Category: National Security

  • The U.S. military appears unfazed in its inability to account for billions of dollars. On Thursday, the Department of Defense failed its sixth consecutive audit — but hailed its “incremental progress.”

    As the Pentagon budget nears a watershed $1 trillion — the largest of any federal government agency — it has never passed a single one of the annual audits mandated by Congress. In a press briefing, the Department of Defense said it had no timeline for passing an audit.

    “We’ve heard the same platitudes about audit progress for years,” said Julia Gledhill, an analyst at the Project on Government Oversight’s Center for Defense Information. “They’re meaningless, especially since the Pentagon can’t even commit to a timeline for achieving a clean audit.”

    “We’ve heard the same platitudes about audit progress for years. They’re meaningless.”

    Former Pentagon comptroller Thomas Harker, now the secretary of the Navy, had publicly set a deadline of 2027 for a clean audit, but officials have since distanced the military from that timeframe. “Former comptroller Harker signaled 2027 back in 2020, but the department has completely rolled that back,” Gledhill said. “There’s no incentive to improve.”

    Beginning in 2017, the audits are conducted by the Pentagon inspector general along with independent public accounting firms. The Defense Department is auditing $3.8 trillion in assets and $4 trillion in liabilities.

    The Defense Department insists that the latest failure shows growth, a claim for which there does not appear to be any evidence. The Pentagon failed as many of its sub-audits this year as it did last year.

    “We keep getting better and better at it,” deputy Pentagon press secretary Sabrina Singh said of the audit failure during a press briefing Thursday. 

    “I’ll just say that we remain a trusted institution,” Pentagon comptroller Michael J. McCord said during a separate press briefing about the audit. “We’ve made a lot of progress to date.”

    When a reporter pushed back on McCord’s claim, he conceded that the number of unmodified opinions — instances when an auditor concludes a financial statement is presented fairly — was unchanged since last year.

    “It was static from last year,” McCord said, “but we still believe that we have seen signs of progress that are going to get us more favorable in the future.”

    McCord also acknowledged that the number of disclaimers, when auditees provide insufficient documentation to be audited, had increased. 

    Despite these facts, McCord pointed to subtle forms of progress.

    “But yes, what I’m talking about is progress sort of beneath the surface of a pass-fail for the entire Army,” McCord said.

    The Defense Department did not immediately respond to a request for comment.

    President Joe Biden has requested a record $886 billion Pentagon budget for the next fiscal year, a request that the Republican Congress has sought to add another $80 billion to, even as they threaten a government shutdown over what they say is excessive government spending.

    Asked by a reporter when the Pentagon expects to pass an audit, Singh said that she can’t predict the future, but that when the Pentagon did, she would let them know.

    In a nod to the late Bush administration defense chief Donald Rumsfeld, the reporter cracked, “It’s a known unknown.”

    “One the one hand, the Pentagon is far and away the most complex federal agency,” said William Hartung, a senior research fellow at the Quincy Institute for Responsible Statecraft. “But they have been legally required to pass an audit for decades and have clearly not made it a priority.”

    “As long as the money keeps flowing and there are no consequences for failure,” he said, “we can expect the Pentagon to fail audits year after year with no end in sight.”

    The post Pentagon Fails Sixth Audit in a Row, Claiming “Progress Sort of Beneath the Surface” appeared first on The Intercept.

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  • The U.S. military has deployed thousands of troops to the Middle East since Hamas’s surprise October 7 attack on Israel but refuses to disclose the military bases or even host nations of the deployments — not for security reasons, but to spare the host nations embarrassment.

    One such base, the Muwaffaq Salti Air Base in Jordan, welcomed several new F-15 attack jets last month, the same aircraft used to bomb facilities used by Iranian-backed militias in Syria at least twice since October, following attacks on U.S. troops by groups supported by Iran. 

    “A confluence of factors are driving the U.S. and Iran towards a direct military conflict, including the buildup of forces.”

    Despite the hostilities, the Pentagon has declined to acknowledge the base or the military buildup taking place on it for political reasons, even as the growing U.S. presence and increasing activities contribute to rising tensions with Iran.

    “A confluence of factors are driving the U.S. and Iran towards a direct military conflict, including the buildup of forces, the retaliatory actions in Syria by U.S. forces, and Iranian proxies’ provocations,” Bruce Riedel, nonresident senior fellow at the Brookings Institution, told The Intercept. “It is a dangerous situation.”

    Government records reviewed by The Intercept, along with open-source data, reveal that Muwaffaq Salti continues to act as a low-key U.S. military base central to growing tensions with Iran.

    “The main hub for U.S. air operations in Syria is now Muwaffaq Salti Air Base in Jordan, but the American presence is unacknowledged because of host country sensitivities,” said Aaron Stein in a 2021 report by the Foreign Policy Research Institute.

    Named after Jordanian Lt. Muwaffaq Salti, a pilot who died fighting the Israeli air force during a conflict involving the West Bank in 1966, it isn’t hard to see why the U.S. government doesn’t want its presence on the air base public. Jordan, a nation home to over 2 million Palestinian refugees, is being rocked by protests opposing Israel’s military operation in Gaza. 

    “Tit-for-Tat Exchanges”

    As the U.S. spirals toward a potential regional war with Iran that could dwarf the casualties in Israel’s war on Gaza, the American government has withheld from the public knowledge of where U.S. troops are in harm’s way. 

    At the time of this writing, there have been 55 attacks on U.S. service members in Iraq and Syria since October 17, according to the Pentagon, resulting in 59 injuries, including traumatic brain injuries.

    Secretary of Defense Lloyd Austin in a press conference Monday emphasized how unclear the endgame of the attacks is to the U.S. military. 

    “It’s been tit-for-tat exchanges and hard to predict, you know, what will happen going forward,” Austin said.

    Experts say the U.S. deployments may not only fail to deter Iranian attacks, they might invite them.

    “Enlargement of the U.S. military presence in the Middle East increases the risk of armed conflict with Iran because it means more potential points of hostile contact between U.S. troops and armed elements allied with Iran,” Paul Pillar, a nonresident fellow at the Quincy Institute, told The Intercept. “As has been the case with U.S. military components in Iraq and Syria, such a presence serves less as a deterrent than as a convenient target for anyone in the area who wants to strike at the United States.”

    “Undisclosed Location”

    “Yeah, undisclosed location in the Middle East,” Pentagon press secretary Brig. Gen. Pat Ryder told a reporter asking about the location of U.S. troops being deployed to the region during an October press briefing.

    “But nice try,” Ryder taunted. 

    The exchange is representative of the Pentagon’s response to questions from the press about the U.S. military buildup. (The Pentagon did not respond to multiple requests for comment from The Intercept.) 

    “Can we say in some Arab countries or Gulf?” another reporter asked about the deployments.

    “Yeah, I can’t go into specific locations,” Ryder replied. 

    Elias Yousif, a research analyst with the Stimson Center’s Conventional Defense Program, said, “Washington is trying to provide some plausible deniability to host countries at a time when association with the United States is coming to be seen as a political liability.”

    Despite the secrecy, photographs released by the Defense Department showing F-15s landing at what it described as an “undisclosed location” were quickly geolocated by open-source researchers and shown to be Muwaffaq Salti Air Base. 

    “Washington is trying to provide some plausible deniability to host countries at a time when association with the United States is coming to be seen as a political liability.”

    Secrecy runs rampant in U.S. efforts linked to the Israeli war against Palestinians in the Gaza Strip. Little is known about the quantity and nature of the weapons the U.S. military has provided to Israel, despite the Pentagon’s willingness to disclose an itemized list of military support for Ukraine, as The Intercept previously reported

    Clues about Muwaffaw Salti are scattered throughout federal records, including a reference to the base in the annex of a controversial defense cooperation agreement signed by the U.S. and Jordan in 2021. The agreement, which authorizes how the U.S. military is able to operate within the country, was enacted by royal decree, bypassing Jordan’s parliament.

    Even before Israel’s war on Gaza, the U.S. presence in Muwaffaw Salti was expanding. In December 2021, the Pentagon launched a major upgrade to the air base in order to, as Janes Defence Weekly put it, “turn it into a more permanent base.”

    The post Pentagon Won’t Say Where It’s Sending U.S. Troops — to Avoid Embarrassing Host Nations appeared first on The Intercept.

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  • As Israel intensified its attacks on Gaza last week, including strikes against multiple hospitals, and presided over a forced exodus of hundreds of thousands of civilians from their homes, President Joe Biden was asked about the chances of a Gaza ceasefire. “None,” Biden shot back. “No possibility.”

    With a death toll that has now surpassed 11,000 Palestinians, including nearly 5,000 children, the extent of Biden’s public divergence from his “great, great friend” Benjamin Netanyahu’s scorched-earth war of annihilation amounts to meekly worded suggestions of “humanitarian pauses.”

    On Friday, Secretary of State Antony Blinken remarked, “far too many Palestinians have been killed; far too many have suffered these past weeks, and we want to do everything possible to prevent harm to them and to maximize the assistance that gets to them.” These disingenuous platitudes melt into a puddle of blood when juxtaposed with the administration’s actions.

    The Biden administration has funneled weapons, intelligence support, and unwavering political backing for Israel’s public campaign to erase from the earth Gaza’s existence as a Palestinian territory. As Israeli settlers wage campaigns of terror against the Palestinians in the West Bank, the U.S. remained entrenched in its global isolation, voting last week against a U.N. resolution demanding an end to the illegal settlements. The resolution condemned illegal Israeli settlements, calling them “illegal and an obstacle to peace.” The resolution, which passed 145-7, called for “the immediate and complete cessation of all Israeli settlement activities in all of the Occupied Palestinian Territory.” Only five countries joined the U.S. and Israel in voting “no”: Canada, Hungary, the Marshall Islands, Micronesia, and Nauru.

    As the capitals of major world cities have seen massive protests on a scale not registered since the 2003 Iraq invasion, Netanyahu has been on a U.S. media blitz, appearing on Sunday talk shows to cast the stakes of his war “to destroy Hamas” as akin to World War II. “Without it none of us have a future. And it’s not only our war, it’s your war too. It’s the battle of civilization against barbarism,” he said on CNN’s “State of the Union.” “And if we don’t win here, this scourge will pass. The Middle East will pass to other places. The Middle East will fall. Europe is next. You will be next.”

    Netanyahu has brazenly exploited the grief of Israeli citizens whose lives were torn apart on October 7 when Hamas launched a series of coordinated attacks inside Israel. Those raids resulted in the deaths of 846 civilians, 278 Israeli soldiers, and 44 police officers, according to the latest figures provided by Israel. Some family members of the victims, as well as relatives of the 240 hostages taken by Hamas and other militant groups — among them infants and the elderly — have emerged as some of the most vocal critics of Netanyahu’s government. A small number have spoken out against his attacks on Gaza, though their voices are largely drowned out by pro-war voices in Western media coverage.

    “I beg you, I beg also my government, and the pilots and soldiers, who may be called to go into Gaza. Don’t agree. Protect the area around the Gaza Strip, but don’t agree to go in and kill innocent people,” said Noy Katsman, whose older brother Hayim was killed on October 7 at the kibbutz he had lived on for a decade. Maoz Inon’s parents were also killed that day. “Today, Israel is repeating an old mistake it made many times in the last century. We must stop it,” Inon wrote. “Revenge is not going to bring my parents back to life. It is not going to bring back other Israelis and Palestinians killed either. It is going to do the opposite. It is going to cause more casualties. It is going to bring more death.”

    Over the past month, Biden has cast doubt on the extent of Palestinian civilian deaths, defended Netanyahu’s violent extremist agendas, and made clear that the U.S. position amounts to this: collectively punishing Palestinians for the actions of Hamas falls under the doctrine of “self-defense.” Biden has stood by Israel as government officials have openly described an agenda of ethnically cleansing Palestinians, proclaiming a “Gaza Nakba,” threatening to do to Beirut what Israel has done to Gaza, labeling hospitals and ambulances “legitimate military targets,” accusing U.N. workers of being Hamas and journalists of being “accomplices in crimes against humanity.” More than 100 U.N. workers and at least 40 journalists and media workers have been killed in Gaza since October 7. Approximately one in 200 Palestinians have died in Gaza since the start of Israel’s attacks.

    National security adviser Jake Sullivan, when asked Sunday on CNN if Israel is abiding by the rules of war, replied, “I’m not going to sit here and play judge or jury on that question. What I’m going to do is state the principle of the United States on this issue, which is straight forward: Israel has a right, indeed a responsibility, to defend itself against a terrorist group.” The U.S. is simultaneously increasing the flow of weapons to Israel — and Biden proposed $14.5 billion in additional military assistance — while its senior national security official cannot state whether Israel is conducting operations in contravention of international law.

    Keenly aware of the growing opposition to Israel’s war at home and abroad, and even within his own administration, Biden and his advisers have sought to push a narrative that they are seeking to moderate Israel’s tactics. They make sure the U.S. press know that Biden had urged against a full-scale ground invasion, proposed limited pauses to the bombing, and expressed concerns about the humanitarian crisis for Palestinian civilians. On Monday, after days of relentless Israeli attacks on Gazan hospitals and desperate pleas from international doctors and health and aid organizations, Biden finally addressed the issue, but only after being directly asked. “Hospitals must be protected,” he said in response to a question from the press. “My hope and expectation is that there will be less intrusive action relative to hospitals.”

    The White House’s mounting effort to spin itself as being concerned about civilian deaths and doing all it can to urge Israel to avoid massacring civilians on an industrial scale is an effort to obfuscate the U.S. role as Israel’s central ally enabling this slaughter. It is a grotesque parlor game that only works if facts and history don’t matter. And in Biden’s case, that history is extensive.

    NEW YORK, UNITED STATES - 2023/11/09: Students, teachers, and pro-Palestinian allies march through Midtown Manhattan during a Student Walkout protest calling for a ceasefire between Israel and Hamas. Since October 7, the Israeli army's bombardment of the Palestinian enclave, in retaliation for the Hamas attack on Israel that killed over 1,400 people, has seen thousands of buildings razed to the ground, more than 10,000 people killed and 1.4 million displaced whilst Gaza remains besieged. (Photo by Michael Nigro/Pacific Press/LightRocket via Getty Images)
    Students, teachers, and Palestine solidarity allies call for a ceasefire between Hamas and Israel during a student walkout in Manhattan on Nov. 9, 2023.
    Photo: Pacific Press/LightRocket via Getty Images

    Support for Israel’s Wars

    For 50 years, Biden has been consistent in his support for Israel’s wars against the Palestinians. Time and again he has backed and facilitated campaigns of terror waged by a nuclear power against a people who have no state, no army, no air force, no navy, and an almost nonexistent civilian infrastructure. As Gaza burns in a smoldering pyre of death and destruction, 80-year-old Biden may be overseeing the final act in his devotion to Israel’s most extreme agenda. His legacy should be forever haunted by the names of the dead children of Gaza, thousands of whom have died in a matter of weeks under the hellfire of U.S.-manufactured weapons and support.

    Biden has been in public office longer than almost any U.S. politician in history. His career in the U.S. Senate began on the eve of the 1973 Arab–Israeli war when he traveled to meet Israeli Prime Minister Golda Meir. “I sat across the desk for an hour as she flipped those maps up and down, chain smoking, telling me about the [1967] Six Day War,” Biden said. He called it “one of the most consequential meetings I’ve ever had in my life.” But, as has been in the case with more than a few of Biden’s vignettes about his central role in historical events, in his numerous and varied retelling of that story, he seems to have exaggerated how important that meeting was to Meir and the Israelis.

    Over the ensuing decades and up to the current horrors being inflicted on the people of Gaza, Biden has operated as one of the staunchest promoters of Israel’s colonialist agenda, often defending Israel’s disproportionate use of force, collective punishment, and at times outright massacres. “Were there not an Israel, the United States would have to invent an Israel to protect her interests in the region,” Biden said on the Senate floor in 1986. He repeated that same line earlier this year during a July visit by Israeli President Isaac Herzog to Washington. During Biden’s trip to Israel last month, as Israel intensified its attacks on Gaza and the civilian death toll skyrocketed, he told Netanyahu and his war cabinet, “I don’t believe you have to be a Jew to be a Zionist, and I am a Zionist.”

    Building support for Israel’s military might and funneling money and political support to Israel has been a central component of Biden’s career-long foreign policy agenda. He is fond of calling himself “Israel’s best Catholic friend.” In 2016, during a visit to Israel, Netanyahu heaped praise on Biden, then vice president. “The people of Israel consider the Biden family part of our family,” he said. “I want to thank you personally for your, for our personal friendship of over 30 years. We’ve known each other a long time. We’ve gone through many trials and tribulations. And we have an enduring bond that represents the enduring bond between our people.”

    There is one story from these decades of Biden’s dedication to Israel that seems eerily prescient given the bloodbath playing out in Gaza right now. It took place early in the Israeli invasion of Lebanon in 1982. In public, Biden was neither a cheerleader for the invasion nor an opponent. But in a private meeting of the Senate Foreign Relations Committee with Prime Minister Menachem Begin in June 1982, Biden’s support for the brutality of the invasion appeared to outstrip even that of the Israeli government.

    As the Israeli prime minister was grilled in the Senate over Israel’s disproportionate use of force, including the targeting of civilians with cluster bomb munitions, Biden, in Begin’s words, “rose and delivered a very impassioned speech” defending the invasion. Upon his return to Israel, Begin told Israeli reporters he was shocked when Biden “said he would go even further than Israel, adding that he’d forcefully fend off anyone who sought to invade his country, even if that meant killing women or children.” Begin said, “I disassociated myself from these remarks,” adding, “I said to him: No, sir; attention must be paid. According to our values, it is forbidden to hurt women and children, even in war. Sometimes there are casualties among the civilian population as well. But it is forbidden to aspire to this. This is a yardstick of human civilization, not to hurt civilians.”

    Coming from Begin, the comments were striking, because he had been notorious as a leader of the Irgun, a militant group that carried out some of the worst acts of ethnic cleansing accompanying the creation of the state of Israel, including the 1948 Deir Yassin massacre. The details of his exchange with Biden about Lebanon did not receive attention in the U.S. press. Instead, the New York Times focused on what it termed the “bitterest exchange” between Biden and Begin over the issue of Israeli settlements, which Biden opposed because, he said, it was hurting Israel’s reputation in the U.S. “He hinted — more than hinted — that if we continue with this policy, it is possible that he will propose cutting our financial aid,” Begin alleged.

    Over the years, Biden has referenced this confrontation when explaining his opposition to the expansion of Israeli settlements in the West Bank as a disagreement among very good friends. Biden has long argued that these expansions undermine prospects for a peace agreement between Israel and the Palestinians, though his rhetoric has often been contradicted by his actions, as was the case with his opposition to last week’s U.N. vote labeling the settlements illegal.

    US Vice President Joe Biden speaks at the American Israel Public Affairs Committee?s (AIPAC) annual policy conference at the Walter E. Washington Convention Center in Washington, DC, May 5, 2009. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP via Getty Images)
    U.S. Vice President Joe Biden speaks at the American Israel Public Affairs Committee’s annual policy conference in Washington, D.C., on May 5, 2009.
    Photo: Saul Loeb/AFP via Getty Images

    “Innocents Got Killed”

    In the 1990s, as Biden solidified his reputation as a top foreign policy senator, he often helped shepherd legislation and funding packages to Israel that human rights groups and international aid organizations said would hinder efforts at brokering lasting peace and further entrench the state of apartheid imposed on millions of Palestinians in the West Bank and Gaza.

    Biden was an early proponent of moving the U.S. Embassy in Israel to Jerusalem, a move that finally took place in 2018 under the Trump administration. In 1995, Biden helped pass a Senate resolution demanding that the embassy be moved by May of that year. Despite objections that it would harm ongoing Israeli–Palestinian peace talks by deciding a key issue by fiat, Biden said the move would send a positive signal to the region. “To do less would play into the hands of those who would do their hardest to deny Israel the full attributes of statehood,” Biden said.

    In 2001, following rare public criticism from the Bush administration directed at Israel’s policy of assassinating suspected Palestinian militants, Biden defended Israel’s right to carry out such killings and even rebuked President George W. Bush for criticizing them. “My view has always been that disagreements between Israel and the United States, those differences should be aired privately, not publicly,” Biden said. He also defended the legality of targeted killings, which at the time were considered highly questionable by legal experts for occurring outside a declared conflict. “I don’t believe this is a policy of assassinations,” Biden said, referring to the targeting of suspected Hamas members. “There is in effect a declared war, a declaration by an organization that has said its goal is to do as much as it can to kill Israeli civilians.”

    In July 2006, Israel was bombing both Gaza and southern Lebanon, with Biden cheering it on. The Israelis, Biden said on MSNBC, “have in both cases, both in Gaza and in southern Lebanon, done the right thing.” In the face of international condemnations of Israel’s brutality in its attacks, Biden defended Israel. “I find it fascinating — people talk about, ‘Has Israel gone too far?’ No one talks about whether Israel’s justified in the first place,” he said on “Meet the Press.” Unless critics of Israel recognize that it was a victim of terrorism, he said, “I think it’s awful — I think it’s a secondary question whether Israel’s gone too far.”

    Biden said his “only criticism of the Israelis is they’re not that great at public relations.” He compared Israel’s attacks on Gaza and Lebanon to the U.S. invasion and occupation of Afghanistan after the September 11 attacks. “It’s a little bit like the same thing we had when we went into Afghanistan,” Biden said at a press conference in July 2006. “We went into Afghanistan, remember, we took out a wedding party by accident? Remember, we took out — with these very sophisticated missiles we had, we accidentally killed some citizens? Was ever a war more justified than us going into Afghanistan? I can’t think of any war since World War II more justified. Yet innocents got killed in us trying to protect America’s interests.” By August 2006, more than 1,000 people were killed in Israel’s war against Lebanon, and UNICEF estimated that 30 percent of the casualties were children.

    During his time as vice president, Biden often played the role of placating his friend Netanyahu who famously loathed President Barack Obama. During those eight years, Obama largely maintained long-standing U.S. posture of showering Israel with weapons and other aid despite repeated political spats with Netanyahu, most prominently over Iran and Israeli settlements. During numerous episodes when Israel unleashed gratuitous violence, drawing international condemnation, Biden served as Israel’s most prominent American defender.

    In the early summer of 2010, a group of mostly Turkish activists attempted to deliver a flotilla of humanitarian aid to the besieged Gaza Strip. The attempt was interdicted by the Israeli military, which launched a raid on one ship that resulted in the deaths of nine people, including one American citizen. The raid triggered an international outcry and led to a diplomatic crisis between Israel and Turkey, while drawing further attention to the civilian impact of the ongoing Israeli siege of Gaza.

    Biden took the lead in defending the raid to the U.S. public. In an interview with PBS, he described the raid as “legitimate” and argued that the flotilla organizers could have disembarked elsewhere before transferring the aid to Gaza. “So what’s the big deal here? What’s the big deal of insisting it go straight to Gaza?” Biden asked about the humanitarian mission. “Well, it’s legitimate for Israel to say, ‘I don’t know what’s on that ship. These guys are dropping eight — 3,000 rockets on my people.’” No weapons were ever found on the ship, only humanitarian supplies. Amid the fury that the raid generated and the muted response from Obama, Biden’s remarks were welcomed by AIPAC spokesperson Josh Block, who said at the time, “We appreciate the many strong statements of support for Israel from members of Congress and the vice president today.”

    After the 2014 Gaza war — a seven-week Israeli ground invasion that killed more than 2,000 Palestinians (two-thirds of them civilians) and caused widespread displacement and destruction of civilian infrastructure — Biden boasted of how the Obama administration had “steadfastly stood before the world and defended Israel’s right to defend itself,” declaring, “We have an obligation to match the steel and the spine of the people of Israel with an ironclad, nonnegotiable commitment to Israel’s physical security.”

    In May 2021, a few months into Biden’s presidency, Israel intensified its ethnic-cleansing campaign against Palestinians in East Jerusalem, forcibly evicting people from their homes to hand them over to Israeli settlers. The incendiary situation was then exacerbated during a Ramadan siege by Israeli forces at one of the holiest sites in Islam, Al Aqsa mosque in Jerusalem. In response, Hamas began launching rockets into Israel. Netanyahu retaliated by ordering a massive 11-day bombing campaign against Gaza, striking residential buildings, media outlets, hospitals, and a refugee camp.

    As the civilian death toll among Palestinians began to rise, Ned Price, the State Department spokesperson, characterized the operation as Israel exercising its right to self-defense. When he was then asked whether the principle of self-defense also applied to Palestinians, he struggled to answer before saying, “Broadly speaking, we believe in the concept of self-defense. We believe it applies to any state.” When Matt Lee of The Associated Press pointed out that Palestinians do not have a state, Price said, “I’m not in a position to debate the legalities from up here.”

    More than 250 Palestinians died during Israel’s siege, including dozens of children. More than 70,000 Palestinians were displaced. Throughout the bombing, the U.S. staunchly defended Israel’s disproportionate attacks, with Biden declaring on May 16, “there has not been a significant overreaction” from Israel before pivoting to condemn Hamas’s firing of rockets into civilian areas of Israel.

    GAZA CITY, GAZA - NOVEMBER 8: Palestinians who left their houses and live at the Nassr hospital, are trying to feed their children during food shortages as the Israeli attacks continue in Gaza City, Gaza on November 8, 2023. (Photo by Abed Zagout/Anadolu via Getty Images)
    Displaced Palestinians at Nassr hospital try to feed their children during food shortages on Nov. 8, 2023.
    Photo: Abed Zagout/Anadolu via Getty Images

    Evidence of Genocidal Intent

    Following Hamas’s horrifying attacks on October 7, Biden and his administration have defended Israel’s mass bombardment of Gaza, and U.S. weapons shipments have been accelerated. Biden called his proposal for additional military support an “unprecedented commitment to Israel’s security that will sharpen Israel’s qualitative military edge,” saying, “We’re going to make sure other hostile actors in the region know that Israel is stronger than ever.”

    This crisis has undoubtedly solidified Biden’s legacy as one of the premiere American defenders of Israel’s crimes, including disproportionate attacks against an overwhelmingly defenseless civilian population, in the history of U.S. politics.

    In an alternate reality — one where the rule of law is applied equally to all states — Israeli leaders would likely face war crimes charges for the razing of Gaza. Leading genocide scholars and international law experts have cited the statements of Israeli officials about the aims of their operations in Gaza as potential evidence of “genocidal intent.” A coalition of international lawyers representing Palestinian rights groups has already petitioned the International Criminal Court to open a criminal inquiry and issue arrest warrants for Netanyahu and other officials.

    Such attempts at accountability should not focus solely on Israeli leaders, according to some U.S. constitutional law organizations. The U.S. is Israel’s premiere bankroller and arms dealer, not to mention its political defender. There are several U.S. laws and treaties that prohibit support for, and failure to prevent, genocidal activities. Among these is the Genocide Convention Implementation Act, signed into law in 1988. Its sponsor? A senator named Joe Biden.

    On Monday, the Center for Constitutional Rights filed a federal lawsuit on behalf of Palestinians in Gaza seeking to block the Biden administration from providing further military aid to Israel. The suit names Biden, Blinken, and Defense Secretary Lloyd Austin. “They have continued to provide both military and political support for Israel’s unfolding genocidal campaign while imposing no red lines,” said Katherine Gallagher, one of the lawyers who filed the case. “The United States has a clear and binding obligation to prevent, not further, genocide. They have failed in meeting their legal and moral duty to use their considerable power to end this horror. They must do so.”

    It is unfathomable, given the current world order, that any meaningful legal accountability will be served on U.S. or Israeli leaders. But on a moral level, it is important to remember these legal efforts to confront the slaughter and the complicity of Biden and other Western leaders. The U.S.-enabled horrors of the past five weeks should remain a bloody, permanent stain on the fabric of Biden’s political career and legacy. Among the U.S. political elite, it will simply be noted as Biden doing his job.

    The post Biden’s Legacy Should Be Forever Haunted by the Names of Gaza’s Dead Children appeared first on The Intercept.

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  • This story was supported by the Pulitzer Center.

    Nearly a century ago in Nicaragua, American Marines in an armed propeller plane spotted a group of civilian men chopping weeds and trimming trees far below. Convinced that something nefarious was underway, they opened fire. The U.S. never bothered to count the wounded and dead.

    Four decades later in Vietnam, American troops hovering above a group of woodcutters grew unnerved when the men, women, and children failed to look up. Without provocation, the Americans unleashed rockets and machine-gun fire. Eight of the nine civilians below were killed.

    For hours in 2021, Americans peered down at a man driving through the Afghan capital of Kabul and convinced themselves that he was a terrorist. They launched a missile that killed him and nine other civilians, including seven children.

    In each instance, Americans displayed clear signs of confirmation bias, in which people seek information that reinforces their preexisting beliefs. The same failings contributed to a 2018 drone strike in Somalia that killed at least three, and possibly five, civilians, including 22-year-old Luul Dahir Mohamed and her 4-year-old daughter Mariam Shilow Muse.

    Over the last century, the U.S. military has shown a consistent disregard for civilian lives. It has repeatedly cast or misidentified ordinary people as enemies; failed to investigate civilian harm allegations; excused casualties as regrettable but unavoidable; and failed to prevent their recurrence or to hold troops accountable. These long-standing practices stand in stark contrast to the U.S. government’s public campaigns to sell its wars as benign, its air campaigns as precise, its concern for civilians as overriding, and the deaths of innocent people as “tragic” anomalies. Such campaigns have mainly served to obscure the true toll of the American way of war, from the “banana wars” of the 1920s to the “forever wars” a century later.

    A Stunning Reversal

    Prior to World War II, the growing trend of “terror bombing” in conflicts across China, Ethiopia, and Spain outraged Americans. In 1937, President Franklin Roosevelt lamented that “without warning or justification of any kind, civilians, including vast numbers of women and children, are being ruthlessly murdered with bombs from the air.”

    Soon after, however, the military embraced policies that put civilians at grave risk. During World War II, a British bombing raid on Dresden, Germany, created a firestorm that ripped through the city, suffocating and cooking people alive. A second British wave was followed by hundreds of U.S. bombers. All told, 25,000 to 35,000 people were incinerated. Confronted with “terror bombing” allegations after the attack, the head of U.S. Army Air Forces protested that war “must be destructive and to a certain extent inhuman and ruthless.” Roughly 600,000 German civilians were killed in air raids during the war. 

    In Japan, the U.S. attacked 67 cities, burning 180 square miles, killing more than 600,000 civilians, and leaving 8.5 million homeless. The massive death and destruction led Secretary of War Henry Stimson to worry that the United States would “get the reputation of outdoing Hitler in atrocities.” Nonetheless, Stimson signed off on an atomic strike on the city of Hiroshima that killed 140,000 people, mostly civilians, and another on Nagasaki, killing an estimated 70,000. The United States has never compensated those victims’ families or survivors of the attacks.

    At war in Korea not long after, Gen. Douglas MacArthur declared that every city and village in the north was to be destroyed. And they were. Air Force Gen. Curtis LeMay later bragged that the U.S. had “killed off over a million civilian Koreans and drove several million more from their homes.”

    The amount of ordnance dropped on Korea was dwarfed by the 30 billion pounds of munitions the U.S. expended in Southeast Asia during the 1960s and 1970s. Years before the war’s end, South Vietnam was already pockmarked with an estimated 21 million craters, some more than 20 feet across. In neighboring Cambodia, between 1969 and 1973, U.S. attacks killed as many as 150,000 civilians. The United States also pounded tiny Laos with more than 2 million tons of munitions, making it, per capita, the most heavily bombed country in history.

    Key elements of America’s destructive brand of air war echo into the present. In recent weeks, Israeli officials have repeatedly justified attacks on Gaza by citing methods employed by the United States and its allies against Germany and other Axis powers during World War II. The United Nations has said “there is already clear evidence that war crimes may have been committed” by the Israeli military and Hamas militants. Israel has also embraced the use of “free-fire zones” — which the U.S. employed to open wide swaths of South Vietnam to almost unrestrained attack, killing countless civilians — in Gaza.

    “We Didn’t Have All the Information”

    A strike cell analyst who watched live video feeds from drones and helped make decisions about airstrikes offered The Intercept unprecedented insights about the U.S. air war in Somalia. He explained that, as Americans watch targets from the sky, a series of “wickets” — such as the absence of civilians or a potential target seen associating with a “known bad guy” — must be achieved before launching a strike. “When I was in Afghanistan, you normally had to hit five wickets, and in Africa, these ‘wickets’ were lessened,” he said. “I never really figured out what was a go or no-go in Somalia. It seemed to be all over the place. We often didn’t have all the information that we should have had to conduct a strike.”

    A General Atomics MQ-9 Reaper unmanned aerial vehicle drone performs a fly-over during the Bastille Day military parade on the Champs-Elysees avenue in Paris on July 14, 2022. (Photo by Ludovic MARIN / AFP) (Photo by LUDOVIC MARIN/AFP via Getty Images)
    The U.S. military employs MQ-9 Reaper drones, like the one pictured above, to conduct strikes against high-value targets in Somalia and elsewhere around the world. Attacks by these drones have also killed an unknown number of civilians.
    Photo: Ludovic Marin/AFP via Getty Images

    When the strike cell analyst counted the civilians he knew the U.S. had killed and compared that tally with publicly announced figures, he said, “the numbers just didn’t add up.” Once, he recalled, the commandos he worked with pressured him to conduct a drone strike he was sure would endanger civilians. He refused to label the people he saw “adult-age males,” which would have allowed an air attack, he said. That forced them to conduct a ground operation against members of the terror group al-Shabab and saved some lives, but not all. “We knew that we killed two al-Shabab, but we also knew that we killed civilians,” he said, having watched video of the mission in real-time. “And nothing happened with that at all. I was really shocked by that. I thought we were going to be put under investigation, and I was going to have to go before some type of board. But nothing came of it.”

