Alex Neve, secretary general for Amnesty Canada.

”Analyze the situation. If you think that sharing this information is likely to contribute to torture abroad, don’t do it.’- Justice Dennis O’Connor
A policy that leaves the door open for the possibility of collaboration even if torture may result “is particularly troubling,” Neve said in an interview.

The memo says the Defence directive was to flow from a federal framework that “establishes a consistent process of decision making” across departments and agencies when the exchange of national-security related information puts someone at serious risk of being tortured.

The four-page, 2010 framework document, previously released under the access law, says when there is a “substantial risk” that sending information to — or soliciting information from — a foreign agency would result in torture, the matter should be referred to the responsible deputy minister or agency head.

Certain factors considered
In deciding what to do, the agency head will consider various factors, including the threat to Canada’s national security and the nature and imminence of the threat; the status of Canada’s relationship with — and the human rights record of — the foreign agency; and the rationale for believing that sharing the information would lead to torture.

arar_maher040122
Maher Arar, a Syrian-born Canadian, was detained in New York in September 2002 and deported soon after by U.S. authorities. A federal commission of inquiry concluded that faulty information the RCMP passed to the Americans likely led to the Ottawa engineer’s traumatic detention. ((CBC))

The framework says it applies primarily to sharing with foreign government agencies and militaries, but also with military coalitions, alliances and international organizations.

In 2011, then-public safety minister Vic Toews issued directives to CSIS, the RCMP and the federal border agency that closely followed the wording of the government-wide framework.

That same year, MacKay issued a similar directive to CSE, which reports to the defence minister.The newly released memo, prepared for Peter MacKay — defence minister at the time — says the directive for his department was being “tailored to recognize the unique operational needs of a military organization.”

Maher Arar, a Syrian-born Canadian, was detained in New York in September 2002 and deported soon after by U.S. authorities — ending up in a vile Damascus prison cell. Under torture, he gave false confessions to Syrian military intelligence officers about involvement with al-Qaeda.

IN DEPTH: Maher Arar
A federal commission of inquiry, led by Justice Dennis O’Connor, concluded that faulty information the RCMP passed to the Americans very likely led to the Ottawa telecommunications engineer’s traumatic detention.

O’Connor recommended that information never be provided to a foreign country where there is a credible risk it will cause or contribute to the use of torture.

Critics say the recent federal directives on information sharing are squarely at odds with that recommendation.

It would have been easy to write a policy that conforms with it, Neve said.

“Analyze the situation. If you think that sharing this information is likely to contribute to torture abroad, don’t do it.”

The Canadian Press
Posted:Apr 13, 2014 1:29 PM ET
Last Updated:Apr 13, 2014 1:29 PM ET

Find this story at 13 April 2014

© The Canadian Press, 2014

WASHINGTON — Two weeks ago, a pair of F.B.I. agents appeared unannounced at the door of a member of the defense team for one of the men accused of plotting the 9/11 terrorist attacks. As a contractor working with the defense team at Guantánamo Bay, Cuba, the man was bound by the same confidentiality rules as a lawyer. But the agents wanted to talk.

They asked questions, lawyers say, about the legal teams for Ramzi bin al-Shibh, Khalid Shaikh Mohammed and other accused terrorists who will eventually stand trial before a military tribunal at Guantánamo. Before they left, the agents asked the contractor to sign an agreement promising not to tell anyone about the conversation.

With that signature, Mr. bin al-Shibh’s lawyers say, the government turned a member of their team into an F.B.I. informant.

The F.B.I.’s inquiry became the focus of the pretrial hearings at Guantánamo this week, after the contractor disclosed it to the defense team. It was a reminder that, no matter how much the proceedings at the island military prison resemble a familiar American trial, the invisible hand of the United States government is at work there in ways unlike anything seen in typical courtrooms.

“It’s a courtroom with three benches,” said Eugene R. Fidell, who teaches military justice at Yale Law School. “There’s one person pretending to be the judge, and two other agencies behind the scenes exerting at least as much influence.”

Thirteen years after 9/11, nobody has been convicted in connection with the attacks and, because of the F.B.I. visit, a trial could be delayed even longer. But it was only the latest in a string of strange events at Guantánamo Bay that, coupled with the decade-long delay, have undermined a process that was supposed to move swiftly, without the encumbrances of the civilian legal system and its traditional rules of evidence.

Last year, as a lawyer for Mr. Mohammed was speaking during another hearing, a red light began flashing. Then the videofeed from the courtroom abruptly cut out. The emergency censorship system had been activated. But why? And by whom? The defense lawyer had said nothing classified. And the court officer responsible for protecting state secrets had not triggered the system. Days later, the military judge, Col. James L. Pohl, announced that he had been told that an “original classification authority” — meaning the C.I.A. — was secretly monitoring the proceedings. Unknown to everyone else, the agency had its own button, which the judge swiftly and angrily disconnected.

