Category: National Security

  • FUNERAL FOR VICTIMS OF US AIRSTRIKE

    A man weeps during a mass funeral for the 10 members of a family killed in a U.S. drone strike, in Kabul, Afghanistan, on Aug. 30, 2021.

    Photo: Marcus Yam/Los Angeles Times via Getty Images

    After the terrorist attack on the airport in Kabul, Afghanistan’s capital, that killed more than 170 Afghan civilians and 13 U.S. soldiers, President Joe Biden issued a warning to fighters from the Islamic State. “We will hunt you down and make you pay,” he said on August 26. Three days later, Biden authorized a drone strike that the U.S. claimed took out a dangerous cell of ISIS fighters intent on staging another attack on the Kabul airport. 

    Biden held up this strike, and another one a day earlier, as evidence of his commitment to take the fight to the terrorists in Afghanistan even as he declared an end to the 20-year war there. “We struck ISIS-K remotely, days after they murdered 13 of our service members and dozens of innocent Afghans,” he said in a White House speech. “And to ISIS-K: We are not done with you yet.”

    But the Kabul strike, which targeted a white Toyota Corolla, did not kill any members of ISIS. The victims were 10 civilians, seven of them children. The driver of the car, Zemari Ahmadi, was a respected employee of a U.S. aid organization. Following a New York Times investigation that fully exposed the lie of the U.S. version of events, the Pentagon and the White House admitted that they had killed innocent civilians, calling it “a horrible tragedy of war.”

    This week, the Pentagon released a summary of its classified review into the attack, which it originally hailed as a “righteous strike” that had thwarted an imminent terror plot. The results were predictable. The report recommended that no personnel be held responsible for the murder of 10 civilians; there was no “criminal negligence,” as the report put it. The fact that the U.S. military spent eight hours surveilling the “targets,” that a child could be seen in its own footage minutes before the strike — this was written off as a fog-of-war moment. The operators conducting the strike “had a genuine belief that there was an imminent threat to U.S. forces,” asserted the Air Force’s inspector general, Lt. Gen. Sami D. Said.

    They committed a mistake, he said, not a crime.

    The U.S. has promised to pay restitution to the survivors of the drone strike. This is part of a long-standing U.S. tradition to treat its widespread killings of civilians in the so-called war on terror as innocent mistakes made in pursuit of peace and security. The general who conducted the review says he has made recommendations on how to tinker with targeted killing operations to reduce the likelihood of other honest mistakes (as the Pentagon regards them) that wipe out entire families.

    None of this is new. It is a cycle that got into high gear under President Barack Obama (when Biden was vice president), continued during the Donald Trump presidency, and is not relenting in the Biden era.

    As the Pentagon absolves itself of this crime, the Biden administration is pushing ahead with its persecution of whistleblowers who exposed this system of killing innocents. Daniel Hale, a military veteran who pleaded guilty to disclosing classified documents that exposed lethal weaknesses in the drone program, is serving four years in prison. (Prosecutors said those documents formed the basis for The Drone Papers, a series of investigative articles published by The Intercept.) Among other revelations, Hale’s documents exposed how as many as nine out of 10 victims of U.S. drone strikes in Afghanistan were not the intended targets. In Biden’s recent drone strike, 10 of 10 were innocent civilians.

    While Hale was indicted under the Espionage Act during Trump’s tenure, Biden’s Justice Department has gone after him with a vengeance. In October, Hale was inexplicably transferred to a “Communications Management Unit” at the U.S. Penitentiary at Marion in southern Illinois. CMUs are used to severely limit a prisoner’s ability to communicate with the outside world, subject them to extreme periods of isolation, and allow for intensified surveillance of their communications and visits. CMUs are regularly labeled as “terrorist units.”

    And as the Pentagon’s mountain of lies about the August drone strike in Afghanistan came tumbling down, the Biden administration continued its quest to extradite WikiLeaks founder Julian Assange, being held in the U.K., for the offense of publishing evidence of U.S. war crimes. The Biden administration has made clear that it will uphold the long U.S. tradition of exonerating its killers and punishing those who expose them.

    The post U.S. Absolves Drone Killers and Persecutes Whistleblowers appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The FBI is investigating a failed 2019 mercenary plot related to the civil war in Libya and has sought to determine what role, if any, private military contractor Erik Prince had in the undertaking, according to six people with knowledge of the investigation. Prince has not been charged with a crime.

    Federal investigators last summer began probing Prince’s involvement in the attempted sale of Jordanian military helicopters and arms as part of the 2019 plan to help self-declared Libyan leader Khalifa Hifter overthrow the country’s United Nations-backed government, according to four of the people familiar with the investigation.

    The FBI declined to comment.

    In February, a U.N. investigation concluded that Prince and others violated the arms embargo on Libya, detailing parts of the secret effort to provide a team of mercenaries and aircraft for an assassination unit in support of Hifter. Prince has denied any involvement in the undertaking, dubbed Project Opus, and told the New York Times that he had never met or spoken to Hifter.

    Matthew Schwartz, a lawyer for Prince, said that his client had nothing to do with the mercenary plot. “As Mr. Prince has said repeatedly, he had absolutely no involvement in any alleged military operation in Libya in 2019, and the report which insinuated otherwise was based on an incomplete investigation and relied on biased sources.”

    In particular, FBI agents from the Washington Field Office have inquired into Prince’s role in creating and then trying to market a modified crop duster as a military aircraft for use in conflicts around the world. The airplanes were meant to be used in a larger effort to help the renegade Libyan military commander take control of Libya’s capital, Tripoli.

    The Intercept detailed Price’s repeated efforts to help move aircraft and other materiel from Jordan to Libya, which included arranging meetings with a member of then-President Donald Trump’s National Security Council, but Jordanian government officials stopped the deal. Prince worked with Jordanian royal Feisal ibn al-Hussein to arrange the sale and transfer of weapons, according to three people with knowledge of the arrangement. This summer, FBI agents sought to interview Feisal and several others who work with him, according to two people with knowledge of the FBI’s activities in Jordan. Feisal, through the Jordanian Embassy in Washington, previously denied that he had any involvement in the plot or any relationship with Prince.

    The U.N. report traced the rapid sale and transfer of three aircraft owned or controlled by Prince to a close associate for use in the Libya plot. The planes included a modified crop duster Prince created while he was CEO of Frontier Services Group, the Chinese security and logistics company he founded. Only Prince “was in the position to approve the sale and/or transfer of all three aircraft to support the operation in such a short time frame,” according to the U.N. report. The U.N. also traced the planes’ transfer from Prince-controlled companies, including Frontier Services Group, to a mercenary firm based in the United Arab Emirates and connected to Prince. “One quick transfer could be explained,” the U.N. report stated, “but not three from different companies, all under the effective control or influence of one individual.” The U.N. is cooperating with the FBI investigation.

    In April, two months after the U.N. documented the change in ownership of the Frontier Services Group planes, FSG announced that Prince had resigned from the company “due to his other business arrangements.” Schwartz, Prince’s attorney, said in an email that his client resigned over “disagreements with the management performance and direction of the company. Any suggestion that his resignation had anything to do with the UN Panel’s report is false.”

    After the plan to transfer the aircraft to Libya and the larger mercenary effort fell apart, one of the planes was moved to Cyprus. Earlier this month, FBI agents traveled to the Mediterranean island to inspect a modified American-manufactured crop duster, according to a person with knowledge of the probe. The FBI inspection of the aircraft was previously reported by Kathimerini, a Cyprus-based news organization. The Intercept had earlier reported on Prince’s secret effort to develop crop dusters into military aircraft and market them for use in multiple wars.

    Prince, the founder of Blackwater, is the brother of Trump Education Secretary Betsy DeVos and was one of the former president’s most ardent supporters. The scion of a wealthy and politically connected family, Prince has courted controversy since the war in Iraq, when Blackwater won major contracts to support the U.S. occupation. Blackwater was banned from Iraq in 2007 following the Nisour Square massacre, in which its contractors killed 17 Iraqis and wounded 20 more. Prince later sold Blackwater and moved to the UAE, where he built a secret mercenary force for the de facto ruler of the federation of seven Arab Gulf states, Mohammed bin Zayed, known as MBZ.

    An Iraqi man rides a bicycle passing by a remains of a car in Baghdad, 20 September 2007. The car was burnt during the incident  when Blackwater guards escorting US embassy officials opened fire in a Baghdad neighbourhood, 16 September 2007, killing 10 people and wounding 13.  Iraq and the United States agreed to establish a joint commission to examine security of US-government civilians in Iraq following a deadly shooting involving private security firm Blackwater, State Department spokesman Tom Casey said.     AFP PHOTO/ ALI YUSSEF (Photo credit should read ALI YUSSEF/AFP via Getty Images)

    A man rides a bicycle past the site of the Nisour Square massacre by Blackwater private contractors in Baghdad, Iraq, on Sept. 20, 2007.

    Photo: Ali Yussef/AFP via Getty Images

    During the Trump administration, Prince lobbied the White House to privatize the Afghanistan War as well as to create a secret intelligence unit for the president. Both proposals were rejected. Prince has denied that he advised the White House, but three people familiar with his role said that in recent years, Prince worked closely with Trump’s son-in-law Jared Kushner and MBZ, as the two negotiated policies in the Middle East and Africa. Kushner has denied working with Prince.

    The FBI has been scrutinizing Prince’s global network of businesses and operations since at least 2020, according to three of the people familiar with the probe. During the Trump presidency, FBI agents sought witnesses and documents to help them understand Prince’s role in the Libya arms deal involving surplus military aircraft and weapons from the Jordanian military, according to the three sources with knowledge of the investigation.

    More recently, the FBI sought permission from the British government to interview a U.K. army general who, while working as an adviser to Jordan’s king, investigated and ultimately helped stop the weapons sale and shipments to Libya, according to one of the people familiar with the FBI investigation. It is unclear if the U.K. approved the request or if the FBI has conducted the interview. The role of the British general, Alex MacIntosh, was disclosed by The Intercept in February.

    “The Ministry of Defence cooperates fully with law enforcement bodies when engaged by them,” a spokesperson for the ministry told The Intercept via email. “Brigadier Macintosh is a respected British Army officer who served with distinction alongside the Jordanian Armed Forces during his time in post.”

    The latest FBI inquiry is one of several government probes into Prince since his days running Blackwater. As part of his sale of that company, Prince negotiated a deferred prosecution agreement over weapons and export violations Blackwater committed while Prince was the sole executive overseeing the company. Blackwater paid nearly $50 million to settle charges as part of the agreement, but Prince was never personally charged with a crime.

    After Prince established his Chinese company, FSG, the FBI investigated multiple mercenary proposals to countries in Africa and the Middle East. In 2015, the FBI opened a counterintelligence investigation after Prince met with the Chinese intelligence service in an effort to open a bank account in China. That same year, after Prince secretly modified the two Thrush crop dusters and tried to sell them, American executives of FSG reported the possible export violation to the Justice Department.

    During Trump’s first year in office, Prince again faced federal scrutiny, this time from special counsel Robert Mueller, who sought to understand Prince’s role at a January 2017 meeting in the Seychelles with a Russian banker and top Kremlin emissary. The meeting, which was arranged by an aide to MBZ, included discussions around Prince’s mercenary business ambitions in Libya and the Middle East, according to FBI documents. Prince also testified under oath to a congressional committee about the Seychelles meeting. FBI interview notes of Prince and MBZ’s aide show that Prince used his trip to try to pitch the UAE crown prince on both his mercenary ambitions in Libya and the use of his modified crop dusters as military aircraft.

    After the Mueller report was released in 2019, both the House and Senate intelligence committees referred Prince for charges for possible false or misleading testimony in connection with their investigations into Russian interference in the 2016 presidential election. None of the federal investigations has resulted in charges.

    Ali Younes contributed reporting.

    The post FBI Investigation of Failed Mercenary Plot Delves Into Role of Erik Prince appeared first on The Intercept.

    This post was originally published on The Intercept.

  • In the introduction to “The Spoils of War,” an extraordinary new book by Andrew Cockburn, he makes a straightforward assertion about the U.S. military. “War-fighting efficiency has a low priority,” he writes, “by comparison with considerations of personal and internal bureaucracies. … The military are generally not interested in war, save as a means to budget enhancement.”

    This is not a popular perspective in Washington, D.C., to say the least. It’s of course legal for the New York Times and the Washington Post, or network television, to make this case. But just to be on the safe side, they never do.

    Intriguingly, it’s also not a left-wing critique, exactly. Leftist analysis of the American war machine generally credits it with a coherent plan to rule the world and an implacable lust for the violence needed to make it happen. “If you’re a dove, you think the whole thing’s really rotten,” Cockburn said in a recent appearance on Intercepted. However, “a lot of my good sources, and indeed friends, whose political views in other areas might make your hair stand on end” despise the military’s profligate behavior for their own reasons.

    9781839763656Cockburn

    Courtesy of Verso Books

    Cockburn suggests that the Pentagon and the corporations that feed off it have generated the largest and most byzantine bureaucracy in human history, filled with innumerable fiefdoms far more focused on besting their internal rivals than outside enemies. Today’s generals and admirals don’t engage in unnecessary activities like trying to win wars, but instead while their days away plotting how to join the board of General Dynamics six hours after their retirement party. Mid-level whistleblowers who suggest the military should procure helmets that protect soldiers from roadside bombs — rather than actually amplifying the damage — are energetically ostracized. Then, as with Chuck Spinney, a Pentagon analyst who testified in the 1980s before Congress on the soaring costs of complex weapons, they are punished. (Spinney managed to keep his job but his higher-ups stopped giving him anything of significance to do, leaving him lots of time to ponder his misdeeds before his retirement 20 years later.)

    Cockburn aptly quotes one Pentagon weapons designer in the 1960s telling new hires that they would be making “weapons that don’t work to meet threats that don’t exist.”

    The array of panjandrums in Cockburn’s compendium of avarice and folly at the top of the military world therefore appear like an expanded, hyperviolent version of the Roy family on the HBO show “Succession” — that is, they spend 98 percent of their time jockeying for wealth and power within the organization, and at most a residual 2 percent attempting to do what the organization purportedly exists to accomplish.

    Even the most wised-up cynic might rebel at this worldview. Can it possibly be true that the U.S. military — which converts wedding parties in Pakistan into scraps of wet red flesh with drones piloted from 8,000 miles away and possesses the ability to end human civilization in 30 minutes — is simultaneously this venal and preposterous? But Cockburn relentlessly piles fact upon fact until readers have no option but to admit that the answer is yes.

    Here are a few of the many, many examples that Cockburn provides:

    • During the first winter of the Korean War in 1950-51, half of American casualties were caused by frostbite. Incredibly enough, U.S soldiers hadn’t been equipped with warm boots and were forced to raid North Korean positions to steal their functional footwear. U.S. military spending had jumped following the beginning of hostilities, but much of the increase went to things that had nothing to do with the war, such as B-47 strategic nuclear bombers, a Boeing product far more profitable product than boring old boots.
    • More recently, in 2014, a $300 million B-1 bomber accidentally dropped two 500-pound bombs on five Special Forces soldiers in a nighttime raid near Kandahar in Afghanistan. In theory, the B-1 crew should have been able to tell these were American troops, since Special Forces wear infrared beacons visible with standard night vision goggles. In practice, the B-1’s night vision camera detects a different section of the infrared spectrum, and no one informed the crew of this. So why was the B-1 being sent on such missions in the first place, instead of planes better suited for it? Because the Air Force needed something for B-1s to do, since they were gratifyingly expensive but turned out not to be suited for their original mission of flying nuclear weapons to drop on Russia. With a full load of bombs, Cockburn writes, the B-1 can’t fly high enough to cross the Rockies.
    • Washington is currently in a tizzy over China purportedly testing nuclear-capable hypersonic missiles. Russia has already done so years ago, supposedly. Hypersonic missiles differ from standard intercontinental ballistic missile because they fly at a much lower altitude and are meant to be maneuverable (rather than following a predictable parabola like an ICBM). This is turn means they allegedly can evade America’s Star Wars missile defense systems. However, as Cockburn cogently explains, there are powerful technical reasons to believe that hypersonic missiles will never work as advertised. Meanwhile, with pleasing symmetry, Star Wars does not function and never will. Cockburn aptly quotes one Pentagon weapons designer in the 1960s telling new hires that they would be making “weapons that don’t work to meet threats that don’t exist.” Experts in the U.S., China, and Russia all must know that the entire field of hypersonic missiles is pointless, but hyping the threat from each other is a potent way for the military-industrial complex in each country to extract large chunks of cash from their citizens. In 2019, Lockheed Martin’s CEO broke ground on a new facility to develop hypersonic weapons with a golden shovel, presumably billed to the government on a cost-plus basis.

    Cockburn, currently the Washington editor of Harper’s Magazine, has been covering the Pentagon for decades, and it shows. He possesses a uniquely detailed knowledge of the arcane, lucrative machinations of this world, as well as a deep historical understanding of the forces that built it. And while the specifics change, the stories he tells all have the same shocking moral. “People say the Pentagon does not have a strategy,” he quotes a former Air Force colonel as saying. “They are wrong. The Pentagon does have a strategy. It is: ‘Don’t interrupt the money flow.’”

    If you’re still not convinced, the proof of this unpalatable pudding is in the eating. Consider America’s just-concluded 20-year war in Afghanistan. As the Taliban took over the country in days, it might have seemed that the whole thing was a colossal failure. But if you check your portfolio of defense contractor stocks, and visit the enormous mansions in the northern Virginia suburbs surrounding the Pentagon, you’ll see that, in fact, it was an incredible success.

    Listen to Jon Schwarz and Andrew Cockburn discuss “The Spoils of War” on this week’s episode of Intercepted:

    The post “The Spoils of War”: How Profits Rather Than Empire Define Success for the Pentagon appeared first on The Intercept.

    This post was originally published on The Intercept.

  • On what would be the last day of his life, Zemari Ahmadi, an employee of a U.S.-based NGO, was being watched by a remote crew piloting a Predator drone above the skies of Kabul, Afghanistan. As Ahmadi went about his work, running a series of errands across the city, the drone operators, though they did not know his identity, were making plans to kill him.

    A series of innocuous actions, like Ahmadi loading water containers into his car, were interpreted in the minds of the operators watching as sinister preparations for a suicide bomb attack. After surveilling Ahmadi for several hours, the drone operators issued a death sentence, firing a Hellfire missile at his car as he drove up to his home, just as three children were rushing out to greet him. A total of 10 people, all civilians, were killed in the attack that the U.S. military had initially insisted had targeted a terrorist working with the Islamic State.

    The deaths of Ahmadi and his family members were unique in the level of public attention they received. It was sadly unremarkable, though, in the context of the larger U.S. drone war that has been waged over the past 20 years.

    Armed drones have become a staple of modern American warfare, placing operators at a historically unprecedented remove from danger.

    Armed drones have become a staple of modern American warfare, placing operators at a historically unprecedented remove from danger. At the same time, they have exposed those targeted, whether combatants or civilians, to a form of violence that they can neither defend themselves against nor surrender to. Freed from the traditional reciprocity of war, in which both sides put their lives on the line, drone operators have become more like judicial executioners: putting people on trial on the other side of the planet without due process and meting out death sentences by remote control.

    The U.S. pioneered this style of warfare but is no longer alone in using what are technically called unmanned aerial vehicles, or UAVs. Other countries, including U.S. rivals, are ramping up their own drone programs, signaling that this style of killing at great distance is likely to become a defining feature of war in the 21st century.

    Understanding what this means is the task of two recent books, “Asymmetric Killing: Risk Avoidance, Just War, and the Warrior Ethos” by Neil Renic, an international relations scholar at the Institute for Peace Research and Security Policy at the University of Hamburg in Germany, and “On Killing Remotely: The Psychology of Killing With Drones,” by Wayne Phelps, a retired U.S. Marine Corps lieutenant colonel who participated in the wars in Iraq and Afghanistan.

    Phelps’s book is based on hundreds of interviews with drone operators who have carried out strikes. Examining how drone warfare fits into the broader culture of the U.S. military, the volume also gives a remarkable insight into the psyche of drone operators tasked with carrying out targeted killings. Unlike traditional forms of combat where events often move with brutal speed, drone operators, through a high-definition camera in the sky, often intimately follow their targets over long periods of time, sometimes several months, getting to know their habits, personalities, and even families, before one day pulling the trigger and killing them.

    While drone strikes are often viewed as an antiseptic, dehumanized form of killing — comparable to blowing up targets in a video game — many operators interviewed by Phelps describe it as a psychologically difficult. Some even develop parasocial relationships with those they are tasked to stalk and kill.

    In one case discussed in the book, an intelligence analyst working on the CIA’s drone program was part of a team tasked with six months of 24-hours-a-day surveillance of a man said to be a “high-value target.” In addition to the behavior that was alleged to justify his killing, the analyst observed his target walking his children to school on a daily basis and taking care of his family, as part of a long-term surveillance routine known as pattern-of-life analysis. In a strange way, the analyst got to know his target, even developing a level of sympathy born out of spending so much time seeing how he interacted with others, especially his wife and children.

    The level of closeness and knowledge about his target, gleaned by watching him for months through a drone’s lens, was far greater than that in traditional combat situations.

    Eventually, the day that the intelligence analyst would have to kill him came. After such a long period of voyeuristic intimacy with the man — about whom the analyst himself said, “there was no doubt that he was a good father” — it was nothing like a video game. A father himself, the analyst related on a human level with the man he had been following. In many ways, the level of closeness and knowledge about his target, gleaned by watching him for months through a drone’s lens, was far greater than that in traditional combat situations, where combatants have little personal knowledge about those that they kill. As Phelps notes, “the analyst said that when the time came to strike this guy, whom he had observed being a normal dad every day for six months, it was emotionally difficult.”

    Other drone operators describe experiencing physiological stress during their missions, as well as brief bursts of adrenaline following successful shots that supported friendly ground forces engaged in active combat. When they were asked to describe their worst day on the job, many of their responses dealt with what drone crews saw in the aftermath of certain strikes. One sensor operator on a drone described their worst day to Phelps this way: “Watching the son of the person I just obliterated with a Hellfire missile pick up the pieces of his father. It wasn’t the act of killing I focused on, it was watching the boy’s face and interactions with the rest of his family that continue to haunt me.”

    A contractor working as a tactical controller on a Reaper drone crew also provided their view on the long-term consequences of a killing that he had helped carry out:

    Although I would not do it differently, conducting surveillance on a confirmed HVT [high-value target] and seeing him positively interact with his spouse and children, like a caring father and husband, playing soccer with his son, and ultimately taking a kinetic strike opportunity far from his home. No collateral damage occurred, however, had full viewing in HD of the family mourning and could not help but think that the son would be the next generation of terrorist due to this event.

    Phelps approaches drone warfare as a military insider. He is mainly concerned with reducing the stigma against drone operators within the military hierarchy and finding ways of making the process of remote killing psychologically easier. He suggests creating greater social distance between operator and target, using technical language to describe the people involved, and breaking up tasks so that the person doing intimate, pattern-of-life surveillance on an individual is not the same person pulling the trigger or observing the target’s family in grief in the aftermath.

    “I wish it was just a guy in a car that we didn’t know. Those shots are easy.”

    Not everyone who takes part in drone warfare is troubled by their experience. Some take the righteousness of their operations for granted. Nonetheless, in his descriptions of the psychological impact of targeted killing on drone operators, Phelps dispels the notion that taking a life with a drone is always as easy as playing a video game for the people doing it.

    “It’s ridiculous the idea that we don’t see the humanity. I’m watching a target for eight hours. I’m going to watch him go to the store and go to his wife. I’ve had targets that I followed for four or five days. I know where they live, I know what they do,” one drone operator told Phelps. “Then eventually you kill this guy. Absolutely I know that his wife is out there and that we just made her a widow and that we just took a father away from his three kids. It sucks. I wish it was just a guy in a car that we didn’t know. Those shots are easy.”

    9780198851462-2

    Courtesy of Oxford University Press

    Embedded in Phelps’s analysis in “On Killing Remotely” is the assumption that targeted killing with drones is just another evolution in how human beings have created advantages for themselves in combat, comparable to the bow and arrow, cannon, sniper rifle, bomber plane, and ballistic missile.

    That assumption is put to the test in Neil Renic’s “Asymmetric Killing.” Renic argues that drones establish a “radical asymmetry” of violence unlike anything created by prior weapons. The utter lopsidedness of the violence, where one side is completely free from danger and the other at their total mercy, calls into question whether what is happening is a war at all — or something more sinister.

    In countries like Pakistan, Yemen, and Somalia, the U.S. has carried out thousands of strikes in the absence of a meaningful U.S. ground presence. The people being killed on the ground in these strikes usually do not, and indeed cannot, pose any conceivable threat to Americans. Renic argues, with reference to philosophical traditions like “just war” theory, that this makes even many purportedly legitimate drone targets, particularly the low-level, rural, foreign fighters who bear the brunt of the drone program, little different from civilians.

    The concept of war as a legal and morally regulated activity was historically built on an assumption of mutual risk and danger among those taking part. That dynamic simply no longer exists when one side is fighting only with robots from the other side of the planet. While prior technological advances may have reduced the structural threat between combatants, drone warfare is the first time that one side has made themselves absolutely immune to violence.

    “UAV-exclusive violence marks a fundamental shift in the nature of hostilities, from an adversarial contestation to something more closely approximating judicial sanction,” Renic writes. “One outcome of this shift has been the dehumanization of those targeted by the United States.”

    Renic argues that killing through drone strikes outside of active combat situations is less like war and more like “a creative process of disinfection.”

    What emerges in place of war as a situation of mutual risk is simply an unending series of executions carried out from the skies. The task of the people carrying out many strikes is less about overcoming an enemy in battle than issuing moral judgments and death sentences against individuals who pose no conceivable threat to the U.S. and whose customs, circumstances, and even identities are often unknown to them. To use a chilling metaphor, Renic argues that killing through drone strikes outside of active combat situations is less like war, as traditionally defined, and more like “a creative process of disinfection.”

    In cases where drones are targeting high-level terrorists who are directly planning attacks against the U.S. or where they are supporting friendly ground forces in combat, the strikes are more justifiable, according to traditional moral schema. These are not often the circumstances of drone strikes. Thousands of strikes have taken place outside of active combat zones over the years or have targeted low-level fighters or even unarmed individuals who posed no direct threat to U.S. forces or civilians. An investigative report recently published by the military-focused news site Connecting Vets, including leaked footage of many strikes, outlined the extent to which U.S. military commanders became obsessed with killing low-level suspected Taliban members in Helmand Province, Afghanistan, during a 2019 drone campaign.

    Fixated on increasing their “kill counts” as a metric of operational success, military commanders authorized drone strikes even against unarmed individuals in the province suspected of having walkie-talkies or wearing tactical vests. The attacks were in stark contrast to Phelps’s characterization of U.S. drone warfare as intelligence-driven, targeted strikes against bad actors: Participants in the Helmand campaign described it as “nihilistic,” stating that “the drone strikes were punitive. Killing for the sake of killing.”

    As much as drone warfare has eliminated mortal risk on one side of war almost entirely, it has simultaneously displaced that risk onto civilians whose safety the military is ostensibly tasked to defend. By making themselves wholly immune to retributive violence from an enemy that they kill from afar, the U.S. military makes it more likely that those enemies will respond by attacking whatever target is available, usually civilian ones, rather than accept surrender or annihilation in the face of relentless one-way violence.

    That does not make the killing of civilians, whether Americans or locals in foreign countries, by militant groups any less morally objectionable. Yet by military officials’ own accounts, the displacement of the violence onto the defenseless is a foreseeable outcome of policies that primarily seek to protect soldiers from physical danger at all costs.

    “Attempts to armorize our force against all potential enemy threats … shifts the ‘burden of risk’ from a casualty-averse military force onto the populace,” wrote American Marine Maj. Trent Gibson in a 2009 paper titled “Hell Bent on Force Protection: Confusing Troop Welfare with Mission Accomplishment in Counterinsurgency,” which drew on experiences in Iraq and Afghanistan. “In doing so, we have lifted the burden from our own shoulders and placed it squarely upon those who do not possess the material resources to bear it — the civilian populace.”

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    Courtesy of Little, Brown and Company

    “On Remote Killing” ends with a word of warning about the prospect of autonomous weapons platforms, which may have the capacity of distancing human beings from war even further by automating the entire killing process using artificial intelligence. Phelps compellingly argues that “war is a human endeavor and there must be a human cost to undertaking it.” Though his book establishes that taking lives is not as easy for drone operators as stereotypes may suggest, for those who have been on the receiving end of violence over the past 20 years, simply knowing that there is a human being who pulled the trigger that killed their family members is not much comfort.

    After initially trying to cover up the killings of Zemari Ahmadi and his family in Kabul, the Pentagon subsequently backtracked following a stream of news reports disproving their narrative about killing an ISIS-K terrorist, the Islamic State group’s affiliate in Afghanistan. Though it was forced to admit responsibility, the military has said that no disciplinary action would be taken against anyone involved in the attack that took the lives of 10 members of an innocent family.

    If drone warfare, whether autonomous or not, is to have any moral component at all, it must include some accountability for the innocent people regularly killed in strikes like the one that ended the life of Zemari Ahmadi. Periodic apologies aside, moral responsibility toward the tens of thousands killed, maimed, or deprived of their loved ones over the past 20 years has been in short evidence.

    “That is not enough for us to say sorry,” Emal Ahmadi, Zemari’s brother, told reporters in the aftermath of the drone strike. “The U.S.A. can see from everywhere. They can see that there were innocent children near the car and in the car. Whoever did this should be punished. It isn’t right.”

    The post The Psychological Tolls and Moral Hazards of Drone Warfare appeared first on The Intercept.

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  • Before the Taliban took control of Kabul in August, the U.S.-backed Afghan commandos known as Zero units were the ghosts of the Afghan battlefield. Along with their CIA advisers, they were feared and, in recent years, virtually invisible.

    But in the hectic, violent weeks between the Taliban victory and the U.S. military withdrawal, fighters belonging to a Zero unit known as 01 — and other linked militias known collectively as National Strike Units, or NSUs — helped the Americans secure Hamid Karzai International Airport. Firing warning shots day and night, 01 fighters sought to corral and search crowds of Afghans and foreigners trying to enter the airport to board evacuation flights, much as Taliban fighters struggled to maintain control at other airport entrances around the same time.

    One evening in late August, an Afghan 01 commander whose fighters were guarding the airport’s northwestern gate asked an Intercept journalist taking photographs to identify himself to the fighter’s American handler. The handler, who was wearing a baseball cap and had a pistol strapped to his waist, suggested that if the journalist wanted to leave on an evacuation flight, he should do so immediately. Soon, the man said, he’d be evacuating “my guys,” referring to the 01 fighters. After that, the gate would be closed for good. The American then turned to the 01 commander and explained the value placed on a free press by citizens of the country to which he and his fighters would soon be flown.

    The CIA prioritized the evacuation of Zero unit members from Afghanistan, flying out as many as 7,000 of the former commandos and their relatives even as thousands of vulnerable former U.S. government and military employees, human rights activists, and aid workers were left behind. NSU commandos refused to allow a former U.S. government interpreter through the airport gates unless she gave them $5,000 each for herself, her husband, and their three children, Al Jazeera reported. The woman, who said she and her relatives were beaten by NSU members at the airport, could not afford the bribe. Two former members of a different U.S.-trained military unit, the Afghan National Army’s KKA, or Afghan Special Unit, told The Intercept from a safe house in Kabul that no formal effort was made to evacuate them and that unit members who were able to board flights did so through personal connections. The two former members themselves had been turned away by 01 militiamen after approaching the airport’s northwestern gate. Since then, they said, at least four KKA members have been tracked down by Taliban fighters and killed.

    The CIA’s ability to evacuate its allies appears to have far outstripped that of other U.S. government entities and signals its pivotal role in the war. The agency evacuated as many as 20,000 Afghan “partners” and their relatives, the Washington Post reported, nearly one-third of the 60,000 Afghans the U.S. has taken in overall. The CIA did not respond to a request for comment.

    Most coverage of the CIA’s efforts has been laudatory. But the Zero units were known for deadly night raids that killed an untold number of civilians across Afghanistan. The Intercept documented 10 raids conducted by 01 in Wardak Province, southwest of Kabul, in which at least 51 civilians, including children, were killed — many at close range, in execution-style assaults. Most 01 missions were led by a small number of CIA “advisers,” as their Afghan fighters knew them, or U.S. special forces borrowed from the Pentagon’s Joint Special Operations Command.

    “The U.S. should not be offering safe haven to those who committed war crimes or serious human rights abuses,” said Patricia Gossman, associate director for the Asia division at Human Rights Watch, who wrote a report on the units’ abuses. “In Afghanistan, these forces were never held accountable for their actions, which included summary executions and other abuses. The U.S. and any other countries resettling members of these units should screen arrivals and investigate any for their possible involvement in human rights violations.”

    Most of the Zero unit members were flown to Qatar, where CIA paramilitary officers worked to get their former Afghan colleagues sent to the U.S., according to a former senior U.S. intelligence official with direct knowledge of the operation. The former Afghan commandos are being housed on U.S. military bases, including two in Virginia and New Jersey, and at Ramstein Air Base in Germany while they await resettlement, according to the former senior U.S. official, two former senior Afghan intelligence officials, and a former commando from a different Afghan unit who was evacuated to the same U.S. base as some Zero unit members. Another small group of Zero unit members is in the United Arab Emirates, but they are expected to come to the U.S. within weeks, one of the former Afghan officials told The Intercept. Both former Afghan officials said they have spoken with relatives who previously belonged to the Zero units and are now in the United States.

    Once known within the U.S. government as the Mohawks, Zero units started as an irregular commando force controlled by the CIA. The intelligence agency trained the teams to serve as guerrilla fighters out of small U.S. outposts, mainly in the north and east of the country, near the Pakistan border. Much of the original purpose of the program was to enable the CIA to conduct cross-border raids into Pakistan, a politically fraught and rarely approved activity for U.S. personnel.

    The Zero units allowed the U.S. to conduct deniable operations and avoid accountability and were similar in some respects to the CIA’s Phoenix program during the Vietnam War. For that program, the agency created Provincial Reconnaissance Units comprised mostly of South Vietnamese guerrillas led by American commanders. Like the Afghan Zero units, the PRUs gathered intelligence and assassinated suspected Viet Cong.

    In 2010, the Afghan government signed an agreement with the CIA to turn the NSUs into a joint program with Afghanistan’s former intelligence service, the National Directorate of Security, or NDS, according to the two former senior Afghan officials, who were involved in the arrangement. While the missions would be jointly run, the units continued to be funded exclusively by the U.S. government, the two former Afghan officials told The Intercept. The change allowed the CIA to claim plausible deniability against accusations of human rights abuses or war crimes.

    But in 2019, Afghanistan’s most senior defense official, then-Afghan national security adviser Hamdullah Mohib, told The Intercept that 01 was controlled by the CIA. “Quite frankly, I’m not fully aware … of how they work,” he said at the time. “We’ve asked for clarification on how these operations happen, who are involved, what are the structures of this. When they were set up, why are they not in Afghan control?”

    Just after President Joe Biden took office in January, the CIA gave the NDS one year’s budget and said the agency would no longer support Zero units or continue funding them, one of the former Afghan intelligence officials told The Intercept.

    20210906_AJQ_Kabul_Afg_0124

    A spray painted reference to the American-backed 01 unit is seen on Sept. 6, 2021 inside Eagle Base, a few miles northeast of downtown Kabul, where the Central Intelligence Agency and 01 were based before the U.S. withdrawal from Afghanistan.

    Photo: Andrew Quilty

    Eagle Base, the sprawling CIA and 01 compound on a hillside northeast of Kabul, used to be off-limits to all but America’s closest allies.

    From the highway, passersby could see a shooting range cut into the side of the hill and a narrow road snaking up to a cluster of beige structures. Less visible was the complex of helicopter hangars, ammunition depots, and barracks as well as the former CIA black site known as the Salt Pit, where interrogations and torture were carried out in the earliest years of the war.

    Perimeter security was extreme, even by Afghanistan’s standards. A ditch ringed an earthen wall 6 feet high. Next came concertina wire, faded red bollards linked by steel cables, and a 10-foot mud and concrete wall topped with more concertina wire, with elevated guard posts every 300 feet. Floodlights illuminated the entire circumference at night.

    Before 2019, 01 fighters left Eagle Base in vehicle convoys for nighttime missions. That changed when convoys on two Wardak missions were ambushed, according to a former NDS counterterrorism officer who used to accompany 01 on raids in the province. Thereafter, almost all 01 missions were flown into Wardak aboard American Chinook helicopters. Residents living near Eagle Base told The Intercept in 2019 that they heard the distinct thwap of the dual-rotor helicopters several times a week, departing early in the evening and returning before dawn. Otherwise, 01 fighters were rarely seen.