    During the first 20 years of the war on terror, the U.S. conducted more than 91,000 airstrikes across seven major conflict zones — Afghanistan, Iraq, Libya, Pakistan, Somalia, Syria, and Yemen — and killed up to 48,308 civilians, according to a 2021 analysis by Airwars, a U.K.-based airstrike monitoring group. 

    2020 study of post-9/11 civilian casualty incidents found most have gone uninvestigated. When they do come under official scrutiny, American military witnesses are interviewed while civilians — victims, survivors, family members — are almost totally ignored, “severely compromising the effectiveness of investigations,” according to the Center for Civilians in Conflict and Columbia Law School’s Human Rights Institute. That was the case with the 2018 Somalia strike that killed Luul and her daughter Mariam.

    “It is unacceptable that in this strike and so many others, civilian survivors and families continue to struggle to get any kind of acknowledgment from the United States. The Department of Defense should urgently make long-overdue amends in consultation with the family,” said Annie Shiel, CIVIC’s U.S. advocacy director. “The family and the public at large also deserve transparency into the basis for this strike in the first place and how and why it resulted in the horrific deaths of a civilian mother and her young child.”

    The post For a Century, the American Way of War Has Meant Killing Civilians appeared first on The Intercept.

    This post was originally published on The Intercept.

  • This story was supported by the Pulitzer Center.

    Mogadishu, SOMALIA — Mariam Shilow Muse was born in the springtime. When relatives dropped by, the bright-eyed 4-year-old bolted through the yard and beyond the fence to greet them. When her father came home, she smothered him with hugs.

    In late March 2018, Mariam’s mother, 22-year-old Luul Dahir Mohamed, planned to visit her brother to see his children for the first time, and Mariam insisted on coming along to meet her young cousins. Luul’s brother had planned to pick them up, but Luul couldn’t reach him by phone, so on the morning of April 1, she and Mariam caught a ride with some men in a maroon Toyota Hilux pickup.

    That same afternoon, as Luul’s brother Qasim Dahir Mohamed was on his way to pick up his sister and niece, he passed the maroon Toyota pickup. He noticed mattresses and pillows in the bed and, at the last second, caught sight of Luul, with Mariam on her lap, in the passenger seat. He waved and honked, but the truck kept going. 

    Qasim’s phone wasn’t working, so he decided to drive on to El Buur, where Luul and Mariam had just spent the night, to see other relatives before returning home to welcome his sister and niece. Seconds after he reached the house, Qasim heard the first explosion, followed by another and, after a pause, one more blast.

    Key Takeaways
    • The Intercept is publishing, for the first time, a Pentagon investigation of civilian deaths from a drone strike in Africa.
    • The probe acknowledged that a woman and child were killed in a 2018 attack in Somalia but found that standard operating procedures were followed.
    • After months of “target development,” a secret U.S. task force rushed to annihilate perceived enemies in a war Congress didn’t declare, mistaking a woman and child for an adult male. They never even knew how many people they killed.
    • The strike was conducted under loosened rules of engagement approved by the Trump White House, and no one was ever held accountable for the civilian deaths.
    • The Pentagon expressed doubt that the victims’ identities would ever be known. But in Mogadishu this spring, seven members of their family told The Intercept that, despite multiple pleas, they have never received compensation or an apology from the U.S.

    This is a story about missed connections, flawed intelligence, and fatal blindness, about Americans misreading what they saw and obliterating civilians they didn’t intend to kill but didn’t care enough to save. In rural Somalia, cellphones often fail because the militant group al-Shabab forces the local carrier to suspend service to thwart informants and government eavesdropping. But after the explosions, the telecom immediately restored service. Qasim began calling Luul, but her phone rang endlessly.

    The news spread fast: A drone strike had hit a pickup carrying mattresses. Qasim and one of his brothers started driving toward the site of the attack. They were the only ones on the road and his brother demanded they stop, Qasim told me when we met recently in Somalia’s capital, Mogadishu. It was too dangerous, the brother said. What if they were targeted by another strike? “I told him that I didn’t care,” Qasim recalled.

    Qasim wasn’t the only person to spot the Toyota pickup that day. In a military joint operations center that the U.S. government refuses to identify, members of a Special Operations task force that officials won’t name watched live footage that they declined to release of everyone who entered the Hilux. They recorded and scrutinized it, chronicling when each “ADM” — or adult male — got in or out, where they walked and what they did. The Americans logged these minute details with a pretense of precision, but they never understood what they were seeing.

    For all their technology and supposed expertise, the Americans were confused, and some were inexperienced, according to a Pentagon investigation obtained by The Intercept via the Freedom of Information Act. The inquiry is the first such document to be made public about a U.S. drone strike in Africa. It reveals that after months of “target development,” the Americans suddenly found themselves in a mad rush to kill people who posed no threat to the United States in a war that Congress never declared. They argued among themselves about even the most basic details, like how many passengers were in the vehicle. And in the end, they got it wrong. The Americans couldn’t tell a man from a woman, which might have affected their decision to conduct the strike. They also missed the 4-year-old child whose presence should have caused them to stand down.

    The Intercept obtained this AR 15-6 investigation of the drone strike that killed of Luul Dahir Mohamed and Mariam Shilow Muse, along with supporting documents, via the Freedom of Information Act. It is the first report of its kind to be released about a U.S. drone strike in Africa.

    In the joint operations center, the Americans quickly realized their initial strike had failed to kill all the passengers and decided to eliminate what the investigation file refers to as a sole “survivor running away from vehicle post the first engagement.” But the “survivor” was actually two people: Luul and Mariam. Seconds later, another missile screamed down from the sky.

    “It seemed like they did everything wrong,” said an American drone pilot who worked in Somalia and examined the investigation file at The Intercept’s request.

    When Qasim found the Toyota, the roof was torn open, the bed was smashed, and the mattresses and pillows were aflame. Four men were dead inside and another young man lay lifeless in the dirt nearby. There was no sign of Luul or Mariam.

    About 200 feet away, Qasim found what remained of Luul. Her left leg was mangled, and the top of her head was missing. She died clutching Mariam, whose body was peppered with tiny shards of shrapnel.

    Qasim tore off a swath of his sarong and began gathering up small pieces of his sister. Stunned and grieving, he spent hours searching for fragments of her body along the dirt road, working by the glare of his car’s headlights as the sky darkened. Finally, he bundled Luul’s and Mariam’s remains and brought them home. Luul’s body was so mutilated that it was impossible to properly wash, as is required in Islam. Instead, he wrapped her with care in a shroud and buried Luul and Mariam together in a village cemetery. The next day, locals living near the strike site called Qasim. They had found the top of Luul’s skull, complete with hair and a delicate gold teardrop dangling from one ear.

    That same day — April 2 — U.S. Africa Command, or AFRICOM, announced it had killed “five terrorists” and destroyed one vehicle and that “no civilians were killed in this airstrike.” The Somali press immediately said otherwise. By the following month, the task force had appointed an investigating officer to sort it all out. He quickly determined that his unit had killed an “adult female and child” but expressed doubt that their identities would ever be known. 

    From left to right: Shilow Muse Ali, the father of 4-year-old Mariam Shilow Muse and husband of 22-year-old Luul Dahir Mohamed, both of whom were killed in a U.S. drone strike in 2018; Luul’s father and Mariam’s grandfather, Dahir Mohamed Abdi; and Luul’s brothers and Mariam’s uncles Qasim Dahir Mohamed, Ahmed Dahir Mohamed, Hussein Dahir Mohamed, and Abdi Dahir Mohamed, in Mogadishu, Somalia, on May 10, 2023.
    Photo: Omar Abdisalan for The Intercept

    “We Can Do Whatever We Want”

    The exclusive documents and interviews with more than 45 current and former U.S. and Somali military personnel and government officials, victims’ relatives, and experts offer an unprecedented window into the U.S. drone war in Somalia, an investigator’s efforts to excuse the killing of a woman and child, and a “reporting error” that kept those deaths secret for more than a year from Congress, the press, and the American people. The Intercept’s investigation reveals that the strike was conducted under loosened rules of engagement sought by the Pentagon and approved by the Trump White House, and that no one was ever held accountable for the civilian deaths.

    “Ultimately, this is just one of many tragedies caused by the U.S. military’s systemic failure to adequately distinguish civilians from combatants, to own up to its deadly mistakes, to learn from them, and to provide assistance to survivors,” Daphne Eviatar, director of the Security With Human Rights program at Amnesty International USA, told The Intercept. “The failure to adequately distinguish civilians from combatants isn’t just tragic. It’s also a violation of international law and completely undermines U.S. counterterrorism strategy.” 

    More than five years after the strike, Mariam and Luul’s family has not been contacted by any U.S. official or received a condolence payment. Over two days this spring, I met with eight of their relatives in Mogadishu. They spoke about Mariam’s wide smile, Luul’s nurturing role as a sister and mother of two, and the terror that haunts Luul’s surviving son. Their anguish and outrage were palpable, particularly when I showed them the findings of the formerly secret U.S. investigation.

    If the Somali military had killed Americans in similar circumstances, Abdi Dahir Mohammed, another of Luul’s brothers, told The Intercept, “the United States would have reacted and the Somali government would have reacted. The pain that Americans would feel is the pain that we feel. They know innocent people were killed, but they’ve never told us a reason or apologized. No one has been held accountable. We’ve been hurt — and humiliated.”

    The attack was the product of faulty intelligence as well as rushed and imprecise targeting carried out by a Special Operations strike cell whose members considered themselves inexperienced, according to the documents. The secret investigation led to an admission that civilians were killed and a strong suggestion of confirmation bias: a psychological phenomenon that leads people to cherry-pick information that confirms their preexisting beliefs. Despite this, the investigation exonerated the team involved.

    “The strike complied with the applicable rules of engagement,” wrote the investigator. “[N]othing in the strike procedures caused this inaccurate [redacted] call.” Luul’s husband and Mariam’s father, Shilow Muse Ali, seemed staggered as he tried to process those words. “The attack was horrible and their response was horrible. I lost a wife and a child,” he told The Intercept. “But I cannot understand the explanation in the investigation. How can you admit that you killed two civilians and also say the rules were followed?”

    “How can you admit that you killed two civilians and also say the rules were followed?”

    AFRICOM declined to answer The Intercept’s questions about the attack or civilian casualties in general. When the command finally admitted the killings in 2019, AFRICOM’s then-commander, Gen. Thomas Waldhauser, said it was “critically important that people understand we adhere to exacting standards and when we fall short, we acknowledge shortcomings and take appropriate action.”

    Some who took part in America’s drone war in Somalia dispute that. “When I went to Africa, it seemed like no one was paying attention,” the drone pilot and strike cell analyst, who served in Somalia the year Luul and Mariam were killed, told The Intercept. He spoke on the condition of anonymity due to government secrecy surrounding U.S. drone operations. “It was like ‘We can do whatever we want.’ It was a different mindset from the Special Forces I worked with in Afghanistan. There was almost no quality control on the vetting of the strikes. A lot of safeguards got left out.”

    Those safeguards began to evaporate once Donald Trump took office in 2017, and their absence was soon felt across Africa and the Middle East. Under international law, governments cannot kill people they deem to be enemies outside of recognized battlefields if they do not pose an imminent danger or can be stopped another way. But just days after Trump entered the White House, the Pentagon reportedly asked for parts of Somalia to be declared an “area of active hostilities,” allowing the military to employ looser, war-zone targeting despite the lack of a congressional declaration of war. “It allows us to prosecute targets in a more rapid fashion,” Waldhauser said that March, emphasizing the need for a “little more flexibility, a little bit more timeliness in terms of [the] decision-making process.”

    In response, Trump, now the frontrunner for the Republican presidential nomination, secretly issued rules for counterterrorism “direct action” operations, including drone strikes in places like Somalia, according to a redacted copy of the document. By the end of March 2017, the number of U.S. airstrikes in Somalia skyrocketed.

    “The burden of proof as to who could be targeted and for what reason changed dramatically,” Donald Bolduc, who led Special Operations Command Africa at the time, told The Intercept. During the Obama administration, strikes required high-level approval, the strike cell analyst said. “Giving strike authority down to a ground commander was a massive difference,” he explained. “It had a big effect.”

    Attacks in Somalia tripled after Trump relaxed targeting principles, while U.S. military and independent estimates of civilian casualties across U.S. war zones, including Afghanistan, Iraq, Syria, and Yemen, spiked. The U.S. conducted 208 declared attacks in Somalia during Trump’s single term in the White House, a 460 percent increase over the eight years of the Obama presidency. (The Biden administration has conducted 31 declared strikes there, including 13 so far in 2023.)

    A review of Trump-era rules by the Biden administration found that, in some countries, “operating principles,” including a “near certainty” that civilians would “not be injured or killed in the course of operations,” were reportedly enforced only for women and children, while a lower standard applied to civilian adult men. All military-age males were considered legitimate targets if they were observed with suspected al-Shabab members in the group’s territory, Bolduc said.

    There was another possible contributing factor to civilian casualties. During 2017 and 2018, commanders within Task Force 111, the Joint Special Operations Command or JSOC-led unit responsible for drone attacks in Somalia, Libya, and Yemen, competed to produce high body counts, raising red flags in the intelligence community, according to a U.S. intelligence source who asked not to be identified due to the sensitivity of the topic.

    Further down the chain of command, new awards — special “remote” devices on medals to recognize the work of drone operators in combat zones — encouraged attacks, according to the strike cell analyst. “That made some people want to do more strikes,” the analyst said. “They want to brag about being in combat.”

    TOPSHOT - People stand next to destroyed walls at the scene of a car bombing attack in Mogadishu, Somalia, on December 22,2018. Seven people were killed  in a double car bomb attack claimed by the jihadist Shabaab group near the presidential palace in the Somali capital Mogadishu, police said. (Photo by Mohamed ABDIWAHAB / AFP) (Photo by MOHAMED ABDIWAHAB/AFP via Getty Images)
    Somali soldiers are on patrol at Sanguuni military base, where an American special operations soldier was killed by a mortar attack on June 8, about 450 km south of Mogadishu, Somalia, on June 13, 2018. - More than 500 American forces are partnering with African Union Mission to Somalia (AMISOM) and Somali national security forces in counterterrorism operations, and have conducted frequent raids and drone strikes on Al-Shabaab training camps throughout Somalia. (Photo by Mohamed ABDIWAHAB / AFP)        (Photo credit should read MOHAMED ABDIWAHAB/AFP via Getty Images)

    Left/Top: People stand next to destroyed walls at the scene of an al-Shabab car bombing attack in Mogadishu, Somalia, on Dec. 22, 2018. Right/Bottom: Somali soldiers at Sanguuni military base, where an American special operations soldier was killed by a mortar attack on June 13, 2018. Photos: AFP via Getty Images

    “The United States Failed Us”

    Less than a month before Luul and Mariam were killed, Waldhauser praised AFRICOM’s efforts to avoid civilian casualties before the House Armed Services Committee. He specifically referenced procedures meant to ensure “levels of certainty” to prevent harm to noncombatants. Days later, he emphasized that it was “very important … that we know exactly who we are attacking on the ground.”

    Yet the Pentagon investigation found that the Americans had no idea who they were targeting. “During the post-strike review,” according to the investigator, “it was assessed that one of the ADM that loaded into the vehicle … was an Adult Female and child.”

    Three Somali government sources — including Nur Gutale, a Somali official on the front lines of the conflict against al-Shabab in El Buur, where the drone strike took place — said there were seven people in the pickup truck that day, not the four or five the Americans argued about before the strike or the six their most seasoned analyst counted after numerous post-strike reviews of drone footage.

    The men in the truck included members of al-Shabab: Alas Jango’an, the driver and the local head of Jaysh Al-Hisbah, al-Shabab’s police force; a tax collector with the militant group; and a poet associated with the group, who was identified in local press reports as Yusuf Dhegay. Others said a community elder in the car, identified as Ali Hared, also had relations with the militants, but they were unsure if he and the poet were “real” members or simply — like most civilians living in Shabab-controlled areas — compelled to deal with an armed group that functioned as the local government.

    But the young man whose body Qasim found sprawled beside the pickup after the strike, 20-year-old Yusuf Dahir Ali, was a civilian, Gutale and others said. “He was a student in Mogadishu. It was school break, and he was just traveling home,” Gutale told The Intercept. “He was innocent.”

    The Pentagon redacted all images of Luul and Mariam in the documents they released. The former U.S. strike cell analyst said those still frames from the drone footage — known as “snaps” — “would seal the deal on how blatantly obvious it was. If you got a snap of the woman and child running from the vehicle, you would be able to go: ‘How don’t you see that as a female and child?’” the analyst told The Intercept. “Typically, males in Somalia wear a dress-type thing. But women still look very different. If it’s during the day, you can tell.”

    Nur Gutale agreed, insisting that even if the Americans confused a woman for a man when she entered the vehicle, there was no way to mistake her as she ran down the road with her child. Qasim noted that Luul was wearing a flowing green jilbab: a garment more voluminous than a hijab, covering the entire body and leaving only the face, hands, and feet exposed. “Because al-Shabab is there in the area, she had to wear it,” Luul’s brother Mohamed Dahir Mohamed explained of the terror group’s strict dress code. He likened Luul’s garb to a huge umbrella.

    “Her death isn’t only what makes me angry. It’s that they say that they mistakenly killed her. That hurts me deeply. It was no mistake,” said Qasim, a formidable man with a hard stare, close-cropped hair, and a bright orange, henna-dyed goatee. “She wasn’t killed in the car where they couldn’t see her. She was hit out in the open. There is no way they could mistake her for a man. It’s a lie and it makes me sick.”

    “This wasn’t top leadership. These were low-ranking guys. I don’t understand their priorities.”

    Gutale said he “had a good relationship with AFRICOM” and provided intelligence on high-ranking Shabab officials, but he found American targeting choices puzzling — especially the strike that killed Luul and Mariam.

    “This wasn’t top leadership. These were low-ranking guys. I don’t understand their priorities,” he told The Intercept. “There was no reason to kill a woman and child in a big strike. They know that they did this. The U.S. is at fault.”

    “It’s heartbreaking,” he added in exasperation. “The United States failed us.”

    Kasim Dahir Mohamed, 56 years old, Luley's half-brother, poses for a photo in Mogadishu, Somalia, Wednesday, May. 10, 2023 ( Omar Faruk for The Intercept)
    Qasim Dahir Mohamed, who found his sister Luul’s body after the U.S. drone strike, poses for a photo in Mogadishu, Somalia, on May. 10, 2023.
    Photo: Omar Faruk for The Intercept

    Even under the Trump administration’s loosened rules of engagement, Sarah Harrison, who worked as a lawyer in the Pentagon’s Office of General Counsel at the time of the attack, questioned the follow-up strike that killed Luul and Mariam. “U.S. forces were required by policy to take ‘extraordinary measures to ensure with near certainty’ that there would be no civilians injured or killed,” Harrison told The Intercept. She wondered why the U.S. hadn’t made another “near certainty assessment” before the second strike was carried out.

    The investigator found that “some members did not have any FMV experience.”

    The Pentagon investigator concluded that “time was the biggest factor” in misidentifying Luul. For reasons that are explained nowhere in the unredacted portion of the documents, the strike cell found itself “under perceived pressure” to launch the attack “as quickly as possible.” Experience levels also loom large in the investigation file. The most senior team member on duty had eight years of experience analyzing full motion video, or FMV, as live feeds from drones are known — a significant track record, according to experts. But the youngest member had spent just six months with the task force and the same amount of time analyzing such feeds. Elsewhere, the investigator asserts that “some members did not have any FMV experience.” One team member noted that “due to a contracting issue, they have lost a lot of experienced personnel.”

    “For those without much experience as well as contractors working with a task force, the pressure to say ‘yes’ to get to the commander’s perceived desired outcome is pretty great,” said Todd Huntley, a former Staff Judge Advocate who served as a legal adviser on Joint Special Operations task forces conducting drone strikes in Afghanistan and elsewhere and now directs the national security law program at Georgetown University Law Center. “The combination of confirmation bias and the pressure to move quickly and achieve results is already tough to overcome. When you have less experienced people, that pressure is even greater.”

    The investigator determined that no one tracked how much time strike cell members spent in a particular geographic area of responsibility, known in military jargon as an AOR. “This could lead to a very inexperienced crew working in an AOR due to a lack of a Checks and Balance system,” he wrote.

    Another of Luul’s brothers, 38-year-old Abubakar Dahir Mohamed, had a succinct response: “If you admit that you assign someone with no experience then you have to take responsibility for what they do.”

    The Pentagon investigator urged procedural changes that would affect every subsequent mission: “I recommend that each senior analyst has a brief with their team prior to going on shift to ensure the entire team has the correct mindset and highlights that accuracy is more important than speed.” There is no indication that that recommendation or any others were implemented. 

    Qaali Dahir Mohamed, 18 yrs old Luley's full-sister, shows a selfie picture of her with her nephew Mohamed Amin (right) and other children through her mobile in Mogadishu, Somalia, Wednesday, May. 10, 2023. ( Omar Faruk for The Intercept)
    Qaali Dahir Mohamed shows a picture of her nephew Mohamed Shilow Muse, far right, on her cellphone in Mogadishu, Somalia, on May. 10, 2023.
    Photo: Omar Faruk for The Intercept

    Erased From Existence

    Living in al-Shabab territory in the 2010s, Luul inhabited a world almost devoid of smartphones and social media. Her family has no photographs to remember her by.

    The U.S. government, meanwhile, has countless images of Luul. Its cameras captured video of her and Mariam entering the pickup truck, and analysts had eyes on her through her last moments. Luul’s visage now exists only in classified files and in the memories of those who knew her — and in the face of her younger sister, to whom she bore an uncanny, almost identical, resemblance.

    “If you want to see Luul, it’s me,” Qaali Dahir Mohamed, Luul’s sad-eyed, soft-spoken, 18-year-old sister, told me when we spoke in a deserted rooftop lounge in Mogadishu. As the only two girls in their household, they shared a tight bond that extended past childhood when, in keeping with local custom, Qaali moved into Luul and Shilow’s home after they married. “When I was young, she used to carry me, protect me, tell me traditional stories to prepare me for life,” said Qaali, who hunched her tall, lithe form as she talked about her sister. “After she had her children, she had me look after them and continued to teach me about how to be responsible, how to be a good mother.” Qaali spoke with her hands, her fingers slowly twisting in the air as she talked about Luul. “She loved her children so much. She couldn’t bear to see them cry,” Qaali said before she sank down in her chair and started wiping away tears.

    The entire family has been traumatized by the airstrike. Luul’s brothers say their elderly father never recovered from his daughter’s traumatic death and has been in failing health ever since. When Qasim’s son saw a “normal airplane” flying over their farm, he began running around, trying to hide, convinced it might kill him. The family told Luul’s son, Mohamed Shilow Muse, the truth about his mother’s death: “The Americans killed her with their airplane.” When he sees or hears a drone, they said, “he rushes under a tree to hide.” 

    A 2012 study of civilians in Pakistan found that the constant presence of drones, the fear that a strike might occur at any time, and people’s inability to protect themselves “terrorize[d] men, women, and children, giving rise to anxiety and psychological trauma among civilian communities.”   

    Mohamed, now 6 years old and living with his grandmother, constantly asks why Luul left him. He’s terrified of being alone. “If I or my mother leave him,” said Qaali, “he cries all day. He won’t stop. He feels abandoned.” Unable to continue, Qaali grasped her blue-veiled head with both hands, laid it on the glass table, and sobbed.

    A June 12, 2018 email from a member of the Joint Task Force that conducted a drone strike that killed 22-year-old Luul Dahir Mohamed and her 4-year-old daughter Mariam Shilow Muse to the investigator who found that the rules of engagement and standard operating procedures were followed. 
    Photo: Screenshot by The Intercept

    “The Height of Disrespect”

    On April 5, 2019, Qasim was listening to the radio at a tea shop when he heard a BBC news report about the U.S. military acknowledging that it had killed a woman and child in a drone strike the previous April, the first admission of a civilian casualty by AFRICOM.

    The announcement came more than a year after the attack, a delay AFRICOM blamed on a “reporting error,” claiming that its headquarters was only notified of the investigation months after it concluded. Four days later, in response to questions about compensating the family, then-spokesperson John Manley told The Intercept that AFRICOM was “working with our embassy in Somalia on a way forward.” 

    On April 12, 2019, Luul’s brother Abubakar wrote a letter to the Somali Ministry of Justice asking for help in obtaining compensation from the United States. Four days later, he wrote to AFRICOM via the “Contact Us” function on the command’s website, noting the family’s appreciation for acknowledging the deaths and asking the military to “take appropriate action toward the case as restitution for the lost lives.” After AFRICOM added a new online portal to file civilian casualty claims, Abubakar did so using this method as well. Abubakar, who lives part-time in Mogadishu and speaks and writes English, shared copies of his letters and screenshots of his submissions with The Intercept. Five years after the strike, the family has yet to be contacted, much less compensated, by AFRICOM.

    “It is unacceptable that AFRICOM would resign itself to such total ignorance,” Amnesty’s Eviatar told The Intercept, noting the Pentagon’s repeated failures to contact survivors or offer condolence payments. “It is the height of disrespect for the local populations where the U.S. operates for the military to completely ignore the direct victims of lethal strikes, even when the U.S. knows they were civilians and the strikes were in error.”

    After almost 17 years of drone strikes and commando raids in Somalia, the U.S. has carried out 282 declared attacks as well as an undisclosed number of CIA strikes. AFRICOM claims to have killed just five civilians in that period, including Luul and Mariam — although the command has never referred to them by name. But since nothing about the April 2018 attack was out of the ordinary, according to members of the task force, there is good reason to believe that the real number is far higher. Airwars, the U.K.-based airstrike monitoring organization, says the actual count of civilians killed by U.S. strikes in Somalia may be more than 3,000 percent higher than the official tally. 

    Over the last two decades, investigative reporters and human rights groups have increasingly documented America’s killing of civilians, underreporting of noncombatant casualties, failures of accountability, and outright impunity in Afghanistan, LibyaSomaliaSyriaYemen and elsewhere. A 2021 investigation by New York Times reporter Azmat Khan revealed that the U.S. air war in Iraq and Syria was marked by flawed intelligence and inaccurate targeting, resulting in the deaths of thousands of innocent people. Out of 1,311 military reports analyzed by Khan, only one cited a “possible violation” of the rules of engagement; none included a finding of wrongdoing or disciplinary action; and fewer than a dozen condolence payments were made. 

    Last year, in the wake of these damning findings, the Pentagon pledged reforms. The 36-page Civilian Harm Mitigation and Response Action Plan provides a blueprint for improving how the Pentagon addresses noncombatant deaths but lacks mechanisms for addressing past civilian harm. 

    The Defense Department has publicly confirmed five civilian harm incidents in Somalia and maintains a $3 million annual budget to compensate survivors, but there is no evidence that any Somali victims or their families have ever received amends. The Pentagon has also been clear that it isn’t interested in looking back. “At this point we don’t have an intent to re-litigate cases,” Defense Secretary Lloyd Austin told Rep. Sara Jacobs, D-Calif., when she asked last year whether the Pentagon was planning to revisit past civilian harm allegations. 

    There’s no re-litigation necessary, however, in the case of Luul Dahir Mohamed and Mariam Shilow Muse. More than four years ago, AFRICOM admitted killing them. “Credibility, transparency, and accountability are fundamental to military operations,” Waldhauser said in a press release taking responsibility for the strike. To date, however, AFRICOM won’t even discuss reparations with a journalist, much less provide compensation to relatives of the dead.

    Experts say that the deaths of Luul and Mariam offer AFRICOM the chance to finally live up to Waldhauser’s rhetoric. “This case is a real opportunity for AFRICOM, since they’ve acknowledged that this is a credible report of civilian harm,” said Joanna Naples-Mitchell, a human rights attorney and director of the nonprofit Zomia Center’s Redress Program, which helps survivors of U.S. airstrikes submit requests for compensation. “Given that there’s an English-speaking member of the family in Mogadishu, it would not be hard for the Pentagon to offer amends.”

    Shiilow Muse Ali, 35 years old, Luley's husband, poses for a photo in Mogadishu, Somalia, Wednesday, May. 10, 2023 ( Omar Faruk for The Intercept)
    Shilow Muse Ali, Luul’s husband, poses for a photo in Mogadishu, Somalia, on May. 10, 2023.
    Photo: Omar Faruk for The Intercept

    “They Don’t Know Who They Killed”

    For most of the day I spent with Shilow Muse Ali in an outdoor restaurant in Mogadishu, he sat slack-jawed and blank-eyed, with a dazed look on his face. Sometimes he seemed confused, sometimes confounded. He answered my questions, but it was difficult to elicit much detail about the wife and child he’d lost. When I decided to end the interview and asked if there was anything else he wanted to say, his eyes narrowed and his demeanor changed.

    “I was bewildered at the beginning when my daughter and wife were killed. I expected an apology and compensation considering the Americans’ mistake. But we received nothing,” he said in a voice with an increasingly hard edge. “They admitted there were civilian casualties, but this investigation shows that they don’t even know who they killed.”

    For the first time all afternoon, Shilow looked me square in the eye and fury seemed to surge through him. “We aren’t the people they are targeting. We are not supposed to be treated like we’re enemies. Does the U.S. military even see a difference between enemies and civilians?” he asked, his voice rising and his hands slicing through the air. “They said they were following the car from the beginning. How could someone following the car, watching everything, not see a woman with a child?”

    I had no answer.

    “We want the truth from the American government. But we already know it,” he told me. “This attack shows that there’s no distinction, none at all. The Americans see enemies and civilians as the same.”

    The post Secret Pentagon Investigation Found No One at Fault in Drone Strike That Killed Woman and 4-Year-Old appeared first on The Intercept.

    This post was originally published on The Intercept.

  • On November 7, NSO Group, the Israeli spyware company infamous for its Pegasus phone-tapping technology, sent an urgent email and letter by UPS to request a meeting with Secretary of State Antony Blinken and officials at the U.S. State Department. 

    “I am writing on behalf of NSO Group to urgently request an opportunity to engage with Secretary Blinken and the officials at the State Department regarding the importance of cyber intelligence technology in the wake of the grave security threats posed by the recent Hamas terrorist attacks in Israel and their aftermath,” wrote Timothy Dickinson, partner at the Los Angeles-based law firm Paul Hastings, headquartered in Los Angeles, on behalf of NSO. 

    In the last two years NSO’s reputation has taken a beating amid revelations about its spyware’s role in human rights abuses. 

    As controversy was erupting over its role in authoritarian governments’ spying, NSO Group was blacklisted by the U.S. Department of Commerce in November 2021, “to put human rights at the center of US foreign policy,” the agency said at the time. A month after the blacklisting, it was revealed that Pegasus had been used to spy on American diplomats

    NSO’s letter to Blinken — publicly filed as part of Paul Hastings’s obligation under the Foreign Agents Registration Act — is part of the company’s latest attempt to reinvent its image and stay afloat and, most importantly, a bid to reverse the blacklisting. (Neither the State Department nor Paul Hastings responded to requests for comment.)

    For NSO, the blacklisting has been an existential threat. The push to reverse it, which included hiring multiple American public relations and law firms, has cost NSO $1.5 million in lobbying last year, more than the government of Israel itself spent. It focused heavily on Republican politicians, many of whom are now vocal in their support of Israel, and against a ceasefire in the brutal war being waged by the country in the Gaza Strip. 

    Amid the Israeli war effort, NSO appears more convinced than ever that it is of use to the American government. 

    “NSO’s technology is supporting the current global fight against terrorism in any and all forms,” said the letter to Blinken. “These efforts squarely align with the Biden-Harris administration’s repeated messages and actions of support for the Israeli government.” 

    NSO is marketing itself as a volunteer in the Israeli war effort, allegedly helping track down missing Israelis and hostages. And at this moment, which half a dozen experts have described to The Intercept as NSO’s attempt at “crisis-washing,” some believe that the American government may create a space for NSO to come back to the table. 

    “NSO’s participation in the Israeli government’s efforts to locate citizens in Gaza seems to be an effort by the company to rehabilitate its image in this crisis,” said Adam Shapiro, director of advocacy for Israel–Palestine at Democracy for the Arab World Now, a group founded by the slain journalist Jamal Khashoggi to advocate for human rights in the Middle East. “But alarm bells should be ringing that NSO Group has been recruited in Israel’s war effort.”

    Documents obtained by The Intercept through FARA and public records requests illustrate the company’s intense lobbying efforts — especially among hawkish, pro-Israel Republicans.

    Working on NSO’s behalf, Pillsbury Winthrop Shaw Pittman, a New York-based law firm, held over half a dozen meetings between March and August with Rep. Pete Sessions, R-Texas, who sits on the House Financial Services Committee as well as Oversight and Reform. One was to “discuss status of Bureau of Industry and Security Communications, U.S. Department of Commerce appeal.” (Pillsbury did not respond to a request for comment.)

    “NSO’s participation in the Israeli government’s efforts to locate citizens in Gaza seems to be an effort by the company to rehabilitate its image in this crisis.”

    The lobbyists also had three meetings in March and April with Justin Discigil, then chief of staff to the far-right Rep. Dan Crenshaw, R-Texas, who sits on the House Permanent Select Committee on Intelligence. (Neither Sessions nor Crenshaw responded to requests for comment.)

    Public records about NSO’s push also offer concrete examples of something the company has been at pains to evade, and that the American government has routinely overlooked: the existing relationship between the Israeli state and the spyware company. 

    “NSO’s Pegasus tool is treated in Israel as a defense article subject to regulation by the country’s regulators, which conducts its own assessment of human rights risks in countries across the world,” the letter to Blinken said. 