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Last year, the government acknowledged that microphones were hidden inside what looked like smoke detectors in the rooms where detainees met with their lawyers. Those microphones gave officials the ability to eavesdrop on confidential conversations, but the military said it never did so.

“At some point, it just becomes silly,” said Glenn Sulmasy, a military law professor at the Coast Guard Academy who supports military trials for terrorism but said problems at Guantánamo Bay have undermined confidence in the system. “I don’t think we’re at that point yet, but at some point it just becomes surreal. It’s like there’s a shadow trial going on and we’re only finding out about it in bits and pieces.”

The court has also been troubled by computer problems. A botched computer update gave prosecutors and defense lawyers access to the other side’s confidential work. And the Pentagon acknowledged inadvertently searching and copying defense lawyers’ emails but said nobody read them.

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“These things keep happening,” a defense lawyer, James Harrington, said this week as he asked for an investigation into the F.B.I.’s activities. The other instances seemed like government intrusion, Mr. Harrington said, but lawyers could not prove it. “Here it really happened.”

The F.B.I. would not comment and military prosecutors said they knew nothing about the investigation. But the F.B.I. appears to be investigating how The Huffington Post got ahold of a 36-page manifesto that Mr. Mohammed had written in prison.

The government hopes to start the trial early next year, but it is not clear whether this issue will result in another delay. Mr. Harrington said he wanted Colonel Pohl to question F.B.I. officials and determine whether anyone else on the defense team had been approached by or gave information to the government.

“It’s just a horrible atmosphere to operate in,” Mr. Harrington said Friday. “It’s built on a shaky foundation, and one thing after another happens. I don’t see how anyone can have confidence in this process.”

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gmcnulty 24 days ago
The 9/11 terrorist murdered my son that day in September but I am sickened by the actions of some within our government.No matter what there…
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I have zero faith in the bureaucrats that run (leach off) our country. I am an eye for an eye purist, but we have laws for a reason. The…
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This is what our country has become, our so-called Democracy land of the free and the CIA.
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Christopher Jenks, a Southern Methodist University law professor and a former military prosecutor, said he sympathized with the Guantánamo prosecutors, who appeared to have been just as surprised as defense lawyers by the appearance of the F.B.I. and C.I.A. in their cases.

“You have these military prosecutors who are normally empowered to own their cases. And they don’t here,” Mr. Jenks said. If this were any other country’s system, Mr. Jenks said, “The reaction would be, ‘Oh my gosh. What a kangaroo process.’ ”

President George W. Bush created the military tribunal system for suspected terrorists in 2001. Years of court challenges followed and after the Supreme Court struck down the tribunal’s rules in 2006, Congress hurriedly wrote new rules giving prisoners more rights. More changes followed in 2009 and the government says the process is far better and fairer now.

The 9/11 trial, if it occurs, will be the biggest test of that system. Six detainees in other cases have pleaded guilty before military commissions. Two others have gone to trial and been found guilty, only to have their convictions thrown out by an appeals court.

Greg McNeal, a former adviser to the top Guantánamo prosecutor, said the military tribunal system was ripe for episodes like the one with the F.B.I. because it is so new. The civilian system and the traditional military judicial system have well-established rules and precedents for handling issues that arise. “Because it’s new and different, they may have a sense that they can get away with things,” Mr. McNeal said. He added, “There are interagency fights happening behind the scenes that have been going on for the past decade.”

The Obama administration had hoped to prosecute the 9/11 case in a New York criminal court. But it reversed course in the face of security fears and criticism that the government would grant constitutional rights to terrorists.

While the military tribunals have been plagued by delays, the department has successfully prosecuted several terrorism cases in civilian courts. Most recently, prosecutors in Manhattan won a conviction against Sulaiman Abu Ghaith, the most senior adviser to Osama bin Laden to be tried in civilian court in the United States since 9/11.

Attorney General Eric H. Holder Jr. noted that the New York case had proceeded from capture to conviction in about a year. “It is hard to imagine this case being presented with greater efficiency or greater speed,” he said.

Correction: April 22, 2014
An article on Saturday about the F.B.I.’s involvement in terrorism-related trials misspelled the surname of a Southern Methodist University law professor and former military prosecutor. He is Christopher Jenks, not Jencks.

By MATT APUZZO APRIL 18, 2014

Find this story at 18 April 2014

© 2014 The New York Times Company