    But the Taliban knew who occupied Eagle Base. On July 25, 2019, a suicide car bomb targeted CIA officers traveling in unmarked Toyota Land Cruisers arriving at the gate, Taliban spokesperson Zabihullah Mujahid said in an interview that year. Local residents confirmed that a bombing took place against white Land Cruisers at the compound gate that day. The incident attracted little media attention. A spokesperson from Resolute Support, the now-defunct U.S. military mission in Afghanistan, told The Intercept that he was unaware of any foreign military casualties in Kabul that day. The CIA declined to comment.

    20210906_AJQ_Kabul_Afg_0172-copy

    Scores of burned-out civilian and military vehicles are seen within the CIA’s Eagle Base on Sept. 6, 2021. An ammunition depot, an armory, and several other structures were also destroyed by explosives and fire before the U.S. departure.

    Photo: Andrew Quilty

    Taliban fighters have occupied the expansive facility since parts of it were destroyed by fire and explosives in the final days of the American military withdrawal from Afghanistan at the end of August. In early September, a week after the last U.S. military aircraft had departed Kabul, Taliban fighters clad in a darker version of fatigues with the same tiger-stripe pattern worn by 01 escorted journalists through the ruins of Eagle Base, leading them through areas they said had been cleared of land mines and booby traps left by the Americans and their Afghan partners.

    The fighters were from the Taliban’s “Badr” 313 Brigade, an elite commando unit named for the Battle of Badr 1,400 years ago, when the Prophet Mohammad is said to have overcome enemy forces with just 313 men. They were led by an English-speaking Taliban member in his 40s wearing traditional clothes, sunglasses, and a surgical mask.

    Nearly two weeks earlier, at dusk on August 26, a suicide attack at the airport and subsequent gunfire had killed about 170, including 13 U.S. service members. Kabul residents were on edge. When another huge explosion was heard across the city before midnight, many feared that there had been a second deadly attack. But that explosion was a controlled detonation, one of several that destroyed ammunition depots, armories, and vehicles as well as various facilities inside Eagle Base that the CIA didn’t want to leave for the Taliban once the agency finally abandoned it. Brian Castner, Amnesty International’s senior crisis adviser for arms and military operations and a former U.S. Air Force explosive ordnance disposal officer, said The Intercept’s photos from the site suggested “a very hasty and messy withdrawal.”

    Constellations of bullets, mortars, and grenades littered the charred foundations of ammunition depots destroyed by fire. In the burned-out shell of what appeared to be an armory, the barrels of Kalashnikovs, belt-fed PKM and DShK machine guns, rocket-propelled grenade launchers, and mortar tubes lay in piles like pick-up sticks.

    Inside a dormitory building, the Zero units’ trademark tiger-stripe uniforms hung from hooks and littered the floor. In a steel locker, amid the discarded packaging of tactical gadgets and passport photos of a young family, a military patch in the shape of a pentagon read “The Shield & Swords of Afg, NSU (01).”

    The post The CIA’s Afghan Proxies, Accused of War Crimes, Will Get a Fresh Start in the U.S. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The Senate Select Committee on Intelligence in 2017 gave its stamp of approval to a legal maneuver that we now know the CIA was using to hunt WikiLeaks founder Julian Assange.

    According to an explosive investigation published Sunday by Yahoo News, senior Trump administration officials — including the former president and director of the CIA — considered options to kidnap and even assassinate Assange in 2017 as part of a CIA “offensive counterintelligence” operation. In order to expand its legal options, the administration moved to designate WikiLeaks as a “non-state hostile intelligence service,” a label first unveiled by then-CIA Director Mike Pompeo at an April 2017 think tank event.

    The creative relabeling was the culmination of an effort that had begun under the Obama administration. In the wake of Edward Snowden’s leak of classified National Security Agency documents, intelligence officials moved to label WikiLeaks an “information broker,” which they distinguished from journalism and publishing. In an extraordinary assault on the press, the officials also pushed to apply the same designation to Intercept co-founders Glenn Greenwald and Laura Poitras in a related but failed effort to strip them of First Amendment protections in the wake of the NSA leaks. The Obama White House rejected that effort as it related to all three, Yahoo reported, but under Trump, officials successfully applied the “non-state hostile intelligence service” label to WikiLeaks.

    A former official told Yahoo News that the more aggressive label was “chosen advisedly and reflected the view of the administration” and allowed Pompeo and his lieutenants to think more creatively about how to target Assange. Those plans involved both kidnapping and assassination.

    The administration also sought and won legislative language that backed up the claim for the expanded power.

    As The Intercept reported at the time, a provision in the Intelligence Authorization Act for Fiscal Year 2018 stated: “It is the sense of Congress that WikiLeaks and the senior leadership of WikiLeaks resemble a non-state hostile intelligence service often abetted by state actors and should be treated as such a service by the United States.”

    This kind of text doesn’t necessarily have a formal impact on policy, but the language was so alarming to Sen. Ron Wyden, D-Ore., a senior member of the Senate Select Committee on Intelligence, that he opposed the bill in a 14-1 panel vote in July 2017. “My concern is that the use of the novel phrase ‘non-state hostile intelligence service’ may have legal, constitutional, and policy implications, particularly should it be applied to journalists inquiring about secrets,” he explained in a press release at the time. A spokesperson for Wyden declined to comment on whether the senator knew about Pompeo’s interest in using the language to justify actions against Assange and WikiLeaks.

    But Wyden’s comment strongly suggests that he was read in on some of the anti-Assange efforts and was sending out clues to the public without violating laws against revealing classified information, just as he did with regard to warrantless surveillance prior to Snowden’s disclosures. But in both cases, the vague clues were meaningless to the public, raising the question of what the purpose is of informing Congress of such activities if Congress is unwilling to either halt or expose them.

    According to the Yahoo News story, Pompeo’s fixation with WikiLeaks began to worry the National Security Council by the summer of 2017, and at some point the CIA’s ideas to target the group drove White House officials to warn lawmakers and staffers on the House and Senate intelligence committees. (The House panel’s version of the fiscal year 2018 authorization bill, which it also voted on in July 2017, did not mention WikiLeaks.)

    The drafts never left the committees that year. Instead, the final compromise bill, which included the new identification for WikiLeaks, was wrapped into the National Defense Authorization Act for Fiscal Year 2020 that Congress passed and President Donald Trump signed in December 2019. By that time, according to Yahoo News, members of the intelligence panels had already learned about the CIA’s proposals targeting the group. Yet no lawmaker publicly raised concerns about endorsing the “non-state hostile intelligence service” label.

    In the Senate, that year’s defense authorization bill was opposed by Wyden, Ron Paul, Mike Lee, Ed Markey, Jeff Merkley, Kirsten Gillibrand, Mike Enzi, and Mike Braun. The senators then running for president — Bernie Sanders, Elizabeth Warren, Kamala Harris, Amy Klobuchar, and Cory Booker — all missed the vote. In the House, 41 Democrats, six Republicans, and libertarian Justin Amash voted no.

    WASHINGTON, DC - JANUARY 12:  U.S. President-elect Donald Trump's nominee for the director of the CIA, Rep. Mike Pompeo (R-KS) (C) arrives for his confirmation hearing before the Senate (Select) Intelligence Committee on January 12, 2017 in Washington, DC. Mr. Pompeo is a former Army officer who graduated first in his class from West Point.  (Photo by Joe Raedle/Getty Images)

    Rep. Mike Pompeo, Donald Trump’s nominee for the director of the CIA, arrives for his confirmation hearing before the Senate Select Intelligence Committee in Washington, D.C., on Jan. 12, 2017.

    Photo: Joe Raedle/Getty Images

    In 2017, the CIA was incensed and embarrassed that WikiLeaks had obtained and released a trove of files from its hacking division, Vault 7, but it didn’t have the authority to conduct widespread surveillance operations because the group had free speech protections.

    Assange followed the scoop with an op-ed in the Washington Post, arguing that his motive was no different than that of the Post or the New York Times. He stressed that his journalistic outfit was essential to holding a democratic government accountable. “On his last night in office, President Dwight D. Eisenhower delivered a powerful farewell speech to the nation — words so important that he’d spent a year and a half preparing them,” Assange began.

    “‘Ike’ famously warned the nation to ‘guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.’

    “Much of Eisenhower’s speech could form part of the mission statement of WikiLeaks today. We publish truths regarding overreaches and abuses conducted in secret by the powerful.

    “Our most recent disclosures describe the CIA’s multibillion-dollar cyberwarfare program, in which the agency created dangerous cyberweapons, targeted private companies’ consumer products and then lost control of its cyber-arsenal. Our source(s) said they hoped to initiate a principled public debate about the “security, creation, use, proliferation and democratic control of cyberweapons.”

    Two days later, at a speech hosted by the Center for Strategic and International Studies, Pompeo declared that “WikiLeaks walks like a hostile intelligence service and talks like a hostile intelligence service and has encouraged its followers to find jobs at the CIA in order to obtain intelligence.”

    Assange responded again in the Washington Post, mocking the CIA for its incompetence and arguing that WikiLeaks’s exposure of its mishandling of a massive project was in the public interest. “Vault 7 has begun publishing evidence of remarkable CIA incompetence and other shortcomings. This includes the agency’s creation, at a cost of billions of taxpayer dollars, of an entire arsenal of cyber viruses and hacking programs — over which it promptly lost control and then tried to cover up the loss,” he wrote.

    When the director of the CIA, an unelected public servant, publicly demonizes a publisher such as WikiLeaks as a “fraud,” “coward,” and “enemy,” it puts all journalists on notice, or should. Pompeo’s next talking point, unsupported by fact, that WikiLeaks is a “non-state hostile intelligence service,” is a dagger aimed at Americans’ constitutional right to receive honest information about their government. This accusation mirrors attempts throughout history by bureaucrats seeking, and failing, to criminalize speech that reveals their own failings.

    As we now know, Pompeo responded to this challenge by ordering the CIA to draw up plans to kidnap Assange from the Ecuadorian Embassy, where he was receiving diplomatic protection.

    In December 2017, WikiLeaks published video footage of what it plausibly described as a “grab team” waiting outside the embassy.


    Assange is currently in a London prison fighting a U.S. extradition attempt. British courts blocked the effort, but the U.S. has appealed. A spokesperson for the Department of Justice did not immediately respond to a question about whether the revelation of the kidnapping and assassination plans has any effect on the decision of whether to continue the extradition attempt.

    The post Senate Intelligence Committee Endorsed CIA Term Central to Julian Assange Kidnapping Plot appeared first on The Intercept.

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  • Two Chinese American scientists at Baylor College of Medicine in Houston were removed from their jobs on the same day last month, raising concerns among colleagues that they may have been targeted in fallout from the Justice Department’s controversial China Initiative.

    The two scientists, who are both naturalized U.S. citizens working in the biomedical sciences, were informed of their termination at the same time on the morning of August 30, according to three sources and a document reviewed by The Intercept. One scientist declined to comment; the other did not respond to a request for comment.

    The China Initiative was launched in 2018 under then-Attorney General Jeff Sessions to combat industrial espionage, technology transfer, and hacking from China but has faltered, prompting criticism from civil rights advocates and Asian American activists. Despite continued Justice Department hype, charges in several recent instances have been dropped. Earlier this month, a federal judge acquitted former University of Tennessee-Knoxville scientist Anming Hu following a mistrial. A juror who sat through the trial had told The Intercept that “it was the most ridiculous case.”

    The China Initiative has been accompanied by an effort by the U.S. National Institutes of Health, which administers federal grant money for biomedical research, to investigate hundreds of researchers who are suspected of failing to disclose foreign ties. In a June 2020 presentation, Michael Lauer, NIH’s deputy director for extramural research, said that close to a third of its investigations up until that date had involved the FBI, while 93 percent had involved undisclosed ties to Chinese institutions.

    Baylor cited potential issues with federal grant compliance, among other concerns, as cause for dismissing the scientists. But two Baylor faculty members told The Intercept that they fear the school is penalizing people because of their spouses’ work. Both of the terminated scientists are married to scientists who have held positions in China. The faculty members asked to remain anonymous because they were not authorized to talk to the press.

    Houston was the site of a sweeping 17-month FBI probe in 2018 that sent shockwaves through the scientific community. The inquiry involved FBI agents working in tandem with administrators at NIH and MD Anderson Cancer Center, whose campus abuts Baylor’s. For months, agents hounded ethnic Chinese scientists, gaining access to 23 MD Anderson employees’ network accounts, and in one case installing a surveillance camera near a researcher’s office. In 2019, MD Anderson revealed that it had ousted three scientists as a result of the probe, but none were ultimately charged with a relevant crime. One scientist was charged in county court with possession of child pornography and smeared in the local press, only to see the charge against him dropped.

    A spokesperson for Baylor declined to comment, saying that the college does not discuss personnel matters. A spokesperson for NIH said that the agency “does not discuss internal oversight reviews of [grant] recipient institutions or their affiliated researchers, whether or not such reviews took place or are underway.” The FBI did not respond to a question about whether it had investigated the two scientists.

    The China Initiative has attracted widespread scrutiny. A recent Justice Department fact sheet says that the effort is aimed at identifying “non-traditional [information] collectors (e.g., researchers in labs, universities and the defense industrial base) that are being co-opted into transferring technology contrary to U.S. interests.” Civil rights advocates worry that the “non-traditional collector” label is being broadly interpreted to mean anyone of Chinese descent.

    “Either it’s true what the FBI and other intelligence agencies say about this enormous threat of non-traditional collectors and they’re just really bad at finding them, or the rhetoric is overwrought, and we need to be much more discerning,” said Michael German, a fellow at the Brennan Center for Justice and a former FBI agent. In an interview with The Intercept, he called for “ensuring that resources devoted to economic espionage are actually focused on people directed by the Chinese government.”

    Over the past few decades, many U.S. institutions have set up joint programs and projects in China, often putting forth ethnic Chinese researchers to build ties. Those scientists now say that their institutions have sent mixed messages about international collaboration. MD Anderson, for example, received a 2015 award from China’s State Council in a ceremony attended by Chinese leader Xi Jinping. Two years later, an MD Anderson vice president flew to Beijing to meet with the director of the agency that administers China’s Thousand Talents program, a frequent target of the FBI.

    Baylor also had several partnerships in China and, according to faculty, had encouraged researchers to work in the country. One such effort was a formal partnership at Sun Yat-sen University in Guangzhou covering joint research projects and scholarly exchanges. On its website, Baylor touts the work as a powerful example of cross-border collaboration. And in 2014, the Chinese consulate in Houston published photos of a signing ceremony involving a Baylor center and a biomedical company affiliated with Peking University. (In July 2020, the Trump administration abruptly closed the Houston consulate, with Secretary of State Mike Pompeo alleging that it was “a hub of spying and intellectual property theft.”)

    Baylor did not respond to questions about its China work. It is unclear whether the partnerships are still active.

    Christopher Wray, director of the Federal Bureau of Investigation (FBI), speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Tuesday, July 23, 2019. Wray said during the hearing that China is the biggest counterintelligence threat to the U.S. Photographer: Andrew Harrer/Bloomberg via Getty Images

    Christopher Wray, director of the Federal Bureau of Investigation (FBI), speaks during a Senate Judiciary Committee hearing in Washington, D.C. on July 23, 2019. Wray said during the hearing that China is the biggest counterintelligence threat to the U.S.

    Photo: Andrew Harrer/Bloomberg via Getty Images

    Although the China Initiative was launched under the Trump administration, the profiling of ethnic Chinese scientists long predates that. The FBI’s Counterintelligence Division created a dedicated Economic Espionage Unit in 2010, under the Obama administration. The Justice Department says that over 80 percent of its economic espionage prosecutions are China-related, and FBI Director Christopher Wray has repeatedly claimed that the bureau is opening a new case involving China every 10 hours. But civil rights advocates and legal scholars say that the Justice Department has few successful prosecutions to show for the effort. “I’m tired of being told, ‘There are big problems out there, and you just don’t have the security clearance,’” said Margaret Lewis, a law professor at Seton Hall University whose research focuses on law in China and Taiwan. “That’s not good enough for me. I can’t be told, ‘Just trust us, we’re the government.’”

    With both the China Initiative probes and earlier cases, Justice Department officials have argued that U.S. scientific research and corporate knowledge are matters of national security importance, regardless of the topic. Prosecutors have brought cases centering on GlaxoSmithKline pharmaceuticals, genetically modified Monsanto corn seed, and a DuPont whitener used in paint and Oreo cookies. At times, agents have resorted to extreme tactics. For a 2012 case involving glass block insulation, the FBI crafted both an elaborate sting operation and a stinker of a film publicizing its work.

    Since 2018, the bureau has also chased down instances of unreported China ties flagged by NIH — a persistent problem in academia, but one that critics say doesn’t necessarily equate to stealing technology.

    Baylor administrators had previously allowed scientists flagged by NIH the chance to correct potential grant reporting violations, rather than subjecting them to criminal investigation. That approach had earned the institution praise among Asian American activists nationally, as well as from local faculty. But the administrator who oversaw that effort recently left Baylor.

    “Baylor is not the same any more,” said Steven Pei, an engineering professor at the University of Houston who is a co-organizer of the APA Justice Task Force, which advocates for Asian American scientists who have been unfairly accused of crimes. “The faculty is now as confused, frustrated, and scared as they were two to three years ago.”


    This content originally appeared on The Intercept and was authored by Mara Hvistendahl.

    This post was originally published on Radio Free.

  • The son of Afghanistan’s most celebrated anti-Taliban resistance leader has escaped into neighboring Tajikistan, less than a month after vowing to defend his homeland “no matter what happens.”

    Ahmad Massoud, son of the late Northern Alliance leader Ahmad Shah Massoud, fled to Tajikistan shortly after the Taliban seized control of the Panjshir Valley on September 6, according to a senior U.S. intelligence official, a Pentagon consultant, and two former senior Afghan government officials. Massoud was joined a few days later by Amrullah Saleh, the former Afghan vice president and longtime intelligence chief, who left Afghanistan by helicopter, the senior U.S. official and two former Afghan officials said.

    The retreat of the two key Afghan resistance figures contradicts public claims that they are still in Afghanistan and holding out against the Taliban and signals a remarkable shift in their fortunes: For the first time in decades, the United States government and the CIA do not appear to be backing them. Massoud and Saleh are both seeking military aid and equipment from the West, but the Biden administration is not supporting them and has given no indication of whether it will provide future assistance, according to the two former Afghan officials and a retired U.S. intelligence official.

    On Wednesday, Massoud hired Washington lobbyist Robert Stryk. Massoud and Saleh have been embraced by prominent Republicans like Sen. Lindsey Graham, who is keen on the U.S. returning to Afghanistan.

    Neither Massoud nor Saleh has been seen in public since the Taliban took Panjshir. Both come from the mountainous northeastern province, a perennial base of Afghan resistance, first against the Soviet Union and later the Taliban. Massoud is currently in a “safe house” in the Tajik capital of Dushanbe, according to a former senior Afghan government official who spoke with him last week, while Saleh is in a nearby location.

    Vice President of Afghanistan Amrullah Saleh speaks during a function at the Afghan presidential palace in Kabul on August 4, 2021. (Photo by SAJJAD HUSSAIN / AFP) (Photo by SAJJAD HUSSAIN/AFP via Getty Images)

    Former Vice President of Afghanistan Amrullah Saleh speaks during a function at the Afghan presidential palace in Kabul on August 4, 2021.

    Photo: Sajjad Hussain/AFP via Getty Images

    Saleh last tweeted on September 3, as the Taliban began encircling Panjshir. In an accompanying video, he dismissed reports that he had already fled Afghanistan as “totally baseless.” “The RESISTANCE is continuing and will continue,” Saleh tweeted. “I am here with my soil, for my soil & defending its dignity.”

    On Monday, Ali Maisam Nazary, a spokesperson for Massoud, told The Intercept that Massoud “is inside Afghanistan … in an undisclosed location.” Saleh could not be reached for comment.

    Saleh, who once worked as an aide to Ahmad Shah Massoud and served many years in senior positions in Afghanistan’s U.S.-backed government, tweeted last month that he was the legal successor to former Afghan President Ashraf Ghani, citing Ghani’s decision to flee to the United Arab Emirates. “As per d constitution of Afg, in absence, escape, resignation or death of the President the FVP [First Vice President] becomes the caretaker President,” Saleh tweeted on August 16, the day after the Taliban seized control of Kabul. “I am currently inside my country & am the legitimate care taker President.”

    In August, prominent Republicans like Graham and Rep. Mike Waltz called on the Biden administration to recognize Saleh and Massoud as the “legitimate government representatives” of Afghanistan. “We will be going back into Afghanistan,” Graham told the BBC earlier this month. “We’ll have to because the [terror] threat will be so large.”

    “I want his voice out,” Graham said of Saleh in an interview with Politico last week. “I’m gonna go all in. [The Taliban are] holding our people hostage. They’re a terrorist group. They’re a radical Islamic jihadist group.” Graham also reportedly secured Saleh a slot on Sean Hannity’s Fox News show in August; Waltz managed to get Massoud booked on Fox News as well. On Tuesday, James Hewitt, a spokesperson for Waltz, reiterated the congressman’s call to recognize Saleh and Massoud as the legitimate representatives of Afghanistan, saying, “Yes, this is still his position,” and linking to a press release titled “Waltz, Graham Call on Biden to Recognize Opposition Forces in the Panjshir Valley.” Graham did not respond to requests for comment.

    A growing number of Republican senators have also been urging Biden to designate the Taliban as a terrorist organization, with Senate Intelligence Committee Vice Chair Marco Rubio introducing legislation that would do just that — a move that would likely doom diplomatic engagement with the new government.

    The U.S. has long supported opposition groups in Afghanistan, going back to the CIA’s role in arming Afghan mujahideen to fight the Soviets under President Ronald Reagan. Ahmad Shah Massoud, a legendary resistance commander, received CIA funding under Reagan and subsequent U.S. administrations, as his militia ousted the Soviets from Kabul and later led the opposition to the Taliban. Massoud was assassinated by Al Qaeda operatives two days before the 9/11 attacks.

    It is not clear whether Ahmad Massoud and his National Resistance Front will win the support of U.S. or other Western governments this time around. Prospects for the resistance appear grim, with the New York Times reporting last week that “combat had largely ceased” in Panjshir province and that “what resistance remained seemed confined to mountainous areas.”

    Though Western intelligence agencies have not formally cooperated with Massoud, they reportedly have held informal meetings. There is also ample historical precedent for opposition groups fleeing to neighboring countries to plot their eventual return. This happened most recently in 2001, when the Taliban disappeared into Pakistan and Iran to regroup.

    The post With No U.S. Support, Leaders of Afghan Resistance Flee the Country appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Questions about the relationship between former President Donald Trump and Russian President Vladimir Putin raged after the leaders’ first summit meeting in Helsinki in July 2018. The two men met alone, with only an interpreter present from the American side. What was actually said during the meeting has never been revealed.

    Now, Alexander Vindman offers an answer.

    Vindman, a retired Army lieutenant colonel who was a key prosecution witness during Trump’s first impeachment, was the director for Russia and Eastern Europe at the National Security Council at the time of the Helsinki summit. In “Here, Right Matters,” a memoir published last month about his role as a whistleblower before and during the impeachment, Vindman briefly mentions that he knew the interpreter who was at the Helsinki summit but provides no further details.

    In an interview last week, Vindman expanded on the episode, saying that he found out what was said and that Trump did not betray U.S. national security interests during the meeting. Although he didn’t say so, Vindman’s source was almost certainly the interpreter.

    “I don’t want to get anybody in trouble,” Vindman said, “but I have no real deep concerns about what was said in that meeting behind closed doors.” He added, “By my own interactions with people that were in the room, I have relatively decent confidence that there were no kinds of machinations that upset U.S. national security interests. They didn’t advance [U.S. interests] either, but they weren’t catastrophic.”

    Vindman made the remarks at a September 15 event hosted by The Intercept and First Look Institute’s Press Freedom Defense Fund, of which I am the director, in partnership with Georgetown University’s Department of Government.

    What Trump and Putin actually said to each other in Helsinki has been one of the enduring mysteries of Trump’s years in the White House. Questions about their private meeting and the nature of their relationship only intensified when Trump claimed, in a press conference afterward, that Putin had told him that Russia didn’t interfere in the 2016 election and indicated that he believed Putin rather than the U.S. intelligence community, which said it had conclusive evidence that Russia did intervene in the election to help Trump win. After Democrats took control of the House in the 2018 midterm election, the House Foreign Affairs Committee considered issuing a subpoena to the interpreter, Marina Gross of the State Department, to testify about what was said in Helsinki. Congressional efforts to investigate the Helsinki meeting were later dropped.

    A year after the Helsinki summit, Vindman found himself on a collision course with Trump over the president’s illicit efforts to pressure a foreign leader into fabricating an investigation into Trump’s Democratic opponent in the 2020 election, Joe Biden.

    On July 25, 2019, Vindman was one of a number of staffers listening in on a phone call between Trump and Ukrainian President Volodymyr Zelensky, during which Trump tried to pressure Zelensky to gin up an investigation of Biden and his son, Hunter. Vindman immediately recognized that Trump’s attempt to pressure Zelensky was illegal and possibly an impeachable offense, and he quickly decided that he had to report it.

    First, he went to his twin brother, who happened to be serving as the NSC’s chief ethics officer. Then he and his brother reported what Trump had said to John Eisenberg, the senior lawyer at the NSC. Thus began Vindman’s long road to publicly testifying against Trump before Congress, which turned Vindman into a national figure.

    Vindman recognizes that he was more fortunate than most whistleblowers, since he was able to go through legal channels to report the truth rather than going to the press and risking prosecution for revealing classified information.

    “Whistleblowers oftentimes do not have clear means to redress what they think are harms,” Vindman said in the interview. “In my case, I had that. I was responsible as director on the National Security Council for coordinating policy for Eastern Europe. I could leverage the system. And that’s what I did at every turn.  I tried to take the procedures that were in place to report wrongdoing. … [It] was maybe an anomaly that I found a way to do this the right way. Not just do the right thing, but do it the right way. It kind of worked out.”

    “Whistleblowers oftentimes do not have clear means to redress what they think are harms. In my case, I had that.”

    But Vindman still faced intense retaliation from Trump and his cronies. He was forced out of his job at the White House. He retired from the Army after it became clear that its leadership would not stand up for him.

    In the interview, Vindman reflected on why he was willing to work at the Trump White House in the first place, since he arrived to work on Russia policy at a time when special counsel Robert Mueller’s Trump-Russia investigation was at its height and questions about Trump and Russia were dominating the news.

    Vindman admitted, both in his book and in the interview, that a big factor was his personal ambition to advance his career. But he also said that he believed it was possible for career staffers to handle substantive foreign policy matters even as Trump issued increasingly bizarre public statements and tweets.

    Despite the questions about Trump’s relationship with Putin and the Russian government, the Trump administration actually issued formal policies on Russia that were designed to “constrain Russia as a spoiler state,” Vindman recalled in the interview. “I was operating based on documents the president signed, which I thought were quite reasonable. I rationalized some of the president’s rhetoric.”

    Vindman said that he and other career foreign policy officials learned to ignore Trump’s public antics. After each of the president’s “ill-considered pronouncements,” Vindman said, senior officials would reassure Vindman that Trump’s rhetoric didn’t change policy. “We just had to deal with this, a really erratic president,” he said.

    But it was possible to keep the substantive policy track separate from Trump’s absurdity for only so long. The two collided during the 2019 phone call with Zelensky. Despite what he knew about Trump by that point, Vindman was still shocked. “I just had a hard time believing that the president, with all the baggage that I had witnessed up until that point, would attempt to try to steal an election and force a foreign government to investigate a political opponent,” Vindman said.

    “Once he came on the record [on the phone call] and made his views clear, I didn’t see him as above the law. … I saw him as still accountable.”

    “Once he came on the record [on the phone call] and made his views clear, I didn’t see him as above the law. I didn’t see him as magically protected by his office. I saw him as still accountable.”

    In the interview, Vindman also criticized Gen. Mark Milley, the former chair of the Joint Chiefs of Staff, following reports that Milley quietly reassured Chinese officials that the U.S. wouldn’t start a war with China and that the U.S. government was stable, despite Trump’s bitter anti-Chinese rhetoric and the January 6 insurrection. Milley was reportedly acting on intelligence that suggested Chinese officials were increasingly fearful that an unstable Trump’s anti-Chinese rants could lead to conflict.

    Vindman asked why, if Milley was so concerned about Trump, he didn’t denounce him publicly. “When he had an opportunity to stand up for our democracy after January 6, he didn’t think it was important enough for him to put himself at risk and speak publicly about his concerns about the authoritarian streak or the attempted insurrection,” Vindman said. “That, to me, is troubling.”

    The post White House Whistleblower Alexander Vindman: Trump-Putin Summit Not “Catastrophic” appeared first on The Intercept.

    This post was originally published on The Intercept.

  • In 2018, when the government awarded a massive $769 million contract to Alion Science and Technology, a defense contractor, the company promised that the money would go to “cutting edge” intelligence and technological solutions “that directly support the warfighter.”

    The Alion contract supports work from the Remote Sensing Center, an intelligence hub that assists the military with ground, maritime, and airborne intelligence. Much of the work, records show, went to subcontractors such as Venntel, a firm that hoovers up location data from smartphones, and Leidos, a technology firm that services a variety of weapons systems and intelligence agencies.

    But part of the money embedded in that contract also flowed to the nation’s foremost hawkish think tanks, which routinely advocate for higher Pentagon budgets and a greater projection of America’s military force.

    The Center for Strategic and International Studies, or CSIS, and the Pacific Forum are just two of the independent research institutes that were given parts of the $769 million to Alion Science as subcontractors. (The others — the Russia Research Network Limited, Center for Advanced China Research, and Center for European Policy Analysis — are less prominent.) The indirect funding, channeled through a contract meant for advancing the government’s warfighting ability, is unusual among the many Pentagon grants that flow to research institutes.

    Jack Poulson, the founder of Tech Inquiry, a watchdog group that spotted the contract, noted that the commingling of projects appeared to be “blurring the lines between think tanks and intelligence contractors.”

    Federal records show that Alion awarded CSIS money from its intelligence contract from December of last year through July 2021.

    Andrew Schwartz, a spokesperson for CSIS, which received just under $1 million from the Alion intelligence contract, wrote in an email that the funding was used “to help U.S. government analysts–including but not limited to military personnel–better understand Russian decision-making processes, climate-impacts on security in the Arctic, African security issues including China’s deepening ties to the African security sector, and homeland security threats including cyber.”

    “These were five separate projects that all used Alion as the funding vehicle,” said Schwartz. Schwartz did not respond when asked to share the specific work products related to the Alion contract or explain why these projects were funded through an intelligence contract designed to enhance warfighting capability.

    CSIS produces extensive research on the topics listed by Schwartz, including recent reports that detail the purported need for the U.S. military to engage in the Arctic and to counter China’s influence in Africa. Neither report makes mention of any Alion funding.

    CSIS officials frequently testify on Capitol Hill and in public forums on the need to promote military spending efforts. In a recent New York Times article on the congressional fight over military spending levels following the withdrawal from Afghanistan, one CSIS director cautioned that despite the shift in U.S. policy, “the military element of national power also should not be diminished.”

    In July, Alion Science and Technology was acquired by Huntington Ingalls Industries, a major shipbuilder and one of the largest defense firms in the world. The company declined to comment on its ties to think tanks or how the intelligence contract has been used.

    The Pacific Forum did not respond to a request for comment. The organization received $586,555 from the Alion contract. The Pacific Forum has pushed aggressively for greater missile defense and naval spending.

    The Defense Department also did not respond to a media inquiry.

    The Alion grant is unusual in the way in which it channels a “warfighting” contract through a proxy defense contractor to a research institute. But many prominent think tanks rely on direct Defense Department contracts, a relationship that presents a similar conflict of interest.

    The arrangement of a defense contractor sharing a military-focused contract with think tanks provides a small window into the larger world of Defense Department funding of the most prominent voices in the military policy establishment. The public-facing descriptions of military contracts to think tanks are almost always vague; sometimes they are totally opaque.

    The Hudson Institute is another hawkish think tank that heavily relies on Pentagon funding. The group has recently pushed for “lead-ahead advancements like stealth aircraft” to compete with China and a greater focus on cyber warfare capabilities. The group received a $356,263 contract directly from the Pentagon this year to produce a “final report/brief” on aircraft defense. Last year, the group received nearly half a million dollars to produce reports and workshops on behalf of the Defense Department.

    The Center for a New American Security, a think tank that testified before Congress this year to press for more funding for advanced battlefield military technology and a greater focus on weapons that could be used for a confrontation with China, has received at least $1.1 million in Pentagon funding.

    Shai Korman, a spokesperson for the Center for a New American Security, said in an email that the group maintains complete intellectual independence and notes that it receives government funding on its website, but did not respond when asked to explain which particular CNAS projects are supported by the Defense Department.

    The role of think tanks in the policy debate cannot be underestimated. Since the mid-20th century, independent-appearing academic centers, often with opaque sources of funding and an ideological bent, have played an outsized role in advising Congress and federal agencies on major policy priorities. Media outlets often lean on think tank opinion when seeking expert opinion. And given that think tank officials rarely register as lobbyists, they are seen as politically neutral experts who are hired to work within various presidential administrations.

    The flow of military money has warped the public debate over Pentagon funding levels and U.S. policy, critics warn.

    “With so many think tanks getting a slice of the Pentagon budget, it’s not surprising that the Washington think tank choir sings the Pentagon’s praises.”

    “With so many think tanks getting a slice of the Pentagon budget, it’s not surprising that the Washington think tank choir sings the Pentagon’s praises,” said Ben Freeman, director of the Foreign Influence Transparency Initiative at the Center for International Policy, a research institute that does not accept military funding.

    “At the very least, think tanks receiving large sums of funding directly from the Pentagon or its contractors should make that abundantly clear in their written products and at speaking engagements,” added Freeman.

    Last year, the Center for International Policy reviewed the top 50 think tanks in the country. The report found extensive ties between the Pentagon and military contractors with the most influential think tanks, and recommended greater disclosure. CSIS, the report notes, received over $5 million in government and defense contractor funding from 2014 to 2019.

    “Hiding potential conflicts of interest in Congressional testimony or in think tanks’ published work leaves the public and policymakers with the impression that they’re reading unbiased research or hearing from a truly objective expert, when in fact they may be listening to someone whose work is being financed by an organization with an immense financial stake in the topic of that research,” wrote Freeman, the author of the report.

    Only a few major foreign policy and military-focused think tanks provided full transparency or rejected military support. Human Rights Watch, notably, released a statement that the group “doesn’t take money from governments because we report on them and it could create the perception of bias or that our independence was compromised. In a similar vein, we work to prohibit land mines, cluster munitions, and killer robots, so we wouldn’t want to take money from companies that make these types of weaponry.”

    But there is growing pressure on think tanks to do more to sever ties with foreign funders, provide greater disclosure, and proactively identify potential areas of conflict of interest.

    “Advocating for increased Pentagon budgets while receiving funding from the Pentagon poses a clear conflict of interest that should be disclosed in institutional products advocating for defense budget hikes,” said Eli Clifton, a senior adviser at the Quincy Institute for Responsible Statecraft and the author of a recent report on restoring trust in think tanks.

    The post Intelligence Contract Funneled to Pro-War Think Tank Establishment appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Craig Monteilh was no stranger to federal agents. A hulking man who’d spent much of his teenage and adult years as an amateur bodybuilder, Monteilh had once made a living ripping off drug dealers. One time, in 1986, the deal went bad, and Monteilh found himself sitting across the table from agents with the Drug Enforcement Administration. They gave him two options: Go to prison, or become an informant.

    Monteilh chose the latter, launching a career as a professional snitch that lasted more than two decades. Because of his ethnically ambiguous appearance, Monteilh was a versatile informant for both the DEA and the FBI — going into cases with covers ranging from a white supremacist to a Russian hit man to a Sicilian drug trafficker.

    “I was very good at what I did,” Monteilh boasted.

    In 2006, two agents with the FBI’s counterterrorism section — which had gone from a low-priority outfit prior to 9/11 to the bureau’s best-funded one — approached Monteilh with an ambitious new assignment. They wanted him to pose as a Muslim convert and infiltrate mosques throughout Southern California, home to an estimated half-million Muslims, a diverse set of Islamic worshippers living in shadows of Disneyland in sprawling Orange County.

    “This was a massive undertaking for the FBI,” Monteilh said. “It was an experiment — that’s what they called it — to see if I could actually fool an entire community. I’m a white guy, right? My backstory was that my mother was Syrian. My father was French. My father suppressed our religious heritage on my mother’s side.”