    A previously unreported May 2022 email from Department of Commerce official Elena Love to lobbyists for NSO also draws a connection between the Israeli government and NSO. In her email, Love asked the lobbyists working to undo NSO’s blacklisting for permission to send a list of questions directly to Israeli officials. (The Department of Commerce said there is no change to the status of NSO on the blacklist and declined to comment further. NSO Group and the Israeli government did not respond to requests for comment.)

    Currently, in the war effort, the Israeli government is letting NSO sit upfront. In a podcast by the Israeli news outlet Haaretz from October 19 — podcasts are less heavily censored by the government than written articles — a reporter discusses how NSO has reported for duty, in essence taken on work for the Ministry of Defense.

    “What’s really, really important to understand is that these companies,” said Haaretz journalist Omer Benjakob in the podcast, “some of them have already been working with the state of Israel.”

    Hiring Lobbyists in D.C.

    By selling its spyware to authoritarian governments, NSO has facilitated a variety of human rights abuses: from use by the United Arab Emirates to spy on Khashoggi, the journalist later killed by Saudi Arabia, to reporting just this week on its use to spy on Indian journalists. According to the research group Forensic Architecture, the use of NSO Group’s products has contributed to over 150 physical attacks against journalists, rights advocates, and other civil society actors, including some of their deaths. 

    Now the company is mounting a rapacious public relations push to undo the harm to its reputation. 

    NSO’s recent hiring of two lobbyists, Jeffrey Weiss and Stewart Baker, from the Washington-based white-shoe law firm Steptoe & Johnson, was made public at the end of October in a filing with the House of Representatives. On behalf of NSO, the firm was to address “US national security and export control policy in an international context.”

    Baker, former assistant secretary for policy at the Department of Homeland Security and a former National Security Agency general counsel, previously told The Associated Press, before representing NSO, that the blacklisting of the company “certainly isn’t a death penalty and may over time just be really aggravating.” 

    Weiss, for his part, had relevant experience to help get NSO off the Department of Commerce blacklist: He was deputy director of policy and strategic planning at the agency from 2013 to 2017. 

    Weiss and another Steptoe & Johnson partner, Eric Emerson, had also been hired by the Israeli government a few months earlier, according to previously unreported FARA documents. Weiss registered to provide both services to the Economic and Trade Mission at the Embassy of Israel in July, and then NSO in October. 

    Emerson, who has worked at Steptoe for over 30 years specializing in international trade law and policy issues, registered to engage with Natalie Gutman-Chen, Israeli minister of trade and economic affairs. Documents show that Steptoe’s annual budget for this work is $180,000.

    10/18/2023, Washington DC, U.S. Hundreds of protesters attend a pro-Palestinian demonstration outside Embassy of Israel in Washington DC, Greece, on Wednesday, Oct. 18, 2023. A day after a deadly blast tore through Al-Ahli Baptist Hospital in Gaza sparking protests across the region and western countries. (Photo by Ali Khaligh / Middle East Images / Middle East Images via AFP) (Photo by ALI KHALIGH/Middle East Images/AFP via Getty Images)
    Demonstrators in support of Palestine gather at the Israeli Embassy in Washington, D.C., on Oct. 18, 2023.
    Photo: Ali Khaligh /Middle East Images/AFP via Getty Images

    Steptoe’s description of its work for the Israeli mission is similar to its goals for the NSO contract: to “provide advice on various international trade related matters affecting the State of Israel” which will be used “to develop its position w/re various U.S. policies.” 

    It is not illegal to register to lobby for two affiliated clients, and powerful law firms doing lobbying work often do so for purposes of efficiency and holding meetings together.

    “It is not uncommon to kill two birds with one stone,” said Anna Massoglia, editorial and investigations manager at OpenSecrets, which tracks lobbying money in Washington. “It’s possible NSO got a discount because they already had Israel.” 

    “It’s possible NSO got a discount because they already had Israel.”

    On October 30, amid the Israeli onslaught against Gaza, Steptoe filed their supplemental statement, in which lobbyists are supposed to detail their meetings and outreach to the Department of Justice. It was left curiously blank, perhaps portending a later amendment to the filing. (“The filing covers what we have been asked to advise on and we can’t comment any further at this time,” Steptoe said in a statement.)

    “It’s hard to prove it’s deliberate,” Massoglia said. “But the timing is interesting.” 

    Ties to Israeli Government 

    Last year, a previously unreported email, obtained through a public records request, provided another example of the interweaving relationship between the Israeli government and NSO.

    In May 2022, Love, the acting chair of the End-User Review Committee at the Department of Commerce, emailed lobbyists at Steptoe and Pillsbury. Love sent along a list of questions for their client, NSO, about the company’s appeal to be removed from the blacklist.

    “We are also requesting permission to provide these questions to the government of Israel,” Love wrote. 

    The email, however, had been sent about a year and half before Steptoe filed FARA registrations for its staff to lobby on behalf of NSO — and raises questions about adherence to the foreign lobbying law. (Pillsbury was registered under FARA at the time.)

    FARA requires lobbyists to register with the Department of Justice when taking on foreign principals — both governments and companies — as clients.

    “What has never been a gray area under FARA is if you are communicating directly with the U.S. government on behalf of a foreign principal, that’s a political activity,” said Ben Freeman, director of the democratizing foreign policy program at the Quincy Institute. Of the period when Steptoe was working for NSO but hadn’t registered yet, Freeman said, “By skirting FARA registration, they are really playing with fire.” 

    Though FARA cases have increased since 2016, charges brought by the Justice Department remain relatively rare. The statute itself is forgiving, the enforcement mechanisms like warning letters often render failures to register moot, and, with so little case law owing to so few indictments, prosecutors are loath to try their hand at bringing charges. (The Department of Justice did not respond to a request for comment.)

    “By skirting FARA registration, they are really playing with fire.”

    In a letter sent to the Justice Department in July of last year, Democracy for the Arab World Now called on the government to investigate what, at the time, was described as the firms’ lack of registration as agents for Israel under FARA. “We believe that misrepresentation to be intentional,” the letter said.

    None of the four companies hired by NSO said in their registrations that there is any Israeli government control over the spyware group, despite the evidence laid out by Democracy for the Arab World Now of Israeli influence on the company that meets the U.S. definition of government control. This includes the fact that all of NSO’s contracts are determined by the government of Israel, allegedly to serve political interests.

    The Department of Justice, however, does not give updates or responses to such referrals. Neither has it published an opinion or issued a penalty. 

    “Based on FARA filings, one would be under the impression that NSO was a run of the mill private corporate entity,” said Shapiro, of Democracy for the Arab World Now. “But given its role in spyware, understanding the government’s control is really important.”

    The post Israeli Spyware Firm NSO Demands “Urgent” Meeting With Blinken Amid Gaza War Lobbying Effort appeared first on The Intercept.

    This post was originally published on The Intercept.

  • One month since Hamas’s surprise attack, little is known about the weapons the U.S. has provided to Israel. Whereas the Biden administration released a three-page itemized list of weapons provided to Ukraine, down to the exact number of rounds, the information released about weapons sent to Israel could fit in a single sentence.

    National Security Council spokesperson John Kirby acknowledged the secrecy in an October 23 press briefing, saying that while U.S. security assistance “on a near-daily basis,” he continued, “We’re being careful not to quantify or get into too much detail about what they’re getting — for their own operational security purposes, of course.”

    “The notion that it would in any way harm the Israeli military’s operational security to provide more information is a cover story.”

    The argument that transparency would imperil Israel’s operational security — somehow not a concern with Ukraine — is misleading, experts told The Intercept.

    “The notion that it would in any way harm the Israeli military’s operational security to provide more information is a cover story for efforts to reduce information on the types of weapons being supplied to Israel and how they are being used,” William Hartung, a fellow at the Quincy Institute for Responsible Statecraft and expert on weapons sales, told The Intercept. “I think the purposeful lack of transparency over what weapons the U.S. is supplying to Israel ‘on a daily basis’ is tied to the larger administration policy of downplaying the extent to which Israel will use those weapons to commit war crimes and kill civilians in Gaza.”

    A retired Marine general who worked in the region, who asked for anonymity because he was not authorized by his former employer to speak publicly, attributed the secrecy to the political sensitivity of the conflict. In particular, the retired officer said, weapons used in door-to-door urban warfare, which are likely to result in civilian casualties, are not going to be something the administration wants to publicize. (The National Security Council did not respond to a request for comment.)

    In recent years, flare-ups of violence between Israel and Hamas in the Gaza Strip have often entailed Israeli air wars with limited numbers of Israeli troops entering the besieged costal enclave. The last time there was a large-scale ground incursion by the Israel Defense Forces into Gaza was during the Israelis’ 2014 Operation Protective Edge.

    While the 2014 invasion saw Israeli troops in Gaza for less than a month, Israel’s defense minister recently told reporters the war would take at least several months. The goal of removing Hamas completely from power is widely expected to take a significant commitment to a long-term ground presence and heavy urban fighting. According to the New Yorker, Israeli officials told their American counterparts that the war could last 10 years. The Biden administration is reportedly worried that Israel’s military objectives are not achievable.

    On Monday, Prime Minister Benjamin Netanyahu told ABC News, “Israel will, for an indefinite period, will have the overall security responsibility because we’ve seen what happens when we don’t have it.”

    “Delicate Matter Politically”

    Hamas’s attack on Israel, which took place on October 7, resulted in a cascade of arms assistance from the U.S. Though the Biden administration at first declined to identify any specific weapons systems, as details trickled out in the press, it has gradually acknowledged some. These include “precision guided munitions, small diameter bombs, artillery, ammunition, Iron Dome interceptors and other critical equipment,” as Pentagon spokesperson Brig. Gen. Pat Ryder has said.

    What “other critical equipment” entails remains a mystery, as do specifics about the quantity of arms being supplied, which the administration has refused to disclose. When a reporter asked for a “ballpark” figure for the security assistance during a background press briefing on October 12, the Pentagon demurred. “I’m not going to do that today and would defer you to the government of Israel,” a senior defense official told the reporter.

    “To date, U.S. government reporting on arms transfers to Israel has been sporadic and without any meaningful detail,” Stimson Center research analyst Elias Yousif recently concluded. “Updates should be compiled on a single factsheet page, as is the case for Ukraine, and include details on the authorities invoked for the provision of assistance as well as the type and quantity of arms provided with enough specificity to enable public research and assessments.”

    Hartung, the Quincy fellow, noted the contrast with the administration’s openness on military aid to Ukraine.

    “Transparency on arms transfers to Ukraine came in large part due to the administration’s feeling that they were engaged in a noble venture,” Hartung said. “Although Israel certainly has the right to defend itself against the kind of horrific attack carried out by Hamas, its response — bombing and blockading a whole territory of 2 million people, killing thousands of innocent people in the process — has been described by independent experts as committing war crimes.”

    “Transparency on arms transfers to Ukraine came in large part due to the administration’s feeling that they were engaged in a noble venture.”

    “So even as the Biden administration backs Israel with weapons and rhetoric,” Hartung said, “it is a delicate matter politically to give all the details on U.S. weapons supplied to the Israeli military, some of which will certainly be used in illegal attacks on civilians if the war continues to grind on.”

    Beyond just the quantities, there are specific weapons the Pentagon is providing Israel which have not been publicly disclosed, the Marine general told The Intercept.

    As the arms continue to flow, dozens of C-17 military transport planes likely carrying munitions have criss-crossed the Atlantic traveling between the United States and Israel, open-source flight tracking data show, with most landing at Nevatim Air Base, an IDF base in Israel’s southern Negev desert. President Joe Biden has requested $14.3 billion in aid for Israel in addition to the over $3 billion in military assistance it already provides. Most recently, the Biden administration is planning to send $320 million in precision Spice bombs to Israel, as multiple outlets informed by Congress reported on Monday.

    The post U.S. Weapons Transfers to Israel Shrouded in Secrecy — but Not Ukraine appeared first on The Intercept.

  • During a Senate briefing last week, a federal counterterrorism official cited the October 7 Hamas attack while urging Congress to reauthorize a sprawling and controversial surveillance program repeatedly used to spy on U.S. citizens on U.S. soil.

    “As evidenced by the events of the past month, the terrorist threat landscape is highly dynamic and our country must preserve [counterterrorism] fundamentals to ensure constant vigilance,” said Director of the National Counterterrorism Center Christine Abizaid to the Senate Committee on Homeland Security, after making repeat references to Hamas’s attack on Israel.

    She pointed to Section 702 of the Foreign Intelligence Surveillance Act, which enables the U.S. government to gather vast amounts of intelligence — including about U.S. citizens — under the broad category of foreign intelligence information, without first seeking a warrant.

    Section 702 “provides key indications and warning on terrorist plans and intentions, supports international terrorist disruptions, enables critical intelligence support to, for instance, border security, and gives us strategic insight into foreign terrorists and their networks overseas,” Abizaid said. “I respectfully urge Congress to reauthorize this vital authority.”

    The controversial program is set to expire at the end of the year, and lawmakers sympathetic to the intelligence community are scrambling to protect it, as some members of Congress like Sen. Ron Wyden push for reforms that restrain the government’s surveillance abilities. According to Rep. Jim Himes, the ranking Democrat on the House Intelligence Committee, plans are underway to prepare a stopgap measure to preserve Section 702 of FISA as a long-term reauthorization containing reforms is hammered out. 

    Sean Vitka, senior policy counsel at the civil liberties group Demand Progress, told The Intercept that now is the time to enact lasting and dramatic oversight of the 702 authority. “The government has completely failed to demonstrate that any of the privacy protections reformers have called for would impair national security, all while surveillance hawks in Congress have suffered a series of setbacks, so now we’re seeing people grasping at straws trying to turn everything into an excuse for reauthorization,” Vitka said.

    “We’re seeing people grasping at straws trying to turn everything into an excuse for reauthorization.”

    He added that “agencies’ refusal to embrace this as a once-in-a generation opportunity to protect Americans’ civil liberties and reform our broken surveillance apparatus” could doom 702 in the long run.

    Created in 1978, FISA was vastly expanded in the aftermath of 9/11 to provide federal law enforcement and intelligence agencies enhanced surveillance powers. While it was originally described as a way to collect information on foreign entities, the law enables the targeting of U.S. citizens in contact with foreign nationals.

    This loophole makes it easy for federal agencies to target wide swaths of the U.S. population, and it has for years been condemned by civil liberties advocates who view it as a clear-cut instance of governmental overreach. The 702 authority has been abused to such a great extent that President Joe Biden’s own intelligence advisory board recommended curtailing the FBI’s ability to manipulate the authority to investigate and prosecute Americans.

    The Brennan Center for Justice last month issued a document noting that the FBI has used the 702 authority to spy on U.S. representatives, senators, civil liberties organizations, political campaigns, and activists. Civil libertarians have proposed various reforms to the authority, including limits on the types of communication the FBI can search, the implementation of stringent warrant requirements to restrict FISA searches, and an end to the loophole that allows federal agencies to surveil Americans by purchasing data from private sector brokers

    Abizaid’s statements to the Senate Homeland Security Committee followed similar appeals by FBI Director Christopher Wray and Secretary of Homeland Security Alejandro Mayorkas, who also spoke at the hearing. The push to extend the government’s surveillance powers comes as elected officials call for investigations into pro-Palestine groups — drawing condemnation from numerous civil rights groups, including the American Civil Liberties Union.

    Already in Virginia, the attorney general has initiated an investigation into the nonprofit American Muslims for Palestine’s fundraising activities, including allegations that it supports Hamas, a designated terror group. The organization described the investigation as a dangerous and baseless smear.

    Meanwhile in Congress, the Senate passed a unanimous resolution condemning students supporting Palestine on college campuses. Sen. Josh Hawley, R-Mo., wrote to the Department of Justice to request an investigation into student groups at various universities that have seen large gatherings protesting the war in Gaza. “There is a long and sordid history of supposedly independent ‘human rights’ groups operating within American borders, that possess longstanding ties to foreign terrorist organizations,” Hawley wrote. “It is entirely possible that many of these student organizations, at some level or another, are enmeshed in similar networks — whether as recipients of funding from these malicious actors or as conduits for it.”

    The ACLU lambasted efforts by Hawley and others in an open letter. “A blanket call to investigate every chapter of a pro-Palestinian student group for ‘material support to terrorists’ — without even an attempt to cite evidence — is unwarranted, wrong, and dangerous. It echoes America’s mistakes during the McCarthy era and is counterproductive. We urge college and university leaders to hold fast to our nation’s best traditions and reject proposals to restrict constitutionally protected speech.”

    The post Counterterror Director Used Hamas Attack to Justify Mass Surveillance Program Renewal appeared first on The Intercept.

  • The U.S. military’s recent $35 million contract to do construction at its secret base in Israel went to a joint venture that includes an American firm and an Israeli one. The Israeli company, Y.D. Ashush Infrastructure, has been involved in many large-scale infrastructure and public works projects — including building an illegal settlement in occupied Palestinian territory.

    In a section on its website touting its projects, Ashush mentions construction work in the settlement of Leshem. Originally planned to include nearly 700 homes, Leshem was constructed in the 2010s as a satellite of Alei Zahav, a settlement established in 1982. 

    “I estimate that Leshem has tripled the number of settlers in Alei Zahav.”

    “Leshem is an Israeli settlement that was established in 2010, officially as a ‘neighborhood’ of an older settlement called Alei Zahav,” Dror Etkes — founder of Kerem Navot, an Israeli organization that monitors Israeli land policy in the West Bank — told The Intercept. Etkes said describing new communities as “neighborhoods” was a “trick” used by settlers to make it look like no new settlement was being constructed, since such moves have often drawn international condemnation. 

    “De facto it’s an independent settlement,” Etkes explained. “I estimate that Leshem has tripled the number of settlers in Alei Zahav.” Data from B’Tselem, a human rights group, shows the population of Alei Zahav growing from around 1,000 people in 2014 to about 4,700 in 2022. Etkes also said Leshem expanded the geographical footprint of Alei Zahav by three or four times.

    Ashush’s website describes its work in Leshem as involving extensive earthworks, including controlled explosions, along with infrastructure work for new construction.

    Neither Ashush nor the Defense Department responded to requests for comment about the contract and Ashush’s settlement work.

    Leshem has been in the news in recent years for hostility to its neighboring Palestinian villages. In 2020, the settlement was accused of deliberately dumping its sewage into the farmlands of nearby Deir Ballut, preventing its olive harvest and destroying trees, some of which date back to Roman times.

    A general view taken on January 23, 2017 from the Palestinian West Bank village of Rafat shows the Israeli Jewish settlement of Leshem (foreground) and the Palestinan archeological fort of Deir Samaan (background). / AFP / JAAFAR ASHTIYEH        (Photo credit should read JAAFAR ASHTIYEH/AFP via Getty Images)
    The Israeli settlement of Leshem is seen near the Palestinian archeological fort of Deir Samaan on Jan. 23, 2017.
    Photo: Jaafar Ashtiyeh/AFP via Getty Images

    Considered illegal under international law and by nearly every country in the world apart from the U.S. and Israel, settlements have continued to grow even as international opinion tilts strongly against them. An occupying military force like Israel transferring civilian populations into occupied territory such as the West Bank is a war crime under the Fourth Geneva Convention.

    In the case of Palestine, major settlement blocs as well as so-called outposts — those settlements considered illegal even by Israeli law, many of which are eventually legalized — create “facts on the ground” as part of a strategy to make a contiguous Palestinian state impossible. 

    U.S. administrations have frequently opposed and even taken rare action against Israel for continued settlement construction — an irony of the Pentagon giving cash to a construction firm that profits off the settlement enterprise.

    Ashush Infrastructure

    Ashush is a major Israeli construction firm that builds everything from concrete shields on houses in Israel’s south, near Gaza, to military and intelligence installations. As in its West Bank projects, Ashush does massive public works and earthmoving projects all across the country.

    The company was referenced in the Pentagon’s August 2 contract announcement for the construction of a “life-support area” in Israel. Other documents revealed this to be a euphemism for the construction of barracks-like facilities to house U.S. military personnel on its unacknowledged base deep in the Negev desert, code-named “Site 512,” as The Intercept reported. Four other bids were considered, according to the Defense Department’s contract announcement.

    It is not clear how much of the $35 million joint venture contract, shared with the Colorado construction company Bryan Construction, went to Ashush. Bryan Construction did not respond to requests for comment. Ashush does not appear in public databases that track U.S. government contracts, meaning there is no transparency around how much public money is flowing to the company. 

    Ashush’s website describes the firm as the main contractor in “extensive” infrastructure and development work in Leshem from 2014 to 2018. The work, its site says, was commissioned by the Samaria Regional Council, which oversees 35 different settlements and a population of about 47,000 settlers in the northern part of the West Bank. (Settlers and many other Israelis refer to the West Bank by the name “Judea and Samaria,” for the ancient regions it covers.) 

    In 2015, when U.S. diplomats investigated allegations of vandalism, including the uprooting of thousands of Palestinian-owned olive trees in the West Bank by settlers from an Israeli “outpost,” the settlers assaulted them with stones. Though the State Department confirmed the incident and provided a video to Israeli authorities, the controversial head of the Samaria Regional Council Yossi Dagan, an ally of Israeli Prime Minister Benjamin Netanyahu, called for the diplomats’ expulsion, accusing them of being spies.

    “The land which the settlement is sitting on was looted by the Israeli government from two Palestinian communities.”

    A report from January 2022 described settlers from Alei Zahav destroying a Palestinian farmer’s olive trees with assistance from the Israeli military. The military, at the behest of the settlers, ordered the farmer off the land and seized a tractor, claiming that the land was owned by the Israeli state. 

    “The land which the settlement is sitting on was looted by the Israeli government from two Palestinian communities … in the 1980s by declaring it as ‘state land,’ which was allocated to Alei Zahav later,” said Etkes, the Israeli expert on settlements.

    Months later, in July, another report described settlers destroying another nearby farm.

    The post Local Construction Firm for Secret U.S. Base in Israel Also Built an Illegal Settlement appeared first on The Intercept.

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  • As the war between Israel and Hamas threatens to draw in Yemen, the United States military’s little noted boots on the ground in the war-torn country raise the specter of deepening American involvement in the conflict.

    On Monday, Yemen’s Iranian-backed Houthi rebels fired ballistic and cruise missiles at Israel. The attack marked the first time ballistic missiles have been launched at Israel since Iraqi leader Saddam Hussein fired Scud missiles at Israel in 1991, according to Bruce Riedel, a former CIA analyst and expert on the region. The use of ballistic missiles represents a major escalation that threatens to ignite a regional war — with American troops stationed nearby.

    “The best strategy to avoid getting sucked into another war in the Middle East is to not have troops unnecessarily in the region in the first place.”

    “The best strategy to avoid getting sucked into another war in the Middle East is to not have troops unnecessarily in the region in the first place — and bring those who are there now home,” said Trita Parsi, the executive vice president of the Quincy Institute for Responsible Statecraft, a Washington think tank that advocates for a restrained foreign policy. “Their presence there is not making America more safe, it’s putting America more at risk of yet another war in the Middle East.”

    Though the size of the American special operations footprint inside Yemen has ebbed and flowed — the U.S. has been at war there since 2000 — the White House revealed in June that the U.S. maintains “combat” troops in Yemen. “United States military personnel are deployed to Yemen to conduct operations against al-Qa’ida in the Arabian Peninsula and ISIS,” the White House disclosed in a previously unreported passage of its most recent War Powers Resolution report to Congress.

    The Houthis are not listed as an official target of the U.S. special forces mission in Yemen, but the Pentagon has used its authorities under the war on the Islamic State to strike at Iranian-backed groups elsewhere. Last week, the U.S. bombed two facilities linked to Iranian-backed militias in Syria in retaliation for attacks on U.S. installations in the region by militant groups supported by Iran. 

    Analysts, however, cautioned against viewing the Houthi strike as part of a wider Iranian campaign without any evidence.

    “One should be cautious about interpreting the missile attack as part of some grand strategy of an Iranian-led ‘axis of resistance,’” Paul Pillar, a nonresident senior fellow at Georgetown University’s Center for Security Studies, told The Intercept. “The Houthis, notwithstanding material support from Iran, have been making their own decisions: probably their biggest move in the war in Yemen — capture of the capital city of Sanaa — they reportedly made against the advice of the Iranians.”

    President Joe Biden justified U.S. strikes on Syrian targets as a deterrence strategy, but some observers say any deterrence will be undermined by the fact that the U.S.’s massive regional military presence provides a bevy of available targets.

    “Biden believes that current and new U.S. troops in the region serve as a deterrent against attacks by Iran or its allies,” said the Quincy Institute’s Parsi. “But rather than deterring these actors, oftentimes U.S. troops are sitting ducks that provide the Houthis or Iraqi militias with more targets. Even lawmakers who don’t want more war in the Middle East will be compelled to push for military action if these troops come under attack.”

    Yemen has been locked in a brutal civil war since 2014, with the Houthi rebel group in the north supported by Iran and the south’s government in exile supported by the United States and a coalition of Yemen’s neighbors, including Saudi Arabia and the United Arab Emirates. 

    The United States has consistently supported the Saudi-backed Aden government. 

    U.S. operations in Yemen are overseen by Special Operations Command Central Forward – Yemen, or SOCCENT FWD Yemen — and commonly abbreviated as SFY — a forward element of the Tampa-based Special Operations Command that oversees the counterterrorism campaign in the Middle East, from Pakistan to Egypt. 

    While the Defense Department has never formally acknowledged SOCCENT FWD Yemen or its mission — which are being reported here for the first time — clues of its existence and aims can be gleaned from scattered references, along with details provided to The Intercept by a military officer.

    A senior military officer that served in SFY, granted anonymity because he was not authorized to speak publicly, told The Intercept that, during the beginning of the Trump administration, he oversaw plans to train a 300-person Yemeni tribal fighting force in order to conduct long-term unconventional warfare and counterterror operations.

    In 2015, a former SFY commander, Capt. Robert A. Newson, then a Navy SEAL, provided a similar account in an interview with West Point’s Combating Terrorism Center. Having served in SFY until 2012, Newson said that the troops there “trained and advised Yemeni partners” and, more vaguely, that they were “deeply embedded within the embassy and their activities.”

    Since then, the main U.S. Embassy in Sanaa has closed amid the chaos of the Yemeni civil war.

    The post Secret U.S. Military Presence in Yemen Adds a Twist to Houthi Attack on Israel appeared first on The Intercept.

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  • Two months before Hamas attacked Israel, the Pentagon awarded a multimillion-dollar contract to build U.S. troop facilities for a secret base it maintains deep within Israel’s Negev desert, just 20 miles from Gaza. Codenamed “Site 512,” the longstanding U.S. base is a radar facility that monitors the skies for missile attacks on Israel. 

    On October 7, however, when thousands of Hamas rockets were launched, Site 512 saw nothing — because it is focused on Iran, more than 700 miles away.

    The U.S. Army is quietly moving ahead with construction at Site 512, a classified base perched atop Mt. Har Qeren in the Negev, to include what government records describe as a “life support facility”: military speak for barracks-like structures for personnel.

    Though President Joe Biden and the White House insist that there are no plans to send U.S. troops to Israel amid its war on Hamas, a secret U.S. military presence in Israel already exists. And the government contracts and budget documents show it is evidently growing. 

    The $35.8 million U.S. troop facility, not publicly announced or previously reported, was obliquely referenced in an August 2 contract announcement by the Pentagon. Though the Defense Department has taken pains to obscure the site’s true nature — describing it in other records merely as a “classified worldwide” project — budget documents reviewed by The Intercept reveal that it is part of Site 512. (The Pentagon did not immediately respond to a request for comment.)

    “Sometimes something is treated as an official secret not in the hope that an adversary would never find out about it but rather [because] the U.S. government, for diplomatic or political reasons, does not want to officially acknowledge it,” Paul Pillar, a former chief analyst at the CIA’s counterterrorism center who said he had no specific knowledge of the base, told The Intercept. “In this case, perhaps the base will be used to support operations elsewhere in the Middle East in which any acknowledgment that they were staged from Israel, or involved any cooperation with Israel, would be inconvenient and likely to elicit more negative reactions than the operations otherwise would elicit.”

    Rare acknowledgment of the U.S. military presence in Israel came in 2017, when the two countries inaugurated a military site that the U.S. government-funded Voice of America deemed “the first American military base on Israeli soil.” Israeli Air Force’s Brig. Gen. Tzvika Haimovitch called it “historic.” He said, “We established an American base in the State of Israel, in the Israel Defense Forces, for the first time.” 

    A day later, the U.S. military denied that it was an American base, insisting that it was merely a “living facility” for U.S. service members working at an Israeli base. 

    The U.S. military employs similar euphemistic language to characterize the new facility in Israel, which its procurement records describe as a “life support area.” Such obfuscation is typical of U.S. military sites the Pentagon wants to conceal. Site 512 has previously been referred to as a “cooperative security location”: a designation that is intended to confer a low-cost, light footprint presence but has been applied to bases that, as The Intercept has previously reported, can house as many as 1,000 troops.

    Site 512, however, wasn’t established to contend with a threat to Israel from Palestinian militants but the danger posed by Iranian mid-range missiles.

    The overwhelming focus on Iran continues to play out in the U.S. government’s response to the Hamas attack. In an attempt to counter Iran — which aids both Hamas and Israel’s rival to the north, Hezbollah, a Lebanese political group with a robust military wing, both of which are considered terror groups by the U.S. — the Pentagon has vastly expanded its presence in the Middle East. Following the attack, the U.S. doubled the number of fighter jets in the region and deployed two aircraft carriers off the coast of Israel. 

    “My speculation is that the secrecy is a holdover from when U.S. presidential administrations tried to offer a pretense of not siding with Israel.”

    Top Republicans like Senate Minority Leader Mitch McConnell have nonetheless castigated Biden for his purported “weakness on Iran.” While some media accounts have said Iran played a role in planning the Hamas attack, there have been indications from the U.S. intelligence community that Iranian officials were surprised by the attack.

    The history of the U.S.–Israel relationship may be behind the failure to acknowledge the base, said an expert on overseas U.S. military bases.

    “My speculation is that the secrecy is a holdover from when U.S. presidential administrations tried to offer a pretense of not siding with Israel in the Israeli-Palestinian and Israeli-Arab conflicts,” David Vine, a professor of anthropology at American University, told The Intercept. “The announcement of U.S. military bases in Israel in recent years likely reflects the dropping of that pretense and a desire to more publicly proclaim support for Israel.”

    The post U.S. Quietly Expands Secret Military Base in Israel appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Sen. Rand Paul is expected to call Thursday for a vote on a joint resolution that would require President Joe Biden to “remove United States Armed Forces from hostilities in or affecting the Republic of Niger” within 30 days.

    “Since 2013, members of the United States Armed Forces have been introduced into hostilities with terrorist organizations and insurgent groups in the Republic of Niger, including through direct exchanges of fire with such groups,” reads the resolution. “Congress has not declared war against the Republic of Niger or any organization or group in Niger, nor has Congress provided a specific statutory authorization for the involvement of United States Armed Forces in the armed conflict or any hostilities in Niger.”

    The move follows the State Department’s October 10 declaration that a coup had taken place in Niger over the summer. For months following the overthrow of the democratically elected president by a military junta that includes at least five U.S.-trained military officers, the U.S. government declined to officially designate it an illegal takeover.

    The United States has suspended approximately $200 million in foreign assistance to Niger as a result of the coup designation but continues to have a major military presence there, including a large drone base in in the northern city of Agadez and more than 1,000 military personnel, according to a June “war powers” letter to Congress from Biden. After a pause, drone flights resumed in August.

    Over the last decade, during which U.S. troop strength in Niger grew by 900 percent, U.S. Special Operations forces trained local counterparts and fought and even died there. After a 2017 ISIS ambush near the village of Tongo Tongo left four U.S. soldiers dead and two wounded, a Pentagon investigation found that while U.S. Africa Command claimed that U.S. troops were providing “advice and assistance” to local forces, the missions “more closely resembled U.S. direct action” — a military euphemism for strikes, raids, and other offensive missions — “than foreign partner-led operations”

    “After more than 20 years of fighting and the deaths of over 432,000 civilians and 7,052 U.S. servicemembers, we must change course from this failed militarized response and towards a more sustainable, rights-respecting approach to counterterrorism and national security,” said Heather Brandon-Smith, the legislative director for foreign policy at the Friends Committee on National Legislation, a Quaker group, referring to those killed during the U.S. war on terror. “Senator Paul’s resolution is a critical step to help set the United States on this long-overdue path.”

    In addition to FNCL, Paul’s resolution has been endorsed by The American Conservative, Frontiers of Freedom, Concerned Veterans of America, the Center for Renewing America, Just Foreign Policy, Heritage Action, and the Quincy Institute for Responsible Statecraft, a spokesperson for Paul told The Intercept.

    Between 2012 to 2023, the U.S. provided Niger with more than $500 million in military aid, one of the largest security assistance programs in sub-Saharan Africa. But despite copious aid to Niger and its neighbors, terrorist violence in the African Sahel has spiked. “The Sahel has seen a doubling in the number of violent events involving militant Islamist groups since 2021 (now totaling 2,912),” according to a recent report by the Africa Center for Strategic Studies, a Defense Department research institution. “It has also experienced a near tripling in fatalities linked to this violence in the same timeframe (to 9,818 deaths).”

    In early September, Paul sent a letter — citing The Intercept’s reporting on the secret use of proxy forces in Africa, the Middle East, and Asia — to Secretary of Defense Lloyd Austin asking for information about U.S. military operations in Niger and around globe. He has yet to receive a response, according to Paul’s spokesperson. “Sen. Paul’s Niger War Powers Resolution will provide the opportunity for elected officials to debate and go on record on the question of whether the United States should send its troops to fight in Niger,” said Paul’s communications director, Madeline Meeker. “This proposal will allow the American people to see how their representatives view the responsibility of sending their sons and daughters into warzones around the globe.”

    Last month, The Intercept contacted the offices of Sens. Bernie Sanders and Elizabeth Warren — both of whom pledged in 2019 to help bring the forever wars to a “responsible and expedient” end — to inquire if they supported Paul’s joint resolution. Neither office responded to those emails or follow-ups.

    “Any senator who is serious about ending endless wars will vote for Senator Paul’s Niger War Powers Resolution. Niger had absolutely nothing to do with 9/11 and therefore this mission can’t reasonably be said to be authorized under the 2001 AUMF,” said Aida Chavez, the communications director and policy adviser at Just Foreign Policy, referring to the 2001 Authorization for Use of Military Force, the overarching justification for the so-called war on terror, enacted in the wake of the September 11 attacks. “If the Biden administration wants to have troops there in late 2023 partnering with a military that just led a coup, it should ask Congress to debate and vote and let the American people weigh in.”

    The post Rand Paul Wants U.S. Troops Out of Niger appeared first on The Intercept.

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  • 14 October 2023, Israel, Sderot: Israeli military combat vehicles and tanks are seen near the Israeli-Gaza border as fighting between Israeli troops and the militants of the Palestinian group Hamas continues. Photo: Ilia Yefimovich/dpa (Photo by Ilia Yefimovich/picture alliance via Getty Images)
    Israeli military combat vehicles are seen near the Israeli-Gaza border on Oct. 14, 2023.
    Photo: Ilia Yefimovich/Picture Alliance via Getty Images

    The Misgav Institute for National Security & Zionist Strategy, an Israeli think tank, published a paper last week stating that thanks to the vicious Hamas attacks of October 7, “There is currently a unique and rare opportunity to evacuate the entire Gaza Strip.”

    The paper continues, “There is no doubt that in order for this plan to be enacted, many conditions need to exist in parallel. At the moment, these conditions exist, and it is unclear when such an opportunity will arise again, if at all.” Approximately 1,400 Israelis were killed during the initial assault.

    The think tank advocates a bizarre scheme in which Israel would ethnically cleanse the entirety of Gaza and pay Egypt to house its former inhabitants in currently empty apartments near Cairo. (The paper was first reported and translated from Hebrew by Mondoweiss.)

    The Misgav Institute is headed by Meir Ben Shabbat. Ben Shabbat served four years as Israel’s chief of staff for national security after being appointed to the position in 2017 by Prime Minister Benjamin Netanyahu. He previously was a senior official in Shin Bet, the approximate equivalent of the Federal Bureau of Investigation in the U.S. Other former top members of the Israeli government have also held prominent positions at the institute, as Mondoweiss explains.

    This specific language — right-wing leaders enthusing about the “opportunity” that arises from massive suffering of their own people — is a kind of macabre universal following eruptions of ultraviolence.

    On September 19, 2001, then-President George W. Bush proclaimed, “Through my tears, I see opportunity.” Several months later, Bush’s national security adviser, Condoleezza Rice, explained, “[T]his is a period not just of grave danger, but of enormous opportunity. Before the clay is dry again, America and our friends and our allies must move decisively to take advantage of these new opportunities.” There were 2,977 people who died at the World Trade Center and Pentagon, and aboard United Airlines Flight 93.

    Osama bin Laden also used language similar to that of the Misgav Institute — to describe the invasion of Iraq by the U.S. and its allies. In 2004, bin Laden said in an audio message, “Targeting America in Iraq in terms of economy and losses in life is a golden and unique opportunity. Do not waste it only to regret it later.” Hundreds of thousands of Iraqis were killed during the conflict.

    For Netanyahu’s part, he spoke in 2002 of the “golden opportunity” presented by the Al Qaeda bombing of a hotel in Mombasa, Kenya. In that attack, 13 people were killed, including Israeli brothers Noy and Dvir Anter, ages 12 and 13. CNN reported at the time that “screaming children covered in blood searched desperately for their parents amid the wreckage.”

    While he used different words, Netanyahu also saw a bright future on September 11, 2001, when he was working in the private sector after his first period as prime minister. Asked by the New York Times what the attacks meant for U.S.–Israeli relations, he responded, “It’s very good.” Netanyahu then walked back his first remarks, saying, “Well, not very good, but it will generate immediate sympathy.” At that moment, it was believed that far more people, about 20,000, had been killed at the World Trade Center than later turned out to be the case.

    As this all demonstrates, while the deaths of regular human beings are an unmitigated catastrophe for them and their families, our leaders often see a silver lining in our pain — a chance to do what they had always wanted to but had not been able to before.

    The post Hamas Attack Provides “Rare Opportunity” to Cleanse Gaza, Israeli Think Tank Says appeared first on The Intercept.

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  • The State Department urged U.S. citizens to leave Lebanon on Sunday “due to the unpredictable security situation.” The warning followed clashes between protesters and Lebanese security forces in a Beirut suburb near the U.S. Embassy after hundreds of Palestinians were killed last week in a blast at Al-Ahli hospital in Gaza. The unrest seems to confirm the fears of almost eight in 10 Americans that the war between Israel and Hamas will lead to a broader conflict in the Middle East.

    But few Americans realize that the United States has long been embroiled in a wider war in Lebanon, and that U.S. forces may be a target there, as well. The U.S. has, over decades, poured billions of dollars in security assistance into Lebanon and conducted counterterrorism efforts against Hezbollah, an Iran-backed Shia group with political and military wings. Lebanon’s dominant political and military force, Hezbollah has long been designated a terrorist organization by the U.S.

    In the shadow of that conflict, the U.S. has waged another “secret war” in Lebanon against Sunni terror groups like the Islamic State and Al Qaeda, according to a former four-star commander who oversaw the effort, declassified documents, former special operators with knowledge of the program, and analysts who have investigated U.S. Code Title 10 § 127e — known in military parlance as “127-echo” — which allows Special Operations forces to use foreign military units as proxies.

    Attacks on U.S. forces in the Middle East have already ramped up with drone strikes on American troops in multiple locations across Iraq and Syria, and drone and missile attacks from Yemen on a U.S. Navy destroyer in the northern Red Sea. Experts say that secrecy surrounding the 127e program in Lebanon, known as Lion Hunter, whose existence The Intercept revealed last year, could embroil the U.S. in a wider war in the Middle East and pose an additional threat to U.S. troops.

    Neither Special Operations Command nor Central Command, which oversees U.S. military operations in the greater Middle East, will comment on Lion Hunter and the number of U.S. troops who have been, and may still be, involved. But in a June “war powers” letter to Congress, President Joe Biden noted that “approximately 89 United States military personnel are deployed to Lebanon to enhance the government’s counterterrorism capabilities and to support the counterterrorism operations of Lebanese security forces.”

    The Israeli–Palestinian conflict makes it all the more crucial that secret wars like the one carried out via the 127e program in Lebanon are subject to congressional oversight, said Katherine Yon Ebright, counsel in the Brennan Center’s liberty and national security program and author of the most comprehensive analysis of the 127e authority. “Already, we have seen U.S. forces in the region targeted over the United States’s political support for and arms transfers to Israel,” Ebright said. “Congress and the public must know where U.S. forces are deployed in the region and whether those forces are at risk of attack, particularly as Hezbollah in Lebanon contemplates joining the conflict against Israel.” 

    View of the destruction and damage at the scene of the suicide bombing of the American Embassy, Beirut, Lebanon, April 18, 1983. (Photo by Peter Davis/Getty Images)
    View of the destruction and damage at the scene of the suicide bombing of the American Embassy, Beirut, Lebanon, on April 18, 1983.
    Photo: Peter Davis/Getty Images

    A $3 Billion Partnership

    The U.S. military has a long and checkered history of engagement in Lebanon, including a 1958 intervention by U.S. Marines to forestall an insurrection there. In 1983, during a civil war that lasted 15 years, bombings of the U.S. Embassy and the U.S. Marine Corps barracks in Beirut killed more than 300 people. The United States blames Hezbollah for both attacks.

    On Monday, during a speech to honor those killed in the barracks bombing 40 years before, U.S. Ambassador to Lebanon Dorothy C. Shea called out Hamas and Hezbollah for trying to “rob Lebanon and its people of their bright future,” saying that the U.S. and the Lebanese people “reject the threats of some to drag Lebanon into a new war.”

    Israeli President Isaac Herzog, meanwhile, has signaled a willingness to widen the current conflict. “I think Hezbollah is playing with fire,” he said. “And I want to make clear, we are not looking for a confrontation in our northern border … but if Hezbollah will drag us into war, it should be clear that Lebanon will pay the price.”

    America has a long-standing relationship with the Lebanese Armed Forces, or LAF. In a country where 80 percent of the population lives in poverty, the U.S. has provided more than $3 billion in military aid since 2006. “The United States is committed to a relationship that reinforces Lebanon’s security and stability,” said Lt. Col. Karen Roxberry, a Central Command spokesperson. “The Department of Defense provides training and security assistance to help support the LAF’s counterterrorism operations and border security.”

    The U.S. routinely decries “Iran’s continuing arms transfers to Hezbollah,” even as it works to arm the LAF with sophisticated weaponry. The U.S. government has facilitated almost $2 billion in Lebanese purchases through the Foreign Military Sales program, including light attack aircraft, helicopters, and Hellfire missiles. Through another program, the U.S. provided 130 armored and tactical ground vehicles. From 2016 to 2021, the United States also authorized the export of more than $82 million in U.S. military equipment to Lebanon, including $12 million in “firearms and related articles.”

    The State Department did not respond to detailed questions about the full extent of U.S. security assistance to Lebanon prior to publication.

    More than 6,000 members of the LAF have received training in the United States since 1970, including 120 members in 2020. Under the 127e authority, the U.S. trained, armed, advised, and directed an elite unit known as the G2 Strike Force. “The U.S. supporting proxy forces in Lebanon is part of a decades-long, overly militarized policy towards the Middle East that has ignored the root causes of the region’s turmoil and struggles and not brought the peace or stability Americans have been promised,” said Seth Binder, director of advocacy at the Project on Middle East Democracy.

    The U.S. is ramping up its military presence in the Middle East, sending the USS Dwight D. Eisenhower Carrier Strike Group and its roughly 7,500 sailors, along with the USS Bataan amphibious ready group, which consists of three ships carrying thousands of troops from the 26th Marine Expeditionary Unit.

    “By posturing these U.S. naval assets and advanced fighter aircraft in the region, we aim to send a strong message intended to deter a wider conflict,” said Pentagon Press Secretary Air Force Brig. Gen. Pat Ryder on Thursday. Binder warned that it threatens to do the exact opposite. “The administration’s rush to move forces into the region in order to ‘bolster deterrence’ is a dangerous response that puts the United States at greater risk of what the majority of Americans are afraid of: a broader war.”

    Masked men wearing bandanas showing the name and sigil of the Izzedine al-Qassam Brigades, the military wing of the Palestinian Islamist Hamas movement, take part in a demonstration supporting the Palestinians in Beirut on October 20, 2023, amid the ongoing battles between Israel and the Palestinian group Hamas. (Photo by Joseph EID / AFP) (Photo by JOSEPH EID/AFP via Getty Images)
    A demonstration supporting Palestinians in Beirut on October 20, 2023.
    Photo: Joseph Eid/AFP via Getty Images

    Exempt From Vetting

    Roxberry, the Central Command spokesperson, said that U.S. counterterrorism efforts in Lebanon are primarily aimed at Hezbollah. A formerly secret document obtained by The Intercept stops just short of revealing the target of the Lion Hunter program, noting only that its “activities serve to identify, isolate, and deny safe haven to [redacted].” Gen. Joseph Votel, who headed Special Operations Command from 2014 to 2016 and then Central Command until 2019, filled in the blank, noting that the effort was especially focused on Sunni extremist organizations, including the Islamic State, Al Qaeda, and affiliated terror groups.

    The 127e program in Lebanon was one of 20 in operation as recently as 2019, according to the formerly secret Special Operations Command document obtained via the Freedom of Information Act. Votel said it was one of the most effective proxy war efforts of the last decade. “We often held this program up as the gold standard,” he told The Intercept, calling America’s proxies in Lebanon “motivated and capable partners who were well led and very effective at what they were doing.”

    Central Command would not comment on the 127e program or proxies employed in Lebanon more generally. “We have no details to share specifically to G2 Strike Force,” said Roxberry, noting only that the Defense Department “supports broader efforts to build the LAF’s institutional capacity to train and operate its forces in a professional manner.”

    Votel, who observed the G2 Strike Force firsthand, praised their capability and prowess. “In comparison to other LAF units, they had a more direct chain of command, were smaller and thus more agile and responsive and were focused specifically on offensive operations. Their mission set was smaller and better defined than normal LAF organizations,” he told The Intercept.

    According to the formerly secret document, members of the G2 Strike Force undergo “comprehensive assessment” by U.S. Special Operations forces and are “subjected to counter-intelligence screening, polygraph testing, and physical and mental challenges before being selected.” But 127e programs have long been exempt from a vetting process required of other U.S. efforts supporting foreign forces under the “Leahy law.” The measure, named after former U.S. Sen. Patrick Leahy, requires the U.S. to scrutinize the human rights records of forces receiving U.S. security aid.

    Without such vetting, Brennan Center’s Ebright told The Intercept, the Pentagon “can end up supporting groups and individuals whose conduct may cause civilian harm, undermine U.S. credibility, and even create U.S. legal liability.” 

    “Congress, not the president, has the constitutional role of deciding when, where, and against whom the nation is at war,” Ebright said. “By overclassifying basic information about 127e programs, the Department of Defense hinders Congress’s ability to fulfill this role and potentially to stave off undemocratic, unaccountable U.S. involvement in a new war in the Middle East.” 

    The post Secret U.S. War in Lebanon Is Tinder for Escalation of Israel–Gaza Conflict appeared first on The Intercept.

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  • The photo shows people, some blurred in movement, at an airport.
    Reading Time: 8 minutes

    More than 20 years after 9/11, Muslim Americans continue to face discrimination at U.S. airports, at banks and in the security-clearance process, says the Muslim Public Affairs Council

    These actions fuel anti-Muslim animus throughout the U.S. and abroad, warns the council’s president and co-founder, Salam Al-Marayati. Created in 1988, the nonprofit works to improve public policy that affects Muslim Americans.   

    Case in point: More than 98% of the names on a leaked 2019 FBI domestic terrorism watchlist were Muslim, according to a 2023 report by the Council on American-Islamic Relations, a civil rights organization. The list has been sent to agencies throughout the federal government, local police departments, airlines, private companies and foreign governments, the report says.

    In Al-Marayati’s eyes, the watchlist serves as evidence of outdated national security priorities that don’t reflect the pressing and growing danger of white supremacists.

    A U.S. Government Accountability Office report in February showed that the FBI’s count of domestic terrorism cases grew by 357% between fiscal years 2013 and 2021. More than three-quarters of racially or ethnically motivated violent incidents, the most common type of domestic terrorism and the one representing the most deaths, were committed by people who identified as white supremacists, according to Department of Homeland Security data analyzed by GAO, the investigative arm of Congress. 

    Asked about that, a State Department spokesperson said in an email that countering racially or ethnically motivated violent extremism “is a top priority for the United States” and that the agency coordinates across the federal government and with international partners to address the global threat.

    “As stated by President Biden, white supremacy is the single most dangerous terrorist threat in our homeland,” the spokesperson added. 

    Al-Marayati said he sees security double standards at play in U.S. foreign policy. In September, the federal government admitted Israel as a participating nation in the Visa Waiver Program, which will allow Israeli citizens to travel to the U.S. without a visa for tourism or business for 90 days or less beginning on Nov. 30. The decision came amid outcries from Arab and Muslim Americans that Israeli officials at the country’s borders discriminated against them. 

    Qalandiya, an Israeli military checkpoint between the West Bank and Jerusalem, in February 2020. (Melissa Hellmann / Center for Public Integrity)

    U.S. citizens who are denied entry or experience discrimination when traveling to or in Israel may report the incident through the U.S. Embassy Jerusalem Incident Reporting Form, the State Department said. The agency said the U.S. and Israeli governments have worked “to successfully resolve specific complaints received via the online form and will continue to do so.” 

    The Office of the Director of National Intelligence did not respond to requests for comment. 

    Salam Al-Marayati, president and co-founder of the Muslim Public Affairs Council. (Photo courtesy of the Muslim Public Affairs Council)

    The Center for Public Integrity spoke with Al-Marayati about the council’s views on anti-Muslim animus in national security policy, the leadup to the U.S. presidential election and a new security model that prioritizes engaging with Muslims instead of targeting them.

    This conversation has been edited for length and clarity.

    Q: What were some key findings in your research on double standards around national security priorities?

    The main finding was this public website for the Office of the Director of National Intelligence, where the terrorist groups are primarily Muslim. There’s no neo-Nazi groups. 

    And most national security officials will tell you that [white supremacy groups] are now the major concerns of agents. But the fact they only single out Muslims on this terrorist list gives you a different picture that the United States is only concerned about Muslim terrorism, and not concerned about any other form of terrorists. And the same thing for Hindu militants attacking Muslims in the [Indian] subcontinent and other groups. 

    Number two, what we see is, every group that wants to win favor of the United States is using their counterterrorism playbook. They will say, “Well, we have to do what we do with the Muslims because they are terrorists.” This is exactly what China has stated against Uyghurs in China. This is what India has said about Muslims in that region and about Pakistan: They call it the terrorist state. And the same thing in Israel: They consider Palestinians to be part of a terrorist state and Arab countries do the same thing to their own dissident groups. 

    So the counter-terrorism playbook that was authored by the United States and that they have had since 9/11 is being exploited by every country, and by the United States itself when it decides to go to war in Afghanistan. Twenty years there, and in the end, it only gave back rule to the Taliban. So the content of the playbook is unfortunately a big part of U.S. policy that foreign countries leverage to win favor of the United States and to justify their atrocities. 

    A finding that I think is important is that there’s no way out of fighting terrorism through the military. And even the military has said that. They know that the only way to eradicate terrorism is by partnering with the people of the region. 

    And so we are offering a new model that is not replacing our national security policy, but augmenting it to include human security, which is the security of the people, not just security of the state, which was defined by [Franklin D. Roosevelt] as the four freedoms: freedom of worship, freedom of expression, freedom from want and freedom from fear. These four freedoms are important to consider when moving away from the current national security paradigm where we’re singling out Muslims and actually partnering with Muslim people throughout the region to effectively mitigate – if not eliminate – the threat of terror from the Middle East. 

    Q: Will you share more details about the new model?

    It’s not a model, it’s a concept. This is where we need to be meeting with U.S. officials to get their attention on this, because at this point, it is fairly status quo. This is [what led to] what happened over the weekend with the violence with Hamas. The Palestinians are basically irrelevant. In other words, the United States will go to Saudi Arabia, they’ll go to Gulf countries to broker a deal with them and Israel at the expense of any Palestinian representation. 

    We’re not going to solve the Palestinian problem with this current national security paradigm, because Palestinians — in this case — and Muslims in general are irrelevant to the United States. The United States is more interested in geopolitical interests. In other words, how Israel and Saudi Arabia can be economic collaborators in the region, or how India can be leveraged for its economy. So we Muslim people are irrelevant at this point in the national security paradigm.

    Q: You touched on this toward the end of your response — what do you think is at the heart of this outdated national security double standard?

    We’re in a time warp from post-World War I politics, where the British and the French carved out the region and decided to dismantle a religious symbol of Muslim [faith] called the caliphate. We’re not calling for the return of the caliphate, but that dismantlement in and of itself created severe consequences that we’re living in to this day. And it created the image that the West is at war with Islam. 

    So the United States inherited whatever was left by the British and the French after World War II and conducted coups like the one in Iran, where they ousted a democratically elected leader, Mohammad Mosaddegh, who was pro-America at the time. But they decided to go instead with a shah, which led to a dictatorship until the 1979 revolution. Anti-American sentiments spiked as a result of these politics, and that’s what we’re seeing today. The current national security policies are actually exacerbating anti-American sentiment in the region, which, in and of itself, is a contributing concern for any counterterrorism policy. 

    The United States is fighting yesterday’s war, which is a major strategic blunder, and they need to be fighting the current war, which is fighting the extremists by not allowing them to dictate the terms on behalf of people in the region, but to deal with the people separately. Therefore, human security is important in order to engage the populations that are going to [help] counter any form of violent extremism in the region.

    Q: What policies did the Muslim Public Affairs Council want to see from the Biden administration that may have fallen short?

    You see a lack of representation of Muslims in the highest level of policymaking in the United States government. There are no Muslim high-level officials in the National Security Council or in the State Department who act in an executive level of policymaking. We have a number of important Muslim leaders in the State Department, but not at the higher policymaking level. 

    Another issue is that the United States is protracting the war on terror, which has not worked. It only works when we partner with the people in the region. For example, ISIS was defeated by the United States and by Iraqis who sacrificed their lives. If you go to Iraq, you will see pictures of all the Iraqis who fought ISIS. The United States does not acknowledge or thank the Iraqi people for their partnership in fighting ISIS. The same thing happened to all of the Afghans who sacrificed their lives defeating the Soviet Union back in the ’80s. There aren’t any official expressions of gratitude to the people. 

    The major flaw is that the people of the region are irrelevant to any decision-making process. We have to stop securitizing Muslims as either being a security asset or as a security liability. We have to start treating people in the Muslim world as partners in the United States and involving them in the decisions that affect their lives in that region first and foremost. It should not only be Washington that dictates the terms on how people live their lives there.  

    Q: In the year leading up to the presidential election, what do you think is important for politicians to keep in mind? 

    When the two parties prepare and produce their political party platforms, a big segment should be about our national security. It should not be a repetition of the status quo national security policy. 

    I’d like to see both parties engage our community on how national security affects the Muslim world and how national security affects anti-Muslim animus in the United States. For example, when the United States government has a watch list comprising mainly of Muslims, when the United States’ policies [lead to] continued harassment of Muslims at airports and their delayed security clearances, banking discrimination against Muslims and denied civic participation to Muslims. 

    There’s a story of a New Jersey Muslim mayor who was invited to the White House for the end of Ramadan celebration, and when he got to the White House he was denied entry because he was on a former watch list. That is the epitome of the kind of anti-Muslim animus that happens in our country. And then we wonder why the rest of the public thinks that the Muslims are a suspect community. That is exactly what happened to the Japanese Americans during the internment camps. 

    All of these measures are done in the name of national security. And then when the government says they’re doing it for the sake of security, they expect the courts to back off because the courts do give license to the executive branch on national security matters. But these policies are not serving U.S. interests in any way. We would like to have a discussion about that with both political parties as we approach the next presidential election.

    Muslim people want to partner with the United States and American Muslims want to pursue American international interests, but only those that align with American values of human rights, freedom and justice. 

    Q: Would you please share your thoughts on the U.S.’s decision to admit Israel into the U.S. visa waiver program, particularly in light of the conflict that erupted?

    Even before the conflict, there were so many cases of people from our community who had family in the West Bank and Gaza who were denied entry, harassed or even physically abused at the border. We brought those claims to the State Department, and the State Department ignored our views altogether, which reinforces this notion that our views are irrelevant to the U.S. decision-making process.

    Ma’ale Adumim, the Jewish West Bank settlement, in February 2020. (Melissa Hellmann / Center for Public Integrity)

    Geopolitics dictates that the United States sacrifices so much to have a one-sided policy of unwavering support for Israel at the expense of Palestinian rights. And therefore they completely ignored the concerns from our community about abuses we [experienced] when we traveled to the region. So we felt that this visa waiver program was done by a national security apparatus that only looks at geopolitics. Israel was able to get the visa waiver program [to come to the U.S.] without demonstrating any kind of equal access. 

    But now, for Americans of Muslim or Arab background, there’s no guarantee of our security when we travel to the region. 

    The post Visions of a new national security paradigm appeared first on Center for Public Integrity.

    This post was originally published on Center for Public Integrity.

  • 07 October 2023, Palestinian Territories, Khan Yunis: Palestinians take control of an Israeli tank after crossing the border fence with Israel from Khan Yunis. Palestinian militants in Gaza fired dozens of rockets at Israeli targets early on Saturday, the Israeli army said. Photo: Abed Rahim Khatib/dpa (Photo by Abed Rahim Khatib/picture alliance via Getty Images)
    Palestinians stand atop an Israeli tank near the broken border fence after Hamas launched an attack into Israel, in Khan Yunis, Gaza, on Oct. 7, 2023.
    Photo: Abed Rahim Khatib/picture alliance via Getty Images

    The world has been struggling to find a good historical parallel for the vicious and horrific surprise attack Hamas launched against Israel on October 7.

    It is often said that 10/7 is the new 9/11. But 10/7 was more like a prison riot.

    For nearly two decades, the Gaza Strip has been bottled up and almost completely blocked off. It has been widely compared to an open-air prison. Israel and the United States have tried to seal Gaza, isolating its nearly 2 million residents on a tiny, impoverished strip of land. Washington and Tel Aviv thought that would let them keep Hamas at arm’s length.

    Instead, it just turned Gaza into an overcrowded penal colony where the most radicalized and violent gang leaders eventually gained control. Mass murder and hostage taking have been the result.

    Sealing off Gaza didn’t solve anything. Instead, its problems festered until they finally exploded last weekend.

    In the days since the carnage erupted, the American media has offered precious little context to the violence. But it really isn’t that difficult to look back over U.S., Israeli, and Palestinian policies and politics of the last 20 years and understand how we got here. Like so much else that has gone wrong in the Middle East in the 21st century, the George W. Bush administration deserves plenty of the blame for what’s happening now in Israel and Gaza.

    In the years immediately after the disastrous 2003 U.S. invasion of Iraq, Bush doubled down on his enterprise in the Middle East by proclaiming that he wanted to spread democracy throughout the region. So he pushed for elections in Gaza without thinking things through, just as he had in Iraq. Hamas gained power in Gaza after the 2006 elections there, leaving Palestinian territory badly divided between Gaza and the West Bank, where Fatah, a bitter enemy of Hamas, remained in charge.

    By then, Israeli politics were increasingly dominated by right-wing leaders. After the second Intifada began in 2000, the Israeli left had largely collapsed, and most Israelis had dropped their support for the “two-state” solution, under which Israel would agree to the creation of an independent Palestinian state.

    Instead, Israel bricked itself up. It built walls and expanded Jewish settlements in the West Bank while blockading Gaza.

    The Bush administration, eager to please pro-Israel, right-wing Christian evangelicals and simultaneously win American Jewish voters over to the Republican Party, did little to stop Israel from raising its drawbridges. Foreign assistance to Gaza dried up while the U.S. imposed sanctions on the Palestinian Authority because of Hamas’s rise to power. The Hamas-controlled Gaza Strip became an international pariah.

    When Barack Obama became president, he initially sought to revive Israeli–Palestinian peace talks, but little came of his efforts before he too abandoned them.

    As president, Donald Trump ignored the Palestinians while engineering the so-called Abraham Accords, in which the United Arab Emirates, Bahrain, Sudan, and Morocco agreed to recognize Israel. President Joe Biden has sought to expand the accords to include Saudi Arabia. But the agreements are hollow; they have won little popular support in the Arab world, largely because they do not address the status of the Palestinians.

    In other words: For two decades, a succession of American presidents has largely ignored the Palestinians and, in effect, gone along with Israeli efforts to abandon the idea of a Palestinian state.

    This aerial view shows supporters of the Palestinian Hamas movement rallying after Friday prayers, in Jabalia in the northern Gaza Strip, to show solidarity with Palestinians confronting Israeli forces at the AL-Aqsa Mosque compound in Jerusalem, on April 22, 2022. (Photo by MOHAMMED ABED / AFP) (Photo by MOHAMMED ABED/AFP via Getty Images)
    Hamas supporters rally in the northern Gaza Strip, to show solidarity with Palestinians confronting Israeli forces at the Al-Aqsa Mosque in Jerusalem, on April 22, 2022.
    Photo: Mohammed Abed/AFP via Getty Images

    One reason the United States has been so unwilling to challenge Israel’s lurch to the right has been the simultaneous rise of right-wing Christian evangelicals in U.S. politics. Evangelicals have become so powerful within the Republican Party that they have changed the domestic American political calculus about Israel.

    George W. Bush’s father, President George Herbert Walker Bush, was willing to push Israel and criticize its policies, so much so that when George W. Bush first ran for president, Israeli leaders feared that he would be just as tough on Israel as his father had been.

    But that didn’t prove true, and one reason was that Christian evangelicals had become a more important part of the Republican Party by the time he came into office. Evangelicals believe the Bible compels them to support Israel; they believe that the creation of the state of Israel in 1948 was the fulfillment of the biblically foretold “regathering” of the Jews. They also believe that the Bible says that the Jews will continue to rule Israel until the return of Jesus, so Israel must continue to exist until the “Rapture,” which will occur after the second coming of Christ.   

    Evangelicals vigorously debate the many side-plots of this “end times” theology, which have the potential to lead them down weird geopolitical rabbit holes. And in the long run, their theology isn’t good for the Jews; in the Rapture, Christians will ascend to heaven while everyone else, including the Jews, will be destroyed.

    But the Rapture is still a long way off. For now, the upshot is that Christian evangelicals are unquestioning supporters of Israel — and that means the Republican Party is too. Trump’s controversial decision to move the U.S. embassy to Jerusalem in 2018 enthralled evangelicals. His administration prominently featured Robert Jeffress, a leading evangelical minister, and John Hagee, a televangelist and founder of Christians United for Israel, at the embassy’s opening.  

    (Oddly, that support for the state of Israel has coincided with an explosion of antisemitism on the American right.)

    Christian evangelicals’ strong pro-Israel stance has led Republicans to make a play for the votes of American Jews — unnerving Democrats, who worry that Jews will leave their longtime political home in the Democratic Party. As a result, Democrats, just like Republicans, have been unwilling to challenge Israel’s right-wing governments or its refusal to revive serious negotiations about a Palestinian state. The few progressive voices in the Democratic Party who criticize Israel are usually shouted down by both Republicans and by the mainstream of their own party. There are no powerful voices in the United States warning of another bloody Middle Eastern quagmire.

    Instead, in the coming weeks, Israel will be operating with something close to an American blank check.

    The post Not Israel’s 9/11, but a Prison Riot appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Last year, the White House publicly shot down a controversial proposal from Republican lawmakers to designate fentanyl as a weapon of mass destruction, or WMD. 

    Though President Joe Biden declined to issue the executive order granting the WMD designation, which would have come with extraordinary powers to combat the scourge, federal agencies — including the Department of Defense, the FBI, and the Department of Homeland Security — had already begun preparing for a fentanyl WMD attack as far back as 2018.

    Government documents obtained by The Intercept reveal that national security agencies have for years been advancing the narrative that the drug could pose a WMD threat, going so far as conducting military exercises in preparation for an attack by a fentanyl weapon.

    The push to declare fentanyl a WMD — and the security state approaching the drug that way even absent the declaration — has been a boon to federal agencies’ budgets. It’s not clear, however, that reimagining the highly toxic drug as a superlethal weapon has had any effect of combating the ongoing crisis of fentanyl overdoses. What it has done, though, is help kick off a panic.

    “In the WMD world, there’s an industry built on taking a bit of a threat du jour and, like a few egg whites and a whisk, whipping it into an expensive meringue,” said Dan Kaszeta, a former adviser to the White House on chemical and biological preparedness and longtime expert on WMDs. The push to treat fentanyl like a WMD so far “involves emergency responders giving fentanyl mythical properties that toxicologists and anesthesiologists who use the stuff all the time refute,” added Kaszeta, who is currently an an associate fellow at the Royal United Services Institute, a British think tank.

    “Is it,” Kaszeta asked, “the next anthrax scare — a way to beg for budget, training, equipment?”

    Even as it produced material warning of a fentanyl weapon, the government at times assessed such an attack was unlikely. One internal 2018 FBI bulletin, obtained by The Intercept from a former federal law enforcement official, calls the possibility of a chemical attack using fentanyl a “low probability high impact event.” 

    In a statement to The Intercept about the report, an FBI spokesperson said, “While our standard practice is not to comment on specific intelligence products, the FBI regularly shares information with our law enforcement partners to assist in protecting the communities they serve.”

    Can’t Touch This

    “Fentanyl Very Likely a Viable Option for a Chemical Weapon Attack in the United States for Extremists and Criminals, Low Probability High Impact Event,” reads the title of the July 2018 FBI intelligence bulletin. 

    The assessment, produced by the FBI’s Weapons of Mass Destruction Directorate, cites bureau and Centers for Disease Control information to conclude with “high confidence” that the likelihood of such an attack is a remote probability. The long odds are “due to no known credible threat reporting regarding the use of fentanyl for a CW” — chemical weapon — “event in the United States.”

    The intelligence bulletin, marked “FOR OFFICIAL USE ONLY” and not disseminated to the public, also references a since-removed Drug Enforcement Agency fentanyl briefing guide for first responders. Under a red, boldfaced “WARNING,” the briefing guide incorrectly cautioned that mere incidental skin contact or inhalation of even just a small amount of fentanyl can result in death. 

    The DEA blasted out the warning to law enforcement agencies all over the country, including the FBI, generating panic among police.

    The DEA later revised its guidance after the American College of Medical Toxicology and the American Academy of Clinical Toxicology issued a joint report concluding that “the risk of clinically significant exposure to emergency responders is extremely low.” 

    The hysteria, however, continues to this day. Around 80 percent of police officers surveyed believe you can overdose by touching fentanyl, according to three different studies.

    A screenshot from San Diego County Sheriff’s Department body camera footage showing a deputy who collapsed after coming into contact with fentanyl in 2021. Medical experts have suggested an overdose was unlikely.

    A screenshot from San Diego County Sheriff’s Department body camera footage showing a deputy who collapsed after coming into contact with fentanyl in 2021. Medical experts have suggested an overdose was unlikely.

    Screenshot: The Intercept

    In 2021, the San Diego County Sheriff’s Department released dramatic body cam footage of a deputy collapsing after contact with fentanyl. “My trainee was exposed to fentanyl and nearly died,” Cpl. Scott Crane remarks in the video. 