    Monteilh spent the next 18 months secretly recording conversations with unsuspecting Muslims and providing intelligence back to the FBI about scores of men and women whose only apparent transgression was practicing their religion. The name of the FBI program, Operation Flex, came from Monteilh being a lifelong gym rat. By offering his services as a fitness instructor to Muslim men, the FBI figured, Monteilh could build trust and identify potential security threats.

    “I remember being introduced to him as a new convert,” said Yassir Fazaga, an imam in Southern California at the time. “He was very fit. I remember telling him that. He even mentioned that he could train with me.”

    Monteilh eventually had a falling-out with the FBI after he was sent to prison on state criminal charges. Upon his release in 2008, he had a score to settle. He held a makeshift press conference with local media in his living room and blew the whistle on Operation Flex, describing how he spied on Muslims for the FBI without having any reason to believe that these people were committing crimes.

    Not long after Monteilh went public, the American Civil Liberties Union contacted him to explore an alliance. Monteilh agreed to document his activities for the FBI in a sworn affidavit, and the ACLU filed a class-action lawsuit against the U.S. government in 2011 alleging that federal agents had violated constitutional protections.

    “The use of the state secrets privilege was entirely to protect the FBI’s methodology from public scrutiny and legal accountability.”

    In November, the case will go before the U.S. Supreme Court, which will consider whether the Justice Department should be allowed to effectively scuttle the lawsuit without a trial. As in many cases of the post-9/11 era, the federal government hopes to do so by asserting the so-called state secrets privilege — which allows the U.S. government to block the release of information that could harm national security.

    Michael German, a former FBI agent who is now a fellow at the Brennan Center for Justice, believes that the government isn’t concerned about state secrets so much as about escaping public accountability for its actions. “The use of the state secrets privilege was entirely to protect the FBI’s methodology from public scrutiny and legal accountability, so that the practices could continue without a public acknowledgement that might drive reform efforts,” German said.

    The case has become one of the most significant legal challenges of the FBI’s post-9/11 surveillance of Muslims — with Monteilh, a brawny and uncouth man, the unlikely central figure.

    But the ACLU and Monteilh have fundamentally different motivations for trying to force the government to reveal what happened during Operation Flex. The ACLU is attempting to hold the government accountable for what it views as an unconstitutional spying program that targeted a religious minority, while Monteilh said he wants the world to know that he’s a world-class spy singularly responsible for one of the most significant domestic intelligence-gathering programs of the post-9/11 era.

    “It benefits me to be involved in this case,” Monteilh said after the Supreme Court announced it would hear the case. “It’s my legacy. I created it. This is me. I am Operation Flex.”

    GARDEN GROVE, CA - NOVEMBER 14: Mohammed Ali, 85, leaves the Garden Grove mosque on November 14, 2010, in Garden Grove, CA.  There is growing tension between the Muslim community of southern California and the FBI after an informant, Craig Monteilh, infiltrated local mosques to gather information only a month after local FBI leaders told the leaders of the Muslim community that the FBI would do no such thing.  Now, Monteilh is suing the FBI over their treatment of him and he's telling details of his operation. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)

    A Muslim man leaves a mosque on Nov. 14, 2010, in Garden Grove, Calif.

    Photo: Jahi Chikwendiu/The Washington Post via Getty Images

    The Post-9/11 Surveillance Apparatus

    Eleven years ago, while researching how the FBI responded to terrorism threats during the first decade after the 9/11 attacks, I met Craig Monteilh in his lawyer’s office near the John Wayne Airport in Orange County, California.

    Monteilh was wearing dark dress slacks and a light-purple button-down shirt made of a synthetic silk material that glimmered below the neon lights of the office. Monteilh has a muscular, top-heavy frame, and he moves like a child’s action-figure toy. His neck is so thick, he never fastens the top button of his shirt. His shaved head gives you a clear view of his large skull, and on the sides of his forehead, you can plainly see the veins bulging below the taut skin near his temples.

    “I’m not Mr. Universe, but I am Mr. Inconspicuous, right?” Monteilh told me.

    The FBI’s post-9/11 surveillance program in Muslim communities nationwide is something that we know a lot about now, two decades into the so-called war on terror: The bureau recruited more than 15,000 informants, the most ever in its history, and used these people to find information, such as immigration, criminal, or financial problems, that could be used as leverage to recruit other informants. The informant ranks swelled so quickly that the FBI developed a software program, called Delta, to track and manage its human sources. These informants also led hundreds of Muslims nationwide into aggressive FBI counterterrorism sting operations, in which undercover agents or informants played essential parts in supposed terror plots, often providing the weapons, money, and logistical support needed.

    But a decade ago, around when I first met Monteilh, journalists like me were only beginning to understand the full scale and potential illegality of the FBI’s post-9/11 surveillance of Muslims. It was difficult then to assess Monteilh’s credibility: While he had documents that proved he had worked for the government, including a letter from the FBI that referred to a nondisclosure agreement he signed during Operation Flex, Monteilh had a checkered past. He’d been in and out of trouble with the law, and as a longtime government informant, he’d effectively become a professional liar — not an innately trustworthy source.

    Monteilh also had a habit of dribbling out over time new details about what he did in Operation Flex. That made it appear that he was playing the press in a fairly sophisticated attempt to stay in the limelight — or that he was just making up more and more salacious details, such as his claim that the FBI ordered him to have sexual relationships with Muslim women, that he knew would titillate journalists. As a result, early news reports about Monteilh danced around questions of his credibility: His story was incredible, and important if true, but should we believe it?

    Two decades after 9/11, the blanket surveillance of U.S. Muslim communities under the guise of counterterrorism is no longer surprising or controversial. But in the first decade after 9/11, when Monteilh went public with what he’d done, that wasn’t the case.

    “A lot of the surveillance of the Muslim community that people were so upset about during that period has become normalized,” said Ahilan Arulanantham, the ACLU lawyer who is suing the government over Monteilh’s spying. “The FBI still goes out and interviews people in the Muslim community, still sometimes asking people about where they go mosque, what does the imam say, how many times you pray. The whole infrastructure for watchlisting — with the no-fly list and the terrorist screening database and all that — is in place.”

    The FBI’s surveillance of Muslim communities was rooted in an effort to correct the intelligence failures of 9/11. In the run-up to the attacks, the FBI was technologically hobbled, having suffered for years under its previous director, Louis Freeh, an avowed Luddite. On the day the twin towers fell, for example, FBI agents were forced to use fax machines to distribute photos of the suspected hijackers. “Agents lacked access to even the most basic internet technology,” John Ashcroft, then the attorney general, explained to the 9/11 Commission, which was created to investigate the U.S.’s failure to prevent the attack.

    After the attacks, President George W. Bush told Robert Mueller, who had taken over as FBI director just a week earlier, that a “never again” counterterrorism policy needed to be instituted. Mueller’s FBI responded to this by aggressively recruiting informants from Muslim communities and following up on any lead, no matter how ridiculous, encouraged by the government’s splashy “If you see something, say something” sloganeering.

    The bureau also embraced technology and data as tools for fighting crime and preventing terrorism. In 2005, Mueller brought Philip Mudd, the former second-in-command of the CIA Counterterrorism Mission Center, to the FBI as deputy director of the newly established national security branch. Mudd took over an FBI program, called Domain Management, that tracked immigrants suspected of being involved in industrial espionage for their home countries. Mudd expanded Domain Management to include government and commercial data in a way that allowed the FBI to map Muslim communities throughout the United States. Inside the bureau, some veteran agents described Mudd’s expanded Domain Management as unproductive and intrusive, with one FBI executive alleging during a high-level meeting that Mudd had pushed the bureau to “the dark side.” (Mudd has since remade himself as a fire-breathing commentator on CNN.)

    Some FBI agents referred to Domain Management as “Battlefield Management,” for the way it allowed the bureau to target specific geographic areas based on estimated Muslim populations. It was in this context that the FBI secretly launched Operation Flex in Southern California in 2006 and brought in Monteilh as the primary informant.

    ANAHEIM, CA - NOVEMBER 16, 2010: Khadija Bawahab, 3rd from left, walks with her grandchildren, from left, Rayhan Bawahab, Jamila Bawahab, and Bilal following Eid al-Adha prayers at the Omar al Farouk mosque on November 16, 2010, in Anaheim, CA.  There is growing tension between the Muslim community of southern California and the FBI after an informant, Craig Monteilh, infiltrated local mosques - including this mosque - to gather information only a month after local FBI leaders told the leaders of the Muslim community that the FBI would do no such thing.  Now, Monteilh is suing the FBI over their treatment of him and he's telling details of his operation. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)

    A Muslim woman walks with her grandchildren following Eid al-Adha prayers at the Omar Al-Farouk mosque on Nov. 16, 2010, in Anaheim, Calif.

    Photo: Jahi Chikwendiu/The Washington Post via Getty Images

    Operation Flex

    Monteilh entered Orange County’s Muslim communities as someone interested in Islam. He was embraced by local Muslims, and he took shahada, the profession of faith. Monteilh worked out with dozens of men, played video games with others, went on dates with Muslim women, and in a short time became a well-known convert in Southern California’s Muslim communities. He carried around secret FBI recording devices that looked like car key fobs and surreptitiously recorded conversations with hundreds of Muslim worshippers.

    He was the tip of the spear for a metastasizing surveillance operation that he says targeted a group of people based solely on their religious activity. If true, that is a constitutional violation. The FBI was most interested, Monteilh said, in information that could be used as leverage to recruit informants — such as information about financial or immigration problems.

    “People think the FBI goes around making arrests of Muslims. They do not want to arrest Muslims,” Monteilh said. “They want to enlist them as informants, and they’ve done it. It’s been 15 years since I’ve been in, right? I look at some people who were 23 and now they’re 38, and they’re imams now. And they’re informants. And I know, because I gave the intel.”

    Monteilh had been a federal informant long enough to know the game, and he worked the FBI as much as he did Southern California’s Muslim communities. Knowing that the bureau tries to keep compensation paid to informants artificially low — in order to prevent a potential jury from viewing an informant’s testimony as being bought by the FBI — Monteilh grossly inflated his reimbursable expenses, collecting receipts wherever he could and inflating his monthly living expenses. With a wink and a nod, the FBI paid Monteilh $177,000 for his spying on Muslims in Southern California.

    But the whole FBI operation soon fell apart. The leadership of a local mosque, concerned that Monteilh was an extremist, reported him to the FBI and filed a restraining order. About six months later, local police arrested Monteilh for his involvement in a scheme to con two women out of more than $150,000. Monteilh pleaded guilty to the state criminal charge and spent eight months in prison.

    During the time that Monteilh was secretly spying for the FBI, Southern California’s Muslim communities, and others nationwide, began to suspect that federal law enforcement agents were targeting them without cause. Fazaga, the Eritrean-born imam who had once complimented Monteilh on his physique, invited J. Stephen Tidwell, an FBI assistant director in charge of the bureau’s Los Angeles office, to his mosque to address community concerns. Tidwell told congregants at the meeting that the FBI was not spying on Muslim communities. During the meeting, Fazaga asked Tidwell about a local newspaper report that said the FBI was surveilling Muslim students at the University of California, Irvine. “We don’t trust that,” Fazaga said of Tidwell’s assurance that the FBI wasn’t spying.

    Tidwell glared at Fazaga angrily. “You’re calling me a liar?” Tidwell said.

    According to Monteilh, the FBI instructed him after this meeting to devote additional time on gathering more information about Fazaga. “The FBI was pissed,” Monteilh said.

    GettyImages-566068019

    Federal officials stand outside the home of Ahmadullah Sais Niazi in Tustin, Calif., on Feb. 20, 2009. Niazi was arrested as part of Operation Flex.

    Photo: Don Bartletti/Los Angeles Times via Getty Images

    An Uneasy Alliance

    Whether Operation Flex was a successful, productive mission for the FBI is debatable. Since the FBI won’t disclose what information agents obtained, the only available source is Monteilh, who claims that he not only provided information that led to the recruitment of dozens of informants but that he also led the government closer to Al Qaeda leader Osama bin Laden, who was killed by U.S. special forces in Pakistan in 2011.

    Monteilh’s bin Laden claim would be easy to dismiss as the bravado of an egotistical, self-interested informant were it not for the fact that there’s some evidence to suggest it could have merit. The most significant arrest to come out of Operation Flex was of Ahmadullah Sais Niazi, who was charged with immigration violations for allegedly not reporting his previous association with Al Qaeda on his U.S. citizenship application. Niazi’s brother-in-law was bin Laden’s former bodyguard, and Monteilh secretly recorded his conversations with Niazi, who allegedly described witnessing bin Laden arrive by helicopter to Afghanistan in 1996.

    While working as an FBI informant, Monteilh recorded the incriminating statements Niazi had allegedly made. But Monteilh’s decision to turn against the FBI ultimately cost the government its case against Niazi. After going public with his claims about Operation Flex, Monteilh met with Niazi’s lawyers and claimed that the FBI had tried to recruit Niazi as an informant by threatening to leak embarrassing information about his personal life. The government then dismissed the charges against Niazi, who remains in the United States but has never spoken publicly about his case.

    The alliance between the ACLU and Monteilh is an uneasy one, because they have markedly different motivations. Monteilh hopes the litigation will force the government to reveal what happened during Operation Flex — information that he believes will cast him as a kind of superspy and unsung American hero who played a supporting role in the death of bin Laden. “I believe that Operation Flex is illegal. It does violate the civil rights of Muslim Americans,” Monteilh said. “I don’t like that at all. At the same time, I do believe it’s a necessary evil. I believe that, because I lived it.”

    The ACLU, meanwhile, is trying to hold the government accountable for illegal spying. “It’s a complicated relationship, to put it mildly,” said Arulanantham, the ACLU lawyer. “Craig Monteilh is obviously a critical witness insofar as he’s the one who engaged in all the illegal activity at the heart of this litigation, but it’s also extensively corroborated by our clients because they interacted with Craig. They remember very well how he came into their community and how over the course of several months really made life miserable for at least hundreds of Muslims once they realized the government was trying to spy on them.”

    Monteilh is transparent about one thing: He’s in this for himself. “I sought two things — fame and fortune, in that order,” Monteilh said. “I wanted to make a name for myself. I wanted to make a reputation for myself that I’m proud of. And the money comes later. I was an American spy, and I pulled it off, didn’t I? I love that about me.”

    Ahilan Arulanantham, 2016 MacArthur Fellow, ACLU Southern California Offices, Los Angeles, CA, 09.10.2016

    Left: Ahilan Arulanantham of the American Civil Liberties Union. Right: Council of American-Islamic Relations California deputy executive director and staff attorney Ameena Mirza Qazi, middle, takes questions at the ACLU Foundation of Southern California headquarters in Los Angeles on Feb. 23, 2011.

    Photo: John D. and Catherine T. MacArthur Foundation, Damian Dovarganes/AP

    State Secrets

    Monteilh’s road to fame and fortune has been a long one. The ACLU filed its lawsuit in 2011. Just six months later, then-Attorney General Eric Holder declared the state secrets privilege — which allows the U.S. government to block the release of information that could harm national security. Holder’s claim covered all potential evidence in the ACLU’s lawsuit, a tactic the Bush administration had used aggressively in earlier cases, such as the ACLU’s challenge to the NSA’s warrantless wiretapping program.

    “The government is saying: ‘We didn’t target people solely on the basis of religion. Beyond that, we can’t say anything because of state secrets, and therefore, the whole case has to be dismissed,’” said Arulanantham.

    The ACLU is not asking the U.S. government for any information related to Operation Flex. Arulanantham and the rest of the ACLU’s legal team believe that they can adequately make their case with testimony from Monteilh and the people he spied on for the FBI.

    The Justice Department isn’t asserting the state secrets privilege to stop the ACLU from rooting around in classified files. Instead, the Justice Department is asserting that the ACLU’s claims are untrue — that no one was targeted solely for their religious beliefs — but that they can’t reveal the evidence to support that claim, even confidentially to a federal judge, because of national security concerns.

    The state secrets privilege is a legal doctrine that was built on a lie. In 1948, an Air Force B-29 bomber, carrying secret navigational equipment, crashed in a rural area of Georgia. Four civilian crew members were killed in the crash, and their widows sued the government for copies of the accident report. The government asserted state secrets privilege, claiming that the release of the report would damage national security, and the U.S. Supreme Court agreed with the government. Decades later, in the 1990s, the Air Force crash report from 1948 was declassified, and it did not contain national security secrets. Instead, the report contained only evidence of the government’s negligence to maintain the aircraft and train the civilian crew members on escape procedures.

    The state secrets privilege is a legal doctrine that was built on a lie.

    State secrets privilege became more common in the post-9/11 era. From 2001 to 2009, for example, the government asserted the privilege in more than 100 cases, according to a report by Georgetown University. Earlier this month, the U.S. government asserted the privilege in a lawsuit filed by former Saudi counterterrorism official Saad Aljabri, who claims that Saudi Crown Prince Mohammed bin Salman tried to have him killed.

    As with the 1948 crash case and the case involving the former Saudi official, the U.S. government claimed that information from Operation Flex would damage national security if it were made public in federal court.

    In response to the government’s state secrets claim, a federal district court upheld the privilege and dismissed the lawsuit out of hand. A federal appellate court in 2019 then reversed the lower court’s decision on all but one of the claims and ruled that the state secrets privilege was an overreach. The appellate court also ruled that the ACLU’s class of plaintiffs could seek monetary damages from the FBI for any warrantless wiretaps of their homes and offices associated with Operation Flex.

    The appellate court suggested that the Justice Department can resolve the state secrets issue by following protocols established by the Foreign Intelligence Surveillance Act. Under that law, a federal judge can review secret government evidence and rule on whether the evidence supports the government’s claims.

    If the government has secret evidence that exonerates the FBI in Operation Flex, Arulanantham will argue before the Supreme Court, “then they have to show it to a court and the court has to evaluate if that’s actually true.”

    That’s the issue now before the Supreme Court, which will hear arguments on November 8. The Supreme Court ruling won’t be on whether Operation Flex and similar post-9/11 surveillance programs were illegal but rather whether the U.S. government can assert state secrets privilege to avoid that very legal challenge. For that reason, this unusual case, involving a self-interested informant who believes that his spying was illegal but justified, has become one of the most significant legal challenges of the FBI’s post-9/11 abuses.

    “We are at the highest court,” Monteilh said. “I don’t mind saying this part out loud: We’re at that place because of me. I am the central figure of this case, aren’t I? Undoubtedly. And I am proud of that.”

    The post An FBI Informant’s Unlikely Role in Upcoming Supreme Court Case on Surveillance of Muslims appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Guantanamo Trials

    A man imprisoned at Guantánamo Bay peers out through the “bean hole” which is used to allow food and other items into cells at Camp Delta, Guantánamo Bay U.S. Naval Base, in Cuba, on Dec. 4, 2006.

    Photo: Brennan Linsley/AP

    As the U.S.-led occupation of Afghanistan draws to a close, it is my hope that fair-minded people will begin to reexamine the history of this long and bloody conflict. There are two especially prominent episodes from the opening stage of the war that deserve renewed attention due to their historical significance as well as their direct relationship to the unresolved issue of the Guantánamo Bay internment camp.

    During the final week of November 2001, a total of around 5,000 unarmed Taliban prisoners of war were massacred in two closely related incidents near Mazar-e-Sharif. Several dozen survivors were among the earliest detainees sent to Guantánamo Bay. These massacres received widespread media coverage at the time but elicited minimal sympathy from an American public still deeply shaken by September 11. Reporter Robert Young Pelton spoke for many Americans when he said, “We could have wiped out every Talib on earth and no one would have cared.”

    Now that the U.S. occupation of Afghanistan has finally ended, the time has come for these events to be reevaluated dispassionately and for the issue of prisoners of war to be resolved once and for all.

    During the summer and fall of 2001, I served as a Taliban infantryman in northern Afghanistan. In mid-November of that year, the Islamic Emirate of Afghanistan was on the verge of collapse. Kabul and several other major cities had been overrun by the Northern Alliance, a warlord cartel described by journalist Robert Fisk as “a symbol of massacre, systematic rape, and pillage” that would form the nucleus of America’s collaborationist regime for the next two decades. Our commanders told us that the Taliban had begun to evacuate their forces from urban centers to protect civilians from dangers posed by 15,000-pound Daisy Cutters, Tomahawk cruise missiles, cluster bombs, and depleted uranium munitions. I saw the toll that some of these weapons took on Afghan civilians with my own eyes.

    FILE - In this Nov. 19, 2001 file photo, Northern Alliance soldiers watch as U.S. air strikes pound Taliban positions in Kunduz province near the town of Khanabad, Afghanistan. The American military death toll in Afghanistan surpassed 1,000 at a time when President Barack Obama's strategy to turn back the Taliban is facing its greatest test, an ambitious campaign to win over a disgruntled population in the insurgents' southern heartland. (AP Photo/Ivan Sekretarev, File)

    Northern Alliance soldiers watch as U.S. air strikes pound Taliban positions in Kunduz province near the town of Khanabad, Afghanistan, on Nov. 19, 2001.

    Photo: Ivan Sekretarev/AP

    By mid-November, our division of about 8,000 mujahideen had been surrounded by the Northern Alliance in Kunduz. An agreement was made between our commanders and Northern Alliance warlord Abdul Rashid Dostum, who had recently subordinated his militia to the CIA. The agreement guaranteed us safe passage through Mazar-e-Sharif to Herat, near the Afghan border with Iran. From there, my understanding was that the Afghan mujahideen would return home, while foreign volunteers would evacuate to neighboring countries. In return, Dostum would be left to take control of the northeastern city of Kunduz without a fight.

    The agreement stipulated that we would travel to Herat in a convoy of trucks with only our light weapons, and it was decided that the foreign volunteer brigade would go first. We were about one-third Arab, one-third Uzbek, and one-third Pakistani, with smaller numbers of other nationalities totaling a few hundred. The remaining mujahideen were primarily Afghans and were to follow the same route from Kunduz through Mazar-e-Sharif to Herat.

    A few days earlier, thousands of miles away and unbeknownst to us, the following exchange had taken place at a Pentagon press briefing:

    REPORTER: Mr. Secretary, you had mentioned earlier that the U.S. is not inclined to negotiate nor to accept prisoners. Could you just elaborate what you meant by “nor to accept prisoners”?

    DEFENSE SECRETARY DONALD RUMSFELD: We have only handfuls of people there. We don’t have jails, we don’t have guards, we don’t have people who — we’re not in the position to have people surrender to us. If people try to, we are declining. That is not what we’re there to do, is to begin accepting prisoners and impounding them in some way or making judgments. That’s for the Northern Alliance, and that’s for the tribes in the south to make their own judgments on that.

    REPORTER: So they would be taken — you’re not suggesting they would be shot, in other words?

    RUMSFELD: Oh, my goodness, no. You sound like Charlie. (laughter)

    Once we were on the road, instead of permitting our convoy to pass as had been agreed, the CIA-led force insisted that we lay down our weapons before proceeding through Mazar-e-Sharif. After tense negotiations and a great deal of hesitation on our part, we complied. But instead of fulfilling their side of the agreement and letting us proceed, Dostum’s militiamen diverted our trucks to the Qala-e-Jangi fortress on the outskirts of Mazar-e-Sharif and began to bind us with our own turbans. The CIA interrogators made it clear that if we did not talk to them, we would be killed:

    CIA OFFICER MIKE SPANN: You believe in what you’re doing here that much, you’re willing to be killed here? How were you recruited to come here? Who brought you here? Hey! What’s your name? Hey! Who brought you here? Wake up! Who brought you here to Afghanistan? How did you get here? What? Are you Muslim? Put your head up. Don’t make me have to get them to hold your head up. …

    CIA OFFICER DAVID TYSON: Mike!

    SPANN: Yeah, he won’t talk to me.

    TYSON: OK, all right. We explained what the deal is to him.

    SPANN: I was explaining to the guy we just want to talk to him, find out what his story is.

    TYSON: Well, he’s a Muslim. You know, the problem is he needs to decide if he wants to live or die, and die here. If he don’t want to die here, he’s gonna die here. … It’s his decision, man. We can only help the guys who want to talk to us. …

    SPANN: Do you know the people here you’re working with are terrorists and killed other Muslims? There were several hundred Muslims killed in the bombing in New York City. Is that what the Quran teaches? I don’t think so. Are you going to talk to us?

    TYSON: That’s all right, man. Gotta give him a chance. He got his chance.

    Our Uzbek brothers were acutely aware of the likelihood they would be sent back to a country that Secretary of State Colin Powell described as “an important member of this coalition.” Political prisoners in Uzbekistan faced torture with cattle prods, asphyxiation with gas masks and plastic bags, dousing with freezing cold water, beatings with steel pipes and nail-studded wooden clubs, involuntary psychiatric treatment, electric shocks applied to the genitals, the removal of fingernails and toenails with pliers, the burning of body parts, rape, repeated kicks to the head, flogging the soles of the feet, forced labor in subzero temperatures, and being boiled alive.

    When it became clear that we had been betrayed, some of the Uzbek mujahideen detained in the fortress spontaneously launched a desperate revolt that could have only resulted in a massacre, but as the poet al-Mutanabbi said: “I am drowning, so what do I have to fear from getting wet?”

    As this began to unfold, the remainder of the convoy proceeded along the same route. They were stopped in the desert about five miles west of Kunduz and surrounded by U.S. Special Forces, along with their proxy militia. The convoy was then commandeered to a different fortress, known as Qala-e-Zeini, on the road between Mazar-e-Sharif and Sheberghan. Detainees were taken down from the trucks and tied up with their turbans. Survivor Abdul Rahman recalled seeing about 50 people buried alive; survivor Mohammad Yousuf Afghan recalled seeing more prisoners beaten to death and others drowned in pools of standing water. However, the vast majority were locked in metal shipping containers and left to die.

    Each of the containers held 200 to 300 detainees. By the time they arrived at Sheberghan and the containers were opened, most of the detainees had suffocated. In some containers there were no survivors. One of the truck drivers recalled: “They opened the doors and the dead bodies spilled out like fish. All their clothes were ripped and wet.” The thousands of bodies were then buried in mass graves in the Dasht-e-Leili desert outside the city. Another witness said that some survivors were summarily executed at the burial site under the supervision of U.S. Special Forces.

    FILE - In this Nov. 27, 2001, file photo two men with U.S. Special Operations forces walk nearby as the Northern Alliance troops fight pro-Taliban forces in the fortress near Mazar-e-Sharif, Northern Afghanistan. The Central Intelligence Agency together with U.S. special operations were the first Americans into Afghanistan after the attacks of Sept. 11th, and will likely be the last U.S. forces to leave.  (AP Photo/Darko Bandic, File)

    U.S. Special Operations forces walk nearby as the Northern Alliance troops fight pro-Taliban forces near Mazar-e-Sharif in northern Afghanistan on Nov. 26, 2001.

    Photo: Darko Bandic/AP

    A confidential U.N. memorandum shared with Newsweek concluded that evidence gathered at the site was “sufficient to justify a fully-fledged criminal investigation,” as the mass graves contained “bodies of Taliban POWs who died of suffocation during transfer from Kunduz to Sheberghan.” However, due to “the political sensitivity of this case and related protection concerns, it is strongly recommended that all activities relevant to this case be brought to a halt until a decision is made concerning the final goal of the exercise: criminal trial, truth commission, other, etc.”

    As Susannah Sirkin, deputy director of Physicians for Human Rights, said in a 2009 report: “Gravesites have been tampered with, evidence has been destroyed, and witnesses have been tortured and killed.” PHR researcher Nathaniel Raymond added, “Our repeated efforts to protect witnesses, secure evidence and get a full investigation have been met by the U.S. and its allies with buck-passing, delays and obstruction.”

    AFGHANISTAN MASS GRAVE

    Human bones and clothing lie in the sand at a mass grave site near the northern Afghan city of Sheberghan on Aug. 31, 2002.

    Photo: Mindaugas Kulbis/Ap

    Abdul Salam Zaeef, the Taliban government’s ambassador to Pakistan, who was detained for three and a half years in Guantánamo Bay, later wrote that of some 8,000 Taliban fighters who surrendered, “only 3,000 were to survive captivity. I had been in Islamabad trying to secure their release, and talked to Dostum several times, and he had assured me that the prisoners would be well treated. I even went to the United Nations to inform them about the prisoners, as well as the Human Rights Commission and the Red Cross.”

    Survivors of the twin massacres at Qala-e-Jangi and Dasht-e-Leili were initially detained together in a massively overcrowded prison in Sheberghan. Some would be killed by guards or die of medical neglect, starvation, or disease, but most would later be released. Several dozen others would be among the first planeloads of prisoners transported to Camp X-Ray at Guantánamo Bay.

    Untitled-1

    Qala-e-Jangi survivors Yasser al-Zahrani, left, and Mohammad al-Hanashi, right, both died at Guantánamo under dubious circumstances.

    Photos: U.S. Guantánamo Bay military prison

    In June 2006, Qala-e-Jangi survivor Yasser al-Zahrani, along with Ali al-Salami and Mani al-Utaybi, would be found hanging in their cells at Camp Delta, according to their autopsies. It later emerged that rags had been shoved down their throats. Their battered bodies were subsequently mutilated and returned to their families with their throats removed. In early 2009, Guantánamo detainees selected Qala-e-Jangi survivor Mohammad al-Hanashi as their representative and negotiator. Shortly thereafter, he was involuntarily committed to the Behavioral Health Unit, the camp mental hospital, and subsequently died on June 1, 2009, under dubious circumstances. Internal documents from the BHU dated June 1 and 2 were later described in a memo as “missing and unrecoverable for inclusion in the case file.” According to former detainee Mansoor Adayfi, what these four had in common was that they all played prominent roles in various forms of protest at Guantánamo, including mass hunger strikes. The same was true of Adnan Farhan Abdul Latif, who was sent to the BHU shortly before being transferred to Camp V, where he died in solitary confinement under similarly questionable circumstances in 2012, two years after he had been cleared for release.

    The history of the Guantánamo Bay internment camp did not begin in January 2002 with the opening of Camp X-Ray. It began in November 2001 with the mass slaughter of Taliban detainees on the outskirts of Mazar-e-Sharif. The CIA has yet to release its video footage of the massacre at Qala-e-Jangi and what led up to it, some of which I watched them film, nor has an exhaustive inquiry ever been conducted into the suspicious deaths at Guantánamo of Yasser al-Zahrani, Ali al-Salami, Mani al-Utaybi, Mohammad al-Hanashi, or Adnan Farhan Abdul Latif. There has also never been any satisfactory explanation for the death in custody of Guantánamo detainee Abdul Rahman al-Umari in 2007, nor of Awal Gul and Haji Naseem in 2011.

    The conflict in Afghanistan will not be fully resolved until the issue of prisoners of war has been justly settled. All remaining detainees must be set free, and comprehensive independent investigations must be conducted into these massacres and suspicious deaths. As the 20-year American occupation of Afghanistan comes to an end, so too must the obscene mockery of justice at Guantánamo Bay.

    The post The Guantánamo Bay Internment Camp Is an Unresolved Vestige of the American Occupation of Afghanistan appeared first on The Intercept.

    This post was originally published on The Intercept.

  • None of the issues still lingering 20 years after the 9/11 attacks have been as persistent — or as emotionally wrenching for the families of the victims — as the question of whether Saudi Arabia provided funding and other assistance for the worst terrorist attack in American history.

    Of the 19 Al Qaeda terrorists who hijacked four U.S. commercial airliners on the morning of September 11, 2001, 15 were citizens of Saudi Arabia — and of course, Osama bin Laden was a member of one of Saudi Arabia’s wealthiest families.

    Immediately after the attacks, the Bush administration downplayed the Saudi connection and suppressed evidence that might link powerful Saudis to the funding of Islamic extremism and terrorism. The Bush White House didn’t want to upset its relationship with one of the world’s largest oil-producing nations, which was also an American ally with enormous political influence in Washington, and much of what the FBI discovered about possible Saudi links to the attacks remains secret even today.

    “What are they hiding? What is the big secret?” Terry Strada, whose husband was killed in the attack on the World Trade Center, asked in an interview. “We’ve been operating on lies for 20 years. I’ve always just wanted to know the truth: Who was behind this, and how did it happen?”

    Many U.S. officials have insisted over the last two decades that the American government is not really hiding any conclusive evidence of Saudi involvement, and it is quite possible that successive presidents, along with the intelligence community, have closed ranks simply to avoid revealing classified information. And it’s plausible that officials want to avoid exposing details that might be politically embarrassing for both Washington and the Saudis yet don’t prove that the Saudi royal family, the Saudi government, or other powerful Saudi individuals played any role in providing funding or assistance for the September 11 attacks. But the refusal to be open and transparent about such a fundamental issue has fed suspicions.

    Two decades later, however, glimpses of material that have become public provide mounting evidence that senior Saudi officials, including one diplomat in the Saudi Embassy in Washington, may in fact have indirectly provided assistance for two of the Al Qaeda hijackers, Khalid al-Mihdhar and Nawaf al-Hazmi, who were the first of the hijackers to arrive in the United States in 2000 and lived for about a year and a half in San Diego beforehand.

    The CIA had identified both Mihdhar and Hazmi as Al Qaeda operatives by early 2000, based partly on Mihdhar’s participation in an Al Qaeda meeting in Malaysia, and the agency was tracking the pair’s international movements. But the CIA did not pass on that information to officials at the FBI or other domestic agencies at the time, and the two plotters were not placed on any watch lists that might have prevented them from entering the United States weeks later. It was not until weeks before the September 11 attacks that the FBI learned that Mihdhar and Hazmi had entered the country and began a belated and unsuccessful search for them, even as both men were living openly in San Diego, according to multiple government reviews.

    While no smoking gun has emerged, the evidence indicates that the two hijackers had received logistical and financial support from a handful of people inside the United States with connections to Saudi Arabia, including a man in California whose family received tens of thousands of dollars from the wife of the Saudi ambassador to the United States.

    The ongoing scrutiny of the Saudis’ role has been driven by a massive lawsuit in federal court in Manhattan brought by families of the victims, who maintain that senior Saudi officials were complicit in the attacks. The families were blocked for 15 years from even bringing their claims because of the “sovereign immunity” protection for foreign governments in court. In 2016, Congress overrode a veto by President Barak Obama to clear the way for the lawsuit by approving the Justice Against Sponsors of Terrorism Act.

    Bill Doyle, left, and Joan Molinaro, center, both from Staten Island, N.Y., parents of victims, present a poster of the World Trade Center bearing photographs of all the victims of the Sept. 11 terrorist attacks to Senator Charles Schumer, D-N.Y., during a news conference on terrorist financing on Capitol Hill Wednesday, March 19, 2003. Schumer said that new documents in possession by the Justice Department linking some of Saudi Arabia's most influential families to Al Qaeda should be made available tohelp victims' families prosecute those responsible for the Sept. 11 tragedy. Man rear center is John D'Amato, and rear right is Ronald Motley, attorney for the Sept. 11 families of victims. (AP Photo/Charles Dharapak)

    Bill Doyle, left, and Joan Molinaro, center, both parents of 9/11 victims, present a poster of the World Trade Center bearing photographs of all the victims during a news conference on Capitol Hill on March 19, 2003.

    Photo: Charles Dharapak/AP

    Lawyers for the families have now collected some 11,000 still-secret pages of internal documents from the U.S. government and have deposed numerous Saudi witnesses to determine what they knew of the hijackers’ plot, bolstering what they say is a trail of connections leading back to Riyadh.

    “Our view has always been that there were agents of the Saudi government acting in coordination with one another … to provide a critical support network for the first hijackers,” Sean P. Carter, one of the lawyers representing the victims’ families, said in an interview. “There are a lot of contact points between the bad actors here.”

    “Our view has always been that there were agents of the Saudi government acting in coordination with one another … to provide a critical support network for the first hijackers.”

    Carter said that a verdict against the Saudis, finding them financially liable in the attacks, could result in “many billions of dollars” in damages. But he added that bringing out the truth would be just as important. “This is the only vehicle the families have to correct the historical record and achieve some sort of accountability on behalf of their loved ones,” he said. “That’s a huge piece of it.”

    One of the most explosive pieces of evidence against the Saudis emerged only by accident. It came in a court filing by the Trump administration last year that was intended, ironically, to support the government’s arguments for keeping the FBI’s Saudi records sealed as state secrets. The Justice Department’s public filing, first reported by Yahoo News, redacted numerous sections on national security grounds but inadvertently disclosed the name of a former official in the Saudi Embassy in Washington — “Jarrah” — or Mussaed Ahmed al-Jarrah, who worked as a senior diplomat until about 2000 under Prince Bandar bin Sultan, who was then the long-serving Saudi ambassador to the United States. The document, citing a 2012 internal FBI summary, indicated that Jarrah was believed to have “tasked” two other Saudi men living in southern California “with assisting the hijackers” in San Diego, Mihdhar and Hazmi, who spoke little English.