    News media echoed the department’s claims, with the San Diego Tribune running an article headlined, “‘I’m not going to let you die’: Deputy overdoses after coming in contact with fentanyl.” 

    Medical experts promptly took issue with the story, saying incidental contact with fentanyl can’t cause an overdose and suggesting that the officer’s reaction was more likely an anxiety response. 

    The Tribune’s public safety editor responded with a statement saying the publication asked the sheriff’s department to respond to the criticisms and for more information on the incident — once again relying on the account of law enforcement officials rather than medical experts.

    DHS Push to Label Fentanyl as WMD

    In 2019, the assistant secretary in charge of the Department of Homeland Security’s newly created Countering Weapons of Mass Destruction Office referenced the FBI report from the previous year.

    “In July 2018, the FBI Weapons of Mass Destruction Directorate assessed that ‘… fentanyl is very likely a viable option for a chemical weapon attack by extremists or criminals,” said the February 22, 2019, DHS memo, sent by James McDonnell to the DHS secretary, first reported by the military news website Task & Purpose.

    The memo didn’t mention the next sentence in the FBI document: a warning that the event was “low probability” due to there being “no known credible threat reporting” on the matter. (Asked why the memo did not mention this, the Department of Homeland Security did not respond to a request for comment.)

    The omission appears to be part of a bureaucratic turf-grab. Since the office was created by consolidating DHS’s Domestic Nuclear Detection Office with its Office of Health Affairs, if fentanyl, a public health threat, could be portrayed as a WMD threat, it could fall under the new office’s purview. 

    The memo went on to suggest that the creation of the new office under the Countering Weapons of Mass Destruction Act of 2018 “provides an opportunity to apply DHS CWMD assets and capabilities to the fentanyl problem through the lens of WMD.” Suggested applications included the development and deployment of sensor technology to detect fentanyl.

    The DHS memo’s proposals were criticized as misguided when they were reported on, and the CWMD office did end up getting involved in the fentanyl response. In July 2019, DHS’s Science and Technology Directorate announced that it had begun work with a private firm to develop a miniaturized nanofiber device capable of detecting fentanyl. In the announcement, the DHS office repeated the false claim that “fentanyl can be absorbed through the skin … putting many first responders at risk of a fatal contact overdose.”

    In 2020, the CWMD office awarded a contractor $1.7 million to produce a trace chemical detector designed to screen for trace amounts of fentanyl on the outside of parcels — the same kind of sensor technology referenced in the DHS memo.

    Under Pressure

    Politicians are under intense pressure to respond to the epidemic of fentanyl overdoses, a crisis that claimed almost 70,000 lives in 2021 alone, according to Centers for Disease Control data.

    In April last year, Ambrose Partners lobbyist Kevin Fogarty, the former longtime chief of staff to Rep. Pete King, R-N.Y., registered to lobby on behalf of the nonprofit Families Against Fentanyl. The group released a 2021 letter by former top national security officials — including top CIA brass and a cabinet secretary — calling for a declaration making fentanyl an official WMD. Fogarty would be a natural choice to lobby Capitol Hill: King, his old boss, served as the chair of the Homeland Security Committee before retiring in 2021.

    Several Republican members of Congress, like Rep. Lauren Boebert, R-Colo., have introduced legislation that would label fentanyl a WMD. 

    In September 2022, 18 state attorneys general signed a letter urging Biden to classify the drug as a WMD. Led by Republican Florida Attorney General Ashley Moody and Democratic Connecticut Attorney General William Tong, the officials said the move “would require the Department of Homeland Security and the Drug Enforcement Administration to coordinate a response with other agencies, including the Department of Defense — as opposed to the federal government simply treating the substance as a narcotics control problem.”

    The White House quickly swatted down the proposal.

    The Military Gets Involved

    “It may seem odd to classify fentanyl as a weapon of mass destruction like a chemical or biological warfare agent, but as a threat to our first responders and in the interest of public health and safety we handle it as a threat in exactly the same way,” Lt. Col. Tyler Royster, commander of the 10th Civil Support Team of the Washington state National Guard, said in a March 30 press release. The unit provided support to state police responding to the Thurston County, Washington, jail following six fentanyl overdoses.

    Civil Support Teams, also known as WMD-CSTs, are federally funded, active duty military personnel under the National Guard that provide support to civil authorities in cases of the use or threatened use of a WMD.

    The Washington WMD-CST unit worked with a SWAT team to “eliminate on-site hazards,” using a sophisticated spectroscopy device to scan for fentanyl.

    None was detected.

    The U.S. military has also sought to conduct military exercises simulating fentanyl WMD attacks. In June, the Wyoming National Guard’s WMD civilian support unit, as part of an exercise called “Vigilant Guard,” planned a scenario in which a conflict between rival drug gangs escalates into a weaponized fentanyl attack.

    “International narcotics networks, in coordination with international military competitors, exploit regional narcotic distribution networks to increase violence between rival gangs and push a narrative of America being unsafe via social networks,” says the ominous description of one scenario in a procurement document. “Additional targeting information reveals plans for a retaliation shooting and use of aerosolized car fentanyl on a rival gang location in Cody, Wyoming and Powell, Wyoming.”

    The post The U.S. Government Is Preparing for a Fentanyl WMD Attack appeared first on The Intercept.

    This post was originally published on The Intercept.

  • On the night of March 23, 1971, New York Times reporter Neil Sheehan excitedly called Max Frankel, the Times’s Washington bureau chief, to give him the news he had been waiting weeks to hear. “I got it all,” Sheehan told Frankel.

    Sheehan had just accomplished one of the greatest journalistic coups of the 20th century. He had obtained the Pentagon Papers, the Defense Department’s 7,000-page secret history of the Vietnam War, which revealed that the government had been lying to the American people about the brutal conflict since it began. It was the first mass leak of classified documents in modern American journalism, four decades before WikiLeaks and Edward Snowden.

    But Sheehan had lied to his source, Daniel Ellsberg, a disillusioned former defense analyst turned whistleblower, to get the documents. He had secretly copied them after he had promised Ellsberg he wouldn’t.

    Sheehan confessed to his editors that he had “Xeroxed the materials without permission and the source was unaware that he had done so,” according to a remarkable and previously unpublished 1971 legal memo obtained by The Intercept. When confronted by an anxious Times lawyer, Sheehan insisted that the Pentagon Papers “were not stolen, but copied,” according to the memo.

    The long-buried memo contains Sheehan’s contemporaneous and confidential account of his relationship with Ellsberg, as well as Sheehan’s version of events inside the Times as it prepared to publish the Pentagon Papers. It offers an unprecedented, real-time depiction of Sheehan’s actions — including his phone call to Frankel and his admission to his editors that he had lied to his source.

    (Original Caption) Ellsberg Arrives at Court. Los Angeles: Daniel Ellsberg talks with newsmen as he arrives for arraignment at courthouse here. Ellsberg is charged with violating the law by leaking the secret Pentagon papers to the news media.

    Daniel Ellsberg, charged with leaking the secret Pentagon papers, talks with press as he arrives for arraignment at court in Los Angeles, on Aug. 16, 1971.

    Photo: Bettmann Archive

    “He Stole Our Glory”

    For decades after the Times published the Pentagon Papers, Daniel Ellsberg quietly seethed about what he saw as the deceitful way he was treated by Sheehan and the newspaper. He was furious when he discovered that Sheehan had lied to him repeatedly, and he remained mystified as to why Sheehan had misled him in ways that Ellsberg felt violated the basic tenets of a reporter-source relationship. To Ellsberg, the lies seemed gratuitous, as when Sheehan told him that the Times hadn’t decided whether it was really interested in the Pentagon Papers, even as Sheehan and other reporters were furiously drafting stories based on the documents that Sheehan had secretly copied. He only found out that Sheehan had been lying to him when he was alerted by someone else at the Times the day before the first Pentagon Papers stories were splashed across the front page of the June 13, 1971, edition.

    Sheehan’s behavior has been “a great puzzle for me for 50 years,” Ellsberg said in an interview conducted just months before he died in June at the age of 92. “Why did Neil Sheehan not tell me that the Times was coming out with this stuff?”

    In his final months, Ellsberg was eager to talk — at greater length and in far more detail than ever before — about the dramatic backstory of the Pentagon Papers, and especially about his intense and volatile relationship with Sheehan and the newspaper. That relationship is further detailed in the newly unearthed memo, which is historically significant because it is based on confidential conversations between Sheehan and his lawyer in the days immediately after the Pentagon Papers were published.

    Mitchell Rogovin, Sheehan’s lawyer in 1971, wrote the 14-page memo describing how Sheehan had obtained the documents, based on Rogovin’s discussions with Sheehan right after the publication of the Pentagon Papers. At the time the memo was drafted, a federal grand jury in Boston was considering whether to indict Sheehan and the Times in connection with the publication of the classified documents. Rogovin wrote the memo for James Goodale, then the Times’s general counsel, while both the Times and Sheehan were fighting the government’s efforts to charge them. The Boston grand jury was disbanded without ever charging Sheehan or the Times, but the memo has survived, buried in legal files, and is only now being made public, long after the deaths of both Sheehan and Rogovin. Goodale mentioned the Rogovin memo and briefly quoted from it in his 2013 memoir, “Fighting for the Press,” but The Intercept is publishing the full document here for the first time.

    The 1971 memo from Mitchell Rogovin, Neil Sheehan’s lawyer, to James Goodale, the general counsel of the New York Times, is a remarkable historical document, based on confidential conversations between Sheehan and his lawyer immediately after the Pentagon Papers were published. Goodale, who provided the memo to The Intercept, redacted two paragraphs that he said do not relate to the Pentagon Papers.

    “In February of 1971 Neil Sheehan was offered what has since been called the ‘Pentagon Papers,’” the memo begins. “His source would make these materials available to the Times if it ‘would handle it properly’ — certain conditions were set forth.” One Times editor told Sheehan that he was trying to obtain “the journalistic hydrogen bomb.”

    The Rogovin memo and Ellsberg’s extensive interviews in his final months offer competing views of what happened from the two main protagonists in the Pentagon Papers saga. Along with new interviews with other key figures, they offer a clearer and more nuanced view of the story behind one of the most significant events in American journalism.

    One Times editor told Sheehan that he was trying to obtain “the journalistic hydrogen bomb.”

    The publication of the Pentagon Papers is the origin story of the modern New York Times in the same way that Watergate is the origin story of the modern Washington Post. The decision to publish the classified documents transformed the Times from a staid centerpiece of the American establishment to a far more aggressive and professional news organization that no longer saw itself solely as a purveyor of official statements and authorized leaks. With the Pentagon Papers, adversarial journalism became the Times’s ambition, rather than just an accidental byproduct of its conventional reportage. The backstory of how the Pentagon Papers ended up at the Times — and particularly the fraught relationships between Ellsberg, Sheehan, and the Times — has never been fully told. That is due in part to the fact that the Times, like most news organizations, has long resisted thoroughly recounting its own history. The newspaper is reluctant to shatter the myths that have grown up around its most famous act of journalism.

    That hidden backstory is complicated and messy, and for many years, none of the people involved wanted to speak publicly about what really happened. For his part, Ellsberg was happy that the Times actually published the documents, and he forgave Sheehan for his lies, even though he did not quite forget them.

    Despite his age, Ellsberg’s memory was sharp during interviews conducted near the end of his life both for The Intercept and for my book, “The Last Honest Man,” as he recounted the stunning story behind the historic leak, one that revealed his risk-taking and persistence as he stubbornly navigated the analog world of the late 1960s and early 1970s to reveal government secrets. Ellsberg did this in an era of rigid orthodoxy, when the idea of revealing classified material was considered heresy and terrified every political leader in Washington, even those deeply opposed to the Vietnam War. The defining moment in Ellsberg’s life came when he finally succeeded in getting the story out and found himself at the center of a political firestorm sparked by the first mass leak of classified documents by a whistleblower in American history.

    Ultimately, Ellsberg became an iconic figure, an activist for democracy and press freedom; his fame was enhanced by the Nixon administration’s decision to prosecute him for leaking the Pentagon Papers, followed by the revelation of the burglary of his psychiatrist’s office by the infamous White House Plumbers, which led to the dismissal of his legal case and was a precursor to the Watergate scandal. Yet his prominence only served to worsen his ragged relationship with the Times, which didn’t want to share the spotlight with its source.

    For decades after the publication of the Pentagon Papers, the Times distanced itself from Ellsberg. The newspaper’s identity and status became so wrapped up in the groundbreaking stories that some at the paper were angry that Ellsberg’s fame overshadowed the Times’s and diluted the credit they thought was due the newspaper for its decision to publish the documents.

    “He stole our glory,” Goodale said in an interview. 

    Lawyers for the New York Times leave the U.S. Supreme Court after presenting the paper's arguments in its right to publish the Pentagon papers on Vietnam.  They are, Lawrence McKay; Floyd Abrams; Alexander Bickel; James Goodale; and William Hegarty.  (Photo by Bettmann Archive/Getty Images)

    Lawrence McKay, Floyd Abrams, Alexander Bickel, James Goodale, and William Hegarty, lawyers for the New York Times, leave the U.S. Supreme Court after arguing the right to publish the Pentagon Papers.

    Photo: Bettmann Archive

    An Accidental Source

    At first, Daniel Ellsberg didn’t intend to go to the press. For the man who would be remembered as one of the greatest sources in the history of American journalism, the press was a last resort.

    Before he became a world-famous rebel, Ellsberg was in the process of building a blue-chip career that easily could have taken him to the top of the American establishment. Born in Chicago in 1931, Ellsberg grew up in Detroit, went to Harvard, and served as an officer in the Marines before joining the RAND Corporation, an influential defense-oriented think tank, where he worked as an analyst focusing on nuclear strategy. He earned a doctorate in economics, specializing in decision theory, and by 1964, he was a staffer at the Pentagon under the ultimate technocrat, Defense Secretary Robert McNamara. He later spent two years in South Vietnam working under Gen. Edward Lansdale, who tried and failed to apply the counterinsurgency and psychological warfare tactics he had used in the Philippines in the 1950s to the Vietnam War. His time in Vietnam convinced Ellsberg that the murderous war could not be won.

    After returning to RAND in 1967, Ellsberg joined other analysts to work on a secret, 47-volume history of the war commissioned by McNamara. To help write the history, Ellsberg gained access to highly classified documents that revealed in stunning detail the deceit at the heart of U.S. policy in Vietnam.

    Ellsberg realized that the American people needed to know the truth. He came to believe that exposing the secret history could help end the war. In September 1969, he covertly took a copy of the Pentagon Papers from RAND. Along with his friend Anthony Russo and Russo’s girlfriend, Linda Sinay, Ellsberg began to copy the Pentagon Papers, while trying to decide how best to publicize their findings.

    After talking with a lawyer about the odds that he would be prosecuted for leaking the documents, Ellsberg said that he calculated that he was less likely to be charged for giving the papers to a member of Congress than he would be if he gave them to the press. He also believed that congressional hearings would give the Pentagon Papers greater credibility and have a bigger impact than stories in a newspaper.

    (Original Caption) Washington: With his wife by his side, Sen. George S. McGovern, D-S.D., tells a crowded news conference at the Capitol that Pres. Nixon has violated the "spirit and letter" of a congressional ban on military intervention in Cambodia. McGovern announced his presidential candidacy.

    Democratic Sen. George McGovern tells a crowded news conference at the Capitol on Jan. 19, 1971 that President Richard Nixon has violated the “spirit and letter” of a congressional ban on military intervention in Cambodia.

    Photo: Bettmann Archive

    He first turned to Sen. J. William Fulbright. Ellsberg sought out the Arkansas Democrat in November 1969 because he was the powerful chair of the Senate Foreign Relations Committee and had led congressional hearings that gave voice to the war’s skeptics. Ellsberg took the risk of providing some of the Pentagon Papers to Fulbright in a meeting with the senator’s staff present. “I wanted them all to witness that [Fulbright] had held some of these papers, so he couldn’t say afterwards, ‘Oh, that was some staff thing’” that the senator didn’t personally know about, Ellsberg recalled in an interview. “So, in front of everybody, I hand him this thing.” Ellsberg gave Fulbright highly classified sections of the Pentagon Papers relating to U.S. diplomacy that he later refused to give Sheehan and the Times because he thought they were too sensitive to be published in a newspaper, according to the Rogovin memo. But after initially expressing interest, Fulbright backed off, fearful of the consequences of going public with stolen classified material. In December 1970, Fulbright finally told Ellsberg he wasn’t going to do anything with the documents.

    Ellsberg tried other lawmakers in early 1971, believing that Congress was the safest and most effective place for him to make the Pentagon Papers public, but he was repeatedly rebuffed, including by Sen. George McGovern, the anti-war liberal Democrat from South Dakota who later ran for president; Sen. Gaylord Nelson, a liberal Democrat from Wisconsin; and Sen. Charles Mathias, a liberal Democrat from Maryland.

    Ellsberg had naïvely hoped that his efforts to publicize the documents would remain secret even as he was rather recklessly talking to so many different senators. But inevitably, his conversations on Capitol Hill were soon shared. When Ellsberg talked with McGovern again a week after their initial meeting, McGovern told him that he and Nelson had compared notes and found that they were both talking to Ellsberg about the Pentagon Papers. “He tells me he’s talked to Gaylord Nelson,” Ellsberg recalled. McGovern said that when he’d told Nelson about the classified documents he had been offered, Nelson responded: “Was that Ellsberg?”

    Discouraged, Ellsberg was having lunch in the Senate cafeteria by himself when he recognized I.F. Stone, the famous independent journalist, sitting at a nearby table. Ellsberg was a fan of Stone. “I recognized [Stone] by his bottle glasses,” Ellsberg recalled. “And so I decided to tell him what I was doing. ‘I have these top-secret documents, the whole history of the war.’” Ellsberg poured out his frustrations to Stone about his inability to get any prominent senator to go public with the Pentagon Papers. “He looked at me, and he did have tears in his eyes, and he said, ‘God bless you for what you’re doing.’”

    "May Day" demonstrators cheer their successful blocking of the main entrance to the House of Representatives in massive protests against the war in Vietnam. (Photo by © Wally McNamee/CORBIS/Corbis via Getty Images)

    Demonstrators cheer while blocking the entrance to Congress in massive protests against the war in Vietnam on May Day in 1971.

    Photo: Wally McNamee/Corbis via Getty Images

    A Secret Deal

    Even as he continued to try to get someone in Congress to take action, Ellsberg turned to a left-wing Washington-based think tank, the Institute for Policy Studies. In August 1970, he gave the group about 1,000 pages of the 7,000-page history. One of the organization’s leaders was Marcus Raskin — the father of Rep. Jamie Raskin, a Maryland Democrat who played a leading role in the House investigation of the January 6, 2021, insurrection. Ellsberg agreed to let Marcus Raskin and two others at IPS — Richard Barnet and Ralph Stavins — use the documents for a book they were working on about the Vietnam War, as long as they did so only on background, meaning they wouldn’t acknowledge publicly that they possessed the classified history or quote from it directly.

    Without Ellsberg’s knowledge, the IPS researchers gave a copy of the 1,000 pages to Neil Sheehan.

    Rep. Jamie Raskin said in an interview that his father gave Sheehan copies of the Pentagon Papers because he was frustrated that Ellsberg was being too cautious and taking too long to make them public. “I recall my dad telling me that he urged Dan to go public as quickly as possible,” Raskin said. “At a certain point my dad decided to share the Pentagon Papers with New York Times reporter Neil Sheehan to hasten public exposure of the criminality of the war.”

    Without Ellsberg’s knowledge, the researchers gave a copy of the 1,000 pages to Neil Sheehan.

    Decades later, Marcus Raskin finally told Ellsberg what had happened: Raskin said that he and the other IPS researchers thought they had secretly reached a deal with Sheehan.

    In return for giving the Times the documents, Sheehan had told Raskin and the other IPS researchers that the Times would agree to coordinate the publication of its stories based on the documents with the release of the think tank’s book on Vietnam. In addition, Sheehan agreed to two other conditions: On the same day that the Times published its stories on the documents, it would also publish a review of the think tank’s book and a column by Raskin about U.S. war crimes in Vietnam. 

    Raskin, Barnet, and Stavins had originally proposed the deal to Sheehan, who said that he would have to check with his editors before he could agree to the conditions. Sheehan later told Raskin and the others that the Times editors had approved the deal, so the IPS researchers gave him the documents. 

    But the Times did not abide by that deal, and there is no evidence that Sheehan ever actually talked to any of his editors about it. 

    By the time Raskin and Barnet finally told Ellsberg about their supposed deal with Sheehan, he had long known that the IPS researchers had given Sheehan the documents, and he had been angry for years that they had done so behind his back. But Ellsberg found that they were also bitter over what they saw as Sheehan’s betrayal.

    “I learned from Raskin and Barnet, bit by bit, but then, all of it, the story” of what had happened, Ellsberg said. “They gave [the documents] to him, both Raskin and Barnet told me, on a deal that probably no newspaper had ever made, before or since.”

    Ellsberg said he was flabbergasted. “‘Jeez,’ I said to Raskin, ‘is there any newspaper that ever made a deal like that?’ And he said, ‘No, but those were our conditions for giving him the stuff.’”

    “Raskin was very firm on this point,” Ellsberg said. “He said, ‘Absolutely, we had those conditions, he agreed, and they betrayed us.’”

    (Original Caption) 6/14/1968-Boston, MA- Marcus Raskin (C), near tears, was acquitted by a jury who found Dr. Benjamin Spock and three others guilty of conspiring to counsel youths to avoid the draft. The four others found guilty were: Dr. Spock, Mitchell Goodman, Michael Ferber, and Yale Chaplain William Sloane Coffin, Jr.

    A young Marcus Raskin leaving court in Boston, on June 14, 1968.

    Bettmann Archive

    When he asked why they had not told him about this supposed deal decades earlier, Ellsberg said that Barnet admitted that they had felt humiliated by the entire episode. “I learned this 30 years later,” Ellsberg said. “I said, ‘Dick, how could you not have told me this stuff?’ He said, ‘We were embarrassed. I was embarrassed at the way we treated you.’” 

    “When he told me the story, Marcus was very angry,” Ellsberg recalled. Sheehan “simply lied to them as a reporter,” Ellsberg said. That was “totally in line with my dealings with Sheehan.” (Marcus Raskin died in 2017, Barnet died in 2004, and Stavins died earlier this year.)

    Former New York Times editors who were directly involved in the publication of the Pentagon Papers said in interviews that Sheehan never told them he had agreed to a deal with Raskin and IPS. In fact, they said, they didn’t even know at the time that Sheehan had first obtained a portion of the Pentagon Papers from IPS, rather than from Ellsberg.

    “Sheehan never told me he got some of the documents from Raskin and IPS,” said Frankel, Sheehan’s boss when the outlet published the Pentagon Papers and one of the handful of senior editors directly involved in the project. “I never heard of any deal that Sheehan had made with IPS and Raskin. They would have to have been very naïve to believe that Sheehan could make that deal.”

    “At the time, I was under the assumption that all 7,000 pages were all from Ellsberg,” added James Greenfield, the Times’s foreign news editor in 1971 and the project manager for the Pentagon Papers.

    The Rogovin memo doesn’t provide conclusive answers about Sheehan’s interactions with IPS or reveal exactly what Sheehan told his editors about IPS’s role. The references to IPS in the memo are intriguing, but fragmentary.

    Related

    Daniel Ellsberg Wanted Americans to See the Truth About War

    On April 2, 1971, according to the memo, Sheehan told Frankel about “the book that IPS was working on and how this could be used as a lever against the source.” That suggests that Sheehan told Frankel that IPS had some of the documents and that he thought he could somehow use that knowledge to pressure Ellsberg to the Times’s advantage. But it doesn’t indicate that he told Frankel that he had obtained those documents from IPS. Later, during an April 21, 1971, meeting with Times editors, Sheehan mentioned “the involvement of the Institute for Policy Studies,” but the memo doesn’t say whether Sheehan said anything more about IPS than what he had previously told Frankel, whom the memo shows also attended the meeting. The memo’s final reference to IPS indicates that at some point not long before the Pentagon Papers were published, Sheehan arranged for a Times secretary to travel from New York to Washington “to deliver some materials” to Sheehan’s wife. Susan Sheehan then “in turn, gave them to IPS,” the memo states. It seems likely that after he obtained the full set of the Pentagon Papers from Ellsberg, Sheehan asked his wife to return the portion of the Pentagon Papers he had obtained from IPS. But it is not clear from the memo whether anyone else at the Times knew that’s what he was doing.

    Susan Sheehan said in an interview that she doesn’t recall the episode involving her and the delivery of materials to IPS that is described in the memo. She also said that she doesn’t recall any sort of deal between her husband and the IPS researchers, adding that they all remained on good terms after the Pentagon Papers were published.     

    Yet it is easy to see why Neil Sheehan might not have been completely forthcoming with his editors about the role of IPS. At the time, Raskin, Barnet, Stavins, and other IPS researchers were considered wild-eyed leftist activists by the Washington establishment, and Times management might have been concerned if they had known that some of the documents were coming from the group.

    “They did not want to be associated with IPS,” Ellsberg said.

    In early 1971, Raskin, Barnet, and Stavins met with Ellsberg and urged him to meet with Sheehan. Ellsberg, frustrated by the failure of his other plans for making the documents public, agreed.

    5/1963-Saigon, South Vietnam-ORIGINAL CAPTION READS: Photo of UPI reporter Neil Sheehan seated at his typewriter.

    Neil Sheehan seated at his typewriter in Saigon, South Vietnam, in 1963.

    Bettmann Archive

    They Wont Let Me Cover Vietnam”

    By the time they began to discuss the Pentagon Papers, Ellsberg and Sheehan had known each other for several years. Ellsberg said in an interview that he had secretly leaked some information to Sheehan for a story about Vietnam in 1968; they met again two years later at a dinner party hosted by Tony Lake, a former aide to Richard Nixon’s national security adviser, Henry Kissinger. Lake had recently resigned from Kissinger’s staff in response to the June 1970 invasion of Cambodia. (Lake later served as national security adviser for President Bill Clinton.)

    At the time of the dinner in the fall of 1970, Sheehan was working as a reporter in the Washington bureau of the Times. He had spent years in Vietnam covering the war, first for UPI and later for the Times, and had gained a stellar reputation; along with Times reporter David Halberstam, Sheehan had been among the first American reporters to write skeptical stories about the war.

    But at the dinner, Sheehan seemed adrift. He told Ellsberg he was frustrated with the Times, complaining that he couldn’t get the newspaper’s editors interested in the stories he wanted to write about the ongoing war, Ellsberg recalled. Sheehan told Ellsberg that the paper “is done with Vietnam.”

    Ellsberg did not mention the Pentagon Papers to Sheehan at the dinner; instead, he came away from their conversation convinced that the Times would not be interested in them. Sheehan “says, ‘They won’t let me cover Vietnam. They’ve got me covering other domestic stuff. They’re just not interested.’ And so I had the feeling from that, well, no use giving them top-secret stuff,” Ellsberg said in an interview.

    So when Raskin and the other IPS researchers later recommended that Ellsberg meet with Sheehan — still not revealing that they had already given the reporter a portion of the documents — Ellsberg was skeptical. “I had lunch or dinner with Stavins and Raskin and Barnet, and they say I should put this out in the New York Times,” Ellsberg recalled. “And they say, ‘Do you know Neil Sheehan?’ I say, ‘Yes,’ but that I had gotten the impression from him that [the Times] are not … promising. And they say, ‘We think you ought to try him again.’”

    “I wouldn’t have done it if they hadn’t suggested it.”

    “You Have Clearance”

    Early in 1971, Ellsberg came to Washington for dinner with some friends. He was planning to stay with his friend John Paul Vann, whom he knew from Vietnam, where Vann had served as a senior civilian adviser. But Ellsberg couldn’t find Vann that night, so he called Sheehan to see if he could spend the night at his house. (Sheehan later wrote a Pulitzer Prize-winning book, “A Bright Shining Lie,” about Vann and his role in Vietnam.)

    Sheehan set up a cot for Ellsberg in his basement, and they stayed up all night talking about Vietnam. Sheehan showed Ellsberg the galleys of a review he had written for the Times of books about American war crimes there. “He said, ‘I’m having a lot of trouble with the editors on this,’” Ellsberg recalled. “I read it in his D.C. basement. Very good! This is very good stuff. So I thought, ‘OK, he’s the guy.’”

    So that night, Ellsberg began to tell Sheehan about the Pentagon Papers. “And I mention to him that Dick Barnet and Marcus Raskin had suggested [that I talk to him], and I told him that I had given [the documents] to IPS. He said, ‘I had some inkling that IPS had some of this material, I have heard of it before.’ He didn’t admit at all that they had given [him] any” of the documents.

    Ellsberg offered to show Sheehan the Pentagon Papers, and Sheehan agreed to come to Cambridge, Massachusetts, where Ellsberg was then living, to read them.

    “He could have told me, ‘I’ve got some of this already, and we’re going with it,’” Ellsberg said. “He didn’t tell me. He didn’t say he had it, or that they were going full speed with the 1,000 pages.”

    “Around March 3, 1971,” Sheehan first told his editors at the Times about the possibility of “publishing the D.O.D.’s history of U.S. involvement in the Vietnam War,” the Rogovin memo states. A few days later, the memo adds, James Reston, the legendary Times Washington columnist and editor, “walked up to Neil as he was entering the elevator and told him ‘You have clearance, young man.’”

    On March 13, at the Gridiron Club dinner, an annual gathering of politicians and journalists in Washington, Frankel “called Jim Goodale aside and told him to read the law on classified documents because they might have a story involving a lot of classified documents,” the memo states.

    Daniel Ellsberg and his wife Patricia, both looking happy, are shown leaving US District Court during Pentagon Papers trial.

    Daniel and Patricia Ellsberg leave the U.S. District Court during Pentagon Papers trial in Washington, D.C., on May 10, 1973.

    Photo: Bettmann Archive

    “He Lied”

    About two weeks after their all-night talk in Washington, Sheehan went to Cambridge to read through the full set of the Pentagon Papers. But Ellsberg imposed some conditions on the reporter. He told Sheehan that he didn’t want him to just write a quick daily story based on the documents, but instead wanted the Times to do a big, deep dive into the secret history. “I don’t want it to be a one-day story,” Ellsberg recalled telling Sheehan. He said he wanted the Times to “give a lot of space to it.” Ellsberg said in an interview that he didn’t want to go to prison for a news story that came and went without much impact.

    Frankel told Sheehan that the Times would probably go along with that demand, according to the Rogovin memo. “We might well take it under the conditions your source wants, i.e. using it all or very large chunks. We’re very interested,” Frankel said, according to the memo.

    But Ellsberg’s other big condition was more difficult. He told Sheehan that he could read the documents — but not make copies. “You can read as much as you want, you can take notes as much as you need, but I’m asking you not to copy them until we have an agreement, an interest at the Times” in publishing stories about them, Ellsberg recalled telling Sheehan. “Because I had gotten the impression from Neil earlier that they were very unlikely to print this top-secret stuff.”

    By that time, Ellsberg had discovered to his horror that IPS had copies of the Pentagon Papers openly lying around “all over the place” in its Washington office. He feared that if he let Sheehan copy the documents before the Times had agreed to publish stories about them, they might wind up lying around openly at the newspaper as well, and that someone might discover them there and call the FBI. So Ellsberg wanted an assurance from Sheehan that the Times was serious about publishing before he agreed to let him copy the documents. Sheehan wouldn’t give him that assurance and in fact, misled him into thinking that the Times was still on the fence.

    “I said, ‘I don’t want this stuff sitting around the Times indefinitely,’” Ellsberg said he told Sheehan. “‘If they are really interested and think they would like to use them, you got it, you got the whole thing.’ He wouldn’t tell me that. He never did. He could have said, ‘Yes, they intend to do it.’ They were already working on it. He didn’t tell me that. He lied.”

    When Sheehan arrived in Cambridge, Ellsberg and his wife, Patricia, were frazzled and burned out by an unexpected development. While they had waited for Sheehan to arrive, Ellsberg had met with Tom Oliphant, a reporter for the Boston Globe, and mentioned the Pentagon Papers. Oliphant quickly wrote a story in the Globe about the secret history, which thus became the first news story disclosing the documents’ existence. When he read the Globe story, Ellsberg panicked. Even though he had not leaked the papers to the Globe, he feared that the story might convince the government that he was about to leak them to the press.

    In an interview, Oliphant said that Ellsberg’s recollection about his story for the Globe was accurate, adding that the response he got to his story suggests that Ellsberg was right to worry about the government. “The day after my story ran, I was contacted by Kissinger’s office,” Oliphant recalled. “They wanted multiple copies of it.”

    “Patricia and I started making more copies, literally without sleep. … For five or six days, we had hardly any sleep, waiting for the FBI.”

    Ellsberg and his wife worked around the clock to make as many copies of the documents as they could. “Patricia and I started making more copies, literally without sleep. … We start putting them in more places around Harvard Square” in the apartments of people Ellsberg trusted. “For five or six days, we had hardly any sleep, waiting for the FBI,” he recalled. When Sheehan arrived, Ellsberg was jittery and off-kilter.

    “Looking back, I knew he regarded me somehow as kind of wild,” Ellsberg said. “Patricia and I hadn’t slept for a week, and we were both on caffeine.” What’s more, when Ellsberg showed Sheehan the Globe story, “he seemed scared.” With Ellsberg talking openly about the Pentagon Papers to another reporter, Sheehan may have feared that his source was out of control.

    Ellsberg then made a puzzling decision. He went on vacation and left Sheehan with a key to the apartment in Cambridge where the Pentagon Papers were stored, telling Sheehan he could continue reading them while Ellsberg was gone. “I gave the key to Neil and said, ‘Neil, I’m counting on you not to copy this. Just, you know, you can make notes, but no Xerox.’ And he says, ‘Absolutely, absolutely, no problem.’”

    On their vacation, Ellsberg recalled, his wife told him: “He’ll copy it.” “And I said, ‘I don’t think so, he promised me he wouldn’t.’”

    But that is exactly what Sheehan did.

    “On March 20 or 21st, Neil called [Times editor] Bill Kovacs and asked him to obtain a Xeroxer for him,” under an assumed name and to “get money from New York to pay for reproduction,” the Rogovin memo states. “The following day, when Kovacs brought [$400] to Neil, he was told in very general terms why Neil was in Boston.”

    On the night of March 23, Sheehan made his call to Frankel to tell him he “got it all,” according to the Rogovin memo. The next day, Sheehan met with his editors in Washington and “told them what he had and why he had handled it the way he did. Neil stressed his obligation to protect his source.”

    Frankel asked Sheehan to write a memo “on what the materials contained and how the stories might be written.” Sheehan gave him the memo on March 28, which Frankel delivered to the newspaper’s top brass. Frankel told Sheehan that “New York was excited.”

    Left: The cover of the paperback edition of “The Pentagon Papers” in 1971. Right: The Lyndon B. Johnson Library in Austin displays one of the half-dozen known original sets of the Pentagon Papers.

    Photo: Getty Images

    Deadlines

    Weeks before the Times published the Pentagon Papers, Sheehan called Ellsberg and told him that the Times had still not decided whether it was interested in the documents. “He phoned me from New York,” Ellsberg recalled. “He said, ‘They have not made a decision, they are waffling on this.’ False.”

    Ellsberg recalled that Sheehan then told him that “‘they have me working on other things, but I want to be ready to use it if they ever do make a decision on this, so I want to continue to read it, so I need a copy for that.’”

    That was when Ellsberg finally agreed to let Sheehan copy the Pentagon Papers, telling him to go to Patricia’s New York apartment, where he had stored a copy. Ellsberg said he would arrange for the doorman at the apartment building to let Sheehan in.

    “I said, ‘All right, you can have a copy.’ I said to him, ‘When I give you a copy, I understand it is out of my hands. I know I don’t have any control over it.’”

    Ellsberg recalled that the phone conversation was in April 1971, but Rogovin’s memo states that “on May 27th Neil’s source gave him ‘official permission’ to possess the papers.” 

    (While the memo never mentions Ellsberg by name in order to protect his identity, it is clear that whenever Sheehan talks about the “source,” he is referring to Ellsberg. In the memo, Sheehan described the “source” as someone who had “seen a number of senators in an effort to have them publicly reveal the content of the papers but to date had been unsuccessful.”)

    When Ellsberg gave Sheehan permission to copy the documents, Ellsberg still didn’t know that Sheehan had long since done so.

    When Ellsberg gave Sheehan permission to copy the documents, Ellsberg still didn’t know that Sheehan had long since done so, or that Sheehan and other reporters and editors were holed up at a New York hotel writing stories about them. Based on what Sheehan told him, Ellsberg still believed that the Times wasn’t interested in the documents, so he kept searching for other ways to make them public, even after he told Sheehan to go to Patricia’s apartment to pick up a set of the papers.

    Why did Sheehan take the risk that Ellsberg would find another outlet for the documents, Ellsberg wondered, decades later. “If he’d said, ‘Dan, I have to tell you, I have a copy of it,’ I would have said, ‘You know, OK, fine,’” Ellsberg said, just so long as the Times was committed to writing about the secret history.

    In fact, the Rogovin memo shows that the Times was worried that Ellsberg was still distributing the documents to other people, and that other news organizations might soon get them. As it scrambled to publish its stories, the Times discovered that Ellsberg had given some documents to Rep. Pete McCloskey, a liberal, anti-war Republican from California, and Times editors feared that McCloskey would give the documents to the Los Angeles Times, according to the Rogovin memo. To determine McCloskey’s plans, Bob Phelps, an editor in the New York Times’s Washington bureau, met with the politician, who promised that “he would not turn over what he had to another paper,” the memo states.

    While Sheehan tried to keep Ellsberg at bay and the Times prepared to publish the documents, the newspaper was grappling with other problems.

    The Times editors felt they had to be careful in choosing which reporters to bring onto the project to work with Sheehan, according to the Rogovin memo. “The people selected were picked for competence and loyalty,” the memo states. “One reporter was rejected because his wife was a ‘peacenik,’ he wasn’t considered discreet and she might talk.”

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    Why Daniel Ellsberg Wants the U.S. to Prosecute Him Under the Espionage Act

    The reporters and editors worked in secret in the New York Hilton, which was chosen after the editors rejected proposals to move the operation to either Tarrytown, New York, or Charlottesville, Virginia, according to the memo. By late April, they had two copies of the Pentagon Papers at the hotel, where the Times had also moved typewriters, filing cabinets, a safe, and other supplies. A third copy of the papers was stored at Greenfield’s apartment after Goodale insisted that none of the copies be kept inside the Times building, according to the memo. “During the next month work began, additional people joined the Hilton group and the pressure to meet deadlines started to build,” the Rogovin memo says.

    But even as the Times built a large Pentagon Papers team, Arthur Ochs Sulzberger, the Times publisher known by his nickname, Punch, still hadn’t given his final approval to publish. He was under pressure from some Times executives, as well as the paper’s outside law firm, which strongly urged against any publication at all, even of stories about the documents, according to Goodale, Greenfield, and Frankel. (The outside firm, Lord Day & Lord, dropped the Times as a client right after the publication of the Pentagon Papers.)

    Sulzberger was especially hesitant about publishing the actual documents. “He tried to split the baby in half, and only publish stories without publishing the documents,” recalled Frankel in an interview. “We said that you have to publish the documents to provide strong evidence of what the Pentagon was thinking. He finally agreed, after I made it clear to him that there were no real secrets in these papers. They were policy studies, not military secrets.” Punch Sulzberger died in 2012. His son, Arthur Sulzberger Jr., who succeeded him and served as publisher until 2018, declined to comment for this story.

    In the end, Punch Sulzberger agreed with his editors. The Rogovin memo states that “by June 6 Neil finished his second piece [in the Pentagon Papers series] … around that time Greenfield came over to report on the publisher’s decision regarding publication.”

    “The Place Is Locked Down”

    On Saturday, June 12, 1971, Ellsberg got a call from Tony Austin, who worked on the New York Times Magazine. Ellsberg had given Austin the volume of the Pentagon Papers that dealt with the Gulf of Tonkin incident for a book Austin was writing. In August 1964, when U.S. Navy ships ventured into North Vietnamese territorial waters in the Gulf of Tonkin, President Lyndon Johnson and the Pentagon lied about the North Vietnamese response, falsely claiming the North Vietnamese had assaulted the ships. Johnson then used the trumped-up incident to win congressional passage of what became known as the Gulf of Tonkin Resolution, which became Johnson’s justification to dramatically escalate the war by sending in conventional combat forces.

    “So on Saturday, June 12, I get a call from Tony Austin, and he’s almost in tears,” recalled Ellsberg. “He says, ‘Dan, my book is ruined. You know that study you gave me? They have the whole study, and they are going to publish starting tonight. They are totally going to scoop my book.’”

    “I asked him how he knew what the Times was planning. He says, ‘The place is locked down.’”

    Ellsberg had not heard anything from Sheehan. He tried to call but couldn’t reach him. Sheehan later confessed that he was avoiding Ellsberg.

    But Ellsberg did reach Greenfield that day. “He got me on the phone, and he expressed some doubts about what was happening,” Greenfield recalled. “He seemed rattled.”

    “I said, ‘It’s too late now. It’s all in print.’”

    “At 6 p.m. June 12th, the presses began rolling,” the Rogovin memo states.

    That night in Cambridge, Ellsberg, his wife, and some friends smoked marijuana and went to see the movie “Butch Cassidy and the Sundance Kid.” “We got stoned out of our minds to see ‘Butch Cassidy’ for about the fourth time, and it was most enjoyable,” Ellsberg recalled. After the movie, he went to the kiosk in Harvard Square where the early editions of the next morning’s New York Times were on sale. 

    “Of course, I’m furious at Neil for not telling me. But when I go and there is the paper at midnight, wow, great, all is forgiven, you know, no problem.”

    Months later, Ellsberg ran into Sheehan walking on Fifth Avenue in New York. It was the first time they had spoken since the Pentagon Papers had been published. “So we go into a doorway, and I grill him a little bit,” Ellsberg said. “And he said, ‘Dan, it was bigger than both of us, you know, I had to do what I had to do,’” Ellsberg recalled.

    “So, OK.”

    Nixon papers: July 22, 1971 WH EYES ONLY memo fr. Charles Colson to John Ehrlichman re Pentagon Papers & Daniel Ellsberg, initialed by Colson.    (Photo by Cynthia Johnson/Getty Images)

    A secret White House memo under Richard Nixon from Charles Colson to John Ehrlichman plotting to prosecute Daniel Ellsberg over the Pentagon Papers leak in 1971.

    Photo: Cynthia Johnson/Getty Images

    The Most Dangerous Man in America

    After Neil Sheehan died in 2021, the Times published an interview he had done with the paper six years earlier on the condition that it not be released until after his death. In it, Sheehan acknowledged that he had kept Ellsberg at arm’s length because he didn’t think he could trust him with the knowledge that the Times was going ahead with the publication of the Pentagon Papers. Sheehan knew that Ellsberg had already talked to a wide range of people both in Congress and elsewhere about the documents, and that it was only a matter of time before the Nixon administration discovered what Ellsberg was doing. That would lead the government to the Times.

    “There’s no way The Times can protect this guy,” Sheehan told the Times in the interview. Ellsberg had “left tracks on the ceiling, on the walls, everywhere … sooner or later, I was afraid he was going to run into a politician who’d go right to the Justice Department.” 

    The relationship between Ellsberg and the Times following the publication of the Pentagon Papers was equally messy. In particular, Ellsberg complained that the Times was sloppy in its efforts to protect him as a source. Soon after the newspaper began publishing the Pentagon Papers, Sidney Zion, a freelance writer who had previously worked for the Times, went on a New York radio show and revealed that Ellsberg was the source of the documents. “The only person I had dealt with was Neil Sheehan, and no one else at the paper was supposed to know,” Ellsberg said — a statement at odds with Greenfield’s recollection that Ellsberg called him the day before the documents were published. Zion, who died in 2009, said that Ellsberg’s identity was common knowledge in New York media circles.

    Former New York Times reporter Sidney Zion, contends that former government aide Daniel Ellsberg was the source for the the New York Times' publication of the secret Pentagon study of the Vietnam war in articles written by Neil Sheehan. Zion is shown in his New York apartment, June 18, 1971. (AP Photo)

    Former New York Times reporter Sidney Zion, who publicly said Daniel Ellsberg was the source for the the New York Times, in his New York apartment on June 18, 1971.

    Photo: AP

    More recently, Ellsberg was angered by the 2021 Times story based on the interview with Sheehan. He especially took issue with Sheehan’s claim that “contrary to what is generally believed, Mr. Ellsberg never ‘gave’ the papers to The Times. … Mr. Ellsberg told Mr. Sheehan that he could read them but not make copies.” The Rogovin memo shows that account to be inaccurate, since the memo says that Ellsberg ultimately gave Sheehan “permission to possess the papers.”

    “Never gave it to them?” Ellsberg said in an interview. “That’s crazy.”

    Nixon initially didn’t plan to take any action to stop the publication of the Pentagon Papers once it had begun because the secret history was primarily about Vietnam policy during the Kennedy and Johnson administrations, rather than his own. But Kissinger convinced Nixon that the leak represented a major national security breach and that the president couldn’t ignore it. So Nixon ordered the Justice Department to seek a court-ordered injunction against further publication by the Times.

    On June 14, 1971, the day after the Times began publishing the papers, Nixon’s Attorney General John Mitchell warned the newspaper to halt further publication of the documents. The Times refused, and the government obtained an injunction. Ellsberg went into hiding, while a small team of his supporters, led by historian Gar Alperovitz, acted quickly to covertly get copies of the Pentagon Papers to the Washington Post, which was then hit with an injunction as well. Ellsberg then directed the team to get more documents to an expanding list of other newspapers to try to continue their publication. In the process, they were creating their own version of the internet, trying to make the documents so widely available that the court injunctions would be moot.

    Ellsberg turned himself in to face charges in connection with the leak and suddenly became one of the most famous people in America.

    On June 28, Ellsberg turned himself in to face charges in connection with the leak, making him the public face of the Pentagon Papers. He was mobbed by reporters in Boston and suddenly became one of the most famous people in America. Two days later, the Supreme Court, in a landmark decision, lifted the government’s injunction against further publication by the Times and the Post. 

    For Nixon, the aftereffects of the Pentagon Papers case continued to reverberate. The president became obsessed with leaks and created the infamous White House Plumbers to go after them. In September 1971, the Plumbers broke into the office of Ellsberg’s psychiatrist in Los Angeles to search for material they could use to smear him. The burglary was a precursor to the Watergate break-in a year later, which was also conducted by the White House Plumbers and which led to Nixon’s downfall.

    In May 1973, the judge in Ellsberg’s trial in Los Angeles dismissed the government’s case against him after the Justice Department turned over a memo written by the Watergate special prosecutor disclosing the burglary of Ellsberg’s psychiatrist’s office. (Ironically, Ellsberg learned some of the details of Sheehan’s betrayal during his trial, when Ellsberg’s lawyers obtained notes written by White House Plumber E. Howard Hunt showing that Sheehan and his wife had checked into Cambridge hotels under assumed names and taken the Pentagon Papers to copy shops in Boston and Medford, Massachusetts. The White House Plumbers clearly knew more about what Sheehan was doing than did Ellsberg, who later wrote about Hunt’s notes in his 2002 memoir, “Secrets.”)

    The Nixon administration’s obsession with Ellsberg — whom Kissinger called “the most dangerous man in America” — turned Ellsberg into an international icon. His fame lasted the rest of his life, long after the secrets revealed in the Pentagon Papers had faded from memory. 

    Daniel Ellsberg and wife walk from court after a federal judge has just dismissed the Pentagon Papers case against Ellsberg

    Daniel and Patricia Ellsberg leave court after a federal judge dismissed the Pentagon Papers case on May 11, 1973.

    Photo: Bettmann Archive

    “Why Would They Hate Me?”

    Ellsberg waited many years to talk publicly about his relationship with the Times, and even then, he only rarely expressed bitterness toward Sheehan and the newspaper.

    After all, the Times had ultimately published the Pentagon Papers, which is what Ellsberg wanted. “I didn’t want to make the Times my enemy,” he said. In fact, he said that after the Pentagon Papers, he eventually reconciled with Sheehan and agreed to be interviewed for his book, “A Bright Shining Lie.” Susan Sheehan said in an interview that over the years after the Pentagon Papers were published, she and her husband developed a good relationship with Ellsberg and his wife.

    The Times won the Pulitzer Prize for public service for publishing the Pentagon Papers, but the paper still quietly resented the fact that Ellsberg had garnered so much attention for his role in making the secret history public. Ellsberg said that a Times reporter once told him told him that Abe Rosenthal, the newspaper’s managing editor when the Pentagon Papers were published and later its executive editor, hated Ellsberg. (Rosenthal died in 2006.)

    “Why would he hate me?” Ellsberg asked.

    “Because you took the story away from the Times,” the reporter replied. “It wasn’t just the Times, it was Ellsberg.”

    The post How Neil Sheehan Really Got the Pentagon Papers appeared first on The Intercept.

    This post was originally published on The Intercept.

  • People stomp on an Indian flag and a cutout of Indian prime minister Narendra Modi during a Sikh rally outside the Indian consulate in Toronto to raise awareness for the Indian government's alleged involvement in the killing of Sikh separatist Hardeep Singh Nijjar in British Columbia on September 25, 2023. Prime Minister Justin Trudeau's assertion on September 17, 2023 that agents linked to New Delhi may have been responsible for the June 18 murder of Hardeep Singh Nijjar, a Canadian citizen, sent shockwaves through both countries, prompting the reciprocal expulsion of diplomats. (Photo by Cole BURSTON / AFP) (Photo by COLE BURSTON/AFP via Getty Images)

    Protesters stomp on an Indian flag and a cutout of Indian Prime Minister Narendra Modi, on Sept. 25, 2023, over the Indian government’s alleged involvement in the killing of Sikh separatist Hardeep Singh Nijjar, in British Columbia, Canada.

    Photo: Cole Burston/AFP via Getty Images

    In the wake of Canada’s claim last month that the Indian government was behind the murder of Canadian citizen and Sikh separatist Hardeep Singh Nijjar, observers in the West have compared the alleged state-sanctioned killing to the actions of authoritarian states like Russia and Iran.

    In India, however, pro-government media outlets and politicians across the spectrum have pointed to a Western democracy that they believe has most legitimized the practice of extrajudicial assassination: the United States.

    The U.S. government has been supportive of Canada’s investigation of Nijjar’s murder. U.S. officials shared intelligence with the Canadian government that informed the allegations and have stated that there is no “special exemption” for countries like India to order assassinations outside of international law.

    The U.S.’s targeted killing program has opened a Pandora’s box long warned of by experts.

    But it is not lost on Indians that the U.S. grants itself that very exemption: During the so-called war on terror, the U.S. killed thousands of people on foreign soil it claimed were threats, including scores of innocent civilians, with little regard to sovereignty or due process.

    The U.S.’s targeted killing program has opened a Pandora’s box long warned of by experts, as emerging powers like India may now seek to exercise the same extrajudicial prerogative to kill anyone, anywhere, in the name of national security.

    “The fact that the U.S. has framed coercive actions since 9/11 as not just legitimate but also necessary — an imperative of sorts — does make a difference to how many Indians view these actions,” said Rishap Vats, a political science lecturer at Mithibai College of Arts in Mumbai who specializes in Indian security policy. “Some would argue that the precedent was set long before the war on terror began and that it hasn’t really stopped as a consequence of America reducing its military footprint in countries like Iraq or Afghanistan.”

    Nijjar, who was gunned down outside a Sikh temple in British Columbia in June, was a prominent leader in the diaspora-based Sikh separatist movement. His activism put him on the Indian government’s radar, and he was labeled a terrorist — a designation the U.S. government has used to create its kill list and justify targeted killings overseas. Now that India has become a significant political power, it appears to be claiming the same right to kill across borders that the U.S. continues to enjoy.

    “The role of human rights has always been in tension with geopolitical power,” said Sahar Aziz, a law professor and founding director of the Center for Security, Race and Rights at Rutgers University–Newark. “Countries that held the most power globally have had the privilege of deciding when and under what circumstances those rights are to be taken seriously and enforced.”

    “What we are seeing is a more honest engagement with human rights. The U.S., in particular, can no longer hide behind lofty rhetoric because of its own actions during the war on terror that no public relations strategy could hide,” Aziz added. “This has now given the green light to act similarly to countries that have always engaged in authoritarian practices, but now do not even feel the need to go through the motions of apologizing or claiming that their actions were an exception or mistake.”

    Members of Pakistan's Sikh community take part in a protest in Peshawar on September 20, 2023, following the killing in Canada of Sikh leader Hardeep Singh Nijjar. India on September 19 rejected the "absurd" allegation that its agents were behind the killing of a Sikh leader in Canada, after Prime Minister Justin Trudeau's bombshell accusation sent already sour diplomatic relations to a new low. (Photo by Abdul MAJEED / AFP) (Photo by ABDUL MAJEED/AFP via Getty Images)

    Members of Pakistan’s Sikh community take part in a protest in Peshawar on Sept. 20, 2023, following the killing of Hardeep Singh Nijjar.

    Photo: Abdul Majeed/AFP via Getty Images

    “Any Mirrors in the West?”

    Honeyed words from the U.S. about the “rules-based international order” have rung hollow to many Indians who have lashed out at perceived double standards from the West.

    “They are so quick to judge other countries, so blind to their own,” said Shashi Tharoor, a leader in India’s opposition Congress Party. “The two foremost practitioners of extraterritorial assassinations in the last 25 years have been Israel and the U.S. Any mirrors available in the West?”

    In an article titled “White Is Always Right: What West’s Moral Bombast on Terrorist Nijjar Tells Us,” Sreemoy Talukdar, an editor at the Indian publication Firstpost, mocked “the blatant duplicity that lies at the heart of the West’s ‘rules-based order.’”

    “When it comes to the West,” Talukdar writes, “their enemies are ‘terrorists’ who enjoy no human rights, nor do the nations where they find shelter have any claims to sovereignty.”

    Similar charges appeared from Indian think tankers and journalists on social media. In response to the revelation that the U.S. had shared intelligence with Canada, Brahma Chellaney, professor emeritus at the Delhi-based Centre for Policy Research, referred to America as “the Big Daddy of extraterritorial assassinations” as well as the practice’s “longstanding world record holder.”

    Rupa Subramanya, a longtime Indian correspondent who now contributes to the conservative U.S.-based publication the Free Press, went so far as to invoke civil rights leader Rosa Parks to lament supposed Western exceptionalism when it comes to extrajudicial assassinations.

    “Let me get this straight,” Subramanya wrote on the platform formerly known as Twitter. “Special exemptions for targeted killings are only for the US and Israel but everyone else, get to the back of the bus.”

    The suggestion by some Western commentators that the Nijjar killing was more egregious because it happened in a liberal democratic country does not appear to have swayed many Indians.

    Indians who accuse the U.S. of hypocrisy in its response to Canada’s allegations have pointed to the Indian government’s designation of Nijjar as a terrorist in 2020 to justify his killing. In India, secessionist activity is considered a crime equivalent to terrorism and a threat to national security. However, there is no convincing evidence that Nijjar was connected to violence in India or that killing him averted an imminent terror plot.

    In the 1980s and 1990s, Sikh separatists waged a deadly insurgency in the Indian state of Punjab that the Indian government extinguished with brute force. Nijjar was active in the diaspora campaign that has sought to keep the movement alive. Sikh separatists organized a symbolic referendum last year and regularly protest at Indian embassies and consulates in the West, some of which have resulted in property damage and threats to consular staff.

    In response to allegations from the Nijjar investigation, the Indian government characterized Canada, home to a large Sikh diaspora, as a hotbed of terrorism. But in most Western countries, where factions of Indian and other diasporas are fiercely at odds with the governments of their home countries, advocacy for separatist causes is generally considered an exercise of freedom of speech.

    The suggestion by some Western commentators that the Nijjar killing was more egregious because it happened in a liberal democratic country, and not in an unstable developing country, does not appear to have swayed many Indians.

    “Suggestions that such covert actions are somehow more legitimate or less threatening to the ‘rules-based order’ when they happen in this part of the world or in ‘unstable’ regions comes across as offensive to most Indians,” Vats said, “not just hypocritical.”

    The Precedent

    National security and legal experts who are critical of the U.S. targeted killing program have for years warned that other countries could one day use the precedent to justify their own operations.

    For two decades, U.S. military and intelligence agencies have used special forces, foreign militias, drones, and airstrikes to carry out extrajudicial killings in other countries. Many of these attacks have been far from precise, slaughtering thousands of civilians and leaving their families without legal recourse or even official acknowledgement of their loss. These operations have helped destabilize countries like Yemen, Somalia, and Pakistan, where U.S. attacks have struck weddings and tribal gatherings and killed people who were simply assumed to be terrorists.

    “I don’t subscribe to the view that the U.S. or Europe have ever been fully committed to human rights, especially in the Global South,” Aziz told The Intercept. “They have always selectively implemented their stated human rights norms and values, often to the benefit of people they deem worthy of such rights, based on their race, religion, or geopolitical interests.”

    Within the U.S., fears of more extrajudicial killings have reverberated in the Sikh community. The Intercept was the first to report that after Nijjar’s murder, the FBI warned Sikh American activists about intelligence that their lives may also be in danger.

    Despite its recent authoritarian drift and record of human rights violations against minorities, India has long presented itself as a champion of the so-called Global South and relished pointing out the inequalities of the Western-dominated international system. But rather than demand a more just and transparent regime of international law, Indian nationalists appear to want their government to simply enjoy the same right to kill with impunity that the U.S. established as a calling card of global superpower status.

    “What India is doing now,” Aziz said, “and the talking points that the Indian government is putting out, calling out perceived double standards, have global salience — whereas before they may have been seen as fringe or marginal.”

    The post Indian Nationalists Cite Inspiration for Foreign Assassinations: U.S “Targeted Killing” Spree appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The mother of a former Guantánamo Bay detainee waited anxiously at her home in Russia last weekend, expecting to hear heart-stopping news about her son Ravil Mingazov, who has been imprisoned in the United Arab Emirates since his release from Guantánamo six years ago.

    In recent weeks, 87-year-old Zuhra Valiullina has grown convinced that something even worse could soon happen to Mingazov: He might be forced back to Russia, the country he fled after being persecuted for his Muslim faith.

    As all but 30 prisoners from Guantánamo Bay have been released, the notorious detention center has faded from the headlines. But Mingazov’s case — fraught with geopolitics — has drawn an unusual level of public attention. A former Russian soldier and ballet dancer, he fled Russia in 1999 in search of a place where he and his family could live and practice their faith freely. He was picked up in a raid in Pakistan in early 2002, when the U.S. was paying bounty for suspects, according to Gary Thompson, Mingazov’s lawyer. Wrongly suspected of being a foreign fighter, Mingazov was handed over to U.S. forces, held and tortured at Bagram Air Base in Afghanistan, and later transferred to Guantánamo, where he was never charged and should have never been, Thompson said.

    During the Obama administration, Mingazov became one of 23 former detainees, most originally from Yemen, who were sent to the United Arab Emirates under a confidential diplomatic agreement with the U.S. State Department. The assurances contained in the secret diplomatic deal allegedly included provisions against being returned to a country where they would face torture, punishment, or irreparable harm. Mingazov told his family that he would attend a six-month residential rehabilitation program in the UAE before being released into Emirati society to restart his life as a free man. Instead, he has been held in extremely restrictive solitary confinement for nearly seven years in the United Arab Emirates, Valiullina told The Intercept.

    Two months ago, Valiullina received a rare invitation to travel to the UAE to see her son. It was only the second time she had been allowed to visit him since he arrived there in January 2017, she said. During the August visit, an Emirati official told Valiullina that her son was “free to go” but that only Russia was willing to issue him a passport and accept him on its soil. The official said that her son would need to sign documents that would trigger his repatriation to Russia; the documents, along with assurances that he “would not be persecuted” once back in Russia, would be delivered by Russian Ambassador to the UAE Timur Zabirov on September 23.

    The ambassador apparently didn’t show up on that day, but Valiullina and her grandson Yusuf, Mingazov’s only son, fear he could arrive anytime.

    “Russia poses a life-threatening danger to my father,” Yusuf told The Intercept. “I implore the authorities in the U.S. and U.K. to intervene and cease the ongoing suffering that he is enduring unjustly.”

    Zabirov did not respond to a request for comment emailed to the Russian Embassy in the UAE.

    In September, the United Nations Office of the High Commissioner for Human Rights, or OHCHR, issued a dire warning against returning Mingazov to Russia, saying that his forcible repatriation would be a clear violation of international human rights law. “We call on the Governments involved to observe their international obligations, honour the diplomatic assurances provided for resettlement, and take into account the substantiated risks to Mr. Mingazov’s physical and moral integrity, if repatriated against his will,” the U.N. experts said.

    U.N. Special Rapporteur on Counterterrorism and Human Rights Fionnuala Ní Aoláin called for the Biden administration to intervene, citing the UAE’s previous failures to make good on alleged assurances about Mingazov’s safety. “It’s deeply concerning that an assurance given to the United States appears to be broken without consequence,” Ní Aoláin said in an exclusive interview with The Intercept. “We need a White House, a high-level political intervention. It appears no one is willing to expend that political energy on a former Guantánamo detainee.”

    Advocacy groups like the Center for Constitutional Rights, CAGE, and the OHCHR have long campaigned to free Mingazov from detention and prevent his repatriation to Russia. Since 2021, protesters have taken to the street outside the UAE Embassy in Washington to demand his release, most recently last month. There’s even been a petition by members of Parliament in the United Kingdom to bring Mingazov to London to reunite with his ex-wife and Yusuf, both of whom were granted asylum there in 2014.

    Last week, Valiullina sent her other son, Mingazov’s older brother, to the UAE to try to intercept the Russian ambassador. She instructed him to rip up any documents provided by Russia. “We don’t believe the Russians at all on this,” she told The Intercept. (The older brother could not be reached for comment.)

    Ravil Mingavoz, right, with his 87-year-old mother Zuhra Valiullina and older brother at a prison visitation room outside Abu Dhabi in the United Arab Emirates in early August 2023.

    Photo: Courtesy of Yusuf Mingazov

    A Harrowing Ordeal

    In August, at a prison about 125 miles outside of Abu Dhabi, United Arab Emirates, Valiullina wept when she watched her son arrive with a blindfold over his face, his hands and feet shackled and chained. He had aged rapidly since she had last seen him three years earlier. For the first time, Mingazov was complaining of health issues that were going untreated, she said. The former dancer who performed with the Russian army ballet troupe was now shockingly thin, and his hair had gone completely gray. At one point, she was told that her son could leave anytime but that none of the many countries that had been approached to take him had agreed — except Russia. Disturbed, Valiullina reported these developments to Thompson.

    “It’s bizarre that at this point the UAE would say to the mother, ‘Well, Ravil is free to go but he doesn’t have a passport. We’ll have to send him back to Russia then,’” Thompson said. “I mean, it makes no sense. It seems to be a deliberate pretext for the UAE to articulate why they’re sending him to Russia when they know they can’t — they know they promised our State Department they would never do that.”

    Thompson says he never saw this coming. The UAE, a key U.S. ally, was supposed to be an end to Mingazov’s harrowing ordeal. Mingazov was thrilled, Thompson said, that he would finally get to live freely in a Muslim-majority country. Instead, his imprisonment was so horrific that he described it as torture in a 2021 phone call to his son. Yusuf recalled his father on the verge of tears, begging for a lawyer. As soon as he said this, the call was abruptly cut off, Yusuf said. It was the last call Mingazov was allowed to make to his son. Now the only person who receives any direct communication from Emirati officials is Mingazov’s elderly mother.

    Thompson has not been allowed to speak with his client since Mingazov was released from Guantánamo. Incredibly, Thompson said he must rely completely on Valiullina, who only speaks Russian, to provide him with updates about his client. Valiullina receives her information from a UAE official who she knows only as “Ahmed” and who speaks “broken Russian,” according to Yusuf.

    Why the UAE imprisoned the former Guantánamo detainees sent by there by the State Department is a mystery to Thompson. “It just doesn’t make sense why they kept anybody in prison — including the Yemenis. Why don’t they just do what they said they would do? Release him into Emirati society, give him a job, let him live a normal life the same way that many former detainees have in other countries they’ve been sent to in situations where they can’t go home?” Of the 23 former Guantánamo prisoners sent to the UAE, at least 20 were imprisoned there until their repatriation, according to the Associated Press. The Intercept has previously reported on the UAE’s forced repatriation of one of those former detainees, after he was held without access to a lawyer for five years.

    “Mr. Mingazov is a twice victim of torture, inhuman and degrading treatment. Once while rendered and tortured by the United States at Guantánamo Bay Cuba, and twice while transferred to the UAE by the United States,” Ní Aoláin said. “It is inconceivable that he would be made a triple victim of torture while the United States stands idly on the sidelines.”

    Lawyer Gary Thompson, right, and activists protested Ravil Mingazov’s detention and threat of repatriation to Russia and called on the U.K. to grant asylum at the United Arab Emirates Embassy in Washington, D.C., on Sept. 18, 2023.

    Photo: Courtesy of Gary Thompson

    “There’s Always a Chance”

    While the UAE has proved to be a catastrophic resettlement option for Guantánamo prisoners, Russia would be even worse, Mingazov’s family says. Seven former Guantánamo detainees repatriated to Russia in 2004 were imprisoned again, tortured, and released, only to face harassment, abuse, persecution, and even death at the hands of Russian authorities, according to the Center for Constitutional Rights. The U.N. experts noted that Mingazov himself has always feared being returned to Russia, writing that “Ravil Mingazov consistently and vociferously demonstrated and raised his fear of irreparable harm if repatriated to the Russian Federation.”

    While Mingazov languished in Guantánamo Bay, legal advocates warned against his repatriation to Russia. The Center for Constitutional Rights wrote in 2009 that he “cannot safely return to his home country because of the risk of torture or persecution. Russia is notorious for its persecution of Muslims and for torture and abuse in its prisons.”

    “The diplomatic assurances given to the United States by their allies regarding the treatment of former Guantánamo detainees appear not to be worth the paper they are written on,” Ní Aoláin told The Intercept. “If diplomatic assurances mean anything, they mean that you do not transfer a torture victim to a state where he is at risk of harm. If this is true of U.S. citizens currently detained in Russia, it is equally true of former U.S. detainees who would be transferred there.”

    “It’s like Vladimir Putin saying, ‘Trust me,’” Thompson told The Intercept. “It’s just not happening.”

    Thompson said he has not heard back from the State Department on what, if anything, is being done to stop this new threat of transfer; his repeated attempts to contact the UAE ambassador to the U.S., Yousef Al Otaiba, likewise have gone unanswered. Otaiba did not respond to detailed questions from The Intercept about Mingazov’s detention.

    U.S. Bureau of Counterterrorism spokesperson Vincent Picard declined to comment on the terms of the U.S. government’s agreement with the UAE regarding Mingazov’s resettlement or on what is happening with his case now. “Broadly speaking, the U.S. government registers its concern when it is unclear that a former detainee is being treated in a humane manner, and we remain in contact with governments to ensure they uphold their commitments and are prepared to address any issues through appropriate channels,” Picard told The Intercept. “The U.S. government remains interested in ensuring that former detainees are treated in a humane manner and that efforts are undertaken to rehabilitate and integrate them into local communities.”