    The accidental disclosure, reaching inside the Saudi Embassy in Washington, could prove critical for the victims’ families in establishing that Saudi Arabia bears some responsibility for the attacks.

    There has long been scrutiny on the two Saudi men who helped the hijackers in southern California — Omar al-Bayoumi and Fahad al-Thumairy, both of whom have left the United States. Bayoumi, a Saudi expatriate who was on the payroll of a Saudi defense contractor, befriended the two hijackers in San Diego soon after their arrival in 2000 and worked with them step by step to settle into their new lives. He helped them open bank accounts, apply for Social Security cards and driver’s licenses, find a place to live in San Diego, and even receive flying lessons.

    Bayoumi later told the FBI that he had met the two men by chance at a restaurant in Los Angeles and agreed to help them as simple hospitality toward fellow Saudis. But the FBI was skeptical of his account, according to documents that have since become public.

    The second man, Thumairy, was a diplomat in the Saudi consulate’s office in Los Angeles at the time. The FBI found extensive phone contacts between Thumairy and Bayoumi, and agents suspected that Thumairy also worked to help Mihdhar and Hazmi after their arrival.

    Osama Basnan, a Saudi living in San Diego, may have also played a role with Bayoumi. Basnan’s wife received tens of thousands of dollars in checks from the wife of Prince Bandar, the Saudi ambassador to the United States. The Saudis insisted that Bandar’s wife, Princess Haifa al-Faisal, sent the money as part of a charitable effort to help with medical bills for Basnan’s wife, who was ill at the time. But FBI investigators believed that a chunk of the money ended up with Bayoumi.

    Saudi Arabia's Ambassador to the U.S. Prince Bandar bin Sultan answers questions from graduate students at Tufts University's Fletcher School on Oct. 23, 2003.

    Saudi Arabia’s ambassador to the U.S., Prince Bandar bin Sultan, answers questions from graduate students at Tufts University’s Fletcher School on Oct. 23, 2003.

    Photo: Neal Hamberg/AP

    Other possible connections also led back to Prince Bandar, according to a 28-page section of a joint congressional inquiry in 2002, which was kept secret until its partial release in 2016. One intriguing piece of evidence came when an Al Qaeda operative was captured with the unlisted number for a Colorado company that managed Prince Bandar’s estate in Aspen.

    The 28 pages, kept secret through the Bush administration and most of Obama’s, laid out a panoply of other connections between the hijackers and people inside or connected to the Saudi government, raising as many questions as they answered. Former Sen. Bob Graham of Florida, who was co-chair of the joint congressional review that produced the report, had pushed for years for it to be declassified. He said at the time that the release of the partially redacted document “suggests a strong linkage between those terrorists and the Kingdom of Saudi Arabia, Saudi charities, and other Saudi stakeholders” and represented “the removal of the cork at the end of the bottle.”

    But many thousands of pages of government files on the possible Saudi connections remain bottled up, even as families of the victims have pushed in court for greater access to them as part of their lawsuit against the Saudis. And Prince Bandar himself reportedly refused to answer questions from lawyers for the victims’ families as part of the recent depositions of Saudi officials in their lawsuit. For years, Saudi Arabia has strenuously rejected charges that its officials had any knowledge of or involvement with the 9/11 terror plot.

    The Saudi Embassy in Washington did not return messages seeking comment on the lawsuit or the ongoing questions about the royal kingdom’s possible involvement in the attacks.

    Because of Saudi Arabia’s status as a critical Middle East ally, successive presidents have walked a diplomatic tightrope with Riyadh for two decades, selling billions in arms to the kingdom even in the face of human rights abuses and the ongoing questions about connections to the September 11 attacks. The alliance was tested again three years ago by another brutal act of violence — the killing and dismembering of Jamal Khashoggi, a Saudi dissident and Washington Post columnist. While the Trump administration drew wide criticism for failing to take any action over the assassination, the Biden administration publicly released an intelligence report earlier this year laying responsibility for the murder directly at the feet of Crown Prince Mohammed bin Salman and issued financial sanctions against some of those Saudi operatives thought to have been involved. But Biden stopped short of taking action against the royal prince himself because of concerns about the damage it might cause to the partnership.

    The final report of the 9/11 Commission in 2004, after a 20-month investigation, acknowledged that “Saudi Arabia has long been considered the primary source of Al Qaeda funding, but we have found no evidence that the Saudi government as an institution or senior Saudi officials individually funded the organization.” Some of the more intriguing financial connections between Saudis and the hijackers were consigned to unexplained footnotes.

    But some commissioners now doubt the report’s conclusions about the lack of Saudi involvement. “I don’t think we know all the answers. We got what the FBI had,” Jamie Gorelick said in an interview. “There were a number of trails that went dead on us, and it has been my assumption that funds from people in Saudi Arabia — not necessarily the government — flowed into the United States to help the hijackers,” she added. “They must have had some help, a network of support.”

    Indeed, the possible Saudi connections had generated intense scrutiny from investigators at the 9/11 Commission and debate over the final conclusions. Staffers believed that they had found a close Saudi connection to the hijackers in San Diego, but Philip Zelikow, the executive director of the commission, and Dieter Snell, a top aide, had doubts and rewrote that section of the final report before it went to the printers, removing the most damning material against the Saudis, according to “The Commission: The Uncensored History of the 9/11 Commission,” a 2008 book by Philip Shenon, who covered the commission for the New York Times.

    For years after the commission report, a team of FBI agents continued pursuing possible connections between the Saudis and the hijackers and built more evidence, but the Justice Department closed down the investigation without charges. In 2015, a federal commission revisited the 9/11 Commission’s recommendations and findings, but on the question of complicity by the Saudis or anyone else, it arrived at the same place — even in light of potentially significant new material gathered by the FBI in its investigation. “This new information is not sufficient to change the 9/11 Commission’s original findings regarding the presence of witting assistance to al-Hazmi and al-Mihdhar,” the review concluded.

    Most of the FBI files on the possible links still remain secret, even though the investigation has been closed. The Justice Department told the judges hearing the families’ lawsuit in August that the FBI would review the classified documents to determine what additional files could be disclosed publicly, and Biden signed an executive order last week formally authorizing that review process. But some victims’ family members say they are not optimistic that the review will produce much of value after fighting for 20 years — through four different presidential administrations — to find out what role Saudi officials might have played in the 9/11 plot. Some 1,700 survivors have been so upset by the ongoing blockage of the internal information in the case that they signed a letter to Biden last month asking him not to attend memorial events this week commemorating the anniversary.

    “I want to know why the Department of Justice is protecting the Saudi kingdom.”

    The possible Saudi connection overlaps with another lingering mystery from 9/11: How was it that even with the system “blinking red” at the CIA over intelligence indicating a possible attack, the CIA failed to communicate with the FBI about what it had learned about the Malaysia meeting and the fact that two of the would-be hijackers were in the United States?

    The explanation that communication failures and turf issues between the CIA and the FBI were to blame has never satisfied former intelligence officials like Daniel J. Jones, who led the six-year Senate intelligence staff investigation in the aftermath of 9/11 into the CIA’s use of torture against Al Qaeda detainees.

    “It has never made sense to me how the CIA requested surveillance of the meeting in Malaysia — this is after the embassy bombings and when there was a belief another attack was coming — yet nobody at the CIA officially relayed this information to the FBI, even after the CIA tracked two of the operatives to Los Angeles,” he told The Intercept.

    Richard A. Clarke, counterterrorism director at the National Security Council in both the Clinton and Bush White Houses, has theorized that one explanation may come from Saudi Arabia: With the CIA prevented from conducting intelligence operations on U.S. soil, it might have turned to a friendly foreign intelligence service — the Saudis — to track the movements of the two San Diego hijackers using Bayoumi, a suspected Saudi spy.

    “Nothing in the joint congressional investigation, the 9/11 Commission’s work or the CIA Inspector General’s investigation explains why the CIA hid its knowledge about these two al-Qaeda operatives,” Clarke wrote after the partial release of the 28 pages on the Saudis’ possible involvement in 2016.

    But a “false flag operation that went wrong” just might explain it, Clarke said. By this theory, the CIA — rather than going to the FBI for help — might have gotten the Saudi intelligence to have Bayoumi ingratiate himself with the two would-be hijackers in Southern California in 2000 and track their movements to determine why they had come to America. And in the aftermath of 9/11, the CIA and the Saudis “would have good reason to hide it,” he said.

    The lingering questions beg for answers, families of 9/11 victims say.

    Kristen Breitweiser, whose husband was killed in the attacks, said in an interview that the families are fighting not just the Saudis, but their own government, which she said appears more intent on protecting an important foreign ally than aiding the victims’ families.

    “We’re fed up. We want accountability and transparency,” Breitweiser said. “I want to know why the Department of Justice is protecting the Saudi kingdom. I’m being robbed of justice for the murder of my husband. It’s just a cover-up, I’m sorry to say.”

    The post 9/11 and the Saudi Connection appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Nine days after the September 11 attacks, President George W. Bush stood before Congress and delivered one of the most consequential speeches in modern history, outlining for the country and the world the shape his administration’s new “war on terror” would take. There would be no quarter for America’s enemies, Bush vowed, and the campaign would be waged at home as well as abroad.

    “Our nation has been put on notice: We are not immune from attack,” the president said. To address this vulnerability, Bush announced the creation of a new Office of Homeland Security, which would oversee “a comprehensive national strategy to safeguard our country against terrorism and respond to any attacks that may come.” Pennsylvania Gov. Tom Ridge, a Republican, Vietnam combat veteran, and friend of the president’s, would lead the effort. “These measures are essential,” Bush said. “The only way to defeat terrorism as a threat to our way of life is to stop it, eliminate it, and destroy it where it grows.”

    Just over a year later, on November 25, 2002, Bush signed the Homeland Security Act, paving the way for the largest restructuring of the U.S. national security state since the creation of the CIA and the Department of Defense a half-century earlier.

    Bush’s once compassionate descriptions of life on the southern border gave way to a narrative of unending existential threat.

    With the creation of the Department of Homeland Security, a megabureaucracy comprised of 22 federal agencies, Bush’s once compassionate descriptions of life on the southern border gave way to a narrative of unending existential threat. Just six days before 9/11, Bush had stood shoulder-to-shoulder with Mexican President Vicente Fox on the South Lawn of the White House to herald a new era of sweeping immigration reform. “I want to remind people: Fearful people build walls. Confident people tear them down,” he said. By the time he signed the landmark homeland security legislation 14 months later, Bush was telling reporters and lawmakers that “the front of the new war is here in America.”

    Two decades after 9/11, the birth of DHS stands out as the most significant domestic consequence of the war on terror, having taken the intensity, scope, and funding of U.S. border and immigration enforcement to heights previously unseen in the nation’s history.


    WASHINGTON, UNITED STATES:  Former Pennsylvania governor Tom Ridge (R) is sworn-in as Director of the newly created Cabinet-level position of the Office of Homeland Security 08 October, 2001 by Supreme Court Justice Clarence Thomas (L) as US President George W. Bush watches in the East Room of the White House in Washington, DC. The new position was created by the president to deal with terrorism within US borders.   AFP Photo/Paul J. Richards (Photo credit should read PAUL J. RICHARDS/AFP via Getty Images)

    Former Pennsylvania Gov. Tom Ridge, right, is sworn in by Supreme Court Justice Clarence Thomas, left, as director of the Office of Homeland Security while President George W. Bush looks on, in the White House in Washington, D.C., on Oct. 8, 2001.

    Photo: Paul J. Richards /AFP via Getty Images

    Through the department’s two largest components — Customs and Border Protection and Immigration and Customs Enforcement, which receive more federal funding than the FBI, the Drug Enforcement Administration, the Secret Service, the U.S. Marshals, and the Bureau of Alcohol, Tobacco, Firearms and Explosives combined — the U.S. has become the world’s leading jailer of immigrants. Most of those individuals are held in a network of for-profit jails that exploded in profitability following the attacks. Across the Southwest, pressure to increase DHS enforcement reshaped the federal court system, with daily mass prosecutions of migrants and other low level immigration offenses consistently consuming more of the federal docket than any other crime for much of the past two decades.

    Since 2001, the binational border communities that Bush once celebrated have been cut off by taller and taller walls and the planet’s most sophisticated border surveillance apparatus. In the past two decades, at least 9,000 migrants pushed by this apparatus into the country’s deadliest terrain have died. While lining the pockets of defense contractors north of the international divide, the militarization has transformed unauthorized border crossing into a massive black market, attracting organized crime, corrupt U.S. agents, and abusive Mexican security forces who target migrants as disposable commodities through systematic kidnapping and extortion.

    Under President Donald Trump, public questioning of DHS, including whether it should continue to exist, became common. Family separations at the border, Border Patrol special operations teams in Portland, reports of intelligence tampering at the highest levels of the department — the scandals and reports of abuse were unending. By the summer of 2020, sitting lawmakers were expressing regret for having ever voted for the creation of the department. Top Bush and Obama-era national security officials have since called for a serious retooling of the department. Others have called for its full dismantlement.

    Michael Chertoff, the second secretary of DHS, oversaw the department in the formative years of 2005 to 2009, presiding over a historic expansion of the Border Patrol and the construction of hundreds of miles of border wall. He rejects the notion that the actions the government took post-9/11 qualify as militarization.


    Chertoff Visits Arizona-Mexico Border Crossing

    Framed between two U.S. Border Patrol agents, U.S. Secretary of Homeland Security Michael Chertoff addresses the media at a press conference at a Border Patrol station in Douglass, Ariz., on May 5, 2005.

    Photo: Jeff Topping/Getty Images

    “The truth is, the border was not well patrolled,” Chertoff told The Intercept. “I don’t think we militarized it.” By incorporating radars and sensors, DHS was aiming to “build more technical capability,” he said. “We did build some barriers, but we did not intend to build barriers across 2,000 miles,” Chertoff said. “The idea was to simply make it possible to deter and intercept illegal cross-border smuggling and that’s part of what your responsibility is — not just because of terrorism, but just in general. You’ve got to be able to control your borders.”

    Erika Andiola sees that history differently. For her, the creation of DHS was about something deeper. Today, Andiola is chief advocacy officer at the Texas-based Refugee and Immigrant Center for Education and Legal Services, or RAICES, but in 1998, she was an 11-year-old girl from Mexico crossing the border with her mother to escape an abusive father. In 2013, Andiola’s mother and brother were arrested by ICE in Phoenix. By that point, Andiola was already a nationally known undocumented activist. An online outcry spared her family members from deportation. Andiola has been fighting for the creation of a humane immigration system ever since.

    “The entire narrative just became that we were the threat — we were the actual enemy of the nation.”

    Last year, Andiola and RAICES produced a podcast series examining the creation and legacy of DHS. Throughout the series, Andiola makes the case that the post-9/11 collapsing of immigration into national security radically altered the quality of life for immigrants and undocumented people in the U.S. — and not for the better.

    “It wasn’t just the actual policies and the funding and creation of these agencies, it was also how the framing of immigration started changing,” Andiola told The Intercept. “The entire narrative just became that we were the threat — we were the actual enemy of the nation.”


    USA-Mexico Border

    U.S. National Guard members patrol the U.S.-Mexico border fence near San Ysidro, Calif., on May 14, 2004.

    Photo: Christopher Morris/Corbis via Getty Images

    Think Big

    In the early days, a minor mystery surrounded the origins of DHS: How exactly did the Bush administration settle on the name?

    “Etymology unknown, don’t have a clue,” Ridge told the New York Times in 2002. The name, with its linguistic ties to authoritarian regimes from the Nazis to Chilean dictator Augusto Pinochet, was controversial. “The word ‘homeland’ is a strange word,” then-Defense Secretary Donald Rumsfeld observed in a February 2001 memo. “‘Homeland’ Defense sounds more German than American. Also, it smacks of isolationism, which I am uncomfortable with. Third, what we are really talking about, I suppose, is ‘population’ as opposed to ‘homeland.’ Let’s visit about this.”

    Concerns about the word “homeland” would continue to crop up again and again in the coming years. The Times, in the same article that quoted Ridge, reported that the administration borrowed the term from a 1997 Pentagon report. Ridge, who suffered a stroke in July, declined through a spokesperson to be interviewed for this story. One of his top deputies at the time, James Loy, said the paper’s reporting was accurate.

    The use of “homeland” was “a clear reference to the already existing homeland defense staff inside the Pentagon,” Loy told The Intercept. For Loy, who was commandant of the Coast Guard on September 11 and served as Ridge’s first deputy of DHS, the move from homeland defense to homeland security was the “very logical extrapolation of what it was determined the nation needed in the aftermath of the attacks on 9/11.” In his view, the U.S. had suffered an invasion by nonstate actors, specifically foreigners who had breached its perimeters. “This was something that happened to us on our turf,” Loy said. “In my estimation and in the estimation of many, many, many others, the designed effort to build a construct known as the Department of Homeland Security was exactly what this country needed in the aftermath of 9/11 because of the unique nature of that attack.”

    Getting there was not easy. Though Ridge was a well-liked Republican figure — “This is a guy that left law school, left Harvard Law School, so as to be able to sign up as a sergeant in the Army in Vietnam,” Loy said — the Bush administration had long resisted calls to stand up a whole new department, let alone one of the size that DHS would become.

    In the spring of 2001, former Sens. Gary Hart and Warren B. Rudman had released a report on the nation’s state of preparedness in the face of a national catastrophe, including a terror attack. The report found that the federal government’s capacities were “fragmented and inadequate.” Though he did order a “national preparedness review,” Vice President Dick Cheney opposed the creation of a new department in response to the findings on the grounds that it was “a big-government mistake,” aides told the Washington Post. Ridge was facing an uphill battle.

    Multiple factors influenced the administration’s eventual change of heart. For one, Sen. Joe Lieberman, a Democrat, was moving forward with proposed legislation to create a homeland-focused department. “While many Republicans were leery about a vast new bureaucracy, they did not want to cede the homeland security issue to the Democrats,” the Post reported. In April 2002, White House chief of staff Andrew Card called together a small group of mid-level staffers to explore options for addressing concerns that the nation’s domestic security apparatus was riddled with vulnerabilities. The group became known as the “Gang of Five.” Mark Everson, then a deputy director at the Office of Management and Budget, was one of the members.

    “Think big, do what’s right, and don’t worry about the politics.”

    Everson, who later headed the IRS and ran against Trump on the 2016 Republican ticket, had served as deputy commissioner of the Immigration and Naturalization Service, or INS, in the 1980s, overseeing the implementation of President Ronald Reagan’s landmark 1986 Immigration Reform and Control Act. He recalled his boss at OMB, Mitch Daniels, giving him three instructions before joining Card’s select team: “Think big, do what’s right, and don’t worry about the politics.” Beyond that, the gang was on its own. They poured over the Hart-Rudman Commission and past studies on military homeland defense. “We looked at all of the existing proposals,” Everson told The Intercept. “There were never instructions to achieve a particular outcome.”

    The gang met on a nearly daily basis and regularly presented their progress to a tightly controlled group of senior administration officials in the Presidential Emergency Operations Center, the same nuclear-proof bunker under the East Wing of the White House where Cheney sheltered during 9/11. The work was highly secretive. “People were brought into the office on a need-to-know basis,” Everson recalled. After six weeks, they completed their proposal. “The remarkable thing about this in the context of Washington is the president didn’t announce the proposal until June 6, and I remember that morning turning on the radio and there was no leak of it,” Everson said. Not even Bush’s Cabinet secretaries saw it coming.

    Nearly two dozen agencies, from the Federal Emergency Management Agency to the Secret Service, were folded into the new department. The biggest changes were in the border and immigration agencies, which became Everson’s responsibility. INS was axed entirely. Customs, previously under the Treasury Department, was attached to the Border Patrol to form CBP, while an entirely new agency, ICE, was created to carry out immigration enforcement and criminal investigations with a nexus to the border.

    The last time the U.S. government had done something as big as the creation of DHS, it was coming out of a world war. Forty years later, in the mid-1980s, Congress was still fine-tuning the results through legislation restructuring the Pentagon. Everson and his colleagues expected a similar, multidecade tweaking process for DHS. “There were no illusions amongst the five of us that this was going to be a perfect Swiss watch right from the get-go,” he said.

    Looking back, Everson believes that the department’s creation was properly matched to the terrifying uncertainty of the moment. Experts were warning of terrorists walking into malls with bombs strapped to their backs, he noted. From his vantage point in Washington, D.C., where the most powerful military in history had seen a jet-size hole blown into its global headquarters, that scenario that felt entirely plausible. “It wasn’t a question of if,” he said, “but when.”


    WASHINGTON - JANUARY 08:  The Department of Homeland Security main complex is shown January 8, 2010 in Washington, DC. U.S. President Barack Obama has ordered DHS to "aggressively pursue" advanced screening technology and to fix gaps in the way intelligence is distributed, analyzed and compared to watch lists used to identify potential threats against the U.S.  (Photo by Win McNamee/Getty Images)

    The Department of Homeland Security main complex is seen in Washington, D.C., on Jan. 8, 2010.

    Photo: Win McNamee/Getty Images

    Shockwaves and Shortcomings

    The surprise unveiling of DHS sent shockwaves through the federal bureaucracy. James Tomsheck remembers the moment he saw the department’s organizational chart for the first time. “Literally it looked like a plate of spaghetti,” he told The Intercept. “There were so many lines pointing in different directions and connecting different entities of the new department.”

    Beginning his law enforcement career as a local cop, Tomsheck had spent two and half decades rising to the senior ranks of the Secret Service. With the creation of DHS, he would serve as the contact point between the service and the “new department.” Bit by bit, as he learned more about how the new arrangement came together, he grew increasingly concerned.


    James Tomsheck

    James Tomsheck poses in his office in Washington, D.C., on June 5, 2009.

    Photo: Alex Brandon/AP

    As Tomsheck saw it, the foundational problems with DHS were two-fold. First, it was conceived in a vacuum. Based on his interactions, he concluded that the Gang of Five were “very nice, very smart people, none of which had a clue how to execute a law enforcement mission.” He added: “They made a lot of mistakes because the department was created in a vacuum without any input from those that would execute the mission.” Second, once the wheels were publicly in motion, the voices shaping the creation of the largest domestic law enforcement agency in the history of the country were often those of U.S. military officials.

    “A lot of good people that came from the Navy, the Coast Guard, a lot of Marines, more than a few Army — generals and admirals,” Tomsheck said. “Smart people that had served our country well but had never been involved in the execution of law enforcement and had no idea how to relate to law enforcement organizations.”

    DHS officially began operations on January 24, 2003, becoming the largest agency in the federal government after the military. Ridge was sworn in that day. From the start, there were questions as to whether the new department could carry out its core missions.

    In the wake of 9/11, lawmakers were intensely focused on improving information sharing between the FBI and the CIA. The new department was supposed to address the issue. One of the great ironies of DHS, however, is that despite the central role that the intelligence sharing problem played in justifying its creation, the department would never have the authority or institutional weight to meaningfully influence the relationship between the country’s premier law enforcement and intelligence agencies.

    Four days after Ridge was sworn in, Bush announced the creation of a new Terrorist Threat Integration Center that would specifically exist to synthesize FBI and CIA intelligence sharing — it would not fall under DHS. Ridge learned of the news from watching the president’s speech.

    In place of a reckoning, the FBI and CIA became flush with cash, swagger, and congressional support.

    In place of a reckoning, the FBI and CIA became flush with cash, swagger, and congressional support. When DHS officials proposed naming one of their new agencies “Investigation and Criminal Enforcement,” then-FBI director Robert Mueller quickly shot it down, telling an aide: “Over my dead body.” The bureau forced the agency to drop an investigation into terrorism funding and even got Ridge to sign a memo committing that DHS components would not undertake similar operations going forward. That agency became Immigration and Customs Enforcement.

    In the coming years, the DHS brand of counterterrorism for many Americans became synonymous with inconvenient and at times discriminatory airport experiences. Congress, meanwhile, would eventually find that DHS fusion centers, one of the core components of the department’s efforts to improve information sharing among local, state, and federal law enforcement agencies, almost never produced valuable intelligence despite more than $1 billion in funding.

    Perhaps most concerning, when elements of DHS did disseminate information on domestic threats, they sometimes found themselves in serious trouble. That was the case for Daryl Johnson. A domestic terrorism expert in the department’s intelligence office, Johnson and his team wrote a report in 2009 warning that the election of the nation’s first Black president could ignite a wave of far-right organizing, particularly around issues related to the border and immigration and blowback from wars abroad. Under pressure from Republicans, DHS quashed the report. Johnson and his team lost their jobs.

    Allegations of high-level DHS intelligence meddling continued as recently last year, with a top DHS official reporting that the heads of the department pressured his office to exaggerate threats related to anti-fascists and downplay those related to the far right to legitimize Trump’s domestic political agenda.


    Portland Protests Continue Unabated Despite Federal Law Enforcement Presence

    A Department of Homeland Security federal police officer is seen in downtown Portland, Ore., as the city experiences another night of protests against police violence on July 24, 2020.

    Photo: Spencer Platt/Getty Images

    A Matter of National Security

    DHS won several turf battles in the early post-9/11 era, but it had seemingly lost the war. Elbowed out of the counterterrorism big leagues, department officials turned their attention elsewhere, casting other elements of their operations as components of the global campaign against “Al Qaeda and associated forces.”

    Thankfully for its most high-level proponents, this conceptual flexibility had been written into DHS’s DNA. In testimony he gave to the Senate in 2002, Ridge said that “the war on terrorism can only be conducted if we are all engaged as troops in that effort.” He also linked the department’s No. 1 priority — stopping another terror attack — to the nation’s borders: “Because terrorism is a global threat, we must have complete control over who and what enters the United States.”

    In the two decades prior to 9/11, the Border Patrol had been steadily growing in size while embracing an increasingly militarized posture in the Southwest through its close relationship to the Pentagon in the war on drugs. By 2004, DHS officials, “citing concerns about terrorists crossing the nation’s borders,” had given the agency “sweeping new powers to deport illegal aliens from the frontiers with Mexico and Canada without providing them the opportunity to make their case before an immigration judge.” The following summer, Congress authorized hiring 10,000 new agents over the next five years.

    Ridge announced his retirement from DHS in November 2004, before the hiring surge truly took off. Chertoff, his successor, shared the view that undocumented immigration was a clear national security threat and made it the department’s core mission to do something about it.

    As head of the Justice Department’s Criminal Division, Chertoff had spent much of 9/11 holed up inside FBI headquarters examining leads. In the two years that followed, he co-authored the Patriot Act and became one of the early legal architects of Bush’s emerging war on terror. In 2003, he was appointed as a judge on the 3rd U.S. Circuit Court of Appeals, where he remained until 2005, when the White House came calling.

    “Leaving the bench for a job in executive branch is not something that would normally be attractive,” Chertoff told The Intercept. “But because I had been very much involved in the immediate response to 9/11, I felt a special obligation to follow through on what I had lived through those first couple of years.”

    “The president believes — and I agree — that illegal immigration threatens our communities and our national security.”

    Chertoff found a department in disarray on multiple levels. “You never have time to collect your thoughts because there are dozens of things coming at you,” he said of his feelings at the time. Chertoff quickly turned his attention to immigration and the border, issuing a six-point agenda for whipping the department into shape. That fall, in his first appearance before the Senate Judiciary Committee as secretary, he delivered a report on the state of his efforts.

    Since 9/11, the Bush administration had deported “several million” undocumented immigrants, Chertoff testified. Border security spending had increased by nearly 60 percent, rising to $2.7 billion a year. That very day, he said, Bush’s signing of a DHS appropriations bill would open more than $890 million to CBP and ICE alone.

    The goal, the secretary told lawmakers, was the immediate removal of all undocumented individuals crossing the border and the construction of the “tough enforcement regime” throughout the interior of the country.

    “The president believes — and I agree — that illegal immigration threatens our communities and our national security,” Chertoff testified.


    Border Patrol Recruitment

    Border Patrol agent recruits practice small arms firing as senior agents, in red, watch at the Border Patrol Academy in Artesia, N.M., on April 5, 2007.

    Photo: Matt York/AP

    The Surge

    When the twin towers fell in 2001, the Border Patrol had just over 9,000 agents. By the end of the Bush administration, it had twice that.

    Thanks to a lowering of hiring standards and a relaxation of background checks, it was the largest expansion of a law enforcement agency in the shortest amount of time ever, and it made CBP the biggest domestic policing agency in the world. By the time President Barack Obama left office, there were 21,000 Border Patrol agents, the vast majority posted in the Southwest. An agency that had a $326 million budget in 1992 had a $4.7 billion budget in 2019. The eye-popping figures reflect the spending bonanza that accompanied post-9/11 homeland security — as Ridge later told Politico, describing the early days of DHS, “People just wanted to give me unlimited amounts of money.”

    As the Border Patrol’s ranks swelled, DHS applied a battlefield mindset to the agency’s area of operations, building “forward operating bases” — austere Border Patrol operations centers — north of the international divide. The department expanded the Border Patrol’s network of vehicle checkpoints. Armed federal agents — who, thanks to legislation from the Cold War, enjoyed sweeping powers to conduct warrantless searches of people and things within 100 miles of the nation’s boundaries — were posted along highways with orders to scrutinize the nationality of passing motorists.

    Ostensibly meant to make border apprehensions easier, the checkpoints altered the texture of day-to-day life in border communities across the Southwest. In addition to systematic civil liberties violations against border residents and American citizens, researchers have found correlations between the checkpoint interdiction strategy and the unprecedented post-9/11 explosion in migrant deaths on the border.

    Just as the war on terror spawned a network of detention centers abroad, where individuals deemed a threat to the homeland could be housed indefinitely, DHS did the same at home. Like the wars, it was a system built on private contractors. Two months after the attacks, comments by Steve Logan, CEO of the private prison company Cornell Companies, which was later bought by the industry giant GEO Group, captured the thinking of the time.

    “It’s clear that since September 11, there’s a heightened focus on detention, both on the borders and in the U.S.,” Logan said in a call with investors. “Federal business is the best business for us. It’s the most consistent business for us, and the events of September 11 is increasing that business.”

    Illness, physical and sexual abuse, and even deaths have been a persistent problem in the notorious facilities.

    Three million people were shuttled through the U.S. immigration detention system in the decade that followed, as private immigration detention went from an industry that barely existed prior to 2001 to a $3 billion-a-year cash cow with a well-documented history of horrific abuse and negligence. For men, women, and children detained in the borderlands, entry into this apparatus nearly always entailed passing through an hielera, or ice box — cold, border jail cells absent of furniture or privacy. Like immigration detention centers more broadly, illness, physical and sexual abuse, and even deaths have been a persistent problem in the notorious facilities.

    In the summer of 2006, Tomsheck retired from the Secret Service and moved over to CBP, where he soon became the agency’s top internal affairs official. For Tomsheck, this second window into the post-9/11 evolution of homeland security in America was far more disturbing than the first.

    In the years after the Border Patrol hiring surge, CBP saw an average of nearly one employee a day arrested on misconduct charges, a rate that far outpaced any other law enforcement agency in the country. In 2012, the FBI deemed corruption inside the nation’s post-9/11 homeland security agencies its No. 1 domestic criminal priority.

    By that point, Tomsheck had already filed a whistleblower complaint accusing top DHS officials of pressuring his office to redefine corruption so that CBP’s numbers wouldn’t be so high. Tomsheck refused and was pushed out of the agency in 2014. He has since described the CBP hiring surge as “the greatest compromise of law enforcement integrity our country has ever seen.” Earlier this year, Tomsheck and two former senior DHS colleagues went on the record with sworn statements describing an entrenched pattern of senior Border Patrol leadership covering abuses in use-of-force cases, particularly cases of lethal force.

    These days, Tomsheck said, whenever he sees a story of some local or state law enforcement official accused of excessive force, he finds himself thinking about 9/11, the nation’s response to terrorism then and after, and the mentality that DHS fostered.

    “Those three things together have created this militaristic mindset on the part of many state and local law enforcement officers — that they are every day going to work mentally prepared to engage with terrorists, forgetting that 99.9 percent of the time they’re functioning as local law enforcement officers, a difficult and often dangerous job,” he said. “But they’re not fighting a war.”


    US-POLITICS-IMMIGRATION-REFORM

    A young girl whose father was deported cries during a protest in response to President Barack Obama’s delay on immigration reform in front of the White House in Washington, D.C., on Sept. 8, 2014.

    Photo: Saul Loeb/AFP via Getty Images

    The Path Forward

    In the mid-2000s, while he was attending law school on the East Coast, César Cuauhtémoc García Hernández made a visit home that he would not forget.

    Though García grew up in McAllen, Texas, the Mexican city of Reynosa, just across the border, was like a second home; it was where his siblings were born, and it was where they were all headed for lunch when they saw the steel bollards of the border wall rising out of the banks of the Rio Grande for the first time.

    “We just stared at it silently,” García told The Intercept. It felt like a message straight from the U.S. government, he said, a warning about the dangerous people on the other side of the divide. It was in that moment García understood that life as he knew it had changed, and things wouldn’t be going back to the way they were before, maybe ever.

    García finished school and began making his way as a legal scholar during the Obama years, when DHS carried out a record 3 million deportations — even Trump, despite his best efforts, was unable to break Obama’s record. Today, he is a law professor at Ohio State University and one the nation’s leading experts on the intersection of criminal and immigration law. Like border militarization more broadly, “crimmigration,” as experts in the field call it, was gathering momentum in the decades before 9/11 and rocketed into the stratosphere with the creation of DHS.

    “Without question, it is thrown into overdrive in the aftermath of September 11,” García said. “All of the sudden, targeting migrants became a part of how presidential administrations thought of their obligation to protect the nation.”

    If ever there was an opportunity to break from this tradition, it may have been post-Trump. For many Americans, the Trump years were a horrifying introduction to the extraordinary system of immigration enforcement that has been built over the past two decades.

    “All of the sudden, targeting migrants became a part of how presidential administrations thought of their obligation to protect the nation.”

    So far, Alejandro Mayorkas, President Joe Biden’s DHS secretary, has continued the most sweeping border restriction of the Trump era: Title 42, a Centers for Disease Control and Prevention measure that’s been used to summarily expel upward of 1 million migrants, including asylum-seekers, without a hearing. The policy has caused a bottleneck of vulnerable people in the border’s most dangerous cities. In August, the organization Human Rights First documented more than 6,300 cases of violent attacks targeting individuals waiting at the border in the first seven months of the Biden administration.


    US-TEXAS-BORDER-IMMIGRATION-DETENTION

    Children lie inside a Customs and Border Protection pod at a detention center for unaccompanied minors in Donna, Texas, on March 30, 2021.

    Photo: Dario Lopez-Mills/AFP via Getty Images

    At its peak under Trump, DHS was detaining an average of roughly 55,000 immigrants on any given day. After waves of infections, deaths, and detention releases resulting from Covid-19, that number dropped to a record low of 14,000 individuals earlier this year. In recent months, however, those numbers have been shooting back up.

    “That was the most promising moment in the last 20 years,” García said. “The Biden administration has allowed that to evaporate.”

    Among the founding and former officials who spoke to The Intercept, the legacy of DHS remains largely celebrated. Acknowledging that there were bumps along the road, most pointed to the absence of another 9/11-like event as evidence of the department’s success; none supported its wholesale dismantling. “You’re going to have a fragmented homeland security,” Chertoff said. “Everything is going to be just thrown up in the air, and you’re going to spend a lot of time trying to coordinate things that right now actually are coordinated.”

    For many whose communities now exist in the shadow of the border wall, the mark that DHS has left since 9/11 looks somewhat different. “Under Republican and Democratic administrations, the wall gets longer, and it gets taller, and the surveillance gets more intense, and we continue to view migrants as dangerous and immigration as threatening,” García said. “It’s a road which has no end.”

    The post How Post-9/11 Visions of an Imperiled Homeland Supercharged U.S. Immigration Enforcement appeared first on The Intercept.

  • When Jawad Rabbani was about 12 years old, he printed out the Wikipedia entry for the Guantánamo Bay U.S. military prison in Cuba. With his rudimentary English, he pored over the document, looking up words and concepts he didn’t understand. Around the same time, he watched a Bollywood film about a young man suspected of terrorism in the aftermath of the 9/11 attacks. A scene depicting a man getting waterboarded left Rabbani shaken — and obsessed with learning all he could about U.S. torture. He spent hours searching for videos demonstrating torture methods and watching them on repeat.

    “When I saw that scene, it was really heartbreaking, it was really difficult for me,” Rabbani, 18, told me on a call from his home in Karachi, Pakistan. “I wanted to understand how the CIA tortured these guys, their techniques.”