    Yusuf has tried for years to bring his father to the United Kingdom. In 2015, he asked the British Home Office to transfer Mingazov to the U.K. from Guantánamo, but the appeal was denied. With the threat of Russian repatriation looming, some British lawmakers are trying to reunite Yusuf with his father, or at the very least, urgently meet with UAE officials to stop Mingazov’s repatriation to Russia.

    “The lack of clarity on this situation is incredibly frustrating,” U.K. member of Parliament Apsana Begum, one of several MPs who called on the country’s home secretary to approve Mingazov’s application for asylum in the U.K., told The Intercept. “The U.K. has to take responsibility for their role in circumstances that have led to a man — who has not been convicted of any crime and is not deemed a risk to anyone’s security — spending the last decades imprisoned in unacceptable conditions. In the name of humanity, this awful injustice must end, and Ravil must be allowed to rebuild his life and recover from the ordeals that he has suffered.”

    After all these years, Valiullina’s dream is for her son to be reunited with Yusuf.

    “There’s always a chance,” Yusuf said. “My goal is to do everything in my power to see my father’s swift release so that he can begin anew and have a joyful life amongst his loved ones.”

    The post White House Faces Calls to Stop Ex-Guantánamo Detainee’s Forced Return to Russia appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The Heat Initiative, a nonprofit child safety advocacy group, was formed earlier this year to campaign against some of the strong privacy protections Apple provides customers. The group says these protections help enable child exploitation, objecting to the fact that pedophiles can encrypt their personal data just like everyone else.

    When Apple launched its new iPhone this September, the Heat Initiative seized on the occasion, taking out a full-page New York Times ad, using digital billboard trucks, and even hiring a plane to fly over Apple headquarters with a banner message. The message on the banner appeared simple: “Dear Apple, Detect Child Sexual Abuse in iCloud” — Apple’s cloud storage system, which today employs a range of powerful encryption technologies aimed at preventing hackers, spies, and Tim Cook from knowing anything about your private files.

    Something the Heat Initiative has not placed on giant airborne banners is who’s behind it: a controversial billionaire philanthropy network whose influence and tactics have drawn unfavorable comparisons to the right-wing Koch network. Though it does not publicize this fact, the Heat Initiative is a project of the Hopewell Fund, an organization that helps privately and often secretly direct the largesse — and political will — of billionaires. Hopewell is part of a giant, tightly connected web of largely anonymous, Democratic Party-aligned dark-money groups, in an ironic turn, campaigning to undermine the privacy of ordinary people.

    “None of these groups are particularly open with me or other people who are tracking dark money about what it is they’re doing.”

    For experts on transparency about money in politics, the Hopewell Fund’s place in the wider network of Democratic dark money raises questions that groups in the network are disinclined to answer.

    “None of these groups are particularly open with me or other people who are tracking dark money about what it is they’re doing,” said Robert Maguire, of Citizens for Responsibility and Ethics in Washington, or CREW. Maguire said the way the network operated called to mind perhaps the most famous right-wing philanthropy and dark-money political network: the constellation of groups run and supported by the billionaire owners of Koch Industries. Of the Hopewell network, Maguire said, “They also take on some of the structural calling cards of the Koch network; it is a convoluted group, sometimes even intentionally so.”

    The decadeslong political and technological campaign to diminish encryption for the sake of public safety — known as the “Crypto Wars” — has in recent years pivoted from stoking fears of terrorists chatting in secret to child predators evading police scrutiny. No matter the subject area, the battle is being waged between those who think privacy is an absolute right and those who believe it ought to be limited for expanded oversight from law enforcement and intelligence agencies. The ideological lines pit privacy advocates, computer scientists, and cryptographers against the FBI, the U.S. Congress, the European Union, and other governmental bodies around the world. Apple’s complex 2021 proposal to scan cloud-bound images before they ever left your phone became divisive even within the field of cryptography itself.

    While the motives on both sides tend to be clear — there’s little mystery as to why the FBI doesn’t like encryption — the Heat Initiative, as opaque as it is new, introduces the obscured interests of billionaires to a dispute over the rights of ordinary individuals. 

    “I’m uncomfortable with anonymous rich people with unknown agendas pushing these massive invasions of our privacy,” Matthew Green, a cryptographer at Johns Hopkins University and a critic of the plan to have Apple scan private files on its devices, told The Intercept. “There are huge implications for national security as well as consumer privacy against corporations. Plenty of unsavory reasons for people to push this technology that have nothing to do with protecting children.”

    Apple’s Aborted Scanning Scheme

    Last month, Wired reported the previously unknown Heat Initiative was pressing Apple to reconsider its highly controversial 2021 proposal to have iPhones constantly scan their owners’ photos as they were uploaded to iCloud, checking to see if they were in possession of child sexual abuse material, known as CSAM. If a scan turned up CSAM, police would be alerted. While most large internet companies check files their users upload and share against a centralized database of known CSAM, Apple’s plan went a step further, proposing to check for illegal files not just on the company’s servers, but directly on its customers’ phones.

    “In the hierarchy of human privacy, your private files and photos should be your most important confidential possessions,” Green said. “We even wrote this into the U.S. Constitution.”

    The backlash was swift and effective. Computer scientists, cryptographers, digital rights advocates, and civil libertarians immediately protested, claiming the scanning would create a deeply dangerous precedent. The ability to scan users’ devices could open up iPhones around the world to snooping by authoritarian governments, hackers, corporations, and security agencies. A year later, Apple reversed course and said it was shelving the idea.

    Green said that efforts to push Apple to monitor the private files of iPhone owners are part of a broader effort against encryption, whether used to safeguard your photographs or speak privately with others — rights that were taken for granted before the digital revolution. “We have to have some principles about what we’ll give up to fight even heinous crime,” he said. “And these proposals give up everything.”

    “We have to have some principles about what we’ll give up to fight even heinous crime. And these proposals give up everything.”

    In an unusual move justifying its position, Apple provided Wired with a copy of the letter it sent to the Heat Initiative in reply to its demands. “Scanning every user’s privately stored iCloud data would create new threat vectors for data thieves to find and exploit,” the letter read. “It would also inject the potential for a slippery slope of unintended consequences. Scanning for one type of content, for instance, opens the door for bulk surveillance and could create a desire to search other encrypted messaging systems across content types.”

    The strong encryption built into iPhones, which shields sensitive data like your photos and iMessage conversations even from Apple itself, is frequently criticized by police agencies and national security hawks as providing shelter to dangerous criminals. In a 2014 speech, then-FBI Director James Comey singled out Apple’s encryption specifically, warning that “encryption threatens to lead all of us to a very dark place.”

    Some cryptographers respond that it’s impossible to filter possible criminal use of encryption without defeating the whole point of encryption in the first place: keeping out prying eyes.

    Similarly, any attempt to craft special access for police to use to view encrypted conversations when they claim they need to — a “backdoor” mechanism for law enforcement access — would be impossible to safeguard against abuse, a stance Apple now says it shares.

    LOS ANGELES CA - SEPTEMBER 01, 2023: Apple is facing pressure from child safety advocates and shareholders to improve its policies for policing child sexual abuse material in iCloud. Photographed here is Sarah Gardner, head of the Heat Initiative, who is leading the campaign. CREDIT: Jessica Pons for The New York Times

    Sarah Gardner, head of the Heat Initiative, on Sept. 1, 2023, in Los Angeles.

    Photo: Jessica Pons for the New York Times

    Dark-Money Network

    For an organization demanding that Apple scour the private information of its customers, the Heat Initiative discloses extremely little about itself. According to a report in the New York Times, the Heat Initiative is armed with $2 million from donors including the Children’s Investment Fund Foundation, an organization founded by British billionaire hedge fund manager and Google activist investor Chris Cohn, and the Oak Foundation, also founded by a British billionaire. The Oak Foundation previously provided $250,000 to a group attempting to weaken end-to-end encryption protections in EU legislation, according to a 2020 annual report.



    The Heat Initiative is helmed by Sarah Gardner, who joined from Thorn, an anti-child trafficking organization founded by actor Ashton Kutcher. (Earlier this month, Kutcher stepped down from Thorn following reports that he’d asked a California court for leniency in the sentencing of convicted rapist Danny Masterson.) Thorn has drawn scrutiny for its partnership with Palantir and efforts to provide police with advanced facial recognition software and other sophisticated surveillance tools. Critics say these technologies aren’t just uncovering trafficked children, but ensnaring adults engaging in consensual sex work.

    In an interview, Gardner declined to name the Heat Initiative’s funders, but she said the group hadn’t received any money from governmental or law enforcement organizations. “My goal is for child sexual abuse images to not be freely shared on the internet, and I’m here to advocate for the children who cannot make the case for themselves,” Gardner added.

    She said she disagreed with “privacy absolutists” — a group now apparently including Apple — who say CSAM-scanning iPhones would have imperiled user safety. “I think data privacy is vital,” she said. “I think there’s a conflation between user privacy and known illegal content.”

    Heat Initiative spokesperson Kevin Liao told The Intercept that, while the group does want Apple to re-implement its 2021 plan, it would be open to other approaches to screening everyone’s iCloud storage for CSAM. Since Apple began allowing iCloud users to protect their photos with end-to-end encryption last December, however, this objective is far trickier now than it was back in 2021; to scan iCloud images today would still require the mass-scrutinizing of personal data in some manner. As Apple put it in its response letter, “Scanning every user’s privately stored iCloud content would in our estimation pose serious unintended consequences for our users.”

    Both the Oak Foundation and Thorn were cited in a recent report revealing the extent to which law enforcement and private corporate interests have influenced European efforts to weaken encryption in the name of child safety.

    Beyond those groups and a handful of names, however, there is vanishingly little information available about what the Heat Initiative is, where it came from, or who exactly is paying its bills and why. Its website, which describes the group only as a “collective effort of concerned child safety experts and advocates” — who go unnamed — contains no information about funding, staff, or leadership.

    One crucial detail, however, can be found buried in the “terms of use” section of the Heat Initiative’s website: “THIS WEBSITE IS OWNED AND OPERATED BY Hopewell Fund AND ITS AFFILIATES.” Other than a similarly brief citation in the site’s privacy policy, there is no other mention of the Hopewell Fund or explanation of its role. The omission is significant, given Hopewell’s widely reported role as part of a shadowy cluster of Democratic dark-money groups that funnel billions from anonymous sources into American politics.

    Hopewell is part of a labyrinthine billionaire-backed network that receives and distributes philanthropic cash while largely obscuring its origin. The groups in this network include New Venture Fund (which has previously paid salaries at Hopewell), the Sixteen Thirty Fund, and Arabella Advisors, a for-profit company that helps administer these and other Democratic-leaning nonprofits and philanthropies. The groups have poured money into a wide variety of causes ranging from abortion access to opposing Republican tax policy, along the way spending big on elections — about $1.2 billion total in 2020 alone, according to a New York Times investigation.

    The deep pockets of this network and mystery surrounding the ultimate source of its donations have drawn comparisons — by Maguire, the Times, and others — to the Koch brothers’ network, whose influence over electoral politics from the right long outraged Democrats. When asked by The Atlantic in 2021 whether she felt good “that you’re the left’s equivalent of the Koch brothers,” Sampriti Ganguli, at the time the CEO of Arabella Advisors, replied in the affirmative.

    “Sixteen Thirty Fund is the largest network of liberal politically active nonprofits in the country. We’re talking here about hundreds of millions of dollars.”

    “Sixteen Thirty Fund is the largest network of liberal politically active nonprofits in the country,” Maguire of CREW told The Intercept. “We’re talking here about hundreds of millions of dollars.”

    Liao told The Intercept that Hopewell serves as the organization’s “fiscal sponsor,” an arrangement that allows tax-deductible donations to pass through a registered nonprofit on its way to an organization without tax-exempt status. Liao declined to provide a list of the Heat Initiative’s funders beyond the two mentioned by the New York Times. Owing to this fiscal sponsorship, Liao continued, “the Hopewell Fund’s board is Heat Initiative’s board.” Hopewell’s board includes New Venture Fund President Lee Bodner and Michael Slaby, a veteran of Barack Obama’s 2008 and 2012 campaigns and former chief technology strategist at an investment fund operated by ex-Google chair Eric Schmidt.

    When asked who exactly was leading the Heat Initiative, Liao told The Intercept that “it’s just the CEO Sarah Gardner.” According to LinkedIn, however, Lily Rhodes, also previously with Thorn, now works as Heat Initiative’s director of strategic operations. Liao later said Rhodes and Gardner are the Heat Initiative’s only two employees. When asked to name the “concerned child safety experts and advocates” referred to on the Heat Initiative’s website, Liao declined.

    “When you take on a big corporation like Apple,” he said, “you probably don’t want your name out front.”

    Hopewell’s Hopes

    Given the stakes — nothing less than the question of whether people have an absolute right to communicate in private — the murkiness surrounding a monied pressure campaign against Apple is likely to concern privacy advocates. The Heat Initiative’s efforts also give heart to those aligned with law enforcement interests. Following the campaign’s debut, former Georgia Bureau of Investigations Special Agent in Charge Debbie Garner, who has also previously worked for iPhone-hacking tech firm Grayshift, hailed the Heat Initiative’s launch in a LinkedIn group for Homeland Security alumni, encouraging them to learn more.

    The larger Hopewell network’s efforts to influence political discourse have attracted criticism and controversy in the past. In 2021, OpenSecrets, a group that tracks money in politics, reported that New Venture Fund and the Sixteen Thirty Fund were behind a nationwide Facebook ad campaign pushing political messaging from Courier News, a network of websites designed to look like legitimate, independent political news outlets.

    Despite its work with ostensibly progressive causes, Hopewell has taken on conservative campaigns: In 2017, Deadspin reported with bemusement an NFL proposal in which the league would donate money into a pool administered by the Hopewell Fund as part of an incentive to get players to stop protesting the national anthem.

    Past campaigns connected to Hopewell and its close affiliates have been suffused with Big Tech money. Hopewell is also the fiscal sponsor of the Economic Security Project, an organization that promotes universal basic income founded by Facebook co-founder Chris Hughes. In 2016, SiliconBeat reported that New Venture Fund, which is bankrolled in part by major donations from the Bill and Melinda Gates Foundation and William and Flora Hewlett Foundation, was behind the Google Transparency Project, an organization that publishes unflattering research relating to Google. Arabella has also helped Microsoft channel money to its causes of choice, the report noted. Billionaire eBay founder Pierre Omidyar has also provided large cash gifts to both Hopewell and New Venture Fund, according to the New York Times (Omidyar is a major funder of The Intercept).

    According to Riana Pfefferkorn, a research scholar at Stanford University’s Internet Observatory program, the existence of the Heat Initiative is ultimately the result of an “unforced error” by Apple in 2021, when it announced it was exploring using CSAM scanning for its cloud service.

    “And now they’re seeing that they can’t put the genie back in the bottle,” Pfefferkorn said. “Whatever measures they take to combat the cloud storage of CSAM, child safety orgs — and repressive governments — will remember that they’d built a tool that snoops on the user at the device level, and they’ll never be satisfied with anything less.”

    The post New Group Attacking iPhone Encryption Backed by U.S. Political Dark-Money Network appeared first on The Intercept.

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  • Media coverage of embattled New Jersey Democratic Sen. Bob Menendez’s indictment has focused on things like gold bars and wads of cash found stuffed in his clothing — the cartoonish elements of the corruption allegations leveled by the Department of Justice.

    National security experts, however, say the indictment’s reference to Egyptian intelligence officials and Menendez’s disclosure of “highly sensitive” and “non-public” information to Egyptian officials suggest that, more than a garden-variety corruption scheme, there may be an intelligence element to the charges.

    Egypt’s elicitation of information resembles a textbook recruitment pass, an intelligence operation intended to recruit an asset, four former CIA officers told The Intercept.

    According to the indictment, Menendez, chair of the powerful Senate Foreign Relations Committee, was sometimes asked to supply information to an Egyptian businessman who would then communicate it to Egyptian officials. The most sensitive information Menendez is accused of sharing appears to be about staffing at the U.S. Embassy in Cairo.

    “The request could well be one step in testing his willingness to break rules and laws, and therefore possibly assist Egyptian intelligence in more covert and damaging ways.”

    “Menendez sharing embassy staffing information is extremely troubling on a number of levels: It assists Egyptian security services monitoring the embassy and, more importantly, may suggest they viewed Menendez as a source,” said John Sipher, a retired CIA clandestine service officer and nonresident senior fellow at the Atlantic Council. “The request could well be one step in testing his willingness to break rules and laws and therefore, possibly assist Egyptian intelligence in more covert and damaging ways.”

    Michael van Landingham, a former CIA analyst, told The Intercept, “Reading the indictment, it certainly appears like the Egyptian government was using a classic source-recruitment pattern to get Menendez and his wife to spy for them.”

    The former officials’ remarks comes amid a report from a local New York news channel that the FBI has opened a counterintelligence investigation into Menendez. (Menendez, who plead not guilty on Wednesday, did not respond to a request for comment.)

    “Senator Menendez’s chairmanship of foreign relations puts him in a bullseye position for foreign intelligence services that are looking to have him make decisions in their favor including military equipment and material decisions on funding,” Frank Figliuzzi, a former assistant director for counterintelligence at the FBI, told NBC. “All of that should be looked at from a counterintelligence perspective.” (The FBI did not respond to a request for comment.)

    Since spies operate under diplomatic cover, embassies are an attractive target for intelligence services. Former CIA operations officers speaking on condition of anonymity described how recruitment passes tend to work. The requests start out small — often for information that’s not public, but not necessarily classified — in order to establish what’s called “responsiveness to tasking,” or willingness to collect intelligence on their behalf. Once responsiveness is established, a series of increasingly serious taskings culminates in a “spot payment,” or bribe, which cements the illicit nature of the relationship and can be used as blackmail.

    The indictment describes Menendez meeting with the Egyptian businessman Wael Hana and, later that day, seeking nonpublic information from the State Department regarding the number and nationality of people living in the U.S. Embassy in Cairo. That information was later passed to what the indictment describes as an “Egyptian government official.” In another case, according to the indictment, Menendez’s wife Nadine, who was then his girlfriend, passed on a request from Egyptian government officials to the senator. And through Hana, Menendez was introduced to Egyptian intelligence and military officials under the auspices of increasing American food aid to Egypt.

    Though not classified, the information about staffing in the U.S. Embassy in Cairo is described in the indictment as “highly sensitive because it could pose significant operational security concerns if disclosed to a foreign government or if made public.” Without notifying his personal staff, the staff of the Senate Foreign Relations Committee, which he chaired at the time, or the State Department, Menendez allegedly transmitted a detailed breakdown of the embassy staff to Nadine, who forwarded the message to Hana, who forwarded it to an Egyptian official.

    Intelligence Source Recruitment

    The FBI is reportedly trying to ascertain whether Egyptian intelligence played a role in the bribery scheme for which Menendez is being charged. Hana’s lawyer, Larry Lustberg, has denied that Hana is linked to Egyptian intelligence and maintains that Hana and Nadine Menendez had been friends for years. (Nadine Menendez did not respond to a request for comment.)

    To the former U.S. intelligence officials that spoke with The Intercept, the events described in the indictment bear the hallmarks of an effort to recruit an intelligence source. “As an analyst, when you receive a human source report, it comes with a sourcing statement that evaluates the source’s relative position, reliability, access to information, responsiveness to tasking, and track record,” said van Landingham, the former CIA analyst.

    James Lawler, a former CIA operations officer and counterproliferation chief specializing in the recruitment of former spies, similarly described the events in the indictment as fitting the pattern of source recruitment.

    “As a case officer, I would be looking to establish a solid relationship with future tasking potential (i.e. going for the long play) but cognizant that it may be only a one off,” Lawler told The Intercept in an email. “That said, we’re talking about the head of the Senate Foreign Relations Committee! Talk about access! If I were the intel officer, I’d be delighted and thinking I’m going to be promoted!”

    He added, “It’s how I recruited assets.”

    Daniel Schuman, policy director of Demand Progress, said that overseas recruitment attempts are commonplace. For this reason, he explained, members of Congress and even congressional staffers are routinely offered counterintelligence briefings.

    Menendez, in one case described in the indictment, sought to travel to Egypt unofficially and without supervision from the State Department. A trip under such circumstances runs contrary to reporting requirements under the Senate Security Manual.

    The three-count federal indictment against Mendendez, unsealed on Friday, paints a damning picture of pay-to-play access with a wide cast of characters, ranging from allies of the Egyptian government to an associate of the tristate-area mob. Three business associates and Nadine Menendez are all named in the legal filing, which claims that Menendez used his position of power to influence federal appointments and protect his longtime friend, Fred Daibes, a New Jersey real estate developer, financier, and longtime Menendez fundraiser.

    On Tuesday, New Jersey Gov. Phil Murphy was joined by Menendez’s fellow New Jersey Sen. Cory Booker, in calling for his resignation. “The details of the allegations against Senator Menendez are of such a nature that the faith and trust of New Jerseyans as well as those he must work with in order to be effective have been shaken to the core,” Booker said. “I believe stepping down is best for those Senator Menendez has spent his life serving.”

    “Due process is a legal right, but nobody has a right to be a senator. Not being in the Senate isn’t a punishment.”

    Booker’s comments follow those made by Sen. John Fetterman, D-Pa., the first Democratic senator to call for Menendez’s resignation. Fetterman said he would try to return campaign donations from Menendez in $100 bills stuffed into envelopes like those discovered in Menendez’s house by federal investigators.

    Speaker Emerita Rep. Nancy Pelosi, D-Calif., called the charges against Menendez “formidable” and has said “it would probably be a good idea if he did resign.” Senate Majority Whip Dick Durbin, D-Ill., the Senate’s second-highest ranking official, has also called for Menendez to step down. Still, high-ranking officials like Senate Majority Leader Chuck Schumer, D-N.Y., have not called for his resignation. In a statement, Schumer said Menendez is “a dedicated public servant and is always fighting hard for the people of New Jersey,” adding that Menendez has a right to due process.

    Schuman, of Demand Progress, pointed out that questions around Menendez’s legal proceedings are separate from questions of his position in the Senate. “Due process is a legal right, but nobody has a right to be a senator,” he said. “Not being in the Senate isn’t a punishment.”

    Menendez has denied the charges, maintaining that the cash seized by authorities was from his personal savings account that he kept for emergencies “because of the history of my family facing confiscation in Cuba.” Menendez, who was born in New York City, also said, “Those behind this campaign simply cannot accept that a first-generation Latino American from humble beginnings could rise to be a U.S. senator and serve with honor and distinction.”

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  • The stony boom of artillery echoed across Tripoli as the forces of Libyan warlord Khalifa Hifter laid waste to civilian neighborhoods. Later, as I walked through the ruins of shattered homes, battered apartment buildings, and wrecked shops, the unmistakable scent of death hung in the air.

    It was 2019, when attacks by Hifter, a onetime CIA asset, and his self-styled Libyan National Army killed, wounded, and displaced countless civilians. The following year, relatives of some killed by the LNA sued Hifter in U.S. federal court under the Torture Victim Protection Act, which allows relatives of victims of extrajudicial killings and torture to hold perpetrators accountable. That case is now heading to trial.

    Meanwhile, Gen. Michael Langley, the four-star chief of U.S. Africa Command, met with Hifter last week during a visit “to further cooperation between the United States and Libya,” according to an AFRICOM press release. “It was a pleasure meeting with civilian and military leaders throughout Libya,” Langley said afterward.

    AFRICOM failed to answer questions about Langley’s meeting with Hifter and whether they discussed the warlord’s human rights record.

    “It is disgraceful that any senior U.S. official would be interacting, much less seen, with General Hifter, given the allegations against him,” said Mark Zaid, a lawyer representing a group of plaintiffs in the federal case. He described Hifter as “a warlord accused by the international community of horrific crimes against humanity involving his own people.”

    Langley’s visit was the latest twist in America’s on-again, off-again relationship with Hifter, once a favorite of Libyan leader Muammar Gaddafi, who, in the late 1980s, joined a U.S.-backed group of dissidents seeking to topple his former boss. After their coup plans fizzled and the rebels wore out their welcome on the African continent, the CIA evacuated Hifter and 350 of his men to the United States, where he was granted citizenship and lived in suburban Virginia for the next 20 years.

    The 2011 revolution and NATO intervention, including U.S. airstrikes, toppled Gaddafi and plunged Libya into chaos from which it has never emerged. In the years that followed, Hifter renewed his long-dormant project to seize power in his homeland.

    In 2014, railing against the Libyan central government’s failure to beat back militants, Hifter announced a military coup that quickly evaporated. But the warlord’s fortunes changed after he launched a campaign to clear the eastern half of the country of Islamist militant groups like Ansar al-Sharia, which conducted the 2012 attack in Benghazi that killed U.S. Ambassador J. Christopher Stevens and three other Americans. Hifter quickly gained a reputation for attacking terrorist groups, but critics have long questioned his commitment and effectiveness, casting his activities as a cultivated effort to curry favor, including with the United States.

    Over the years, Hifter’s LNA has been backed by France, Russia, Egypt, Saudi Arabia, and the United Arab Emirates. In 2019, a State Department official told The Intercept the U.S. had not aided Hifter’s forces, but retired Army Brig. Gen. Don Bolduc, who headed Special Operations Command Africa from 2015 to 2017, said that under Obsidian Lotus — a so-called 127e program that allows the U.S. to use foreign troops on U.S.-directed missions targeting America’s enemies to achieve America’s aims — U.S. commandos trained and equipped more than 100 Libyan proxies. Those forces, according to three Libyan military sources and a U.S. official who spoke on the condition of anonymity, became elite troops within Hifter’s LNA. “They could do all the direct-action missions. They could do raids, ambushes, and … go out, sneak around, and do intel,” said Bolduc, referring to intelligence gathering. He described Hifter as a “guy that we could trust.”

    By the late 2010s, Hifter’s LNA increasingly controlled the east of the country, while the U.N.-backed central government held the west. On April 2, 2019, Gen. Stephen Townsend, then the incoming AFRICOM commander, told the Senate Armed Services Committee that Hifter’s LNA and other paramilitary groups constituted a grave risk to Libya’s stability. Days later, Hifter ordered his forces to take the capital. “Use your weapons only against those who prefer to confront and fight you,” he commanded, promising, “Anyone who stays at home will be safe.” Safe hardly describes the scores of displaced people I met as Hifter’s forces rained rockets, missiles, and artillery shells on their neighborhoods. 

    The U.S. civil lawsuits alleged that, among other crimes, Hifter and his subordinates “waged indiscriminate war against the people of Libya … kill[ing] numerous men, women and children through bombings” and that they “tortured and killed hundreds of Libyans without any judicial process whatsoever.” Journalists and human rights groups have chronicled innumerable atrocities by Hifter’s forces. In 2019, for example, Amnesty International documented indiscriminate strikes often using inaccurate weapons, in violation of the laws of war, by Hifter’s LNA. A year later, Human Rights Watch reported that fighters affiliated with Hifter “apparently tortured, summarily executed, and desecrated corpses of opposing fighters.” Last year, Amnesty researcher Hussein Baoumi stated that armed fighters under Hifter’s command, and led by his son Saddam, have “terrorized people … inflicting a catalogue of horrors, including unlawful killings, torture and other ill-treatment, enforced disappearance, rape and other sexual violence, and forced displacement — with no fear of consequences.”

    On April 15, 2019, then-President Donald Trump spoke to Hifter. Days later, in a striking reversal, the U.S. joined Russia in blocking a British-led U.N. Security Council resolution calling for a cessation of hostilities. After a brief embrace, however, the Trump administration cooled on the warlord. AFRICOM later took Hifter and his Russian backers to task. “The world heard Mr. Haftar declare he was about to unleash a new air campaign. That will be Russian mercenary pilots flying Russian-supplied aircraft to bomb Libyans,” Townsend said in a press release that blamed Moscow for prolonging the war and “human suffering.”

    But the U.S. continues to send mixed signals about, and to, Hifter. In March 2020, a senior State Department official suggested there might be a “role for Hifter in shaping Libya’s political future.” Months later, as he announced sanctions against two commanders of the Kaniyat militia — part of Hifter’s LNA — then-Treasury Secretary Steven Mnuchin said they “tortured and killed civilians during a cruel campaign of oppression in Libya.”

    In March, a State Department human rights report chronicled allegations of “arbitrary or unlawful killings” by the LNA and charges that “contracted elements of Russia’s Wagner Group supporting the Libyan National Army committed numerous abuses.” The next month, Assistant Secretary of State for Near Eastern Affairs Barbara Leafspoke with LNA commander Haftar on the urgent need to prevent outside actors, including the Kremlin-backed Wagner Group, from further destabilizing Libya.” 

    In a press release issued Friday, AFRICOM focused on America’s humanitarian response to the recent devastating floods in Libya and mentioned only in passing that Langley “met with Field Marshal Khalifa Haftar,” without providing any details about their talks. “The United States stands ready to reinforce existing bonds and forge new partnerships with those who champion democracy,” said Langley after meeting with a warlord who has been involved in numerous attempted coups and rebellions going back about 35 years.

    Democrats and Republicans in Congress, citing reporting by The Intercept, have recently raised questions about U.S. aid to coup-makers in Africa. The Intercept has revealed that at least 15 officers who benefited from U.S. security assistance have been involved in 12 coups in West Africa and the greater Sahel over the last two decades. While his rebellions in 2014 and 2019 took place in North Africa, Hifter is yet another foreign military officer with U.S. ties who has engaged in armed uprisings.

    A federal judge in Virginia issued a default judgement against Hifter last year after the warlord failed to adequately respond to the lawsuit. The judge later reversed the decision. When the case goes to trial next year, Zaid said, the court will likely “render a determination as to whether the unlawful actions of the LNA to target and harm civilians is the legal responsibility of its leader General Hifter.” Faisal Gill, another lawyer representing plaintiffs in the case, said the evidence of Hifter’s crimes would be “overwhelming.”

    “It is our hope and intent,” Zaid told The Intercept, “that the same laws and policies that helped show the world that Nazi leaders must be held accountable for their crimes will reveal that General Hifter is legally responsible for his actions, and justice will be achieved.”

    The post U.S. General Met Notorious Libyan Warlord appeared first on The Intercept.

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  • As tech luminaries like Elon Musk issue solemn warnings about artificial intelligence’s threat of “civilizational destruction,” the U.S. military is using it for a decidedly more mundane purpose: understanding its sprawling $816.7 billion budget and figuring out its own policies.

    Thanks to its bloat and political wrangling, the annual Department of Defense budget legislation includes hundreds of revisions and limitations telling the Pentagon what it can and cannot do. To make sense of all those provisions, the Pentagon created an AI program, codenamed GAMECHANGER. 

    “In my comptroller role, I am, of course, the most excited about applying GAMECHANGER to gain better visibility and understanding across our various budget exhibits,” said Gregory Little, the deputy comptroller of the Pentagon, shortly after the program’s creation last year. 

    “The fact that they have to go to such extraordinary measures to understand what their own policies are is an indictment of how they operate.”

    “The fact that they have to go to such extraordinary measures to understand what their own policies are is an indictment of how they operate,” said William Hartung, a senior research fellow at the Quincy Institute for Responsible Statecraft and expert on the defense budget. “It’s kind of similar to the problem with the budget as a whole: They don’t make tough decisions, they just layer on more policies, more weapons systems, more spending. Between the Pentagon and Congress, they’re not really getting rid of old stuff, they’re just adding more.”

    House Republicans reportedly aim to pass their defense budget later this week. They had planned to vote on an $826 billion proposal last week before the far-right Freedom Caucus blocked the proposal, demanding cuts to non-defense spending.

    “The fact that the Pentagon developed an AI program to navigate its own policies should be a stark wake-up call for lawmakers who throw more money at the department than it even asks for nearly every year,” said Julia Gledhill, an analyst at the Project on Government Oversight’s Center for Defense Information. “It’s unsurprising, though: The DOD couldn’t adequately account for 61 percent of its $3.5 trillion in assets in the most recent audit, and those are physical!”

    The Pentagon did not respond to a request for comment.

    Military brass use GAMECHANGER to help them navigate what the Defense Department itself points to as an absurd amount of “tedious” policies. The program contains over 15,000 policy documents governing how the Pentagon operates, according to its GitHub entry.

    “Did you know that if you read all the Department of Defense’s policies, it would be the equivalent of reading through ‘War and Peace’ more than 100 times?” a press release about GAMECHANGER from the Defense Intelligence Agency, the military’s spy wing, says. “For most people, policy is a tedious and [elusive] concept, making the idea of understanding and synthesizing tens of thousands of policy requirements a daunting task. But in the midst of the chaos that is the policy world, one DIA officer and a team at the Office of the Undersecretary of Defense for Intelligence & Security saw an opportunity.” 

    The press release went on to decry the Pentagon’s “mountain of policies and requirements.” 

    As unusual as it is for the military to publicly air its contempt for its own sprawling bureaucracy, members of Congress have been similarly harsh. In its portrayal of U.S. military policy — which it also had a hand in creating — the Senate Armed Services Committee called rules governing the department “byzantine” and “labyrinthine.”

    “The committee notes that the Joint Artificial Intelligence Center developed an artificial intelligence-enabled tool, GAMECHANGER, to make sense of the byzantine and labyrinthine ecosystem of Department guidance,” the committee said in a report for National Defense Authorization Act — the law that appropriates cash for the Pentagon budget — for fiscal year 2023. (Amid the critique of the Pentagon’s bloated bureaucracy, the NDAA would later become law, authorizing $802.4 billion in funding for the defense budget.)