    Rabbani was born months after his father, a taxi driver named Ahmed Rabbani, was arrested in Pakistan in 2002 and transferred to U.S. custody — misidentified, according to the U.S. Senate Intelligence Committee Report on Torture, as Hassan Ghul, a Pakistani member of Al Qaeda whom the CIA briefly detained and later killed in a drone strike. Jawad had read online that his father had been subjected to 545 days of torture at a CIA black site in Afghanistan before being sent to Guantánamo, where he remains to this day with no charge.

    The U.S. government has detained nearly 800 men at Guantánamo since it opened in 2002 — an overwhelming majority of them without charges. Now, nearly 12 years after President Barack Obama vowed to shut down the prison within a year of his inauguration, 39 of them remain, only 12 of whom have been charged with a crime. Ten more have been cleared for release but remain at the prison awaiting resettlement. Transfers out of Guantánamo mostly halted during the presidency of Donald Trump, who opposed closing the prison and threatened to send more people there. President Joe Biden has indicated that he intends to close Guantánamo, though he has offered no timeline for doing so. In July, the U.S. government repatriated Abdul Latif Nasser, who had been held for two decades without charge, back to Morocco — the first transfer under the new administration.

    “There’s so much focus on the injustice on the men in Guantánamo, but what’s often forgotten is the fact that this has had such dire consequences for waves of family members around them.”

    The abuses these men endured before, during, and sometimes after their stay at the prison are a dark chapter of the two-decade war on terror launched in the aftermath of 9/11. The physical and psychological torture, beatings, and forced feedings they were subjected to have been widely documented. The devastating impact of detention at Guantánamo, however, extends well beyond the men themselves, defining the lives of hundreds of their family members across the world. An untold number of children have grown up with a father at Guantánamo — living childhoods filled with fear, anguish, and stigma.

    “There’s so much focus on the injustice on the men in Guantánamo, but what’s often forgotten is the fact that this has had such dire consequences for waves of family members around them,” said Katie Taylor, deputy director of Reprieve, an advocacy group that represents six men who remain at Guantánamo and that has worked to support more than 70 former detainees who were resettled in 28 countries.

    “Children grow up without a father, often without a breadwinner,” Taylor added. “And then there’s also a huge amount of stigma, even though the U.S., in most cases, hasn’t charged or tried them, and even though the so-called intelligence that their detention is based on has been debunked so clearly over the years. … But people assume there’s no smoke without fire, and they must have done something — and that doesn’t just impact the men when they are released, it very much impacts their family members. There is so much heartache.”

    “I Never Told Anyone”

    Yusuf Mingazov was 3 years old when his father, Ravil Mingazov, was arrested in Pakistan in 2002 and transferred to U.S. custody, suspected of being associated with Al Qaeda and the Taliban. He was never charged with a crime, and in 2010, a federal court found that none of the accusations leveled against Ravil by the U.S. government could be proved and that there was no lawful basis for his detention. (“Ravil was never a threat. He never did anything to harm the United States or its allies. He was not a member of Al Qaeda or the Taliban. He did nothing to act in a hostile manner,” his attorney, Gary Thompson, told The Intercept.)

    Ravil, a Russian Muslim of Tatar ethnicity, had been a classical dancer and a decorated officer with the Russian army before leaving the country in 2000, seeking to escape religious discrimination and harassment from authorities. He wished to relocate his family to a majority-Muslim country, so they set off for Afghanistan by way of Tajikistan.

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    Ravil Mingazov, pictured as a member of the Russian army before his imprisonment at Guantánamo Bay in 2002.

    Courtesy of Yusuf Mingazov

    Following his father’s arrest, Yusuf grew up in the city of Naberezhnye Chelny, in Russia’s Tatarstan region, where his mother worked three jobs to sustain them in his father’s absence. Harassment by Russian authorities eventually sent the family to Syria. Amid the war in Syria, they returned to Russia in 2012. But when Russian security forces again began to harass them, they left for the U.K., where they received political asylum and continue to live. Yusuf, who is now 22, is studying to become a doctor.

    From a young age, Yusuf’s mother had told him that his father was in jail “by accident, that he was in the wrong place at the wrong time,” he recalled. But she hadn’t explained the full circumstances of his detention, seeking to protect him by sparing him the details.

    Not knowing left Yusuf resenting his father for not being around. He began to seek out answers for himself. When he heard that “Guantánamo is in America,” he turned to Google to learn more, finding photos of shackled detainees at the prison and reports of beatings and torture. He never spoke about his father with friends. “I never told anyone,” he said. “It won’t make sense that he’s innocent if he’s been there for such a long time.”

    IMG_0604

    Yusuf Mingazov, son of Ravil Mingazov.

    Photo: Courtesy of Yusuf Mingazov

    Over the years, Yusuf had learned to conjure up an image of his father through old photos and family tales. His mother didn’t like talking about Guantánamo but would tell him stories about his father prior to his arrest. Other relatives told him that his father, who worked in a military food warehouse, used to take leftover food and distribute it to people in need and that he had set up a small library of religious books for fellow officers curious about Islam.

    “There’s this phrase in Russian, ‘When he walked, it looked like writing,’” Yusuf recalls a family friend telling him about his dad. “He walked in a very beautiful way, he was a ballet artist, and so he had a very good physique, and nice movements.”

    Yusuf first spoke with his father more than a decade after he landed at Guantánamo, on a video call arranged by the International Committee of the Red Cross, which for years has facilitated contact between men detained at the prison and their families. He was struck by his father’s long, unkempt beard, which reminded him of a movie about a man cast away from a shipwreck. “He looked like a man on a raft,” he said.

    “But he didn’t look like a broken person,” he stressed. “He was very happy, he was laughing. I saw that he was looking at me, like exploring me, because he hadn’t seen me for a long time.”

    Over hourlong calls every few months, Yusuf began to get to know his father, who would also send him postcards from the prison — pictures of sports cars, motorcycles, and mosques from around the world.

    In 2016, U.S. officials cleared Ravil for release after 15 years of detention without charge. He feared persecution in Russia, where some of his friends had died under suspicious circumstances. At least seven other Russian nationals who were held at Guantánamo had already returned there, where some were arrested and tortured by Russian security forces, according to a 2007 Human Rights Watch report. At least one was killed; others are now in hiding.

    Instead, Ravil became one of 23 Guantánamo detainees who were transferred to the United Arab Emirates as part of a confidential bilateral agreement with the U.S. government. He and his lawyers were made to believe that the resettlement would be permanent and that he would be detained for six months, to participate in a rehabilitation program, before being released for good. His son said that Ravil had wanted to be in a Muslim-majority country. “He thought they would be good people because they are following Islamic rules,” he said.

    At first, Ravil was treated well in the UAE; he was given access to books and weekly calls with his son. The two started picturing their reunion. “He would say, ‘When I come out, we’ll have a huge barbecue, and we’ll invite all the family, and me and you, we’ll start going to the gym together,’” his son recalled. But as the years passed, the calls grew shorter and further apart. When Ravil complained to his son about the way he was treated, they were abruptly disconnected. “They never let him speak freely,” said the younger Mingazov. “Guantánamo was very bad, but this is even worse.”

    Yusuf believes that UAE officials reduced his father’s access to calls in retaliation for his complaints about the facility, which Yusuf passed on to his father’s attorney. (Thompson was never allowed to speak with his client after his transfer.) Last Yusuf heard from his father, he was being held in solitary confinement in an unknown location and denied medical treatment — but it’s been months since their last call.

    “There’s just total darkness around the UAE’s behavior, and they can act with impunity.”

    “The UAE really does not allow anybody access to monitor what they are doing,” said Thompson. “So there’s just total darkness around the UAE’s behavior, and they can act with impunity.”

    Meanwhile, in Russia, officials have shown up at Ravil’s mother’s home, seeking to verify information to issue him with a passport. That has raised fears among his relatives and attorneys that he might soon face forcible repatriation from the UAE.

    “The UAE promised our State Department that no such transfer would ever take place,” said Thompson. “They also promised they would treat Ravil humanely, and they haven’t done that either, but the idea [of repatriation] has already been condemned by the United Nations, so it would be in flagrant disregard of international law, and I don’t think the UAE wants to be a pariah government.”

    Thompson added that Ravil has a pending petition for family reunification in the U.K., where he could reunite with his son. “They are just sitting on it for political reasons, they’re afraid to do anything with it,” Thompson said, referring to U.K. officials. “They just won’t act on it.”

    A spokesperson for the U.K. Home Office declined to comment on Ravil’s petition, saying the office does not comment on individual cases. The UAE Embassy in the U.S. a did not respond to a request for comment.

    A Lifetime Apart

    Among the dozens of men who remain at Guantánamo, Ahmed Rabbani is one of 17 who remain in indefinite detention — facing no charges but still awaiting clearance for release.

    That’s despite the fact that the U.S. government realized within a day of taking him into custody in 2002 that he was not the man they thought they had captured, noted Taylor of Reprieve. Ahmed’s name appears multiple times in the U.S. Senate Intelligence Committee Report on Torture, which details how he was subjected to “forced standing, attention grasps and cold temperatures.” The report does not mention how he was left hanging from his wrists for hours, causing his shoulders to dislocate — a torture technique described during the Spanish Inquisition as “strappado.” At Guantánamo, Ahmed has been engaging in hunger strikes for years, and he has been forcibly fed by prison officials.

    “It’s absurd, but so sinister, so terrible, what was done to him,” Taylor said. “I can’t give you an explanation for why he’s being held. It is complete nonsense. … There is no reason for Ahmed to ever have been held and to be held now.”

    Jawad Rabbani first spoke to his father when he was 7 or 8, after someone working for the Red Cross facilitated a phone call. “He told me he’s in jail, and I asked him, ‘Why? Bad guys are supposed to be in jail,’” the younger Rabbani recalled. “He laughed and didn’t answer me.”

    At first, Jawad had a difficult time trying to build a relationship with his father. In one of their early conversations, he recalled, his father had asked him to recite a poem. “I think he expected something religious,” he said. Instead, Jawad sang “Twinkle Twinkle Little Star,” in English. His father laughed but seemed disappointed.

    Sometimes, his father would grow impatient with him — frustrated that his son didn’t show greater interest in religion, leave the house much, or talk to his relatives. “I told him I don’t like to leave my comfort area,” Jawad recalls. “He wasn’t happy with me.” As he grew older, Jawad continued to speak with his father every few months. The tensions he felt early on have eased up in recent years. It often takes a while to break the ice on their calls, he says, which start with small talk and awkward silences. “By the time you start enjoying the conversation, the time is up.”

    His father also used to send him drawings he made at Guantánamo. In one, a pair of cuffed hands held Jawad’s name. The image was “sad and dark,” Jawad says. “Honestly, I think that painting put me in a depression.”

    The rest of the family also struggled. Jawad’s grandfather died kneeling on a prayer mat, heartbroken over his son’s fate. His mother, who had been a teenager and married to his father for less than two months when he was arrested, worked hard to provide for Jawad materially but struggled to give him the answers he needed. “She has been through a lot, I don’t know how she managed it,” he said of his mother. “But I didn’t have much of a childhood that I could remember, any memories to be nostalgic about. I never think about my childhood, I don’t have anything to look back to.”

    Rabbani_ICRC

    A photograph of Ahmed Rabbani taken at the Guantánamo Bay prison.

    Photo: Courtesy of Jawad Rabbani

    Jawad searched the internet for details about what the U.S. government thought his father might have done, but he found that the information was “classified.” He collects all the articles that his father has written from Guantánamo by dictating them to his attorney over the phone. As the years passed, he began to fixate less on the mechanics of torture and more on the resilience and strength that it must have taken his father to survive it.

    “How is he alive after almost 20 years of this? After all this torture and insults?” he asks. “I can’t imagine how he got through this all these years, without family.”

    He still hopes to see him one day, he said, and to show him how he learned to take care of himself. He thinks that when that day comes, it will take time to build a connection after a lifetime apart, but he likes to picture himself with his father, “sitting in a garden, talking about things, like a father and son.”

    “Just imagine what life would be for your family without your father. Just imagine what it would be like if your father was at Guantánamo,” he said. “How could they ruin 20 years of someone’s life?”

    The post Their Fathers Were Caught in the 9/11 Dragnet. Guantánamo Came to Define Their Lives. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • I was driving home from a militia muster in the Virginia mountains last summer — after another day immersed in preelection talk of civil war — when I found myself reflecting, as I often have in the year since, on Norman Mailer’s “The Armies of the Night.”

    The book is about the 1967 anti-war protest at the Pentagon and, more broadly, the factionalizing unrest of that period and how Vietnam fueled it. It also explores how the quiet or mostly quiet acquiescence to horrors abroad, horrors carried out by U.S. troops in the name of an entire democratic nation, degrades a society. At one point, the narrator imagines himself encountering “Grandmother, the church-goer, orange hair burning bright” at a slot machine in Las Vegas. “Madame, we are burning children in Vietnam,” he tells her. “Boy, you just go get yourself lost,” she replies. “Grandma’s about ready for a kiss from the jackpot.”

    The book turns its lens on the left as well, even on the anti-war protesters marching on the Pentagon. In its violent climax, as soldiers bludgeon young demonstrators in the night, Mailer cites an account that appeared afterward in the Washington Free Press, a newspaper founded by campus radicals. It was by Thorne Dreyer, then 22, who went on to a prolific career as a writer and activist. As the beatings commenced, Dreyer wrote, “I began to resent the ‘super-militants’ who created so much pressure to stay. Because that was nothing but goddamn bourgeois politics. … People have to come to terms with what violence means. It’s not something to groove on and cleanse your soul with.”

    I see a desire for violence as catharsis in many protesters on the left and right today and in the people cheering them on from their living rooms. It’s an effect, I think, of the two full decades of war that Americans will mark on this year’s September 11 anniversary, with the drone strikes and commando raids of the so-called war on terror carrying on in the background even as American soldiers leave Afghanistan and end their combat mission in Iraq. War, especially interminable war, does this to a nation. It makes people want to claim the sanctity of combat for themselves and to inject the stakes of conflict into their lives. The protesters at the Pentagon were there to stand against the violence of Vietnam, but some of them wanted a piece of that violence for themselves. They were jealous of the soldiers in that way; the war had infected them too. The difference with the post-9/11 wars is that there’s no draft and there have been no corresponding liberal armies in the streets, at least not any focused on the nation’s foreign conflicts. People crave the trappings of war more as they understand it less, and these modern wars, to a degree that would probably shock the people of Mailer’s generation, have been absent from our collective political consciousness.

    At the same time, all of us still know, in some perhaps unacknowledged part of our minds, that we each own a piece of the sublime suffering that has unfolded for 20 years on the frontiers of the American empire, the incinerated children and demolished cities, the service members coming home to die by suicide. Even those who never served have been grooving on the violence of the war on terror for years as armchair militants. Many Americans, like me, have never known adult life without it, growing up against the backdrop of terrorist threats, removing shoes at airports, invasion, occupation, Guantánamo Bay — stakes we understand to be so terrible that the only answers are drone bombs, surveillance, civilian casualties. We’ve learned to put our morals on hold and ask forgiveness later as we assent to whatever it takes to extinguish the threat. We’ve become accustomed to labeling people as insurgents and terrorists, too, and to all the moral permissiveness these terms imply, moving us well beyond the orange-haired grandmother’s passive assent.

    And inevitably, it has all bent back on us. These wars have seeped into our lives and discourse in ways that color how we see not only the wider world but also our neighbors — Muslims at first, then our political opponents. They’ve made Americans more war-like, opening our minds to ideas like collateral damage and unbounded conflict that are now taking hold in our politics.

    Enemies Foreign and Domestic

    I write about right-wing militancy and speak often with Americans engaged in it. In the year leading up to the January 6 riot at the U.S. Capitol, as I sat in on preelection organizing sessions and talked for hours with those preparing for political violence, I noted the ways that the forever wars had turned inward. Americans were so used to considering themselves at war with enemies they didn’t understand — and to a constant agitation at the hum of perennial conflict — that they were turning on one another. When a country is at war for so long, moral boundaries gradually fall away. The forbidden becomes permissible, first overseas and then at home. The idea of collateral damage is one example: In the war on terror, we’ve decided, the deaths of innocents are allowed and even justified, so long as they help us feel safe. Another is unbounded conflict: the idea that anyone, anywhere can be a target, that the battle is everywhere, all the time. First the war expanded, under President George W. Bush, to the foreign suspects detained and tortured far from Iraq and Afghanistan. Then it kept stretching: to Anwar al-Awlaki, a U.S. citizen killed in Yemen under President Barack Obama, along with his 16-year-old American son, and to anyone killed in the drone strikes or secret commando raids in the many countries the war on terror has touched. A third concept is the ability to label broad swaths of people as insurgents and terrorists and the freedom this gives you to demean, monitor, imprison, and attack them.

    These three ideas came together at a Veterans of Foreign Wars hall near Nashville, Tennessee, one evening last July. I was sitting in a windowless banquet room with a few dozen people who’d responded to a call from the Oath Keepers, a prominent militant group known for recruiting soldiers and police. As we waited for the meeting to begin, an Iraq War veteran about my age began telling me about street battles and running convoys down Iraq’s deadly highways. Then he started talking about how sometimes in Iraq, American soldiers had to kill children. A kid might emerge from an alley strapped with a bomb, and there’d be nothing to do but shoot to save yourself. Someone else chimed in: “I’d prefer that to the alternative of being splattered against the wall.” To which my conversation partner had a two-word reply: “Pink mist.”

    When a country is at war for so long, moral boundaries gradually fall away. The forbidden becomes permissible, first overseas and then at home.

    The meeting’s organizer arrived: Stewart Rhodes, the Oath Keepers leader. He stood before the crowd and began to rile them about the threat of a stolen election and how it was connected to the protests and violence in the streets. He was calling the protesters insurgents and domestic terrorists. He said that soon antifa would be using IEDs, or improvised explosive devices. It was jarring how precisely the speech mirrored the conversation I’d just been having, how seamlessly the old conflicts overseas could blend into the new one at home. “Us old vets and younger ones,” Rhodes finally said, “are going to end up having to kill these young kids.”

    It can feel at times that the forever wars are, for many on the militant right, a prelude to the battle they think they’re waging now in their own country. Like Rhodes, they paint elements of the left as insurgents and domestic terrorists and talk about how war at home might be brutal but necessary, a step along the way to making peace with civilian suffering. The veterans among them obsess over the oath they swore to protect the Constitution “against all enemies, foreign and domestic” — and to them, foreign and domestic enemies have become one and the same. The left, in their minds, combines all the threats they fear most: Black Lives Matter, antifa, Marxists, undocumented immigrants, radical Muslims. But it’s not only people involved with militant groups who speak this way; calling leftists insurgents and domestic terrorists is widespread on the American right. Following the Capitol attack, meanwhile, some liberals are deploying the same terms against conservatives.

    A country crosses a threshold once it divides into two sides — Alawite and Sunni, pro-Russia and pro-Ukraine — that cast one another as terrorists. That’s not to say we’ll end up where Syria or Ukraine did, but the forever wars have at least helped condition many Americans to start thinking that way. I recently spoke with a left-leaning officer in the National Guard who’s worried that the unit he leads might be ordered to respond to civil unrest one day. He recounted how, back in his cadet training, he’d paused at the part about defending the Constitution against domestic enemies. “I raised my hand at the time,” he said, “and asked, ‘What is an enemy in the domestic context, and who’s going to tell me what that is?’” Fast forward two tours in Afghanistan and years of escalating division in the United States. “I thought about this a lot last summer, if my company was sent to go and deal with a civil disturbance, and I was told that I needed to go and clear an area of BLM protesters, or they’re describing antifa as an enemy combatant,” he told me. “I would not be able to follow those orders.”

    I asked if he’d follow orders to clear a right-wing protest, and he paused. “I’d definitely be more willing,” he said. Would he consider treating any right-wing groups as enemy combatants? “That’s such a gray area,” he replied.

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    Illustration: Clay Rodery for The Intercept

    When Cops and Soldiers Choose Sides

    There’s a book by the journalist Sebastian Junger that I sometimes hear former soldiers reference, called “Tribe.” It asks what draws Americans to fight in these foreign conflicts and why they miss the wars when they’re back at home. Junger lands on the idea that there are pieces missing from American society — cohesion, a sense of purpose — that come naturally in extreme situations like war. So the troops are running from something and toward something at once. This is likely true, and I’ve experienced it myself, but we should also understand that our problems at home are rooted, in no small part, in the same wars to which these soldiers have been fleeing. The irony of the book’s title, in this age of tribal politics, is not lost on Junger; the book is also an attempt to diagnose the causes of America’s division. “Modern society,” he writes, “has perfected the art of making people not feel necessary.”

    Junger is one of those war correspondents who defines himself by conflict, wrapping the danger around himself like a photographer’s scarf, which is another way of grooving on violence, and I resent this in part because I worry that it afflicts me too. “Tribe” contains a perfect anecdote that acknowledges the fundamental obscenity of any journalism or art or self-styling built on the backs of people who are suffering. Junger was giving a talk about war one day when “a very agitated man stood up and started screaming that he was a Vietnam vet,” he recalls, “and I didn’t understand the first thing about war — it was all obscene, down to its smallest detail. Then he stormed out.”

    Junger describes the veteran as someone “clearly in need of some way to vent,” but there is a refreshing simplicity in the truth the man has revealed. I find, often, that he has become part of my internal monologue regarding any representation of war, including in my own work, that portrays it as having something to do with valor or heroism or saving Private Ryan or bands of brothers — obscene! — or as being anything, really, other than senseless, abject suffering. Obscene, obscene, obscene. War might be necessary sometimes, but it is also dead children, and nothing else. And so it was that I became preoccupied with right-wing militancy. In October 2016, after spending a day documenting mass graves in Iraq, I returned to my hotel, turned on my laptop, and searched for news about the American election. I saw a tweet by a former U.S. representative who vowed to grab his “musket” if Hillary Clinton won, then read a story about a self-styled militia whose members said they were training for a potential fight if she became president. I began to notice more and more of this sort of talk, and the idea that Americans could be threatening civil violence at home — obscene! — sent me down a rabbit hole that only deepened when I returned to Trump-era America after a long stint abroad.

    Too many Americans can’t appreciate their own good fortune at living in a country that — however many and real its problems — is not at war within its borders.

    The difference with Iraq, of course, is that there is no war in America, and most of the people threatening war have never experienced one. What makes this obscenity even more pronounced is that there are people all around the world trapped in real wars who’d give anything to escape them. Too many Americans can’t appreciate their own good fortune at living in a country that — however many and real its problems — is not at war within its borders and can’t see how different that reality would be from whatever they’re imagining as they sink ever deeper into their tablets and phones. My concern is with whether we’re moving any closer to that nightmare. Even if it remains distant, any step in that direction is unacceptable to me.

    Typically, the standard for journalism about right-wing militant groups has been for the reporter to “embed” with them by visiting a shooting range or attending a scenario-based civil war training. But the real story is in sitting with them in their quiet places as they’re stewing, conspiring, daydreaming — while also noting all the ways they’re otherwise leading normal American lives. The dramatic tension comes in trying to discern when we’ve crossed from their headspace into reality, like in the HBO drama “Mr. Robot.” In that show, a 20-something hacker with anti-capitalist leanings interacts with a figment of his imagination, his dead father, who appears as he did in the protagonist’s childhood, an avatar of a more innocent time. Their conversations drive the hacker to destructive acts that channel the currently cross-partisan impulse to just burn it all down. Dreaming of the revolution is low-stakes until it isn’t. In the same speech in which Rhodes, the Oath Keepers leader, talked about antifa using IEDs, he encouraged people to form local militias to protect their towns and counties, saying they could be just like America’s founders. A month later, Kyle Rittenhouse shot and killed two people while patrolling at a protest in Kenosha, Wisconsin.

    Look closely at America’s unraveling and you can see the zero-sum mentality that has been socialized through the war on terror for two decades. If the people on the other side are terrorists, insurgents, and extremists, then the sins of your own side can almost always be rationalized. Rhodes called Rittenhouse a “hero” and a “patriot,” which perhaps was to be expected. More alarming is the rush by more mainstream conservative figures to champion Rittenhouse as a cause, as well as the revelations from a data breach earlier this year that at least one police officer has donated to his legal defense and several more to a fund for the officer whose shooting of a Black man sparked the protests that brought Rittenhouse to Kenosha in the first place. One telling image of today’s America was briefly on display this spring when police in Minnesota raised a “Thin Blue Line” flag during protests over the killing of another Black man, Daunte Wright, with Derek Chauvin on trial 10 miles away. Rhodes and the Oath Keepers have lately become the subject of FBI investigations into January 6, but their years of focus on bringing people from the police and military communities into right-wing militancy may have a more lasting effect than whatever they did at the Capitol. Rhodes, a veteran himself, never deployed overseas but understands that any real civil conflict is defined early on when members of the security forces pick sides.

    Zero-Sum Game

    Many liberals have a zero-sum mentality of their own that exacerbates the problem of American militancy and also causes them to misapprehend it. If I told one of my neighbors in the deep-blue suburb where I spent the last few years that there are cops among the militias, they’d say, Of course. Cops are racists and fascists. They also don’t know any cops. They don’t think about what a police officer represents to many people: an upstanding citizen with a desirable, admirable job, endowed with public trust and responsibility or, at the very least, a bulwark against chaos.

    I recently visited a woman in a neighborhood in rural Vermont where a politically mixed group of families have taken up arms, literally, against a man who opened a firearms training facility next door and then began hosting a local militia and threatening people who complained. She has fought back with town board petitions, local organizing, and stare-downs with strangers as they drive past her house. Adding to her fears, she’d heard that a handful of police also trained at the facility in its early days, which made her wonder if it had backers among local law enforcement. She’s a National Rifle Association member who flies a “Don’t Tread on Me” flag and considers herself a supporter of police; even her left-leaning neighbors are the kind of people who’d donate to a Police Benevolent Association fundraiser. So think of it again from the woman’s perspective: What would it mean for police to be sympathetic to militant groups, and where would it leave you in trying to convince your friends and neighbors that the militants were the bad guys?

    “All of my firearms were loaded, and I had Molotov bottles made up. Had the Capitol fallen, my Trump-supporting neighbors were dead meat. I took an oath too, in fact, I took a couple of them. You can let the right-wing know about this.”

    She showed me the body armor and weapons she has positioned against her bedroom windows. How much of the threat is real and how much in her mind? That’s a question for many Americans these days, and hypervigilance is one of the ways the war on terror has helped break society down. I get messages from people around the country who tell me they’re worried about those around them. “I have neighbors down here in Tennessee who have been drooling at the mouth to see a bloodbath,” one woman wrote. “I believe our right-running brothers feel destitute and powerless. No place at the Democratic or Republican tables where the wealth and power are passed around. Nobody needs them anymore, and that’s about as sad as it gets. I weep for them, but they are definitely leaning toward what the Bible calls bloodlust.” Someone else sent posts an old high school friend had put on Facebook and asked if he should report him to authorities. A man in the Midwest wanted to know if there were Oath Keepers among his local police because he believed that they were harassing him. “A number of people from this area … went to the January 6th rally,” he wrote. “Several hardcore Q-Anon types hang with law enforcement and they are also hardcore Trump supporters.” A former corrections officer and soldier in his 60s described his reaction to watching the Capitol riot unfold on CNN. “All of my firearms were loaded, and I had Molotov bottles made up,” he wrote. “Had the Capitol fallen, my Trump-supporting neighbors were dead meat since there would no longer be ‘Law & Order’ or a nation. … Deadly serious, and I’m not alone either. I took an oath too, in fact, I took a couple of them. You can let the right-wing know about this.”

    Since January 6, meanwhile, our perennial hunt for terrorists has moved closer than ever to mainstream politics. Another left-leaning officer, this one in the U.S. military reserve, told me the term definitely applies to the people who stormed the Capitol. “They were attempting to use force and intimidation in this case to literally affect a political outcome,” he said. He has attended social justice protests and is sympathetic to antifa; I asked if applying the “terrorist” label to people involved in the Capitol riot could help conservatives deploy it more effectively against left-wing protesters. Did he see anything wrong with so many Americans reverting so often to this word and its expansive meaning? “Right there is part of the problem,” he said. “Even if it fits in one instance, it sets things up with equivalency. The problem is, I struggle with what is a better term.”

    We discussed his fears that right-wing militants could launch an insurgency one day, which he considered a “minority of possible outcomes,” but one worth considering. He walked me through his analysis of how it might start. “It doesn’t take a lot of people to shut down some major pieces of infrastructure and cause incredible problems, and it only takes one relatively small group of extremists to recognize that and to act on it and to be smart enough to mostly keep their mouths shut,” he said. “And then the question is, do they portray themselves sympathetically? Does government action and direct action rally people back to [the insurgents’] side, and how do political leaders on the right react? Where [else in America] does this trigger more small insurgencies and copycat-type events?”

    His understanding of insurgencies came mainly from his time in the military, he said, and study of COIN, or counterinsurgency doctrine. I asked if 20 years of war overseas had made domestic insurgency more likely. “I would definitely say so,” he said, “and it doesn’t even have to be a vet. It can also be just somebody who’s paid attention to the forever wars.” Could it have affected him, too, and the rest of society? “You could look at some of this, especially the extreme distrust of Muslim Americans and Arab Americans in the wake of 9/11, and just the belief that there could be a terrorist next door, as kind of the beginning,” he said. “And the fear of Islamic terrorism morphed slowly into this idea that, ‘Oh, well, there’s other groups. They don’t have to be Muslim. They can be other things at home, you know, like BLM or antifa.’ I definitely think that’s something that both sides of the political spectrum have the capacity for, and maybe that is just the effect of a shared trauma and shared fear.”

    giglio-the-intercept-embed2

    Illustration: Clay Rodery for The Intercept

    Politics By Other Means

    There’s no equivalency between the left and right at the moment when it comes to militancy. Its prevalence among conservatives is the result of a transformation many years in the making that has involved a fundamental revision of right-wing politics. You could even call it radicalization. But it’s too convenient for liberals to slap conservatives with comparisons to extremism overseas — and naïve to pretend we can all be as detached from the problem as that.

    In 2018, when I’d moved back to the United States after six years covering conflict in the Middle East and elsewhere, I had dinner in Washington, D.C., with Rasha Al Aqeedi, a writer and analyst from the Iraqi city of Mosul. I’d been there over the previous years, she’d moved to the States, and we were meeting for the first time. I was telling her that I wanted to start covering militancy at home and that I worried about reactionary politics reaching into my own circles. I explained that people close to me were diehard Trump supporters and the last time I’d spoken to one of them, a teenage boy, he’d been talking about sexuality and gender roles, with his innocent young face, in a way that reminded me of one of those backward, vaguely hostile old-timers I’d drink with after rugby games at college in North Carolina. “Oh, my god,” she said, her eyes lighting up with recognition. “You’re a Sunni!”

    She meant that Sunni Islam — which counts her as both a member and a political refugee — is the dominant branch of the religion, but many of its adherents, like many white conservatives in America, act like a threatened minority and seem forever prone to radicalization because of it. The Islamic State and Al Qaeda are Sunni. The overwhelming majority of Sunnis are normal people, obviously, but it was always eerie, overseas, to see the way the scale could slide from the right of center to the extreme and how the extreme could win broader sympathy if it grounded its attacks and rhetoric in the politics of Sunni grievance. Those from less radical segments of society were often inclined to dismiss the threat from extremists because of their familiarity: We know them and can manage them; their hearts are in the right places; they have only gone astray.

    We can acknowledge these echoes, but it’s misleading to linger on them for too long. A fuller, more honest accounting of our unraveling would turn the flashlight in the other direction and see where else this tunnel leads. I also have the sort of background that dominates our political, cultural, and media establishments, with the trappings of elite institutions and international, multicultural experiences that signify the new kind of success and entitlement that are meant to be overtaking the old. From my perch in a blue neighborhood of a major city, I could see how liberals can exacerbate the national conflict with their own narrow views and echo chamber politics. Many of them tend to justify and dismiss violence when it’s more ideologically familiar and shares their political goals. They can engage in their own versions of tribalism and dehumanizing speech that, through the funhouse mirrors of social media and hyperpartisanship, transform them into the very villains the right sees coming for them.

    I was talking with a militant-minded U.S. Army reservist who lives in Minnesota about how the wars I witnessed overseas didn’t just happen overnight. The conflict gathers force in places you think don’t affect you while you more or less go about your life, until it finally explodes in your backyard. I had in mind how, over the last year, I’ve seen militant groups carving out influence in conservative strongholds while many liberals feel safely ensconced in their progressive neighborhoods. I was surprised by how vehemently he agreed with me — only he saw it coming the other way. “This is what gets all of us very nervous. This is why people like me prepare,” he said. “First you see it in Minneapolis. Then you see it in St. Paul. And then Portland. And everyone says, that’s just in these big cities. No, man. Once they run out of places to burn, do you think that because your house is not in Minneapolis, it’s any less susceptible? We need to understand that it’s like a rolling wave. It can go from these cities down into the suburbs and the country, and if you want to live in your own little bubble, you’re just going to be caught by surprise.”

    Comfortably Numb

    I’d push a stroller past “Hate Has No Home Here” and Anthony Fauci signs and other symbols of a nation obsessed by myriad issues, many of them urgent and worthy of concern, except for one. And I’d think about the toys and children’s clothes I’ve paused over in the wreckage of U.S. airstrikes, the father searching for the pieces of his wife and daughters who kept repeating, “Everything happened before my eyes.” I used to have conversations in the Middle East with people who’d unload about the suffering they believed America had inflicted there and then say, graciously, that they only hated the U.S. government, not the American people, that they knew there was a difference. I’d respond that there isn’t — every citizen is accountable for a democratic government’s sins.

    Every citizen is accountable for a democratic government’s sins.

    The war in Vietnam shared the same senselessness as the forever wars, the same drag-on effect, the same notion of the crumbling, unseen edges of American empire. One difference is that now we’ve become accustomed to the wars, the suffering, all of it. “It’s just been continuing in the background, like someone turned a TV set on, and all that brutality — we just became numb to it,” Thorne Dreyer, the writer whose report on the Pentagon protest Mailer quoted in his book, told me when I called him recently. “It’s given us a sense that war is inevitable, you know? That there is this endless war, that it’s always going to be there, and that we’re kind of powerless to do anything about it. And it desensitized us [to it]. It’s kind of rubbed off on our society, that it’s just war, it’s just fighting, but there’s no logical reason for it. And there’s no way to win.”

    And so the wars have come home. What’s so dangerous about our current political battles, in fact, is how internalized they’ve become. They’ve moved beyond politics. Concepts like terrorism and unbounded conflict helped make this happen. So did the impulse, which has now spanned four administrations and two decades, not to regard the burning child, as Mailer portrayed it — to ignore our collective responsibility for the suffering. Because of this, we risk becoming a nation that is forever at war, and we don’t need to imagine future scenarios of civil conflict to understand what this might look like. It’s enough to mark how much we’ve already changed.

    The post The Forever Wars Are Coming Home appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Army General David Petraeus on Capitol Hill in Washington, Wednesday, April 25, 2007 after meeting with members of Congress about the latest on the war in Iraq.  (AP Photo/Lawrence Jackson)

    Army Gen. David Petraeus is seen on Capitol Hill in Washington, D.C., on April 25, 2007.

    Photo: Lawrence Jackson/AP

    Pretty much every day since 9/11, the U.S. military has disciplined soldiers who failed to do their jobs properly. They have been punished for minor offenses, like being late for duty, and for serious crimes, such as murder or assault. Since 2001, there have been more than 1.3 million cases of discipline in the armed forces, according to the Pentagon’s annual reports on military justice.

    But the generals who misled Congress and the American public about the wars in Afghanistan and Iraq have not needed to worry about negative consequences for their careers. After 20 years of conducting a disinformation campaign about what was really happening on the ground, not a single U.S. general has faced any punishment. The reverse happened — they were praised for their deceptively upbeat assessments and given more stars, and when they retired with generous military pensions, they landed high-paying jobs on corporate boards, further profiting from their disingenuousness.

    This disconnect is getting new scrutiny after the collapse of the American campaign in Afghanistan. Last month, a Marine officer posted a video in which he scorched the country’s generals for the chaos of the evacuations from Kabul. His video went viral, especially on right-wing platforms that prefer to focus only on the war’s final act under President Joe Biden. But Lt. Col. Stuart Scheller’s video — which elicited a rapid reaction from the military’s machinery of discipline, with Scheller being relieved of his command in hours — has stirred up a deeper critique of America’s generals.

    “Four-star general officers are treated with great respect in the U.S. military — akin to modern day viceroys,” wrote Andrew Milburn, a retired colonel, in an article in Marine Corps Times last week. “Their exalted position shouldn’t ­permit them to execute without ­question an interminable and costly war to no end. Or, worse, to offer ­continuous assurance that the war was going well when it wasn’t. … Despite two wars that have seen their shares of disasters — not a single general officer has been relieved of his duties for incompetence.”

    In Afghanistan and Iraq, several hundred thousand civilians and combatants have perished (including more than 7,000 American soldiers), millions of people have become refugees, and trillions of dollars have been wasted. Politicians were responsible for this, pundits were responsible, and so-called experts from think tanks were responsible too. But the generals were closest to these wars and most aware, or should have been, of what was happening. Few were closer or profited more than two in particular: Gen. Lloyd Austin, who is now secretary of defense, and Gen. David Petraeus, one of the most lauded military figures of the past 20 years.

    WASHINGTON, DC - OCTOBER 17:  Commander of U.S. Central Command, Gen. Lloyd Austin II, prepares to hold a media briefing on Operation Inherent Resolve, the international military effort against ISIS on October 17, 2014 at the Pentagon in Washington, D.C.  The general expressed concern that the Syrian city of Kobani could fall to ISIS militants.  (Photo by Allison Shelley/Getty Images)

    Gen. Lloyd Austin prepares to hold a media briefing on Operation Inherent Resolve, the international military effort against the Islamic State, on Oct. 17, 2014, at the Pentagon in Washington, D.C.

    Photo: Allison Shelley/Getty Images

    A Meeting in Baghdad

    Back in 2003, Austin strode into a meeting at Baghdad’s oil refinery and demonstrated how the U.S. military was well on its way to catastrophe in the forever wars.

    At the time, Austin was the assistant commander of the 3rd Infantry Division, the backbone of the U.S. invasion of Iraq. A month earlier, U.S. forces had seized the Iraqi capital, which quickly descended into chaos. Austin was meeting on May 12 with the director of the Daura refinery, which was the target of nightly waves of looters trying to steal whatever they could — gasoline, cars, cash, office furniture.

    Dathar Khashab, the refinery director, had one item on his agenda.

    “The problem is security,” he told Austin. “The most irrational things are happening in Baghdad. Yesterday I lost one of my pickups.”

    Austin did not want to hear that the occupation was wobbling. He blamed looting on criminals released from prison by ousted Iraqi leader Saddam Hussein, even though the looting was being done by pretty much anyone with a wheelbarrow or AK-47. He said things were improving every day, which they were not.

    “We never promised to get rid of all crime in a city of 6 million, but we’re getting our hands around it,” he said. “We’re setting up new police, and we’re doing it quickly.”

    Khashab, dressed in work overalls, was having none of it.

    “Things are getting worse, not better,” he replied. “Continuous theft is still here.”

    Since 9/11, U.S. generals have consistently failed to see what was happening before their eyes, or they knew what was happening and lied about it. The conversation at the Daura refinery was an early look at this syndrome. There was little doubt to anyone with a clear mind that Baghdad, at that moment, was getting more dangerous. Austin insisted on his own reality.

    “You compare the crime statistics today, after a war, to any major city in the world — the crime you have here is less,” Austin said. “There is a perception that crime is rampant. It is not.”

    Khashab, whom I had been shadowing for a magazine article, was about to explode.

    “But the Iraqi people in Baghdad are comparing the crime now to what they had two months ago!”

    Austin was now visibly irritated.

    “What you had two months ago was a brutal dictator who killed thousands of people,” he shot back.

    “Yes,” Khashab replied, “but we did not have people stealing cars and robbing houses.”

    The meeting came to a cold end. After Austin left, Khashab started talking about setting up booby traps to ward off the looters.

    A few years after the invasion, Austin returned to Iraq as the commander of U.S. forces there, and later he took charge of Central Command, the headquarters for military operations in the Middle East and Afghanistan. His charmed path became even more charmed after he retired from the military. In addition to drawing a monthly pension of about $15,000, Austin joined several corporate boards, including the board of directors of United Technologies Corporation, the military contractor that merged with Raytheon in 2020, from which he has received more than $1.5 million, and advisory boards at Booz Allen Hamilton and a private equity firm called Pine Island Capital Partners. Biden’s secretary of defense owns a $2.6 million mansion in the Washington, D.C., area with seven bedrooms, a five-car garage, two kitchens, and a pool house.

    Fatal Errors

    In congressional testimony, in media interviews, and in speeches to their troops, Austin and the other generals who oversaw the 9/11 wars did the opposite of telling the truth.

    “The Afghan forces are better than we thought they were,” Marine Gen. John Allen told Congress in 2012, when he was commanding U.S. and NATO forces in Afghanistan. “This has been dramatic progress.”

    Allen’s successor, Gen. Joseph Dunford Jr., was just as bullish.

    “I talk a lot about winning these days, and I firmly believe that we’re on a path to win,” he said in Kabul in 2013.

    In the same ceremony, Dunford’s deputy voiced similar optimism.

    “You will win this war, and we will be there with you every step of the way,” said Gen. Mark Milley, who is now the chair of the Joint Chiefs of Staff.

    Austin, when he took his turn atop Central Command, parroted the happy talk of his predecessors. In Senate testimony in 2016, he said the Afghan military was fending off the Taliban and getting “stronger and more capable.” He added, “Afghanistan remains a worthwhile and strategically necessary investment.”

    It’s crucial to understand what the generals were not saying. Austin, for instance, congratulated the Afghan military for having “retaken and reestablished security in key areas, such as Kunduz.” He did not mention that the battle for Kunduz involved a U.S. aircraft attacking a hospital and killing 42 civilians — doctors, nurses, patients. It was the kind of civilian slaughter that typified U.S. and Afghan military operations, and that doomed the war. Austin and an entire generation of generals did their best to avoid mentioning these inconvenient details, denying them unless they were confronted with irrefutable evidence, and then doing little in the aftermath to prevent these atrocities from reoccurring.

    It would be dismal enough if the generals believed their own optimism, but they didn’t, as journalist Craig Whitlock’s new book, “The Afghanistan Papers,” explains. Based on secret interviews the government conducted with officers and civilians who served in Afghanistan, Whitlock’s book offers overwhelming evidence that military leaders knew the war was failing and lied about it. The book cites an Army colonel, Bob Crowley, as saying that “every data point was altered to present the best picture possible.” Whitlock described the military’s upbeat assessments as “unwarranted and baseless,” adding that they “amounted to a disinformation campaign.”

    A wounded staff member of Doctors Without Borders (MSF), (L), survivor of the US airstrikes on the MSF Hospital in Kunduz, receives treatment at the Italian aid organization, Emergency's hospital in Kabul on October 6, 2015.    Afghan forces called in a US air strike on a Kunduz hospital that killed 22 people, the top American commander in Afghanistan said October 5, 2015, after medical charity MSF branded the incident a war crime.  AFP PHOTO / Wakil Kohsar        (Photo credit should read WAKIL KOHSAR/AFP via Getty Images)

    A wounded staff member of Doctors Without Borders, a survivor of U.S. airstrikes on the organization’s hospital in Kunduz, receives treatment in Kabul on Oct. 6, 2015.

    Photo: Wakil Kohsar/AFP via Getty Images

    Failures and Lies

    Unlike their counterparts in the worlds of politics or journalism, members of the armed forces belong to an institution that claims to aggressively regulate itself with an internal justice system that punishes troops who violate its code of conduct. Thousands of officers and enlisted troops are court-martialed every year; some are incarcerated in military prisons, and tens of thousands face lesser punishments, such as reductions in rank and other-than-honorable discharges. A review by The Intercept of the Pentagon’s annual reports on military justice, going back to 2001, shows more than 1.3 million cases of nonjudicial punishment and courts martial. While a handful of top military officers have been punished for bribe-taking and other offenses in recent years, there has not been a whisper of the possibility of holding combat generals to account for the carnage they perpetuated.

    “An officer who misrepresented, misled, and lied to Congress, under the standards of the Uniform Code of Military Justice, has committed a crime,” noted Paul Yingling, a retired Army officer and author of a widely read article on generals evading responsibility. “Captains and sergeants face consequences all the time if they lie or otherwise engage in dishonorable conduct. All I would ask is that we apply the same standards to the conduct of war that we apply to falsifying travel documents.”

    Yingling’s 2007 article was titled “A Failure of Generalship” and included a now-famous line: “As matters stand now, a private who loses a rifle suffers far greater consequences than a general who loses a war.” A few years later, a similar critique came from Lt. Col. Daniel Davis, whose article in Armed Forces Journal, headlined “Purge the Generals,” suggested that “a substantial chunk” of military leaders should be fired. In 2012, the journalist Thomas Ricks, who had spent much of his life covering and studying the U.S. military, wrote a slashing article that described the history of American generals after 9/11 as “a tale of ineptitude exacerbated by a wholesale lack of accountability.” Ricks went on: “Ironically, our generals have grown worse as they have been lionized more and more by a society now reflexively deferential to the military.”

    Whitlock’s book pointed to one reason the generals failed: cowardice. In one of the secret military interviews, a British general, Peter Gilchrist, who served as deputy commander of U.S. and NATO forces in the early years of the Afghanistan War, described his American counterparts cowering during meetings with then-Secretary of Defense Donald Rumsfeld. “This was a real cultural shock for me,” Gilchrist said. “You should see these guys — and they’re great men, grown up, intelligent, sensible, but like the jellies when it came to going in front of the SecDef.”

    A Narrative of Success

    It was 2005, still early in the disaster in Iraq, and the most famous general of the 9/11 era, David Petraeus, was telling me how wonderfully things were going.

    At the time, Petraeus was charged with creating new Iraqi security forces after the original Iraqi army was disbanded at the start of the U.S. occupation. The bureaucracy he presided over went by the acronym MNSTC-I — Multi-National Security Transition Command-Iraq — and was headquartered in Baghdad’s Green Zone, which was ringed by miles of blast walls, razor wire, and stop-or-die checkpoints. Petraeus had four computers on his desk, giving it the look of a currency trader’s workstation, and there was a fruit bowl atop a mahogany table. He wielded a laser pointer to highlight statistics on a PowerPoint that was titled “Commanders Brief” and projected onto a flat-screen TV for his audience of two — me and another U.S. reporter.

    The U.S. had distributed 98,000 sets of body armor to the new Iraqi forces, Petraeus said with enthusiasm, or what he wanted to be understood as enthusiasm. These Iraqi fighters had also been provided with 230 million rounds of ammunition, 100,000 Kalashnikov rifles, and 5,400 heavy machine guns. Four bases the size of Fort Drum had been established across the country, he added, with a total of 92 operational battalions of more than 40,000 troops. “People keep asking when will the Iraqis take over,” Petraeus said. “They have taken over in certain areas.”

    This was largely a fiction. The security forces in question were embryonic, generally ineffectual, and entirely dependent on not just American supplies but on American soldiers leading the fight. Petraeus was doing what pretty much every general who served in Iraq and Afghanistan would do, stringing together any data he could find that would masquerade as a narrative of success. The statistics on his PowerPoint were vintage Vietnam — find big numbers and call them victory.

    I was in Petraeus’s office to get his support for an embed with one of the handful of Iraqi forces that seemed willing to fight. They were called the Special Police Commandos, and Petraeus had dispatched one of his top advisers, Jim Steele, to work with them. I got a green light for the embed and caught rides on Blackhawks to Tikrit and then Samarra, north of Baghdad, where the Iraqi commandos were engaged in an offensive alongside U.S. forces.

    The tactics employed by these U.S.-trained commandos were violently illegal. I saw detainees beaten up, I heard a prisoner scream from torture, and I witnessed a mock execution. After it became clear that I was seeing a lot of war crimes, I was abruptly told that my embed was over — grab my backpack and get on the next chopper to anywhere. I quickly made satphone calls to as many officials as I could reach in the few minutes available before being driven off the small U.S. base where I was staying; at the last moment, I was told I could continue for a few more days.

    The cynicism of America’s most famous general emerged after the publication of my story, which had the cover headline “The Salvadorization of Iraq?” — referring to the dirty war in El Salvador in the 1980s. I expected that Petraeus would be upset, because the tactics of his Iraqi pupils were clear violations of the Geneva Conventions. Instead, a few hours after my story was posted online, Petraeus emailed me to request a correction that would state he was responsible for standing up the Special Police Commandos. He was upset that I hadn’t given him sufficient credit for creating these thugs in combat fatigues.

    In 2007, Petraeus was named the commander of U.S. forces in Iraq and became famous for implementing a strategy of counterinsurgency that he portrayed as focusing on protecting civilians and winning their hearts and minds. It was the opposite of what he was hoping to get credit for with his brutish commandos two years earlier; the contrast showed the lack of sincerity in either strategy. Yet those strategies had one thing in common: They provided a justification for keeping the war going, offering an illusion of victory on the horizon.

    “The casualty figures showed that Afghanistan was growing more unstable and insecure — the exact opposite of what the U.S. counterinsurgency strategy was supposed to accomplish.”

    Petraeus, hailed as a savior in Iraq, went on to command U.S. and NATO forces in Afghanistan from 2010 to 2011. While there, he painted a deceptively rosy picture of what was happening. As Whitlock notes in “The Afghanistan Papers,” Petraeus told Congress in 2011 that U.S. and Afghan soldiers were engaged in “precise, intelligence-driven operations” that killed or captured “some 360 targeted insurgent leaders” in a typical 90-day period and that the number of surveillance blimps and towers had increased from 114 to 184. “The past eight months have seen important but hard-fought progress,” he told the House Armed Services Committee. “Key insurgent safe havens have been taken away from the Taliban. Numerous insurgent leaders have been killed or captured.”

    But as Whitlock’s book notes, “military officers in the field knew the blizzard of numbers meant nothing.” The more important truth was that civilian casualties were rising. “The casualty figures showed that Afghanistan was growing more unstable and insecure — the exact opposite of what the U.S. counterinsurgency strategy was supposed to accomplish. U.S. intelligence assessments also cast doubt on the war’s progress. Intelligence analysts in the CIA and the military prepared reports that were far more pessimistic than the pronouncements from commanding generals in the field. But intelligence officials rarely spoke in public and their reports remained classified.”

    Public assessments from the generals were akin to a grift. In a scathing article last week, one of Petraeus’s advisers in Afghanistan, Sarah Chayes, recalled how she made a flurry of proposals for stemming corruption in the U.S.-backed government in Kabul. “None of those plans was ever implemented,” Chayes wrote. “I responded to request after request from Petraeus until I realized that he had no intention of acting on my recommendations; it was just make-work.”

    Petraeus continued to float upward. In late 2011 he was tapped by President Barack Obama to head the CIA, but in 2012 he was caught sharing highly classified information with his girlfriend and biographer. He resigned from the CIA but avoided the felony charges and lengthy prison sentences that ruined the lives of other people who leaked classified information. Instead, Petraeus landed a lucrative partnership at the private equity giant KKR. He often gives speeches to friendly audiences, and he frequently appears on cable television, where in recent days he has sharply criticized the U.S. withdrawal from Afghanistan.

    For military critics like Yingling, Petraeus should be answering hard questions from Congress, not getting softballs from TV hosts.

    “Congress has the power to subpoena witnesses and compel testimony,” Yingling told The Intercept. “They can subpoena Gen. Petraeus, compel him to testify. They can put documents before him to ask him what he knew, when he knew it. And if they don’t, that failure itself is complicity.”

    Yingling knows that his desire for an honest congressional investigation is likely a fantasy, because America’s political leaders have been co-conspirators with the generals in sustaining the bloodshed overseas. As the dust settles on 20 years of American warfare in Afghanistan, Congress is on track to approve a military budget that will be the largest ever.

    The post General Failure: How the U.S. Military Lied About the 9/11 Wars appeared first on The Intercept.

    This post was originally published on The Intercept.

  • RNZ News

    New Zealand Prime Minister Jacinda Ardern says an attack at Auckland’s New Lynn Countdown supermarket today was a terrorist attack carried out by a violent extremist.

    The prime minister and Police Commissioner Andrew Coster addressed media after the man was shot dead at a west Auckland mall this afternoon.

    It is understood six people – all shoppers at the mall – have been wounded in the incident at LynnMall in New Lynn.

    A St John Ambulance spokesperson said three patients in a critical condition and one patient in a serious condition had been taken to Auckland City Hospital; one patient in a moderate condition had been taken to Waitakere hospital; and one patient in a moderate condition had been taken to Middlemore Hospital.

    Ardern revealed the terrorist was a Sri Lankan national who had arrived in New Zealand in October 2011 and he became a person of national security interest from 2016.

    The reasons he was known to agencies was subject to suppression orders, but Ardern said it was her view that it was in the public interest to share as much information as possible.

    The prime minister did say the terrorist held a violent ideology inspired by the Islamic State, but it would be wrong to direct any frustration at anyone other than this individual.

    Personally aware
    She said she was personally aware of the terrorist before today’s attack.

    Ardern said it was a senseless attack and she was sorry it had happened.

    “What happened today was despicable. It was carried out by an individual.”

    Ardern said the individual was under constant monitoring, and he was shot and killed within 60 seconds of the attack starting.

    The police team who was monitoring shot and killed him.

    Commissioner Coster said the man had been under heavy surveillance because of concerns about his ideology.

    He had entered the store and obtained a knife from within the store before starting the attack.

    When the man approached police with the knife he was shot and killed.

    Surveillance teams ‘close’
    Coster said the surveillance teams were “as close as they possibly could be without compromising the surveillance”.

    “I acknowledge that this situation raises questions about whether police could have done more, whether police could have intervened more quickly. I’m satisfied based on the information available to me that the staff involved did not only what we expect they would do in this situation, but did it with great courage,” he said.

    “The reality is, that when you are surveilling someone on a 24/7 basis, it is not possible to be immediately next to them at all times. The staff intervened as quickly as they could and they prevented further injury in what was a terrifying situation,” Coster said.

    Ardern said all legal and surveillance power had been used to try to keep people safe from this individual.

    “What I can say is that we have utilised every legal and surveillance power available to us to try and keep people safe from this individual. Many agencies and people were involved and all were motivated by the same thing – trying to keep people safe.”

    Police at LynnMall
    Police at LynnMall today, the scene of the terrorist attack. Image: Marika Khabazi/RNZ

    Coster said there had been nothing that would tell police the extent of his intentions, or that he intended to do this today.

    He said the individual was very surveillance-conscious, and surveillance teams needed to maintain a distance to be effective.

    intervened ‘in 60 seconds’
    “There was nothing to prevent him being in the community and we were doing absolutely everything possible to monitor him and indeed the fact that we were able to intervene so quickly — in roughly 60 seconds — shows just how closely we were watching him.”

    Ardern said the local Muslim community had been “nothing but helpful and supportive. It would be wrong to direct any frustration to anyone beyond this individual. That is who is culpable, that is who is responsible — no one else”.

    She said his past behaviour and action did not reach the threshold to have him in in prison, which was why he was being constantly monitored.

    An eyewitness told RNZ she had seen a man running around armed with a knife and heard many people screaming.

    Another shopper who was in the supermarket at the time heard someone scream before shoppers started running towards the door.

    Heavily armed police and ambulances remain at the scene.

    This article is republished under a community partnership agreement with RNZ.

    This post was originally published on Asia Pacific Report.

  • The FBI’s secretive spy plane program targeted a man in Florida last year with nearly constant surveillance, logging more than 400 hours in the air with a fleet of Cessna aircraft registered to what appear to be front companies.

    This aerial surveillance, described in a filing made Monday in federal court, reveals for the first time the FBI’s enormous capacity to target a single individual inside the United States for prolonged monitoring using aircraft. The fleet of FBI planes, often small aircraft, are outfitted with high-tech video cameras and tracking devices known as “cell-site simulators” that trick mobile phones into connecting to the FBI’s device rather than to a legitimate cellphone tower.

    The revelations came in the case of Muhammed Momtaz Alazhari, an alleged supporter of the Islamic State, who federal prosecutors said was plotting a terrorist attack in the Tampa Bay area. Alazhari pleaded not guilty to one count of providing material support to terrorists and two firearms charges. The filing outlined the extraordinary aerial surveillance in a motion to suppress all evidence derived from the FBI’s activities in the air.

    Samuel Landes, a federal public defender, argued in the filing that the FBI’s aerial surveillance was an illegal, warrantless search and that information obtained from this surveillance may have been used to recruit informants and justify search warrants as well as authorize highly invasive monitoring under the Foreign Intelligence Surveillance Act.

    “The search was unreasonable because it was conducted without a warrant,” Landes wrote. “Finally, the government cannot show that any derivative evidence — whether in the form of in-person surveillance, new investigative leads, or FISA or traditional warrant searches — was not tainted by the illegal aerial surveillance.” (The FBI did not respond to a request to comment on its aerial surveillance of Alazhari or how frequently the bureau uses such persistent aerial surveillance against suspects.)

    “Getting a warrant, when you have such an intense surveillance of one individual, is a very minimal burden before going ‘Enemy of the State’ on this guy.”

    While law enforcement agencies are not required to obtain a warrant to surveil a criminal suspect using a car, the U.S. Supreme Court has ruled that any surveillance involving technology that allows police to monitor the entirety of a suspect’s movements requires a search warrant. As a result, the legal challenge in Florida could have repercussions for the FBI’s ability to use secret spy planes in future investigations.

    “Getting a warrant, when you have such an intense surveillance of one individual, is a very minimal burden before going ‘Enemy of the State‘ on this guy,” said Brett Max Kaufman, a senior staff attorney in the American Civil Liberties Union’s Center for Democracy. “This case shows the extreme lengths that the government is willing to push the argument that the Fourth Amendment doesn’t apply to bar its observation of you in public. It would be surprising if this is the only instance in which they’ve trained this kind of surveillance on one individual, so I doubt this is the last time we’ll hear about this kind of situation.”

    FBI Spy Planes

    The existence of the FBI’s spy plane program was revealed after the 2015 protests in Baltimore following the death of Freddie Gray in police custody. At the request of the Baltimore Police Department, the FBI dispatched Cessna aircraft to monitor crowds from April 29 to May 3, 2015, and a year later the FBI released that video footage to the public.

    The Associated Press and BuzzFeed News reported that the FBI’s spy plane program had been deployed nationwide and used more than 100 Cessna aircraft. Tail number registration records from the Federal Aviation Administration show that many of these aircraft were owned by what appeared to be FBI front companies, such as KQM Aviation and PXW Services. Surveillance cameras are mounted on the underside of the planes on the pilot’s side; pilots fly in a counterclockwise pattern in order to keep the camera constantly trained on targets.

    “The FBI’s aviation program is not secret,” FBI spokesperson Christopher Allen told the Associated Press in 2015. “Specific aircraft and their capabilities are protected for operational security purposes.”

    A BuzzFeed analysis of FBI spy planes, using data from the flight-tracking website Flightradar24, found that the FBI used its aerial surveillance program following the 2015 San Bernardino shooting, in which Syed Rizwan Farook and his wife Tashfeen Malik killed 14 people and wounded 22 others at a company holiday party. Two aircraft circled the scene of the shooting, BuzzFeed reported, and the following week, flight records showed that three different FBI aircraft circled the mosque Farook had attended.

    Until now, however, it has not been understood how the FBI might use its fleet of spy planes against an individual criminal suspect.

    The Tampa Case

    In May 2019, the FBI became interested in Alazhari, a Home Depot employee who was then 23 years old, after learning that he was watching ISIS propaganda and speaking favorably about the terrorist group, authorities claimed in court records. Federal agents also learned that Alazhari had been convicted in Saudi Arabia in 2015 on charges that alleged he was planning to travel to Syria to join Jaysh al-Islam, an Islamist militant group that was opposed to ISIS.

    Alazhari allegedly tried to purchase a gun on eBay in April 2020. The FBI then took over the eBay seller’s account, and an undercover agent began to communicate directly with Alazhari. Alazhari told the undercover agent that he already had several guns and discussed selling those firearms, including an Uzi, to the undercover agent. “What’s actually really cool about this Uzi, it’s, it’s really accurate. I love it, I mean, the way it shoots,” Alazhari told the agent. Alazhari also discussed buying an AK-47 from the undercover agent, which he wanted to be modified for fully automatic fire.

    The FBI’s near-constant aerial surveillance of Alazhari happened while he was communicating with the undercover agent who was pretending to be the eBay seller. From April 18, 2020, to May 12, 2020, the FBI surveilled Alazhari from the air every day except one — from two hours to as many as 20 hours per day during the period.

    The only day the FBI didn’t surveil Alazhari by air was the one during which he was receiving in-patient mental health services.

    In all, the FBI surveilled Alazhari from the air for nearly 429 hours. Some of this surveillance resulted in evidence the government has brought against Alazhari, including footage that the Justice Department claims shows him “scouting targets for a potential mass shooting attack.” Yet the FBI’s planes mostly followed Alazhari as he went about his life, following him to trips to Honeymoon Island State Park, off Florida’s west coast, and to Orlando.

    The planes also followed Alazhari during routine events — including getting mail from his mailbox, visiting his sister, and going to an urgent-care clinic — and even once when he checked himself into an in-patient mental health facility. The only day the FBI didn’t surveil Alazhari by air during this period was the one during which he was receiving in-patient mental health services.

    To keep eyes on Alazhari, the FBI used a rotation of planes, with a new plane taking off to pick up when another plane headed back to land. The planes’ cameras were able to zoom in close enough to identify people on the ground and could switch between various modes, including one that recognized heat signatures and could reveal people otherwise obstructed by trees or other objects.

    The FBI used at least nine planes to surveil Alazhari — a fact that Alazhari’s lawyer was able to determine by the file names of the FBI’s videos, which were handed over to the defense as part of discovery in the criminal case. Each of the file names included what the lawyer described as “a seemingly meaningless alphanumeric pattern.” The alphanumerical designations were the FBI planes’ tail numbers.

    FAA records show that the planes are registered to what appear to be FBI front companies, including RKT Productions, KQM Aviation, NG Research, OBR Leasing, and PSL Surveys. One of the planes used to surveil Alazhari — a Cessna 182T with the tail number N404KR — was also flown by the FBI in California in the days after the San Bernardino shooting.

    “The surveillance sounds like the ravings of a paranoid schizophrenic,” Landes, Alazhari’s lawyer, wrote in the filing challenging the legality of this warrantless aerial surveillance, explaining why the court should view the surveillance as an illegal search. “Society is therefore prepared to recognize as reasonable Mr. Alazhari’s perfectly sane expectation that he was not being constantly watched from above by the FBI.”

    The post FBI Spy Planes Monitored a Single Suspect for Nearly 429 Hours appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Opinion: When it comes to sweeping new national security powers, Australia does not have a Opposition political party.

    Time and time again over the last decade, the two major parties have been in lockstep on a series of significant, technology-focused powers handed to authorities ostensibly for national security reasons, with Labor sometimes raising concerns but waving through the new powers anyway.

    Anthony Albanese
    Labor leader Anthony Albanese.

    Often these national security-focused bills relate to handing authorities more powers over data and to crack down on technologies such as encrypted messaging.

    This has happened with metadata retention laws, anti-encryption powers and most recently last week with the broad hacking powers handed to authorities to, among other things, covertly take control of online accounts and “disrupt” data.

    Labor has shown an abject unwillingness to stand up and push even for amendments to any piece of legislation that the government says relates to national security.

    Whatever you think of the necessity and proportionately of these new powers, it’s a disservice to all Australians that we don’t get a substantial debate about these laws, and an Opposition that we can be comfortable in knowing will push back against the possibility of government over-reach.

    Just last week, two pieces of legislation – the hacking powers and one allowing spy agencies to pick up domestic data – sailed through Parliament with bipartisan support, despite concerns around their scope, necessity and the rushed process behind their introduction.

    Labor unsurprisingly supported the Identify and Disrupt bill, despite several MPs echoing the concerns of civil and digital rights and legal experts.

    And just the next day it was revealed that the national security committee, the Parliamentary Joint Committee on Intelligence and Security (PJCIS), had conducted a five-day secret inquiry into a new piece of legislation allowing spy agencies to inadvertently or unavoidably intercept communications by Australians in Australia.

    The legislation was given the green light by the committee with some slight changes, and had bipartisan support before independent MPs or the general public had even seen it.

    Again, it marked a significant expansion of the state’s powers, particularly in terms of technology, and one that warranted a real debate over the need for such powers, not a closed-door inquiry by a committee that features only members from the two major parties.

    The passing of those laws typified Parliament’s approach to any technology-focused national security laws in the last decade.

    The Coalition will propose new laws and claim they are needed to protect Australia and Australians, ranging from a crackdown on encryption to a data-sharing deal with the US.

    The government will always focus on how these powers will help to crack down on terrorists and pedophiles. Hard to argue with that. But they won’t mention that these powers will be applicable to far less significant crimes.

    If we’re lucky, the legislation will be referred to the bipartisan PJCIS for inquiry, which will hear from a range of groups concerned about the expansion of powers.

    The committee will then likely table its report including recommendations touching on the fringes of these issues, and then rubber stamp the bill. Both major parties will point to this process as Parliament working as it should.

    But even when the government doesn’t meet all the recommendations of the PJCIS – as is what happened with the Identify and Disrupt bill last week – Labor will still be too afraid to vote against the legislation or to even move amendments to meet the national security committee’s calls.

    It was one of Prime Minister Scott Morrison’s more outlandish stretching of the truth earlier this year when he claimed that two national security-related pieces of legislation did not have bipartisan support.

    Even for a Prime Minister who regularly plays hard and fast with the truth, this was particularly erroneous, with Labor of course offering unwavering support for these pieces of legislation.

    Labor will always end up supporting these types of technological encroachments, and the Coalition knows it. And it’s to the detriment of all Australians to not even have a proper Parliamentary debate on these issues.

    On the recent foreign intelligence bill, Greens Senator Lidia Thorpe labelled the process as being in “contempt of democracy”.

    It’s hard to argue with, and it’s a term that could be applied to the process behind any national security legislation in recent years.

    The post Australia has no opposition on national security issues appeared first on InnovationAus.

    This post was originally published on InnovationAus.

  • The U.S.-led global war on terror has killed nearly 1 million people globally and cost more than $8 trillion since it began two decades ago. These staggering figures come from a landmark report issued Wednesday by Brown University’s Costs of War Project, an ongoing research effort to document the economic and human impact of post-9/11 military operations.

    The report — which looks at the tolls of wars waged in Iraq, Syria, Afghanistan, Pakistan, Somalia, and other regions where the U.S. is militarily engaged — is the latest in a series published by the Costs of War Project and provides the most extensive public accounting to date of the consequences of open-ended U.S. conflicts in the Middle East, Central Asia, and Africa, referred to today as the “forever wars.”

    “It’s critical we properly account for the vast and varied consequences of the many U.S. wars and counterterror operations since 9/11, as we pause and reflect on all of the lives lost,” said the project’s co-director, Neta Crawford, in a press release accompanying the report. “Our accounting goes beyond the Pentagon’s numbers because the costs of the reaction to 9/11 have rippled through the entire budget.”

    The Costs of War Project’s latest estimates hold that 897,000 to 929,000 people have been killed during the wars.

    The staggering economic costs of the war on terror pale in comparison to the direct human impact, measured in people killed, wounded, and driven from their homes. The Costs of War Project’s latest estimates hold that 897,000 to 929,000 people have been killed during the wars. Of those killed, 387,000 are categorized as civilians, 207,000 as members of national military and police forces, and a further 301,000 as opposition fighters killed by U.S.-led coalition troops and their allies. The report also found that around 15,000 U.S. military service members and contractors have been killed in the wars, along with a similar number of allied Western troops deployed to the conflicts and several hundred journalists and humanitarian aid workers.

    The question of how many people have lost their lives in the post-9/11 conflicts has been the subject of ongoing debate, though the numbers in all cases have been extraordinarily high. Previous Costs of War studies have put death toll figures in the hundreds of thousands, an estimate tallying those directly killed by violence. According to a 2015 estimate from the Nobel Prize-winning Physicians for Social Responsibility, well over million have been killed both indirectly and directly in wars in Iraq, Afghanistan, and Pakistan alone. The difficulty of calculating death tolls is made harder by the U.S. military’s own refusal to keep track of the number of people killed in its operations, as well as the remoteness of the regions where many of the conflicts take place.

    Like its previous studies, the death toll calculated by the Costs of War Project focuses only on deaths directly caused by violence during the global war on terror and does not include “indirect deaths, namely those caused by loss of access to food, water, and/or infrastructure, war-related disease” that have resulted from the conflicts. The report’s footnotes also state that “some of the people classified as opposition fighters may actually have been civilians as well, since there are political incentives to classify the dead as militants rather than civilians” — a caveat that dovetails with the U.S. government’s own confessed practice of labeling any “military-age males” killed in its operations as combatants unless proved otherwise.

    Such practices have continued across multiple administrations. A recent investigation from the military-focused news site Connecting Vets included leaked video and accounts from the 2019 drone campaign in Helmand province in Afghanistan. The story included testimony from former drone operators who said that they had been given the green light to kill anyone seen holding a walkie-talkie or wearing a tactical vest in the province, which had poor security and lacked reliable cell phone service. For some U.S. officials licensed to authorize drone strikes, frustrated by their inability to achieve strategic victory or even favorable negotiating terms with the Taliban, the “metric for success was racking up a body count.”

    The Costs of War Project report states that its findings about deaths in the wars are conservative, leaving many still uncounted. Although nearly 1 million people can be said with confidence to have been killed since the global war on terror began, even that staggering figure is, in the words of Crawford, the project co-director, “likely a vast undercount of the true toll these wars have taken on human life.”

    Economic Costs

    The economic costs tallied by the Costs of War report include $2.3 trillion spent by the U.S. government on military operations in Afghanistan and Pakistan, $2.1 trillion in Iraq and Syria, and $355 billion in Somalia and other regions of Africa. An additional $1.1 trillion has been spent on domestic security measures in the United States since 2001, bringing direct expenditures from the war on terror at home and abroad to an astronomical $5.8 trillion.

    Even that, however, does not represent the full expenses imposed by the wars. Tens of thousands of U.S. soldiers have returned from foreign war zones maimed and traumatized, turning many into long-term dependents of the federal government. The cost of providing disability and medical care for these veterans is likely to exceed $2.2 trillion by 2050 from its current post-9/11 total of $465 billion, bringing the total economic bill of the wars to $8 trillion.

    The report compiles several different sources to give a total for how much the post-9/11 wars have cost, including appropriations for war-related expenses by the departments of Defense and State; increases to the Defense Department’s baseline operating budget; interest payments spent on borrowing; money obligated for future Veterans Affairs services; and Department of Homeland Security spending for preventing and responding to terrorist attacks. Even this thorough accounting does not give the full picture of U.S. expenditures: The report’s total figure of $8 trillion does not include money spent on war zone humanitarian assistance and economic development, nor does it factor in future interest payments that will be incurred on the massive deficit spending used to pay for the wars.

    Many will find the astronomical financial cost of the global war on terror galling, not just because of how relatively little it has produced in return, but also because of the discrepancy between what the current price tag of the wars has run and what U.S. officials initially claimed would be required. The war in Iraq provides one sobering example. In September 2002, Lawrence Lindsey, then-chief economic adviser under President George W. Bush, estimated that the “upper-bound” expenses for the looming invasion and occupation would run between $100 and $200 billion. Later that year, Mitch Daniels, then-director of the Office of Management and Budget, provided an even more humble estimate of the costs, saying that war in Iraq would likely run U.S. taxpayers between $50 and $60 billion.

    “Millions of lives and trillions of dollars later, who has won?”

    In reality, the invasion and occupation of Iraq — just one of a number of conflicts fought by the U.S. across the world since 9/11 — has wound up costing trillions of dollars while destabilizing the Middle East and breeding secondary conflicts that have continued to draw the U.S. in at further expense and loss of life. Current events have grimly underlined how the situation has grown out of control. The recent airport terrorist attack in Afghanistan, which killed over a dozen U.S. service members and around 170 Afghans, was claimed by a local branch of the Islamic State, a terrorist group that did not exist at the start of the global war on terror and was birthed amid the chaos created by the U.S. occupation of Iraq.

    The conflicts appear to have no end in sight, even as the U.S. makes plans to extricate itself from its 20-year occupation of Afghanistan.

    “What have we truly accomplished in 20 years of post 9/11 wars? Millions of lives and trillions of dollars later, who has won? Who has lost, and at what price?” said Stephanie Savell, co-director of the Costs of War Project. “Twenty years from now, we’ll still be reckoning with the high societal costs of the Afghanistan and Iraq wars – long after U.S. forces are gone.”

    The post Over Two Decades, U.S.’s Global War on Terror Has Taken Nearly 1 Million Lives and Cost $8 Trillion appeared first on The Intercept.

    This post was originally published on The Intercept.

  • When Afghanistan’s capital, Kabul, descended into panic as the city fell to the Taliban, Prince Wafa placed a desperate call to a State Department number set up to help people trying to flee. Wafa, an American citizen who lives in San Diego, had arrived in Afghanistan just a month before to visit his wife in Kabul. After the sudden collapse of the U.S.-backed Afghan government, he is now attempting to get her and himself out of the country to safety.

    A former U.S. Army translator, Wafa, who became a U.S. citizen in 2019, is among those most endangered by the fall of the Afghan government: people who cooperated with U.S. forces and are now likely to be treated as traitors by the Taliban, Afghanistan’s new rulers. The home of Wafa’s family in the city of Herat had already been visited by longtime neighbors who turned out to be covertly working for the Taliban; the neighbors were said to be searching for him.

    The abrupt departure of American troops and closure of the Kabul airport left Wafa, who fears violent retribution for his work with the U.S., stuck hiding with his wife in Kabul and looking for a way out.

    When Wafa called the State Department on August 29, the deadline for the U.S. withdrawal from Afghanistan was still expected to be two days away. An official picked up Wafa’s call and gave him instructions on what to do.

    Wafa was reassured by the confident tone of the U.S. official. “They told me that they would not leave any citizen in the country, they would get everyone out,” Wafa said. “They told me to take shelter and not go to the airport and to wait for further directions on what to do.” The official took down his information and told Wafa to wait for another call that would provide directions on how to safely exit the country with his wife.

    Wafa waited for a nerve-wracking 24 hours, but no call came.

    “I have my passport in my hand right now, and no one has given me any way to get out.”

    The next morning, he turned on the news to see that the U.S. had executed its withdrawal from the country. Wafa watched in disbelief as President Joe Biden announced that the withdrawal from Afghanistan had been successful and that American citizens who had been there were now free from danger.

    In a panic, Wafa called the same State Department number he had called earlier and told the official on the line that he was, like many other U.S. citizens and green card holders he knew, still stranded in Afghanistan. “I told them President Biden is saying on the news that everyone is out, but I’m still here,” Wafa said. “I have my passport in my hand right now, and no one has given me any way to get out.”

    The State Department official listened and told Wafa to wait briefly while he checked what could be done. After a few moments, the official returned with a brief, terse message. “At this time, we have no other information to share with you on steps to take,” Wafa recalled the official saying. “We can only advise you to shelter in place for the time being.”

    “Thank you for calling the U.S. Department of State,” the official added, hanging up before a stunned Wafa could even reply.

    Prince Wafa, far left, stands with a group of U.S. military service members in Afghanistan, with whom he served as an interpreter, in an undated photo. Wafa, whose face is obscured at his request, fears his work with the U.S. military could make. him a target of the Taliban.

    Prince Wafa, far left, stands with a group of U.S. military service members in Afghanistan, with whom he served as an interpreter, in an undated photo. Wafa, whose face is obscured at his request, fears his work with the U.S. military could make him a target of the Taliban.

    Courtesy: Prince Wafa

    It is unclear how many U.S. citizens, green card holders, or partners of U.S. persons eligible for withdrawal are still stranded in Afghanistan. Some monitoring groups have put the total numbers into the thousands.

    As for U.S. citizens, Secretary of State Antony Blinken said in a press conference that fewer than 200 Americans remained in Afghanistan after the end of the U.S. airlift. “We believe there are still a small number of Americans — under 200 and likely closer to 100 — who remain in Afghanistan and want to leave,” Blinken said. “We’re trying to determine exactly how many.” (The State Department did not respond to a request for comment by publication time.)

    Blinken went on to suggest that some of the remaining Americans were still deciding whether to leave: “Part of the challenge with fixing a precise number is that there are longtime residents of Afghanistan who have American passports and who were trying to determine whether or not they wanted to leave.” For Wafa, there was no indecision.

    On Monday, Gen. Kenneth F. McKenzie, head of U.S. Central Command, said no U.S. citizens left on the last five military jets out of Afghanistan. “We maintained the ability to bring them in up until immediately before departure, but we were not able to bring any Americans out,” he said. “That activity ended probably about 12 hours before our exit, although we continued the outreach and would have been prepared to bring them on until the very last minute. But none of them made it to the airport and were able to be accommodated.”

    McKenzie said that with the military engagement over, the State Department would be handling requests by Americans to leave Afghanistan. “The military phase of this operation has ended,” he said. “The diplomatic sequel to that will now begin.” McKenzie said the U.S. would negotiate with the Taliban on getting the remaining Americans out of Afghanistan.

    Wafa said he would have little faith in such processes but in his desperation would take his chances with any avenue available. “I can’t trust the Taliban, they are my enemy and the enemy of all Americans,” he said. “They proved that over the last 20 years. I don’t know how the U.S. government can trust them to negotiate anything. But if I have to take the risk of them negotiating, I will do it if that is the only thing that can allow my wife and me to leave the country.”

    Since his last call with the State Department, Wafa has been desperately trying to contact U.S. embassies in Qatar and Pakistan through email in an attempt to find someone who can help him and his wife escape the country. Text messages between a State Department WhatsApp number and Wafa reviewed by The Intercept also show a department official apologizing that no one had called him back with further information after his initial call. The official on WhatsApp also advised Wafa that they had no further information to give.

    Wafa’s wife is an Afghan citizen who had already completed her documentation requirements to receive a U.S. spousal visa and had been waiting for a visa interview at the U.S. embassy in Kabul when the city fell to the Taliban. Foreign-born spouses of U.S. citizens in the country have previously been deemed eligible for withdrawal, though it is unclear how many are still left behind. Wafa had come to the city to visit her not long before the security situation in the country suddenly unraveled, forcing them both to go into hiding.

    With the U.S. government apparently unable or unwilling to help, former U.S. military colleagues have been reaching out on his behalf to United Nations staff and others in Afghanistan to try and find a way for Wafa and his wife to leave. With Kabul’s Hamid Karzai International Airport still closed, Wafa is now desperately looking for help to get out of the country by land, whether by crossing into Pakistan or by other means.

    With the Taliban cementing their hold on power, Wafa is frightened about what will happen to him and to others, both American and Afghan, who worked with the Afghan government and its U.S. allies over the past two decades.

    Above all, he is worried for his wife. “I cannot leave her here,” Wafa said. “We are afraid that when everyone else leaves the country, the Taliban will show their real face.”

    The post U.S. Citizen in Afghanistan Was Desperate to Get Out — but the State Department Never Called Back appeared first on The Intercept.

    This post was originally published on The Intercept.

  • A Sunday drone strike in Kabul initially claimed by U.S. officials to have destroyed a car packed with “multiple suicide bombers” reportedly killed 10 civilians from one family, including several children.

    The drone strike that hit Khwaja Burgha, a working-class residential neighborhood in Kabul, was said to have killed numerous members of the Ahmadi family, with the youngest alleged victim being a 2-year-old girl. Morgue footage shared on social media showed the burned bodies of several children, as well as photos of the victims before their deaths. One of the dead, according to members of the Ahmadi family who spoke to reporters, was a former Afghan military officer who had served as a contractor for U.S. forces, as well as a worker at a charity organization.

    “The Americans said the airstrike killed Daesh members,” a neighbor of the family angrily told reporters after the strike, referring to the Islamic State. “Where is Daesh here? Were these children Daesh?”

    The Defense Department and other arms of the Biden administration continued to describe the drone attack as a “successful” strike against the militant group Islamic State-Khorasan, or ISIS-K, which had taken responsibility for a suicide bombing at the Kabul airport. As reports confirmed that an innocent family had been killed, Pentagon spokesperson John Kirby said that the Department of Defense is “not in a position to dispute” reports that civilians were killed, stating that the incident would be investigated.

    The Kabul drone strike is just one in a long string of attacks in Afghanistan by U.S. forces and their proxies reported to have killed large numbers of civilians. Past attacks have hit families traveling in cars and buses, wedding parties, hospitals filled with patients, and groups of farmers working in fields. While the withdrawal of American troops can be described as the end to the war in Afghanistan, the Kabul strike shows how the war may simply enter a new chapter, with the U.S. striking targets with aircraft launched from faraway drone bases.

    Critics of civilian casualties in the U.S. war have pointed to the lack of serious investigations on the ground into the deaths — accountability that will be even harder to come by in a remote war.

    “The drone program is opaque, with extremely limited accountability for anyone involved.”

    “In my experience, the bar for thorough military investigation has been so high as to discount a majority of credible incidents. What investigations do take place are neither consistent nor rigorous,” said Nick McDonell, author of “The Bodies in Person: An Account of Civilian Casualties in American Wars,” an analysis of the impact of the U.S. air wars in the Middle East. “At the same time, the military has repeatedly suppressed information on civilian casualties. The drone program is opaque, with extremely limited accountability for anyone involved.”

    What separated the recent Kabul drone strike from the long pattern of reported civilian deaths was the level of immediate attention and outrage it has generated. The U.S. war in Afghanistan has mostly been waged in rural areas, away from the attention of international media. Kabul, on the other hand, is the highly populated capital and the country’s center for expatriates, nongovernmental organizations, and both Afghan as well as international journalists.

    When the strike was reported, immediate video footage of the civilians who were killed in the attack began to circulate, and even international journalists were able to quickly access the attack site.

    In contrast, many past strikes have gone under the radar — and continue to do so. A retaliatory strike that came immediately after the recent terrorist attack at Hamid Karzai International Airport hit rural eastern Afghanistan, allegedly killing two people: an ISIS “planner” and a “facilitator,” according to the Defense Department.

    At the press briefing Monday, Kirby declined to share further information about the identities of the two people allegedly killed in that prior attack. Other than dedicated Afghanistan observers, few took notice. Journalists and rights advocates have so far not reported any details of on-the-ground investigations or if such investigations are even possible.

    The opaque nature of the war in Afghanistan has made calculating accurate death tolls from U.S. operations difficult — a challenge that has been compounded by the military’s own long-standing refusal to compile statistics and verify information about who is killed in its strikes. The secretive nature of the war on terror in general, across all its various theaters of operation, coupled with military practices that devote little attention to strike investigations, makes assessing civilian impact nearly impossible.

    The Pentagon initially released a statement celebrating Sunday’s strike in Kabul’s Khwaja Burgha neighborhood for having stopped what it claimed was another imminent terrorist threat against the airport. After local journalists and activists began surfacing harrowing footage of civilians killed, however, the Pentagon put out a press release stating that “it is unclear what may have happened” in the strike, claiming that there were secondary explosions from the bombing that suggested the presence of explosives on the ground. (The White House cited this explanation in its own statements on the allegations of civilian casualties.)

    The Pentagon often releases footage of its airstrikes, with the intention of advertising successful attacks against alleged terrorists. In the past, some videos have been released describing successful strikes that were later revealed to have hit civilian targets. The Pentagon declined to comment to The Intercept as to whether it would release footage of the Khwaja Burgha strike in order to verify the claimed presence of secondary explosions.

    The military’s own promises to investigate civilian casualty incidents have resulted in little meaningful accountability in the past.

    According to its standard practices, the military does not conduct site visits to learn who was killed in its airstrikes, leaving the grueling work of finding out who died and why to independent monitoring organizations and investigative journalists who operate with far fewer resources than the Pentagon. The Washington Post reported last year that as airstrikes ramped up in the final years of the Afghanistan War, the number of strikes investigated by the military for civilian casualties plummeted. Few outside the areas impacted would have taken notice of many of the strikes at all, let alone the absence of investigations.

    “The failure to properly acknowledge, investigate, or compensate civilian deaths and injuries is one constant of U.S. airstrikes.”

    In those cases in which the military did launch its own inquiries, the findings were viewed with skepticism. “These investigations are nothing but advertisements to the media,” a local council official from Helmand Province in Afghanistan told the Post. “They have no mercy. They only see targets to kill.”

    The Kabul airstrike, though, generated an outpouring of grief and anger among many Afghans, already reeling from the Taliban takeover of their country following the collapse of the U.S.-backed central government. Though the Pentagon has promised to hold itself accountable for such incidents, experts on the drone war say that there is little reason based on past practice to expect meaningful justice for the victims.

    “The failure to properly acknowledge, investigate, or compensate civilian deaths and injuries is one constant of U.S. airstrikes, whether in recognized wars like Afghanistan, or outside of them, like in Somalia,” said Hina Shamsi, director of the American Civil Liberties Union’s National Security Project. “The specific reasons and the agencies involved in those failures may differ in each context — and over 20 years we’ve repeatedly seen legal and policy debates and promises by the U.S. government to do better. But that’s of little comfort to the civilians on the receiving end of American lethal force who suffer terrible harm with little or no transparency and accountability.”

    The post U.S. Drone Strike in Kabul Killed a Family — and Began a New Chapter of the War appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Right up until his death in 2018, Ferik Duka dreamed of seeing his three eldest sons, Shain, Dritan, and Eljvir, freed from prison. In 2009, the three brothers were sentenced to life for their role in an alleged plot to attack the Fort Dix military base in New Jersey. The convictions followed a terrorism sting led by then-U.S. Attorney for the District of New Jersey Chris Christie that ran for over a year and involved multiple government informants. The brothers’ incarceration put an end to Ferik Duka’s immigrant dream: Decades earlier, he had brought his family to the United States from Albania in search of peace and opportunity.

    “My dad’s prayers, before he passed away, were the saddest thing in the world,” said Ferik’s youngest son, Burim Duka. “He’d pray to God to bring his sons home, so he could see all of them together as a family one last time, and then he could die happy.”

    The investigation into the “Fort Dix Five,” as the case became known, was marred by outrageous law enforcement and legal abuses, documented in a 2015 investigation and documentary by The Intercept. Their case was just one of many in which zealous FBI officials and prosecutors, operating in the heated atmosphere of post-9/11 America, branded individuals who posed no appreciable threat to the country as enemies of the state. Many of them, like the Duka brothers, were given long prison sentences or otherwise had their lives ruined after being convicted on material support for terrorism charges.

    Today, U.S. officials have begun signaling their desire to move on from the war on terror and pivot to new security threats at home and abroad. For those whose lives were impacted by post-9/11 abuses, as well as the lives of their family and community members, moving forward is impossible. They want a measure of justice for the terrible events of years past — not least the reevaluation of convictions that in hindsight appear obviously abusive — and accountability for those who benefited from foiling plots that they themselves had concocted.

    “There hasn’t been any reckoning with the legacy of this era. Instead, people have moved on with their careers, often after scoring political points off these cases.”

    “There hasn’t been any reckoning with the legacy of this era,” said Ramzi Kassem, a City University of New York School of Law professor and founder of the Creating Law Enforcement Accountability & Responsibility project. “Instead, people have moved on with their careers, often after scoring political points off these cases. Down the chain, that is kind of the story of the war on terror, at least domestically.”

    “Many prosecutors see these big splashy cases as a way to make a name for themselves and fulfill career ambitions,” Kassem said.

    Since the September 11 attacks, the U.S. government has prosecuted over 800 people on terrorism charges. Not every case was as flagrantly concocted as the Fort Dix Five. Many, though, included a similarly troubling mix of judicial and law enforcement bias. The people who ended up in the crosshairs were often not serious threats, but rather those susceptible to the tactics employed by the authorities.

    Kassem said, “It is alarming when you look across these cases and see an overrepresentation of suspects who were mentally deficient, marginalized, or otherwise vulnerable being the targets of these sting operations, and it raises questions about the reality of the terrorist threat that was depicted by the FBI.”

    Instead of hardened terrorists, the war on terror as it was waged at home often went after people who in retrospect posed no threat to the United States. “There ought to be some kind of process where these cases are looked at collectively in retrospect and reexamined,” said Arun Kundnani, an expert on counterterrorism and author of “The Muslims Are Coming! Islamophobia, Extremism, and the Domestic War on Terror,” who has examined the now-debunked radicalization theories behind many terror convictions. “There are still people sitting in prison as a result of flawed prosecution theories or who served short sentences yet have had their lives ruined as a result of their convictions.”

    UNITED STATES - MAY 08:  U.S. Attorney Christopher Christie, speaking at podium, holds a news conference on the steps of the Federal Courthouse in Camden, New Jersey, Tuesday, May, 8, 2007. U.S. authorities charged six men, including five identified as "radical Islamists," in a plot to kill American soldiers at the Fort Dix Army base in New Jersey.  (Photo by Bradley C. Bower/Bloomberg via Getty Images)

    U.S. Attorney Chris Christie holds a news conference on the steps of the federal courthouse in Camden, N.J., on May 8, 2007.

    Photo: Bradley C. Bower/Bloomberg via Getty Images

    FBI Informants

    The Fort Dix Five case was a huge career boon to at least one person: Chris Christie, who would go on to become governor of New Jersey and launch a serious presidential run.

    Christie has continued to brag about his role in prosecuting the Fort Dix Five, highlighting it as one of his signal achievements. His boasting masks the reality of a case that was as farcical as it was tragic for the families involved. At trial, the government’s case relied heavily on a now-discredited terrorism expert named Evan Kohlmann, whose testimony was used to establish the key prosecution argument that because of their religious and political beliefs the Duka brothers had an ideological predisposition toward violence — a connection that itself has fallen into disrepute among scholars of terrorism.

    Even the judge on the Fort Dix Five case, Robert Kugler, was forced to acknowledge the dearth of actual evidence against the men, even as he condemned them to life in prison. “That there isn’t more explicit evidence does not concern me and obviously didn’t concern the jury either,” Kugler said at Shain Duka’s sentencing. “I cannot deter this defendant, because of his belief system, from further crimes.” (In June 2016, Kugler upheld the brothers’ sentences.)

    At the center of the case was an FBI informant who himself later said that he believed the Dukas were innocent and that the men had never even known about an ostensible plot to attack the Fort Dix military base. The informant, who was paid upward of $238,000 by the FBI for his efforts, would later describe the brothers as “good people.” He added, “I still don’t know why the Dukas are in jail.”

    The wide-ranging use of undercover informants was one of the most controversial tactics used by the FBI and U.S. prosecutors in domestic counterterrorism cases. By some estimates, the FBI employed more than 15,000 informants across the United States, many of whom were tasked with going on so-called fishing expeditions, in which they infiltrated communities without knowledge of any actual criminal plot.

    Some of the most egregious terrorism sting operations that used informants later became the subjects of documentaries and investigative reporting. Among them were the so-called Newburgh Sting case, the “Liberty City Seven” case, the Herald Square bombing plot, and many others involving individual or small groups of men allegedly coaxed into breaking the law by FBI informants.

    ”FBI agents are rated and scored on their ability to recruit informants, as well as how prolific those informants are,” Kassem said. “Even if they didn’t join law enforcement to do knock-and-talks or surveil people at mosques, they discover that if they don’t fulfill that tasking, their career prospects might be hampered.”

    In addition to sowing paranoia and mistrust in communities across the country, the heavy use of informants led to an abundance of cases in which seemingly innocent people found themselves targeted. Informants themselves often had their own motivations for delivering results to their handlers, whether it was to obtain financial reward from the U.S. government or to escape their own legal or immigration problems.

    “The years after 9/11 saw a shift away from the more traditional role of informant as the passive eyes and ears of the federal government inside an organized criminal syndicate towards something far more central, active, and participatory,” Kassem said. “Informants proposed so-called terrorism plots, funded them, provided means of execution, coaching, and even coaxed the targets of stings over prolonged periods of time in order to enable prosecutors to paint their conduct as criminally punishable.”

    Reexamination?

    Years of pushback from civil liberties groups have generated a few improvements in the way that law enforcement agencies, courts, and the nation’s sprawling national security bureaucracy approach many terrorism investigations.

    A lawsuit by the American Civil Liberties Union resulted in the retraction of a debunked New York Police Department report on terrorist radicalization that had been employed by law enforcement agencies across the country to justify surveillance and other operations. Similar lawsuits were won on behalf of individuals who had been subject to various forms of unwarranted surveillance and harassment. Meanwhile, investigative exposés revealed some of the more egregious anti-Muslim biases that had been used in law enforcement training, leading the most bigoted documents to be pulled from curricula.

    Despite these changes aimed at improving law enforcement and judicial practices, questionable terrorism cases have continued to be prosecuted across the United States, including at the state level. Even as the government has haltingly changed its approach in response to criticism, it has yet to reexamine the hundreds of cases in which people were sent to jail in concocted terrorism cases. Many such cases were justified on the basis of academic theories of terrorism and political violence purveyed by individuals like Kohlmann but are widely rejected by national security experts today.

    “The assumptions that went into many terrorism convictions often rested on a flawed theory of radicalization that claimed certain people had a predisposition to violence based on their beliefs,” said Kundnani, the counterterrorism expert. “That theory was indispensable to getting convictions in many cases, regardless of how ridiculous the entrapment itself was, but the academic consensus on this subject is the opposite of what it was 15 years ago.”

    “I’m not asking for them to just free my brothers. I want them to read about what happened and say what they honestly think about their convictions.”

    The Fort Dix Five case was one of the very cases in which that theory of predisposition was used to secure a conviction, sending the Duka brothers to jail for life and devastating their family. Yet they were involved in no obvious plot, nor was anyone harmed. They remain in prison to this day, waiting for a sympathetic administration to review their case. Their family, too, is left hoping that the Biden administration’s promises to turn a page on the mistakes of the past, including on national security policy, do not ring hollow.

    “I just wish people higher up would read about this case,” said Burim Duka, who was left the sole breadwinner for his family after his brothers’ incarceration and the death of their father. “I want them to keep an open mind. I’m not asking for them to just free my brothers. I want them to read about what happened and say what they honestly think about their convictions.”

    He added, “I really don’t ask for much. Even if I spoke to the president, I wouldn’t simply ask for a pardon. I just want people to pay attention to this.”

    The post Post-9/11 Stings Targeted People Who Posed No Threat. They Remain in Prison. appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Amid terror concerns, the Defense Department has asked congressional staff to stop sending evacuation requests on behalf of some Afghans whose work for the U.S. during the war may now put them at risk of Taliban reprisals, according to two people familiar with the order.

    The directive, issued Wednesday night by the Defense Department’s Afghanistan Non-Combatant Evacuation Operation, applies to applicants for Special Immigrant Visas, a congressional official and a U.S. military contractor told The Intercept. Among the Afghans applying for such visas are military interpreters and others who helped the U.S. government. The Intercept recently reported that the Taliban has seized biometrics devices that contain identifying information about Afghans who may have assisted coalition forces.

    The Defense Department, which controls the Kabul airport, issued the guidance to congressional officials working under the House Armed Services Committee and the House Judiciary Committee, which oversees certain immigration matters.

    A Judiciary Committee spokesperson said they are unaware of members receiving the notice. The Defense Department and House Armed Services Committee did not immediately respond to a request for comment.

    The Biden administration has vowed to promptly evacuate Afghan allies, but the State Department reportedly faces a significant backlog of such applications. While only about 16,000 Afghan have received the special visas since 2014, the administration has identified some 50,000 applicants and their families in need of evacuation, and a congressional aide told the New York Times that far more are eligible.

    The Defense Department guidance was issued amid intelligence reports warning of an imminent terror attack at the Kabul airport and just hours before a suicide bombing on Thursday morning killed dozens of Afghan civilians and 13 U.S. service members there. The Islamic State claimed responsibility.

    Before Wednesday’s guidance, Afghans were already struggling with a chaotic U.S. evacuation process and a Kafkaesque immigration system. The new restrictions effectively formalize the cessation of departure opportunities for Afghans eligible to receive the special visas. It is unclear whether the guidelines are temporary or permanent.

    “A decision like that doesn’t functionally change the reality for my families,” said an Army veteran helping evacuate contacts in Afghanistan. “They all have [special immigrant visa] applications in process, their names on a flight manifest, and passes that are supposed to allow them through the gates. They’re all being turned back by U.S. military security.”

    “They’ve been getting turned away for days,” he added. “I don’t think the blast will change much for them, other than [to] seal the deal that they probably aren’t getting out.”

    The congressional source echoed the veteran’s grim assessment. “Congressional offices and a bunch of other entities have been referring hundreds, if not thousands, of vulnerable Afghans to the State Department for refugee designation and emergency evacuation assistance, but nobody can tell us what happens after they’ve been referred or why we’re doing it. State never bothered to even acknowledge the evacuation requests.”

    The military contractor shared a copy of a State Department document responding to a Special Immigration Visa application to illustrate the dysfunction. The application, acknowledged on August 16, would only result in an embassy interview over a month later — on September 28. But by that point, there may be no Americans left in Kabul to conduct one.

    Congress first authorized a special immigrant status for Afghans and Iraqis who assisted U.S. armed forces as translators during the George W. Bush administration. While the program for Afghan allies was expanded in the years that followed, it was plagued by delays and challenges that have long gone unaddressed. The Intercept reported in April 2018 that one of the visa pipelines had a backlog of 58,000 applications.

    The Trump White House’s notorious anti-Muslim immigration policy appears to have impeded efforts to bring attention to the issue as the administration sought to withdraw U.S. troops from Afghanistan. Olivia Troye, a former homeland security adviser to Vice President Mike Pence, tweeted on August 20 that Trump adviser Stephen Miller “would peddle his racist hysteria about Iraq and Afghanistan. He & his enablers across gov’t would undermine anyone who worked on solving the [special immigrant visa] issue by devastating the system at [the Department of Homeland Security] & State.”

    The post Defense Department Halts Evacuation of Afghan Visa Applicants Amid Terror Threat appeared first on The Intercept.

    This post was originally published on The Intercept.

  • In the immediate aftermath of the U.S. invasion of Afghanistan in late 2001, U.S.-backed Afghan warlord Abdul Rashid Dostum’s forces murdered hundreds, perhaps thousands, of Taliban prisoners by jamming them into metal shipping containers and letting them suffocate. At the time, Dostum was on the CIA’s payroll and had been working with U.S. special forces to oust the Taliban from power.

    The Bush administration blocked subsequent efforts to investigate the mass murder, even after the FBI interviewed witnesses among the surviving Afghans who had been moved to the U.S. prison in Guantánamo Bay, Cuba, and after human rights officials publicly identified the mass grave site where Dostum’s forces had disposed of bodies. Later, President Barack Obama promised to investigate, and then took no action.

    Instead, Hollywood stepped in and turned Dostum into a hero. The 2018 movie, “12 Strong,” a jingoistic account of the partnership between U.S. special forces and Dostum in the 2001 invasion, whitewashed Dostum — even as his crimes continued to pile up in the years after the prisoner massacre. At the time of the movie’s January 2018 release, Dostum was in exile, hiding from criminal charges in Afghanistan for having ordered his bodyguards to rape a political opponent, including with an assault rifle. The movie (filmed in New Mexico, not Afghanistan) was based on a book that a New York Times reviewer called “a rousing, uplifting, Toby Keith-singing piece of work.”

    For two decades, Americans have told each other one lie after another about the war in Afghanistan. The lies have come from the White House, Congress, the State Department, the Pentagon, and the CIA, as well as from Hollywood, cable news pundits, journalists, and the broader culture.

    Americans have hungered for a simple storyline, with heroes and villains, to make sense of the longest war in U.S. history. They have wanted stories like “12 Strong” to make them feel good. But at the very edge of the American empire, the war was nasty and brutish, and brought out in Americans the same imperial arrogance that doomed the U.S. involvement in Vietnam.

    This month, as the Taliban swiftly took control of Kabul and the American-backed government collapsed, the U.S. Special Inspector General for Afghanistan Reconstruction, the government’s watchdog over the Afghan experience, issued his final report. The assessment includes remarkably candid interviews with former American officials involved in shaping U.S. policy in Afghanistan that, collectively, offer perhaps the most biting critique of the 20-year American enterprise ever published in an official U.S. government report.

    “The extraordinary costs were meant to serve a purpose,” the report notes, “though the definition of that purpose evolved over time.”

    Released in the days after Kabul fell, the report reads like an epitaph for America’s involvement in Afghanistan.

    Afghan women and children gather in a co

    Afghan women and children gather in a corner as U.S. soldiers search their home for Taliban insurgents during a night raid in a village in Ghazni Province, Afghanistan, on June 14, 2007.

    Photo: Nicolas Asfouri/AFP via Getty Images

    One of the first things the U.S. did after gaining effective control over Afghanistan following the Taliban’s ouster in 2001 was to set up secret torture chambers. Beginning in 2002, the CIA tortured both Afghans and foreign prisoners flown to these torture rooms from all over Central Asia, Africa, and the Middle East. The worst torture chamber was nicknamed “The Darkness” by the prisoners sent there, who suffered such complete sensory deprivation that they did not even know they were in Afghanistan. They were chained in solitary confinement with no light and music blaring constantly. They were hung by their arms for as long as two days, slammed against walls, forced to lie naked on tarps while gallons of ice water were poured over their bodies. At least one prisoner died in CIA custody after being left shackled in frigid temperatures.

    No one was ever held to account for the American torture regime in Afghanistan.

    American drone strikes also started early in Afghanistan. The CIA killed Al Qaeda operative Mohammed Atef and others with a drone there in November 2001, just two months after 9/11. Afghanistan soon became the beta test site for high-tech drone warfare, leading to countless civilian casualties and deep resentment among the Afghan people, who felt helpless against the unseen threat circling overhead.

    America’s early adoption of drone warfare in Afghanistan helped make a fortune for Neal Blue, the chair of General Atomics; the Southern California energy and defense corporation manufactured the Predator, the first armed drone to fly over Afghanistan. (General Atomics subsequently produced the Predator’s follow-on model, the Reaper.) Blue and his brother, Linden Blue, vice chair of General Atomics, maintained low public profiles throughout the war, but as owners of privately held General Atomics, they were among the first — but hardly the last — American contractors to enrich themselves as blood spilled in Afghanistan.

    Before long, the CIA’s drone campaign shifted from going after the few Al Qaeda operatives it could find in Afghanistan to targeting the Taliban — thus placing the drone campaign squarely in the midst of the Afghan domestic insurgency.

    The U.S. launched more than 13,000 drone strikes in Afghanistan between 2015 and 2020, killing up to 10,000 people, according to statistics kept by the Bureau of Investigative Journalism. The CIA, relying on cellphone numbers to find, fix, and finish its alleged enemies, often launched its Hellfire missiles at the wrong targets or at targets standing amid groups of civilians.

    The practice devastated Afghan villages, yet the U.S. refused to keep track of civilian casualties from drone strikes. Instead, officials insisted that each strike had hit its intended target, while ignoring the claims of villagers that the missiles had killed a tribal chief or decimated a meeting of village elders.

    Former Marine infantry officer Ian Cameron, who oversaw drone targeting in Afghanistan for nine months in 2018 and 2019, wrote in the Washington Post of the “sterility of this type of warfare, which allowed me to kill Taliban fighters in one moment and finish a half-eaten hamburger lunch the next.” It seemed to him a “Sisyphean exercise (since the Taliban never ran out of replacement fighters).”

    Along with drone strikes came “night raids,” in which U.S. and Afghan forces would burst into a home in the middle of the night and kill or capture those inside, breeding further resentment. The raids were so deeply unpopular that they sometimes led an entire village to switch its allegiance to the Taliban. What was worse, the U.S. military and the CIA failed for years to fully grasp the degree to which their airstrikes and night raids were being manipulated by Afghans who fed them false information to convince the Americans to launch raids against their local rivals or have those rivals carted off to Guantánamo.

    US Marines from Charlie 1/1 of the 15th Marine Exp

    An illustration on a cardboard sign conveys to U.S. Marines that Taliban forces could be anywhere and everywhere, in southern Afghanistan on Dec. 1, 2001.

    Photo: Jim Hollander/AFP via Getty Images

    After the initial invasion that ousted the Taliban, the U.S. shifted most of its military and intelligence resources from Afghanistan to Iraq in 2002 and 2003. The Bush administration believed that Iraq was a more important theater of war than Afghanistan and falsely thought that the war in Afghanistan was over.

    The shift of American resources by the Bush administration to Iraq in 2002 and 2003 was the greatest military miscalculation of the entire war in Afghanistan. While the U.S. was distracted by Iraq, the Taliban, which had been all but defeated and dispersed, recovered, and regained strength.

    James Dobbins, a career diplomat who served as the Bush administration’s special envoy to Afghanistan, said in an interview with the special inspector general that officials soon realized they had to decide which war would receive the most government resources, and “they chose Iraq. … You had several years of calculated neglect [in Afghanistan]. … It was intentional.”

    Yet even as the Bush administration drew down militarily in Afghanistan, it still insisted on creating a new, pro-Western government in Kabul and began a massive nation-building project in the country. It did so without grasping the significance of several basic facts about the conditions it faced.

    The shift of American resources by the Bush administration to Iraq in 2002 and 2003 was the greatest military miscalculation of the entire war in Afghanistan.

    The first was that the Afghan militias with whom the United States had joined forces to overthrow the Taliban in 2001 were largely composed of and loyal to the country’s minority ethnic groups, while the Taliban were Pashtun, by far the largest ethnic group in the country, representing more than 40 percent of the population. The Tajiks, who dominated the Northern Alliance, were America’s most dependable allies throughout the war, but they accounted for only a little more than a quarter of Afghanistan’s population.

    Even after the Taliban were ousted from power, they largely retained their support in rural southern Afghanistan, the country’s Pashtun base. The U.S. and the government it installed in Kabul never figured out how to gain the loyalty of the rural Pashtun heartland.

    Afghanistan Jump-Starts a New Day

    A shopkeeper displays pictures of the late Ahmad Shah Massoud, left, and newly elected President Hamid Karzai, right, in Afghanistan on June 7, 2004.

    Photo: David Bathgate/Corbis via Getty Images

    The U.S. failed to fully understand how deeply those ethnic divides would undercut nation-building in a country whose national identity had been weakened by decades of war. Even years after the U.S.-backed government was installed, it was still easy in Kabul to identify which government ministers were Tajik. They were the ones whose offices were dominated by large portraits of Ahmad Shah Massoud, the so-called Lion of the Panjshir, who led the Northern Alliance until he was assassinated by Al Qaeda two days before 9/11.

    Another fundamental miscalculation involved Pakistan. In the 1980s, the CIA had worked with Pakistan’s intelligence service to support the Afghan mujahedeen against the Soviet forces occupying Afghanistan. But following the U.S. invasion in 2001, the Taliban leadership found sanctuary in Pakistan. The Taliban were able to reorganize and recruit new forces from among the more than one million, mainly Pashtun, Afghan refugees on Pakistan’s side of the Durand Line, the boundary between Afghanistan and Pakistan established by the British at the end of the 19th century.

    Pakistan’s intelligence and military services played a double game with the U.S. throughout the American war in Afghanistan. For years, Pakistan provided America with logistical support, allowing supplies for U.S. forces in landlocked Afghanistan to be transported through its territory. It also sometimes provided critical intelligence on Al Qaeda and terrorism suspects believed to be traversing the border between Pakistan and Afghanistan. Yet many officers in Pakistan’s Inter-Services Intelligence were Islamists who were sympathetic to the Pashtuns and the Taliban, and had a long history of support for related Pashtun groups like the Haqqani network, whose founder, Jalaluddin Haqqani, had been on the CIA payroll during the 1980s campaign against the Soviet occupation.

    What’s more, Pakistani officials saw the war in Afghanistan through the lens of their ongoing cold war with India. They were deeply suspicious of the ties between India and the Northern Alliance-based government installed by the U.S. in Kabul.

    The U.S.-Pakistan alliance, built on lies, proved unsustainable. The Taliban survived the initial American onslaught in 2001 in large part because it had Pakistan’s backing. A decade into the war, Pakistan began to tighten its grip on American supply routes. Relations worsened after protests erupted in Pakistan against U.S. drone strikes there, and they nearly broke down following the U.S. raid on Abbottabad in May 2011, in which American special forces killed Osama bin Laden. A subsequent NATO airstrike that hit two military facilities in Pakistan and killed 28 Pakistani troops in November 2011 further strained ties. The U.S. was eventually forced to rely on far more costly supply routes through Russia and Central Asia.

    Activists of Pakistan Muthidda Shehri Mahaz burn the US flag during a protest in Multan on March 14, 2012, against US drone attacks. A US drone strike in Pakistan's lawless tribal belt on March 13 killed eight fighters supporting the Taliban in Afghanistan but not hostile to Pakistani authorities, local officials said.  AFP PHOTO/S S MIRZA (Photo by Shahid Saeed MIRZA / AFP) (Photo by SHAHID SAEED MIRZA/AFP via Getty Images)

    Pakistani activists protesting lethal strikes conducted by drones burn the U.S. flag in Multan, Pakistan, on March 14, 2012.

    Photo: Shahid Saeed/Mirza/AFP via Getty Images

    Another miscalculation came when the United States turned its back on an early opportunity to work with Iran on Afghanistan. Iran has a long border with western Afghanistan, and the Persian influence in Herat and the surrounding region dates back to the days of the ancient Silk Road trade route. When the Taliban came to power in the 1990s, Iran saw the group as its enemy. Iran is predominantly Shia Muslim, while the Pashtun are Sunni, and the Taliban had a history in the 1990s of persecuting the Hazara minority group, which is predominantly Shia.

    In the immediate aftermath of 9/11 when the U.S. was preparing to invade Afghanistan, U.S. and Iranian officials secretly met in Geneva to discuss possible collaboration against the Taliban. Iranian officials even provided the Americans with targeting information for its anti-Taliban air campaign in late 2001, according to former U.S. officials.

    But the brief possibility of an opening with Tehran ended as the Bush administration decided to widen its war on terror beyond Afghanistan. In his 2002 State of the Union, George W. Bush declared Iran a member of the “axis of evil,” along with Iraq and North Korea. Iran then reversed course and began to provide covert support for the Taliban in Afghanistan, while also supporting the insurgency against American forces in Iraq.

    As the Taliban revived, the Bush administration had few troops left in Afghanistan to counter the threat. Within a few years of its initial victory in 2001, the U.S. was stuck in a quagmire of its own making in Afghanistan, just as it was in Iraq.

    U.S. Forces Move Through Southern Iraq

    U.S. Marine Maj. David “Bull” Gurfein pulls down a poster of Iraqi President Saddam Hussein in Safwan, Iraq, on March 21, 2003.

    Photo: Chris Hondros/Getty Images

    The Bush administration decided to stay in Afghanistan, but it no longer had any clear objectives. The original targets of the military mission — Osama bin Laden and the Al Qaeda leadership – had clearly escaped. So what was America’s new mission?

    Despite years of debate, the Bush White House couldn’t decide. The Bush administration wanted to leave Afghanistan and focus on Iraq — yet it didn’t want to leave the military field open to the Taliban. Bush didn’t want to engage in nation-building in Afghanistan, yet his government remained committed to creating a new, Western-style central government with modern roads, schools, hospitals, and a national army. (The CIA even quietly did nation-building of its own, creating the Afghan intelligence service, called the National Directorate of Security, and filling it with Tajiks on the CIA payroll.)

    The result was that throughout his time in office, George W. Bush had one foot in and one foot out of Afghanistan. Stephen Hadley, Bush’s national security adviser in his second term, weakly told the special inspector general that “there was just no process to do post-war mission planning.”

    The U.S. installed Hamid Karzai, an ethnic Pashtun who had been living in exile in Pakistan, as Afghanistan’s first post-Taliban leader, and he went on to become Afghanistan’s president. The Americans literally escorted Karzai into Afghanistan from Pakistan in 2001; when a U.S. aircraft accidentally bombed the group of Special Forces and CIA personnel bringing Karzai into the country, CIA officer Greg Vogle famously dove on top of Karzai, saving his life.

    Karzai had been chosen largely because he was pro-Western and because, in the view of the ethnic groups and warlords in Afghanistan at the time, he was the least offensive candidate. The fact that he was an ethnic Pashtun was thought to be an important olive branch to Pashtuns resentful of the U.S.-backed victory of the Tajiks and the Northern Alliance. But he was from a small Pashtun tribe based in the village of Karz, outside Kandahar, and was not considered a prominent leader among the major Pashtun tribes.

    It didn’t take long for corruption to become rampant under Karzai. With the CIA’s backing, the new president made his younger half-brother, Ahmed Wali Karzai, the de-facto viceroy of Kandahar and southern Afghanistan — and the boss of the massive Afghan heroin trade.

    Ahmed Wali Karzai’s power over the heroin business meant that when tractor-trailers loaded with drugs were stopped by local security forces, he could call their commanders to order the release of the trucks and their contents.

    The U.S. Drug Enforcement Administration repeatedly uncovered evidence of Ahmed Wali Karzai’s leading role in the Afghan drug trade; in one instance, American investigators discovered links between a truck found with 110 pounds of heroin and an intermediary for Ahmed Wali Karzai. The White House refused to allow the DEA to take any action against Ahmed Wali Karzai, who was secretly on the CIA’s payroll.

    The willingness of the U.S. to turn a blind eye to Ahmed Wali Karzai’s role as a drug lord was just one symptom of a much larger problem. The U.S. had invaded a country whose most lucrative businesses, besides war, were opium production and heroin smuggling, and yet American officials could never figure out what to do about it. In the end, they did nothing.

    For 20 years, America essentially ran a narco-state in Afghanistan.

    Modern Kabul - Rising From The Ashes

    Afghan counternarcotics police officer Abdul Hanan shows confiscated heroin in Kabul on Feb. 11, 2006.

    Photo: John Moore/Getty Images

    During the initial invasion and bombing campaign in 2001, the Bush administration ignored the drug problem, believing that it was a distraction from America’s main counterterrorism mission, and refused to bomb drug-related facilities.

    Later, American officials assigned to deal with Afghanistan would occasionally push for greater counternarcotics measures; at one point they even brought in Colombian counternarcotics agents to try to train a new Afghan counternarcotics force. The Justice Department also built a special Afghan drug court, while the State Department launched a campaign to eradicate poppy crops.

    But the efforts were just window dressing. The Karzai government refused to allow aerial chemical spraying of poppy fields, fearing a backlash among farmers. As a result, the State Department relied on manual eradication, which meant that hundreds of Afghans with tractors and sticks were sent out to manually rip up poppy fields — thus risking the wrath of the farmers. State Department officials soon realized that the fields identified for eradication by Afghan officials and local leaders were those of their rivals or of unimportant farmers. The crops of powerful Afghans were almost never touched.

    Each time American officials sought to make counternarcotics a priority, they ran into the reality that the drug lords of Afghanistan were also the warlords of Afghanistan.

    Each time American officials sought to make counternarcotics a priority, they ran into the reality that the drug lords of Afghanistan were also the warlords of Afghanistan who were on the CIA payroll and who the U.S. military relied upon to battle the Taliban.

    The U.S. spent nearly $9 billion on its token counternarcotics programs in Afghanistan, yet opium production and heroin smuggling in Afghanistan skyrocketed under the U.S.-backed government. Afghanistan now produces more than 80 percent of the world’s heroin supply.

    Afghanistan’s opium production soared in 2002 — and just kept growing. By 2020, 224,000 hectares of land were under opium poppy cultivation in Afghanistan, compared with 123,000 hectares in 2010, according to the United Nations.

    KABUL, AFGHANISTAN - FEBRUARY 08:  Afghans walk near a new hotel built amidst Afghan civil war ruins on February 8, 2006 in Kabul, Afghanistan.  Construction is booming across Afghanistan, fueled by an influx of foreign aid and investments from returning Afghan expatriates. Many say drug money from the nation's heroin cultivation is often laundered through constuction projects as well. (Photo by John Moore/Getty Images)

    Afghans walk near a new hotel built amid the ruins of buildings destroyed in the country’s civil war, in Kabul on Feb. 8, 2006.

    Photo: John Moore/Getty Images

    American aid and reconstruction money overwhelmed Afghanistan’s economy. The U.S. provided $145 billion over 20 years to rebuild a country that had a gross domestic product of just $19 billion in 2019. As recently as 2018, nearly 80 percent of Afghan government spending came from Western donors.

    The combined effects of the massive flows of Western aid dollars, funding for combat operations, and the river of narco-dollars created a surreal economic bubble in Afghanistan. A new, Western-style urban professional class sprang up in Kabul, many of whose members are now fleeing the Taliban. But the money also triggered an epidemic of corruption and insider dealing that thoroughly discredited both the Afghan central government and the United States.

    Much of the American money enriched U.S. contractors without ever entering the Afghan economy. Much of it also disappeared into secret bank accounts in Dubai, United Arab Emirates, held by Afghan government officials, warlords, and their families, a phenomenon described in a 2020 report by the Carnegie Endowment for International Peace as “the cross-pollination of criminality between Afghanistan and Dubai.”

    The frenetic example set by Kabul Bank provided the model for how the Afghan elite could efficiently and blatantly move American aid money out of Afghanistan and into their private offshore bank accounts. The bank, once the largest in Afghanistan, was founded by Sherkhan Farnood, a money-exchange dealer with operations in Kabul and Dubai who had fled Russia under suspicion that he was a money launderer. After he obtained the bank charter from the Karzai government, he used Kabul Bank to embezzle money from Afghan depositors to pay for his personal investments in Dubai real estate. Farnood also took out a $100 million loan from Kabul Bank to buy Pamir Airways, which flew commercial routes from Kabul to Dubai.

    Farnood’s couriers transporting cash from his money exchange in Kabul could “now more easily transport money embezzled from a Farnood-controlled bank (Kabul Bank) on a Farnood-owned airline (Pamir Airways) and deliver it to a Farnood-owned exchange house (Shaheen Money Exchange) in Dubai,” the Carnegie report concluded.

    Before the bank finally and spectacularly collapsed in 2010, Farnood enjoyed plenty of political protection, because he was also using Kabul Bank to help Afghanistan’s most powerful politicians launder their ill-gotten cash in Dubai.

    Meanwhile, petty corruption — bribes to local officials to obtain any service or job — was endemic, stoking more resentment against the government among average Afghans. The U.N. found that by 2012, Afghans were paying $3.9 billion in bribes per year; half of all Afghans paid a bribe for a public service.

    As the U.S.-backed government continued, petty bribery and corruption grew worse, not better. Militias “were using their position and closeness with the government and U.S. military to control roads, secure lucrative contracts, establish themselves as regional powers, and sometimes serve both sides, cooperating with both international and Taliban forces to maximize profits,” concluded a 2018 report from the Institute of World Politics.

    The government-fueled bribery and corruption forced many Afghans into the arms of the Taliban, who gained a reputation for settling financial and other disputes using more straightforward — if far more brutal — methods. “Trying to compete with the Taliban’s successful dispute resolution would have meant allowing sharia, and that’s not something we could do politically,” Barnett Rubin, a longtime Afghanistan expert who advised the State Department, told the special inspector general.

    Often, American reconstruction projects provided funding directly to the Taliban and related extremist groups. Afghan contractors frequently had to pay off the Taliban so they wouldn’t attack U.S.-backed projects, “making the insurgents in effect unofficial subcontractors to the U.S. government,” the special inspector general concluded. One example was a U.S.-funded project to build a highway from Gardez to Khost in southeastern Afghanistan. In order to avoid attacks in 2011, the road’s contractors paid $1 million a year to a local figure known only as Arafat, who was believed to have ties to the Haqqani network.

    HELMAND PROVINCE- JULY 1: U.S. Lt. Col. Christian Cabaniss speaks to his Marines at Camp Dwyer on July 1, 2009 in Helmand Province, Afghanistan.The Marines are part of a stepped up effort by American troops fighting Taliban fighters in Southern Afghanistan.  (Photo by Joe Raedle/Getty Images)

    U.S. Lt. Col. Christian Cabaniss speaks to Marines at Camp Dwyer in Helmand Province, Afghanistan, on July 1, 2009.

    Photo: Joe Raedle/Getty Images

    Perhaps the most cynical decision in the war in Afghanistan was taken by Obama in 2009. During the 2008 presidential campaign, Obama sought to distinguish himself from his main political rivals with his emphatic denunciations of the war in Iraq. Fearful of being attacked from the right for being too dovish, Obama balanced his attacks on the Iraq War by claiming that he would do more than the Bush administration had done to win “the good war” in Afghanistan.

    In 2009, Obama announced that he was escalating U.S. troop levels in Afghanistan: his ill-considered Afghan “surge.” The surge came with no real long-term strategy, and it is hard not to see Obama’s decision as little more than a political calculation to live up to his earlier campaign promise, which had only been made to insulate him from attacks on his position on Iraq.

    As American troops flowed steadily into Afghanistan in 2009 and 2010, combat operations were focused on the south, notably Helmand Province, a stronghold of both the Taliban and opium production. U.S. troop levels peaked at about 100,000 during the surge, the highest levels of the entire war in Afghanistan.

    But the surge quickly descended into an inconclusive war of attrition. U.S. casualties reached their highest levels of the war during the surge, with fatalities rising to 496 in 2010. Obama drew down U.S. forces to around 8,400 by the time he left office.

    Donald Trump came into the presidency in 2017, having campaigned on a vow to end America’s forever wars. He was determined to withdraw all U.S. troops from Afghanistan. But he was easily distracted by cronies eager to make money. Erik Prince, the infamous founder of Blackwater, nearly convinced Trump to let him take over the entire combat mission in Afghanistan by using paid mercenaries instead of U.S. troops. Instead, Trump got so sidetracked that he let the Pentagon talk him into increasing troop levels to about 14,000 in 2017.

    Trump finally got his way in February 2020, when the U.S. and the Taliban signed an agreement setting the conditions for a complete withdrawal of U.S. troops from Afghanistan by May 1, 2021. After the 2020 presidential election, Acting Defense Secretary Chris Miller announced that U.S. troop levels had been reduced to 2,500.

    Joe Biden came into office this year, making the case that, after 20 years, the war in Afghanistan had to end. Getting out of Afghanistan was perhaps the only issue on which he publicly agreed with Donald Trump.

    On April 14, he announced that all U.S. troops would be withdrawn by September 11, 2021: the 20th anniversary of 9/11. Trump promptly criticized Biden for failing to meet the May 1 deadline he had negotiated with the Taliban, saying that “we can and should get out earlier,” and that “getting out of Afghanistan is a wonderful and positive thing to do. I planned to withdraw on May 1, and we should keep as close to that schedule as possible.”

    The Taliban also issued a statement in April criticizing Biden for failing to meet the agreed-upon deadline. They warned ominously that the delay “opens the way for [the Taliban] to take every necessary countermeasure.”

    The meaning and consequences of that Taliban statement in April are now playing out at Hamid Karzai International Airport in Kabul.

    The U.S. certainly did some good in Afghanistan. Its nation-building created a new educated, urban middle class, and the U.S.-backed government offered unprecedented rights to women. By 2018, life expectancy had increased by nine years, literacy rates rose, and child mortality fell.

    But the special inspector general’s final report, which documents those gains, concluded that they were not “commensurate with the U.S. investment.” A former Pentagon official told the special inspector general that “when you look at how much we spent and what we got for it, it’s mind boggling.”

    In an interview with the special inspector general, Douglas Lute, who coordinated strategy for Afghanistan at the National Security Council from 2007 to 2013, gave a brief and devastating critique of the American enterprise in Afghanistan.

    “We were devoid of a fundamental understanding of Afghanistan,” Lute said. “We didn’t know what we were doing.”

    The post For Two Decades, Americans Told One Lie After Another About What They Were Doing in Afghanistan appeared first on The Intercept.

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  • The military and political leaders behind the U.S. war in Afghanistan are now lamenting its catastrophic conclusion, amid scenes of panic in the capital, Kabul, presently under Taliban control. So far, however, they have been silent about the mistakes and atrocities that brought the war to this conclusion. One terrible example is crying out for an official response: documented evidence of CIA-run death squads that carried out heinous massacres of Afghan civilians during the war.

    The Afghan security forces created by the United States became notorious for their corruption and brutality throughout the two-decade occupation. Even by those poor standards, the units directly managed by the CIA in the conflict’s most recent years stand apart for their violence against civilians. By many accounts, their actions helped contribute to the defeat that is playing out so dramatically, by driving Afghans in many rural districts into the arms of the Taliban insurgency.

    A 2020 investigation by The Intercept uncovered in graphic detail a series of war crimes carried out by militias operating under the patronage of CIA officials. According to survivors and local officials, the militias, numbered and identified as a handful of “strike forces,” committed massacres, disappearances, and mutilations of Afghan civilians. The reign of terror they imposed on many rural districts lasted for years. During this time the CIA was in full control of these units. The survivor of one massacre of schoolchildren between the ages of 9 and 18 at a madrassa, said to have been carried out by a CIA-trained strike force known as 01, later recalled hearing American voices from the hallway outside where the massacre of his classmates took place.

    The Biden administration has repeatedly promised to turn the page on the scandal-ridden tenure of its predecessor and to bring moral considerations to U.S. foreign policy. Indeed, Biden signaled as much by elevating Avril Haines to director of national intelligence. Haines in many ways personified the Obama-era approach to war, writing strict rules and boundaries around the executive’s kill list and drone-strike program: The global war on terror would be brutal, but it would be hemmed in by rules, even if they were rules of the administration’s own making, and Haines would make sure of it.

    “We wanted to make sure that the counterterrorism program and any type of lethal strikes that we might take would be very sharply caverned within a framework that made certain stipulations [and] criteria before any strike was taken,” former CIA Director John Brennan told the Daily Beast. “We all approached it from our various portfolios in a manner that limited the number of times that strikes would be authorized. Avril and I bore the scars of a lot of the pushback that we received from counterterrorism proponents that wanted to have more latitude in carrying out strikes.”

    Harold Koh, a former State Department legal adviser, told the news website Haines was a voice of restraint.

    “A lot of people characterize themselves as voices of restraint, but she really was. ‘That’s illegal, we’re not gonna do that,’ she would say. She showed guts,” Koh said.

    Yet Haines was also the intelligence official chiefly responsible for allowing the agency to evade responsibility for spying on Senate staffers, suggesting her legal firepower is more often brought to bear on prospective crimes rather than ones that have already been committed. If Haines has taken a serious look into war crimes in Afghanistan, there is no public indication of it.

    Earlier this year, the Pentagon began an inquiry into suspected war crimes carried out by U.S. special forces, after numerous reports of killings and drug abuse in the ranks came to light. One agency that has not yet come under scrutiny is the CIA, which is alleged to have indirectly carried out numerous atrocities in Afghanistan through local proxy forces under its command — including the Afghan strike forces whose activities were uncovered by The Intercept.

    A Human Rights Watch report into the same CIA-backed strike force units in 2019 had also documented a string of brutalities carried out by the militias over the previous year, including extrajudicial executions of women and young children. The report highlighted the close role that CIA and U.S. special forces troops played in supporting these units, stating that the strike forces “largely have been recruited, trained, equipped, and overseen by the CIA” and “often have US special forces personnel deployed alongside them during kill-or-capture operations; these US forces, primarily Army Rangers, have been seconded to the CIA.”

    During the Trump administration, the CIA responded to that Human Rights Watch report by stating that its claims were “likely false or exaggerated,” and insisting that it operates according to the rule of law. The Intercept asked the Office of the Director of National Intelligence as to whether the Biden administration would look into the alleged abuses; the ODNI declined to comment and referred back to the CIA’s previous denials.

    The Intercept’s subsequent investigation into the Afghan strike forces revealed that even after Human Rights Watch leveled the accusations against the CIA-backed strike forces, the units continued to carry out atrocities in Afghanistan, including summary executions and torture of civilians. These acts alienated locals and even some Afghan government officials who criticized the brutal and seemingly indiscriminate manner in which they operated. The Taliban for their part claimed that the killings were helping bring more local support to the insurgency, which had coalesced around a shared hatred of the Afghan central government, its security forces, and their foreign allies.

    “The more they terrorize, the more our numbers increase,” Taliban spokesman Zabihullah Mujahid told The Intercept at the time, in reference to the strike force killings. “Such attacks will have no adverse effect on morale of our mujahideen. On the contrary, they have a positive effect.”

    The sudden collapse of the U.S. nation-building effort that poured over a trillion dollars across multiple administrations into an impoverished and broken country reflects a serious failure by the American political elite that is reminiscent of the disastrous war in Vietnam. In both conflicts, the United States fell far short of its strategic objectives and its publicly stated values.

    Prior to its role in Afghanistan, the CIA already had a well-documented history of running proxy forces who carried out crimes against humanity in Vietnam, Laos, and Central America to name a few ugly episodes from its past. The role that its strike forces in Afghanistan played in alienating ordinary Afghans and turning them against the U.S. and its allies is hard to overstate. Interviewed by The Intercept, the victims’ relatives left no uncertainty about how the killings of their family members had left them feeling about the U.S. occupation.

    “We are not in their country,” the brother of two of the boys murdered in the 01 strike force massacre at the school told The Intercept, referring to the United States. “They are in our country and attacking us. I will take revenge for my brothers and all the other innocents killed.”

    The post Seven Months In, Avril Haines Shows No Appetite for Investigating CIA War Crimes appeared first on The Intercept.

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  • Minnesota Rep. Ilhan Omar is calling on President Joe Biden to pardon Daniel Hale, a former Air Force intelligence analyst who leaked top secret documents revealing the inner workings and civilian consequences of the U.S. military’s drone program. Hale was sentenced to nearly four years in prison last month.

    In a letter sent to the White House on Thursday, Omar said the information Hale revealed, “while politically embarrassing to some, has shone a vital light on the legal and moral problems of the drone program and informed the public debate on an issue that has for too many years remained in the shadows.”

    Noting that she takes “extremely seriously the prohibition on leaking classified information,” Omar told the president that several facets of Hale’s case merit a full pardon, which would wipe out his conviction. Those include political motivations on the part of the Trump administration, the absence of any harm caused by Hale’s disclosures, and the responsibility he took for his actions, which she argued were clearly and firmly rooted in the public interest.

    “Mr. Hale served as an intelligence analyst in the Air Force, and after his service, became one of the most outspoken critics of the drone program in which he had participated,” Omar wrote. “In doing so, he joined a proud American tradition of veterans advocating for peace after their service was complete.”

    Hale was sentenced to 45 months behind bars on July 27. In court filings, federal prosecutors strongly implied that The Intercept was the recipient of his leaks. The Intercept, as matter of policy, does not comment on anonymous sources. “These documents revealed the truth about the U.S. government’s secretive, murderous drone war, including that the killing of civilians was far more widespread than previously acknowledged,” Intercept Editor-in-Chief Betsy Reed said at the time. “Whoever brought the documents in question to light undoubtedly served a noble public purpose.”

    Prior his sentencing, Hale delivered an 11-page, handwritten letter to the court outlining the reasons for his leak. He described personally witnessing the killing of civilians in drone strikes in Afghanistan and Yemen, and he detailed how “military age males” killed in such operations are routinely labeled “enemies killed in action” unless proven otherwise.

    “Acknowledging where we’ve gone wrong, and telling the truth about our shortcomings, is not only the right thing to do, but also an act of profound patriotism.”

    Hale’s “motivation, as outlined in his deeply moving letter to the judge in his case, was profoundly moral,” Omar said in her letter to the president. “As you frequently say, the United States should lead not just by the example of our power but by the power of our example,” she wrote. “I implore you to read Mr. Hale’s letter to the judge in full, and I believe you will agree that he was motivated by the same thing. Acknowledging where we’ve gone wrong, and telling the truth about our shortcomings, is not only the right thing to do, but also an act of profound patriotism.”

    Hale’s service in the U.S. military coincided with the first term of the Obama administration, a period of unprecedented expansion in remote U.S. killing operations around the world. According to the U.K.-based Bureau of Investigative Journalism, or TBIJ, Barack Obama oversaw “more strikes in his first year than [George W.] Bush carried out during his entire presidency.” By the time Obama left office, TBIJ estimates that between 384 and 807 civilians had been killed in strikes in Pakistan, Somalia, and Yemen. With Afghanistan included, TBIJ puts the estimated civilian death toll from U.S. drone strikes between 910 to 2,200 individuals, including as many as 454 children, from 2004 to 2020.

    In the wake of Hale’s disclosures and years of advocacy from human rights groups, the Obama administration introduced new requirements for reporting civilian casualties from counterterrorism operations in 2016, which Donald Trump promptly revoked after coming into office. An investigation published this week by Connecting Vets revealed how the loosening of targeting guidelines under the Trump administration led to a staggering rise in civilian casualties in Afghanistan, where the practice that Hale revealed of labeling men killed in drone strikes as “enemies” without evidence remained commonplace as recently as 2019.

    Prosecuted under the Espionage Act, a 1917 law designed to punish foreign spies that the Obama and Trump administrations weaponized against journalistic sources, Hale was prohibited from pointing to his motivations for leaking documents on the drone program as a defense. He pleaded guilty to one count under the act in March. The judge overseeing his case dismissed the remaining four charges with prejudice at sentencing, meaning they can’t be filed again.

    The New York Times reported earlier this summer that the Biden administration was developing a clemency process and that the president is expected to begin issuing pardons or commutations by next fall.

    Hale’s incarceration was preceded by an agonizing multiyear ordeal that featured an FBI raid on his home, long bouts of uncertainty and, for a time, a sense that the Justice Department was uninterested in trying his case.

    “I believe that the decision to prosecute Mr. Hale was motivated, at least in part, as a threat to other would-be whistleblowers.”

    “Although the investigation of Mr. Hale’s leaks began under the Obama Administration, the Obama Department of Justice declined to prosecute him,” Omar noted in her letter. “It wasn’t until 2019, under President Trump, that he was indicted,” she wrote. “We are all well aware of the severe consequences of the Trump Administration’s chilling crackdown on whistleblowers and other public servants who they deemed insufficiently loyal. I believe that the decision to prosecute Mr. Hale was motivated, at least in part, as a threat to other would-be whistleblowers.”

    Hale’s disclosures “did not put any individual in danger,” Omar told the president, echoing a point that a high-ranking CIA expert on classification made in a sworn declaration to the court ahead of Hale’s sentencing. What’s more, Omar added, he “pled guilty and took full responsibility for his actions.”

    “The legal question of Mr. Hale’s guilt is settled, but the moral question remains open,” Omar wrote. “I strongly believe that a full pardon, or at least a commutation of his sentence, is warranted. It is for precisely these cases, where the letter of the law does not capture the complex human judgments in difficult situations, that your pardon authority is at its most useful.”

    The post Rep. Ilhan Omar Calls on Biden to Pardon Daniel Hale for Drone Leak appeared first on The Intercept.

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  • In statements, interviews, and press conferences given since they dramatically swept into power in Kabul this week, high-ranking Taliban officials, not previously known for moderation or pragmatism, have struck a surprisingly conciliatory tone on issues of minority and women’s rights. Taliban officials have posted pictures of themselves visiting religious minorities, including Sikh and Shia Muslim communities, and issued statements claiming that Afghan women will be welcome in both the workforce and higher education under their rule. As part of a broader media blitz, a Taliban spokesman even gave an interview to an Israeli news outlet in which he gave assurances about the safety of the last Afghan Jew in Kabul, though the spokesman, Suhail Shaheen, later indicated that he had been unaware of which news outlet he had been speaking with.

    These reassuring statements, born of the Taliban’s desire for international recognition, have been little comfort to those who remember the history of their last emirate. During their previous time in power in Afghanistan, from 1996 to 2001, the Taliban became international pariahs due to their brutal treatment of women and minorities, destruction of historical landmarks, and harboring of international terrorist groups. Despite recent suggestions that they have changed character, the Taliban’s insistence that they will govern according to their interpretation of Islamic law has renewed fears about what type of social order they plan to impose on the country and how women and minorities will fare under their rule.

    But foreign interlocutors who have spoken with Taliban leaders say that there is an opportunity to use the group’s sincere desire for international legitimacy, as well as their need for economic support, as a means to continue to exert influence on Afghanistan’s future.

    “There is a contradiction between the Taliban’s goal, a very serious goal of being recognized and accepted in international community, and their goal of implementing their idea of Islam,” an analyst who has been in contact with Taliban leadership and requested anonymity due to the sensitivity of the situation told The Intercept. “They cannot do both of these things, and they know that they cannot govern Afghanistan without the support of the international community.”

    “They know that they cannot govern Afghanistan without the support of the international community.”

    In an interview with ABC’s George Stephanopoulos this week, President Joe Biden indicated that the U.S. might extend its presence in Afghanistan beyond a scheduled August 31 withdrawal. Biden also said he believed that the Taliban had not changed their ideological character, despite their claims to the contrary, but suggested that the group might be willing to bend to international opinion out of necessity.

    “I think they’re going through sort of an existential crisis about do they want to be recognized by the international community as being a legitimate government. I’m not sure they do,” Biden said. “But they also care about whether they have food to eat, whether they have an income [that] they can make any money and run an economy. They care about whether or not they can hold together the society that they in fact say they care so much about.”

    Still, some sectors of the U.S. establishment, enraged by the Taliban takeover of Afghanistan and the damning message it sends about the past two decades of nation-building, appear to be in no mood for taking a nuanced approach now. So far this week, the U.S. government has moved to freeze billions of dollars held by the Afghan government in foreign accounts, while the United Kingdom has indicated that economic sanctions against Afghanistan are on the table. During the tenure of former Afghan President Ashraf Ghani, who fled to the United Arab Emirates this week, the U.S. sent weekly dispatches of hard currency to Afghanistan to keep the wheels of government turning. Last week, due to instability, that shipment did not arrive.

    It’s unclear whether American officials have an appetite to continue these payments now that the Taliban are in charge. In a recent discussion on Afghanistan’s financial future, Brookings Institute scholar Vanda Felbab-Brown warned that “if that money is not delivered, if it stops coming, one of the quite rapid economic effects will be that poor people will find it hard to buy food, even just basic survival on a day-to-day basis.”

    Ordinary Afghans once again seem to be at dire risk of being sacrificed to foreign political priorities. But experts on the country who have dealt with the Taliban say that an approach that consists of simply cutting ties or using coercion will only generate more chaos.

    “If you want to use aid conditionality as leverage over the Taliban you need a clear diplomatic strategy — threatening to cut aid before they’ve even formed a government is not how to do it. Promises of aid and recognition should be used get more concessions regarding how they govern,” said Ashley Jackson, co-director of the Centre for the Study of Armed Groups at the Overseas Development Institute and the author of “Negotiating Survival: Civilian-Insurgent Relations in Afghanistan.” “We are hearing a lot of rhetoric now about ‘holding on to gains’ regarding development in Afghanistan, but the reality is that no one will hold on to any gains if aid is cut off. They will disappear, and it won’t have been the Taliban that took them away.”

    KABUL, AFGHANISTAN - AUGUST 19: People do shopping at marketplace in Afghan capital Kabul on August 19, 2021. (Photo by Sayed Khodaiberdi Sadat/Anadolu Agency via Getty Images)

    People stroll through a marketplace in Kabul, Afghanistan, now under Taliban control, on August 19, 2021.

    Photo: Sayed Khodaiberdi Sadat/Anadolu Agency via Getty Images

    Afghanistan today is economically dependent on the international community in very basic ways. A 2019 study by the World Health Organization determined that a staggering 80 percent of the country’s health care system was funded by foreign donors, with a comparable portion of the national budget as a whole also coming from abroad. Former Afghan government officials who spoke with The Intercept confirmed the extent to which the Taliban would need foreign help to continue providing basic services now that they are in power.

    “If the Taliban wants to continue with the current government civil staff structure and existing services such as health, education, and other basics, let alone expand and deliver more services, they will need international aid. The government budget at the start of this year was approximately 6 billion U.S. dollars, and that was still not sufficient to generate economic growth and development,” said Shah Zaman Farahi, who served as an economist in the Afghan Ministry of Finance until last year. “The Taliban will not only need money to cover deficits but also the technical expertise of international organizations and individuals to run the government and manage economic development. In the absence of both, the population will be worse off, and their strategy to win hearts and minds of the people will fail.”

    While noting that over 10 million Afghans are food insecure and several million more are internally displaced, Farahi still recommends a strategy of threatening aid withdrawals and sanctions on Afghanistan as a means of pressuring the Taliban government to modify its behavior on human rights, even if it results in a worsening of conditions in the country.

    “Seizing aid will hurt common Afghans and breaks my heart. It is evil, but a necessary one,” Farahi said. “We must secure fundamental women’s rights and human rights before giving to the Taliban.”

    The Taliban can also draw funds from Afghanistan’s informal economy, the size of which is not known with confidence but which some experts say could provide billions of dollars in annual revenue. Nonetheless, international organizations have warned that an abrupt cessation of foreign aid, let alone imposing international sanctions, would lead to a humanitarian catastrophe in Afghanistan, potentially breeding more radicalism and a massive refugee exodus. Organizations like UNICEF that have had a long-standing presence in Afghanistan have indicated their desire to continue programs in the country, including girls’ education, while welcoming statements from Taliban officials indicating that their operations would not be disrupted.

    “When it comes to things like health care, if that is lost, Afghan women will be the ones hurt most.”

    “The question of humanitarian assistance is a very important one since there are huge problems with health care access and malnutrition in Afghanistan at the moment and the Afghan people are dependent on foreign assistance. We’re currently advising donors not to cut off aid, especially since more than 75 percent of the previous government’s budget was funded by aid money,” said Heather Barr, interim co-director of the Women’s Rights Division at Human Rights Watch. “If you cut off that aid, the people you punish most are not the Taliban. When it comes to things like health care, if that is lost, Afghan women will be the ones hurt most.”

    Throughout its 20-year long occupation of Afghanistan, the U.S. has cited promoting women’s rights as a major justification for its presence in the country — and the issue is already emerging as a political flashpoint as the U.S. withdraws. Though the status of women in most of Afghanistan did not improve much as a result of the U.S. presence, in parts of some cities Afghan women did make significant gains that allowed them to take part in civic life. The return of the Taliban marks a potentially dire turning point for educated urban women. In an attempt to repair their reputation for misogyny, Taliban leaders today are trying to project an image of reform to both Afghans and the international community. In addition to statements that women’s rights would be respected, Taliban officials have released images of themselves meeting with female government employees and asking them to remain in their posts. In a first, a Taliban official this week even gave an on-air interview to a female Afghan television presenter.

    There is reason to be skeptical about how durable these assurances will be in the long run. But given their need for international support, a trust-but-verify approach could be used to work with the Taliban in a manner that preserves the limited but important gains of the past two decades.

    “The jury is out on what these statements from the Taliban that are intended to reassure everyone are supposed to mean. If what they are saying is true and they’re taking a moderate approach to things, that’s good news. But their past behavior gives reason not to be trusted,” said Barr. “The best way to figure out how sincere they are is for them to provide access that allows human rights organizations and the United Nations to monitor what is going on in the country.”

    Added Barr, “It’s important for donors to think about ways they can deliver aid ethically with a Taliban government in place while avoiding funding programs that are abusive or discriminatory. It’s difficult, but I don’t think it’s impossible. Prior to 2001, lots of [nongovernmental organizations] operating in Afghanistan found ways to do it, working with local Taliban leaders and convincing them that the work they were doing was not political and was simply aimed at meeting people’s basic needs.”

    A Marine checks two civilians during processing through an Evacuee Control Checkpoint (ECC) during an evacuation at Hamid Karzai International Airport, Kabul, Afghanistan, Aug. 18. U.S. Marines are assisting the Department of State with an orderly drawdown of designated personnel in Afghanistan. (U.S. Marine Corps photo by Staff Sgt. Victor Mancilla)

    A Marine checks two civilians during processing through an Evacuee Control Checkpoint (ECC) during an evacuation at Hamid Karzai International Airport, in Kabul, Afghanistan, on Aug. 18, 2021.

    Photo: Staff Sgt. Victor Mancilla/U.S. Marine Corps

    The abruptness of the Taliban’s rise to power in Afghanistan this week was shocking not just to the international community and U.S. intelligence officials but also, according to analysts who have been in touch with the group, to the Taliban themselves. The Taliban now find themselves suddenly thrust into a position of grave responsibility, left with the serious question of how to manage the affairs of an impoverished, war-stricken country, as well as their own poor relations with the outside world. Scenes of desperate Afghans attempting to flee the country on U.S. military aircraft underline how deep the challenges go. Avoiding global isolation, repairing their abysmal reputation, and stemming brain drain from the country — a concern that Taliban spokesmen have already raised in public interviews with the press — is no easy task.

    A timely paper published this March by the United States Institute of Peace laid out options for dealing with a future Taliban government, leveraging precisely the group’s desire for outside legitimacy as a means of maintaining stability and basic human rights standards in the country.

    “The Taliban’s quest for recognition and eventual eligibility for aid provides some of the most important leverage that other actors have over them. They reject being labeled as terrorists and seek to be recognized as a legitimate movement and, ultimately, a government or part thereof,” wrote the paper’s author, former State Department official and Afghanistan expert Barnett Rubin. “Entering a genuine political settlement would enable the Taliban to realize their goal of being internationally accepted as partners in ruling Afghanistan, but to do so they would have to make difficult decisions that they have thus far avoided.”

    Among those tough decisions will be how to ensure that their vision of governing Afghanistan can be undertaken without infuriating the rest of the world, ensuring satisfactory power-sharing with other sectors of Afghan society and preventing the country from once again being used as a base for international terrorist groups.

    “The major question is how to best help, or at least do the least harm, to these people that we have abandoned.”

    Jackson, of the Center for the Study of Armed Groups at the Overseas Development Institute, argues that Western powers should adopt a policy of measured engagement with the new government, noting that before the Taliban took power this week, foreign powers had already been willing to pragmatically deal with the group on the ground. Above all, a policy of using incentives instead of pure coercion might lead to a situation that mitigates harm to Afghans while giving the Taliban enough of a stake in the international system to prevent them from once again becoming a destabilizing force.

    “I’m not saying this approach is ideal, but everything has to be guided by what’s the least bad for Afghans at the moment. The major question is how to best help, or at least do the least harm, to these people that we have abandoned,” said Jackson. “If you want to grandstand instead, that’s great. But it’s only going to harm Afghans and lead to a replay of what we saw during the 1990s.”

    The post The International Response to the Taliban’s Ascent Will Shape Afghans’ Fate appeared first on The Intercept.

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