    Though announced in February of last year, GAMECHANGER has received scant media attention. The military’s Joint Artificial Intelligence Center, a subdivision of the U.S. Air Force created in 2018, developed the program. Upon its completion, the Joint Artificial Intelligence Center transferred ownership of it to the office of the Defense Department comptroller, which handles budgetary and fiscal matters for the Pentagon. 

    Shortly after its release, GAMECHANGER was already used by over 6,000 Defense Department users conducting over 100,000 queries, according to the Defense Intelligence Agency. 

    Described as a natural language processing application — a broad term in computer science generally referring the use of machine learning to allow computers to interpret human speech and writing — GAMECHANGER is just one of a vast suite of AI programs bankrolled by the Pentagon in recent months. 

    The Pentagon is currently funding 686 such AI projects, according to the National Academy of Sciences, a nonprofit that frequently conducts research into the government. The figure does not include the Department of Defense’s classified efforts.

    Before it was formally released, GAMECHANGER was granted an award by the Office of Personnel Management, the federal government’s human resources agency for civil servants.

    “GAMECHANGER is an ironic name: They’re patting themselves on the back for, in the best case, figuring out what they’ve said in the past, which is pretty modest,” said Hartung, the Quincy Institute defense budget expert. “It’s more a problem of how they make policy and not a problem of how to surf through it.”

    The post Pentagon’s Budget Is So Bloated That It Needs an AI Program to Navigate It appeared first on The Intercept.

  • Since a cadre of U.S.-trained officers joined a junta that overthrew Niger’s democratically elected president in late July, more than 1,000 U.S. troops have been largely confined to their Nigerien outposts, including America’s largest drone base in the region, Air Base 201 in Agadez.

    The base, which has cost the U.S. a total of $250 million since construction began in 2016, is the key U.S. surveillance hub in West Africa. But in testimony before the House and Senate Armed Services Committees in March, the chief of U.S. Africa Command described Air Base 201 as “minimal” and “low cost.”

    Gen. Michael Langley, the AFRICOM chief, told Congress about just two “enduring” U.S. forward operating sites in Africa: Camp Lemonnier in Djibouti and a longtime logistics hub on Ascension Island in the south Atlantic Ocean. “The Command also operates out of 12 other posture locations throughout Africa,” he said in his prepared testimony. “These locations have minimal permanent U.S. presence and have low-cost facilities and limited supplies for these dedicated Americans to perform critical missions and quickly respond to emergencies.”

    Experts say that Langley misled Congress, downplaying the size and scope of the U.S. footprint in Africa. AFRICOM’s “posture” on the continent actually consists of no fewer than 18 outposts, in addition to Camp Lemonnier and Ascension Island, according to information from AFRICOM’s secret 2022 theater posture plan, which was seen by The Intercept. A U.S. official with knowledge of AFRICOM’s current footprint on the continent confirmed that the same 20 bases are still in operation. Another two locations in Somalia and Ghana were also, according to the 2022 document, “under evaluation.”

    Of the 20, Langley apparently failed to mention six so-called contingency locations in Africa, including a longtime drone base in Tunisia and other outposts used to wage U.S. shadow wars in Niger and Somalia. The U.S. military has often claimed that contingency locations are little more than spartan staging areas, but according to the joint chiefs of staff, such bases are critical to sustaining operations and may even be “semi-permanent.”

    “This is a case of the U.S. military showing a marked lack of transparency by using technicalities to avoid conveying an accurate understanding of the extent of U.S. bases in Africa.”

    “This is a case of the U.S. military showing a marked lack of transparency by using technicalities to avoid conveying an accurate understanding of the extent of U.S. bases in Africa,” Stephanie Savell, co-director of the Costs of War project at Brown University, told The Intercept. “I’ve done field research near the sites of some of the ‘contingency locations’ that don’t seem to be part of the general’s official count, and in practice, if not in name, they serve as significant hubs of U.S. military operations. To not include them in an official count is to pull wool over the eyes of Congress and the U.S. public.”

    Last week, a coalition of 20 progressive, humanitarian, and antiwar organizations called on the leadership of the House and Senate Armed Services Committees to keep New York Democratic Rep. Jamaal Bowman’s cost of war amendment, which would require “more transparency around the price of our military presence overseas and public information about our military footprint” in the final version of the 2024 defense spending bill.  

    Annee Lorentzen of the Washington-based Just Foreign Policy, who helped lead advocacy efforts around the amendment, sees it as critical for Pentagon accountability. “It is nearly impossible for U.S. taxpayers and even members of Congress to keep track of the vast U.S. military presence in the world. Without basic transparency about the location and costs of U.S. military engagement abroad, including information on the cost of our hundreds of bases and countless partnerships with foreign militaries, legislators cannot have an informed debate about national security priorities,” she told The Intercept. “In a democratic system, voters and their elected representatives should not be in the dark about where their money and military are sent.”

    AFRICOM refused to clarify Langley’s testimony. “AFRICOM has no statement in response to your questions,” Timothy Pietrack, the deputy chief of AFRICOM Public Affairs, told The Intercept.

    Staff Sgt. Annabell Ryan , 768th Expeditionary Air Base Squadron logistics readiness flight fuels supervisor fuels a plane, June 30, 2021 at Air Base 101, Niger. 

Ryan is responsible for handling jet fuel, operating the vehicles, equipment and storage facilities that are essential to the refueling operation while also ensuring the compliance of all safety regulations while handling these volatile liquids. (U.S. Air Force photo by Airman 1st Class Jan K. Valle)

    A staff sergeant fuels a plane at Air Base 101 in Niamey, Niger, on June, 30, 2021.

    Photo: U.S. Air Force

    AFRICOM claims that Air Base 201 in Agadez is not an “enduring” forward operating site but, according to the command’s 2022 posture plan, a “cooperative security location,” presumably one of the 12 “minimal permanent U.S. presence” and “low-cost” facilities mentioned by Langley.

    Observations by this reporter, who scrutinized Air Base 201 from its perimeter and overhead earlier this year, put the lie to Langley’s characterizations. The linchpin of the U.S. military’s archipelago of bases in North and West Africa, Air Base 201 consists of a 6,200-foot runway (composed of 1.1 million square feet of asphalt), aprons, taxiways, massive aircraft hangars, multistory living quarters, roads, utilities, munitions storage, and an aircraft rescue and firefighting station, all within a 25-kilometer “base security zone.” U.S. troops eat in a 13,000-square-foot dining facility, work out in a gym, play on basketball and volleyball courts, and spend leisure time at a recreation center with “bookcases full of movies and games, Wi-Fi, snacks,” according to the Air Force, all of it protected by fences, barriers, and upgraded air-conditioned guard towers with custom-made firing ports. Only the Pentagon could call Air Base 201, the largest “airman-built” project in Air Force history, a “low-cost” facility, since it cost $110 million to build and is maintained to the tune of $20 to $30 million U.S. taxpayer dollars each year.

    “When I went to Agadez on a research trip, I saw a large U.S. drone base that was the opposite of transitory,” said Savell, who has mapped U.S. counterterrorism efforts around the world, noting large-scale infrastructure like drone hangars and conspicuous operations that included a burn pit belching black smoke into the air. “None of the base’s neighbors — who see drones flying above their houses every day, and who have seen foreign contracting companies, rather than themselves, reap the profits of servicing a multimillion-dollar facility — would even remotely consider this a minor outpost.”

    Officially, so-called cooperative security locations, known as CSLs, have “little or no permanent U.S. presence,” but Air Base 201 can currently accommodate about 1,000 U.S. military personnel, according to a spokesperson for U.S. Air Forces in Europe and Air Forces Africa. The access agreement governing the base has been in effect for nearly a decade, cannot be terminated with less than a year’s notice, and has no end date. “The agreement continues in force automatically after its initial ten-year term,” AFRICOM spokesperson Kelly Cahalan told The Intercept.

    In the wake of the July coup, the Pentagon looks to be doing everything it can to hold on to that access. On Thursday, the Pentagon announced that “out of an abundance of caution,” a small number of “non-essential personnel” would depart Niger and other troops would be repositioned but that the overall effects were minor. “This does not change our overall force posture in Niger,” a Defense Department spokesperson told The Intercept.

    “[T]he goal is to stay,” said Air Force Gen. James Hecker, the commander of U.S. air forces in Europe and Africa, when asked last month if the U.S. was planning to evacuate troops from Niger. “Preparing to stay might be a better way to say it because that’s what we’re hoping we’re going to do.” 

    Deputy Pentagon Press Secretary Sabrina Singh voiced similar sentiments. “Niger is a partner, and we don’t want to see that partnership go,” she said. “We’ve invested, you know, hundreds of millions of dollars into bases there, trained with the military there.”

    In addition to Air Base 201, the U.S. military operates another CSL — a second drone facility known as Air Base 101 — at the main commercial airport in Niger’s capital, Niamey. A Pentagon spokesperson told The Intercept that they were now “repositioning some U.S. personnel and equipment in Niger from Air Base 101 in Niamey to Air Base 201 in Agadez” but did not respond to questions about how many personnel would be moved. The CIA also operates a drone base in the far north of the country near the town of Dirkou.

    Niger's servicement stand guard as supporters of Niger's National Concil of Safeguard of the Homeland (CNSP) gather ouside the Nigerien and French airbase in Niamey on September 3, 2023, as protesters gather to demand the departure of the French army from Niger. (Photo by AFP) (Photo by -/AFP via Getty Images)

    Niger’s servicemembers stand guard as supporters of Niger’s National Council for the Safeguarding of the Fatherland gather outside the Nigerien and French airbase in Niamey, Niger, on Sept. 3, 2023.

    Photo: AFP via Getty Images

    Camp Lemonnier, a former French Foreign Legion outpost in sun-bleached Djibouti, is the crown jewel of U.S. bases on the east side of the African continent. A longtime home for Special Operations forces and counterterrorism operations in Yemen and Somalia, it hosts around 4,000 U.S. and allied personnel. Since 2002, the base has expanded from 88 acres to nearly 600 and spun off a satellite outpost 10 kilometers to the southwest, where drone operations in the country were relocated in 2013. Chabelley Airfield has gone on to serve as an integral base for missions in Somalia and Yemen, as well as the drone war against the Islamic State in Iraq and Syria.

    In 2020, a CSL at Manda Bay, Kenya, was attacked by members of the terrorist group al-Shabab, killing three Americans, wounding two others, and damaging or destroying six aircraft. In neighboring Somalia, a similar base at Baledogle Airfield is a key node in the U.S. drone war that has seen 30 declared strikes under President Joe Biden. The U.S. also has a CSL in the capital, Mogadishu. Rep. Matt Gaetz, R-Fla., recently scoffed at Langley’s characterizations of these as “minimal” outposts. “Look at Somalia. We’re pretty enduring there,” he told The Intercept during a recent interview. “We’ve become the block captain of Mogadishu.”

    Among the contingency locations listed in the 2022 posture plan that Langley failed to mention is a drone base located at Sidi Ahmed Air Base in Bizerte, Tunisia. As early as 2016, almost 70 Air Force personnel and more than 20 civilian contractors were deployed to “Camp Sidi,” according to documents obtained by The Intercept via the Freedom of Information Act. “You know, flying intelligence, surveillance, and reconnaissance drones out of Tunisia has been taking place for quite some time,” said Gen. Thomas Waldhauser, the then-chief of AFRICOM, in 2017. “[W]e fly there, it’s not a secret, but we are very respectful to the Tunisians’ desires in terms of, you know, how we support them and the fact that we have [a] low profile.” 

    The other contingency locations that Langley apparently failed to mention to members of Congress this spring include facilities located in Misrata, Libya; Thebephatshwa, Botswana; Kismayo, Somalia; as well as in Ouallam and Diffa, Niger. 

    While AFRICOM prefers to gloss over the existence of these officially “non-enduring” outposts, contingency locations play a long-term and consequential role in U.S. operations. The Intercept first reported on a contingency location in Ouallam six years ago. After an October 2017 ambush in which ISIS fighters near the village of Tongo Tongo killed four U.S. soldiers and wounded two, AFRICOM announced that the ambushed troops — based in Ouallam — were providing “advice and assistance” to Nigerien forces. In truth, “Team Ouallam” was conducting operations with a larger Nigerien force under Operation Juniper Shield, a wide-ranging regional counterterrorism effort. Until bad weather intervened, that group was slated to support another team of American and Nigerien commandos based at a then-contingency location near the town of Arlit who were trying to kill or capture an ISIS leader as part of Obsidian Nomad II, a so-called 127e program that allows U.S. forces to use local troops as proxies.

    “The framers of our Constitution didn’t intend for Congress and the American people to learn about U.S. military missions once servicemembers had already lost their lives,” said Lorentzen of Just Foreign Policy. “We need transparency both for our troops’ sake and to permit debate about this military-first approach that scatters hundreds of U.S. military outposts across Africa and the world.”

    The post Pentagon Misled Congress About U.S. Bases in Africa appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Anne Neuberger’s ascent to national security eminence has been a steady, impressive climb. Her eight-year tour through the National Security Agency has culminated in a powerful position in President Joe Biden’s National Security Council, where she helps guide national cybersecurity policy.

    Since 2007, Neuberger’s rapid rise through some of the most secretive and consequential components of the U.S. global surveillance machinery earned her a reputation as a hyper-capable operator where the government most needs one. While her work has earned public plaudits, The Intercept learned Neuberger’s tenure at the NSA triggered a 2014 internal investigation by the agency’s inspector general following allegations that she created a hostile workplace by inappropriately berating, undermining, and alienating her colleagues. In 2015, the inspector general’s report found that there was not enough evidence to sustain allegations that Neuberger fostered a hostile work environment, but it did conclude that she violated NSA policy by disrespecting colleagues.

    In the first of a series of letters to the inspector general in advance of the 2015 report, Neuberger denied the allegations against her. “I strongly disagree with the tentative conclusions of the OIG inquiry (that I sometimes failed to exercise courtesy and respect in dealing with fellow workers),” she wrote. “I firmly believe that I treated everyone with the respect and courtesy they deserved.” Neuberger argued the complaints and the investigation reflected gender bias in a department with employees resentful of being led by a woman — especially one, agency officials pointed out in the report, tasked with curbing politically risky programs in the wake of scandals sparked by NSA whistleblower Edward Snowden.

    Almost a decade later, a new allegation of misconduct against Neuberger emerged from the White House, The Intercept’s investigation found. The allegation fit a pattern of behavior established in the inspector general’s findings, this time involving an incident that took place in full view of a visiting delegation from a foreign ally.

    The 2015 NSA inspector general’s report and details of the recent complaint — neither of which have been previously reported — not only complicate Neuberger’s public national security star persona, but also offer further evidence of serious discord at the top of American cybersecurity policy. Beyond revealing Neuberger’s alleged interpersonal and managerial shortcomings, the inspector general’s report provides a rare, unflattering self-examination of the post-Snowden NSA as an HR nightmare filled with competing egos, long-standing rivalries, mutual distrust, and ample pettiness.

    “We need an absolutely efficient, agile, and well integrated leadership team at the White House and in the major federal agencies, and we don’t have that.”

    Attempts to form a cohesive cyberdefense policy at a national scale in the U.S. have long been undermined by turf wars, with multiple agencies, offices, and even branches of government laying claim to overlapping responsibilities. With the National Security Council’s privileged proximity to the president himself, discord within the NSC could particularly jeopardize the country’s ability to nimbly recognize and counter emerging and existing digital threats — a concern echoed by multiple sources with whom The Intercept spoke.

    “We recognize that we’re extremely vulnerable; our adversaries are increasing their capabilities month over month,” a former senior U.S. cybersecurity official told The Intercept, speaking on the condition of anonymity to discuss the matter. The former official cited the intertwined work of offices like the national cyber director and agencies such as the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. “We need an absolutely efficient, agile, and well integrated leadership team at the White House and in the major federal agencies, and we don’t have that. NSC, NCD, NSA, and CISA need to operate in a well-integrated manner, and this kind of friction introduces risk and consequences for national security of our critical infrastructure systems. This matters.”

    The allegations uncovered by The Intercept dovetail with a recent Bloomberg article indicating Neuberger’s management style was largely to blame for the February resignation of Chris Inglis, the first U.S. national cyber director and a former NSA deputy director broadly liked by his peers. According to Bloomberg, Inglis said Neuberger withheld information and undermined him as he tried to set the direction of the country’s cybersecurity strategy.

    “Chris is deeply thoughtful and smart. He and I disagreed on encryption and surveillance issues, but he always argued with integrity,” Tufts University professor Susan Landau, a scholar of cybersecurity policy, told The Intercept. “I was really sorry to see him leave the national cybersecurity director position.”

    Almost eight years after the NSA investigation into Neuberger, in the autumn of 2022, a senior official with CISA filed a complaint about Neuberger, according to three sources familiar with the matter who spoke on the condition of anonymity. The employee alleged Neuberger, by then on detail to the National Security Council, pointed at the door and ordered her out like a child during a meeting with U.S. cybersecurity colleagues and a delegation of visiting Indian government officials. The sources conveyed dismay about the encounter, particularly because of the strategic partnership between the U.S. and India on cybersecurity issues. (CISA declined to comment on the record for this story. Neuberger and the White House did not respond to inquiries.)

    UNITED STATES - NOVEMBER 16: White House National Cyber Director Chris Inglis is sworn in before testifying during the House Oversight and Reform Committee hearing on "Cracking Down on Ransomware: Strategies for Disrupting Criminal Hackers and Building Resilience Against Cyber Threats" on Tuesday, Nov. 16, 202. (Photo by Bill Clark/CQ Roll Call via AP Images)

    National Cyber Director Chris Inglis is sworn in before testifying at a House Oversight and Reform Committee hearing on Nov. 16, 2021.

    Photo: Bill Clark/AP

    The Inspector General Report

    Before Neuberger became a Biden-era staple of the think tank and media conference circuit, she was a senior official at the NSA, where she ran an office collaborating with the American private sector. Several years into her career, in 2014, the NSA investigated Neuberger, by then its chief risk officer, to determine whether she had fostered a hostile work environment.

    The allegations are detailed in a 54-page report, released internally in June 2015 by the agency’s Office of the Inspector General. The report outlines numerous complaints that Neuberger verbally abused and undermined her colleagues, according to a partially redacted copy provided to The Intercept through a Freedom of Information Act request. The report had previously been released by the NSA following a FOIA lawsuit by the journalist Jason Leopold. Complainants made repeated allegations ranging from Neuberger berating co-workers to blocking colleagues from accessing important information. Though her name is redacted throughout, a source familiar with the matter who spoke on the condition of anonymity confirmed Neuberger was the subject of the report. (The NSA declined to comment.)

    The NSA inspector general’s office did not find a “preponderance of evidence” to support the hostile workplace claims, but the report noted that Neuberger violated NSA policy because she “failed to exercise courtesy and respect in dealings with fellow workers.” The report said her “conduct had a negative impact on the work environment and individuals (e.g. people were sometimes left feeling ‘savaged’ and ‘practically in tears,’ shaking and afraid, skittish and scared).”

    Many of the testimonies in the report describe the post-Snowden NSA of 2014 in a state of disarray. In 2013, after Snowden blew the whistle on the reach and power of the NSA’s secret surveillance, the agency was embarrassed by outrage from foreign allies and Americans alike; calls for reforms grew in Washington. In the report the following year, Neuberger is criticized for “risk aversion” — what her superiors told the inspector general were moves to protect the NSA from “political risk.”

    Testimony from Richard Ledgett, NSA deputy director at the time, suggests that Neuberger’s caution arose from his and other top officials’ orders. “NSA must ensure that anything that is questioned by the public is able to be fully explained,” the inspector general’s report on Ledgett’s testimony says. There were “cowboys” at the agency, Ledgett said, and the orders would have rankled some NSA veterans. (Ledgett did not respond to a request for comment.)

    Whatever Neuberger’s contribution to the dysfunction, the report sheds light on painfully low morale and general aimlessness among agency staff in the wake of Snowden’s disclosures. “I don’t know what our mission is anymore to be honest,” one employee complained in the report. For Neuberger’s defenders cited in the report, this generally dismal post-Snowden mood was exculpatory evidence concerning her conduct. One NSA employee’s sworn testimony described a redacted office within the agency as a “cesspool of misery and losers, a dead weight environment,” and argued those who accused Neuberger of abusive behavior “lack marketable skills and would have a hard time being gainfully employed elsewhere.”

    Far from being a managerial menace, Neuberger’s defenders argue, she was the victim of a gendered “mutiny” by a cadre of bitter NSA men who resented her meteoric rise and efforts to balance the agency’s risk. According to one anonymous account reported by the inspector general, Neuberger was told by a co-worker that “there was a ‘cabal,’ a group of white men that were resistant to [Neuberger] and did not like the changes she was making.”

    A separate high-ranking official who also used the word “cabal” described it as a “‘secret society’ that went to the [deputy director] to get [Neuberger] fired.” The cabal’s efforts culminated in what would come to be known inside the NSA as the “mutiny letter.” The emailed catalog of grievances against Neuberger was sent to Teresa Shea, who at the time ran the agency’s much-vaunted Signals Intelligence Directorate, the office that oversees the agency’s global spying efforts, and later forwarded to Ledgett, then NSA deputy director.

    In her letter responding to the inspector general’s findings, Neuberger defended her conduct by claiming she’d been warned in disparaging terms about her office and told to whip them into shape. “Prior to taking my job as the chief of [redacted],” Neuberger wrote, “I was told by multiple people that [redacted] was a ‘pit of snakes’ where ‘seniors who can’t get along with anyone else go to spend the rest of their careers.’” Shea and her deputy had criticized Neuberger’s new team as being of “little value” and “useless to mission,” Neuberger added: “They told me they wanted to see change and significant change.” (Shea did not respond to a request for comment.)

    FILE - This Sept. 19, 2007 file photo shows the National Security Agency building at Fort Meade, Md. The National Security Agency has been extensively involved in the U.S. government's targeted killing program, collaborating closely with the CIA in the use of drone strikes against terrorists abroad, The Washington Post reported Wednesday Oct. 16, 2013 after a review of documents provided by former NSA systems analyst Edward Snowden. (AP Photo/Charles Dharapak, File)

    The National Security Agency building at Fort Meade, Md., on Sept. 19, 2007.

    Photo: Charles Dharapak/AP

    “Some People Didn’t Like That”

    After serving for three years as a special assistant to Gen. Keith Alexander, who ran the NSA from 2005 to 2014, Neuberger worked at the Commercial Solutions Center, a highly sensitive office that overtly works with and covertly sabotages private-sector technology companies. Following that stint, Neuberger was named the NSA’s first chief risk officer: essentially a post-Snowden damage-control position manned by a loyal lieutenant to Alexander. The NSA needed its corporate partners, but those corporations had been embarrassed when their hand-in-hand work with the cyberspooks was made public in Snowden’s disclosures. Neuberger, who had experience both directly in the private sector and dealing with outside companies from inside the NSA’s Commercial Solutions Center, would seem on paper to be a perfect person to repair those relationships.

    The relationships that seem to have never been mended were Neuberger’s with her colleagues. Following her flat-out denial of the inspector general’s findings, Neuberger seemed to have moved on — and eventually upward, to the White House. Neuberger had said in her letter to the inspector general that her work ethic had rubbed colleagues the wrong way.

    “I worked at all times to be respectful and to listen to folks’ views,” she wrote. “However, I also held folks accountable. Some people didn’t like that.”

    “When [Neuberger] was announced as [redacted] Chief there was immediate angst due to her ‘horrible reputation.’”

    Neuberger’s formal response to the findings, the letters included in the report itself, argued the allegations about her management were caused by a mix of garden-variety sexism and resistance to her attempts to change workplace culture: “I believe the complaints on style were reflective to a great extent on both that change in approach and, to some extent, perhaps, a gender bias, where a woman (and younger one to boot) who holds people accountable and is direct may be viewed as a challenge.”

    Though Neuberger may have butted heads with a contingent of stubborn, ossified men at the agency, women made up some of her fiercest critics in the report.

    “She is not surprised by concerns about the work environment and morale in [redacted],” the inspector general reported of an anonymous woman’s testimony. “When [Neuberger] was announced as [redacted] Chief there was immediate angst due to her ‘horrible reputation.’” 

    This female employee added that Neuberger “alienated people,” “lacks understanding of how government and the Agency work,” and that “her delivery can be off putting, as she tends to say ‘me, me, me’ rather than ‘us.’” The CISA official who leveled the 2022 allegation of misconduct against Neuberger is also a woman.

    Anne Neuberger, Deputy National Security Advisor for Cyber and Emerging Technology, center, speaks with reporters in the James Brady Press Briefing Room at the White House, Friday, Feb. 18, 2022, in Washington. White House press secretary Jen Psaki, left, and Daleep Singh, Deputy National Security Advisor for International Economics, right, look on. (AP Photo/Alex Brandon)

    Anne Neuberger, deputy national security adviser for cyber and emerging technology, center, speaks with reporters at the White House on Feb. 18, 2022.

    Photo: Alex Brandon/AP

    “Please God, Just Get Another Leader in Here”

    The role of inspectors general is to audit and investigate the federal agencies to ensure their smooth functioning and prevent fraud and abuse. While the findings of inspectors general at other federal agencies are typically freely accessible to the public, the NSA, like the rest of the intelligence community, eschews such routine transparency. Though the Neuberger report was never classified, it was originally marked “For Official Use Only.”

    “At NSA, OIG investigations rarely see the light of day because so much of what the agency does is secret,” said James Bamford, a journalist and bestselling author of multiple histories of the agency. “So it’s good that the agency may be opening up a bit to show they are actually taking action against bad senior officials like Neuberger.”

    The NSA investigation into Neuberger’s conduct was initiated by an August 5, 2014, complaint filed to the Office of the Inspector General alleging she “created and perpetuated an atmosphere of workplace intimidation within the [redacted],” according to the report. Neuberger at the time led the agency’s Commercial Solutions Center.

    “The complainant relayed concerns about allegedly unprofessional behavior, including screaming at work, harassing phone calls to employees at home, and an inability to lead effectively,” according to the report. “The employee further alleged that there was widespread fear of retribution among the [redacted] workforce for speaking out about these concerns.”

    “At NSA, OIG investigations rarely see the light of day because so much of what the agency does is secret.”

    The ensuing probe produced sworn testimony from 21 NSA employees, some of whom corroborated the allegations, some who defended Neuberger’s conduct, and others who offered mixed appraisals. The Office of the Inspector General was able to confirm one of the more incendiary allegations: yelling at an “extraordinarily high volume” and calling the employee “fucking crazy,” according to witness testimony — a phrase she later told the inspector general she used about a project she considered too risky, not a person. “She admitted to the OIG that, in this instance, she crossed a professional line when she yelled and that she later apologized to the employee,” the report said.

    In her first letter to the inspector general in advance of the report, Neuberger admitted she crossed a professional line. In a subsequent letter, she denied ever yelling. “I categorically disagree with the characterization of ‘extraordinarily high volume,’” she wrote. “I did not yell at a high volume. As a rule, I don’t yell. I was raised with parents who yelled and I, as a matter of practice, don’t yell.”

    While the allegations generally pertain to her post running the Commercial Solutions Center, some complaints refer back to her time assisting Alexander as a confounding factor. 

    “At times, her expectations of the workforce were simply too lofty,” one employee testified. “She was used to seeing NSA at its best, sitting on the 8th floor with the DIRNSA” — a reference to the director, Alexander. “We did not accomplish all we could have. … It was a miserable time,” the employee said, noting a “‘well-attended’ happy hour when her departure was announced.” 

    One senior program manager, who said group meetings with Neuberger were so tense that participants avoided making eye contact with her, told the inspector general: “please God, just get another leader in here. … it’s an uncomfortable place to work.”

    Some of the allegations are of mere rudeness: snapping her fingers at underlings, pounding on tables, and the like. (In her letters to the inspector general, Neuberger denied the table-pounding incident: “I didn’t ‘bang the table.’”) Other co-workers, however, alleged Neuberger also deliberately shut them out from important information, thwarted their ability to work, and created a workplace climate of fear and distrust.

    Neuberger “told [redacted] she learned not to trust anyone with information, because people would undercut her,” claimed one NSA employee. “At some point, [Neuberger] started compartmenting information excluding certain individuals from leadership team emails.” Neuberger was “very secretive and compartmented,” alleged another. “She would not even let her [redacted] leadership team see the overview of their mission that she sent to the DIRNSA.” Some claimed Neuberger’s distrust of her colleagues was mutual: “People avoid informing her of certain things because they are afraid of what might happen.”

    The charges in the inspector general’s report jibe with Bloomberg’s story about Inglis, the former NSA deputy director who recently resigned as the first national cyber director: Inglis, according to Bloomberg, had also alleged that Neuberger withheld important information.

    Some at the NSA attributed this behavior and certain incidents to Neuberger’s many years of mentorship under Alexander, the inspector general’s report said. “People are afraid to confront [Neuberger] because she is ‘connected,’” one colleague alleged. “She was tightly tied to former DIRNSA, General Keith Alexander, who hired her. … The perception is she has been moved along too quickly.” 

    Neuberger leaned on this apparent favoritism, a high-ranking official alleged.

    “She is very prone to say, even to this day, that she has the support of some named senior person,” according to a former NSA official who spoke to The Intercept on the condition of anonymity. “It’s often her excuse for doing something that people find surprising or difficult. … Keith gave her that sponsorship.”

    The post Top Biden Cyber Official Accused of Workplace Misconduct at NSA in 2014 — and Again at White House Last Year appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The future of wearable technology, beyond now-standard accessories like smartwatches and fitness tracking rings, is ePANTS, according to the intelligence community. 

    The federal government has shelled out at least $22 million in an effort to develop “smart” clothing that spies on the wearer and its surroundings. Similar to previous moonshot projects funded by military and intelligence agencies, the inspiration may have come from science fiction and superpowers, but the basic applications are on brand for the government: surveillance and data collection.

    Billed as the “largest single investment to develop Active Smart Textiles,” the SMART ePANTS — Smart Electrically Powered and Networked Textile Systems — program aims to develop clothing capable of recording audio, video, and geolocation data, the Office of the Director of National Intelligence announced in an August 22 press release. Garments slated for production include shirts, pants, socks, and underwear, all of which are intended to be washable.

    The project is being undertaken by the Intelligence Advanced Research Projects Activity, the intelligence community’s secretive counterpart to the military’s better-known Defense Advanced Research Projects Agency, or DARPA. IARPA’s website says it “invests federal funding into high-risk, high reward projects to address challenges facing the intelligence community.” Its tolerance for risk has led to both impressive achievements, like a Nobel Prize awarded to physicist David Wineland for his research on quantum computing funded by IARPA, as well as costly failures.

    “A lot of the IARPA and DARPA programs are like throwing spaghetti against the refrigerator,” Annie Jacobsen, author of a book about DARPA, “The Pentagon’s Brain,” told The Intercept. “It may or may not stick.”

    According to the Office of the Director of National Intelligence’s press release, “This eTextile technology could also assist personnel and first responders in dangerous, high-stress environments, such as crime scenes and arms control inspections without impeding their ability to swiftly and safely operate.”

    IARPA contracts for the SMART ePANTS program have gone to five entities. As the Pentagon disclosed this month along with other contracts it routinely announces, IARPA has awarded $11.6 million and $10.6 million to defense contractors Nautilus Defense and Leidos, respectively. The Pentagon did not disclose the value of the contracts with the other three: Massachusetts Institute of Technology, SRI International, and Areté. “IARPA does not publicly disclose our funding numbers,” IARPA spokesperson Nicole de Haay told The Intercept.

    Dawson Cagle, a former Booz Allen Hamilton associate, serves as the IARPA program manager leading SMART ePANTS. Cagle invoked his time serving as a United Nations weapons inspector in Iraq between 2002 and 2006 as important experience for his current role.

    “As a former weapons inspector myself, I know how much hand-carried electronics can interfere with my situational awareness at inspection sites,” Cagle recently told Homeland Security Today. “In unknown environments, I’d rather have my hands free to grab ladders and handrails more firmly and keep from hitting my head than holding some device.”

    SMART ePANTS is not the national security community’s first foray into high-tech wearables. In 2013, Adm. William McRaven, then-commander of U.S. Special Operations Command, presented the Tactical Assault Light Operator Suit. Called TALOS for short, the proposal sought to develop a powered exoskeleton “supersuit” similar to that worn by Matt Damon’s character in “Elysium,” a sci-fi action movie released that year. The proposal also drew comparisons to the suit worn by Iron Man, played by Robert Downey Jr., in a string of blockbuster films released in the run-up to TALOS’s formation.

    “Science fiction has always played a role in DARPA,” Jacobsen said.

    The TALOS project ended in 2019 without a demonstrable prototype, but not before racking up $80 million in costs.

    As IARPA works to develop SMART ePANTS over the next three and a half years, Jacobsen stressed that the advent of smart wearables could usher in troubling new forms of government biometric surveillance.

    “They’re now in a position of serious authority over you. In TSA, they can swab your hands for explosives,” Jacobsen said. “Now suppose SMART ePANTS detects a chemical on your skin — imagine where that can lead.” With consumer wearables already capable of monitoring your heartbeat, further breakthroughs could give rise to more invasive biometrics.

    “IARPA programs are designed and executed in accordance with, and adhere to, strict civil liberties and privacy protection protocols. Further, IARPA performs civil liberties and privacy protection compliance reviews throughout our research efforts,” de Haay, the spokesperson, said.

    There is already evidence that private industry outside of the national security community are interested in smart clothing. Meta, Facebook’s parent company, is looking to hire a researcher “with broad knowledge in smart textiles and garment construction, integration of electronics into soft and flexible systems, and who can work with a team of researchers working in haptics, sensing, tracking, and materials science.”

    Related

    The CIA Just Invested in Woolly Mammoth Resurrection Technology

    The spy world is no stranger to lavish investments in moonshot technology. The CIA’s venture capital arm, In-Q-Tel, recently invested in Colossal Biosciences, a wooly mammoth resurrection startup, as The Intercept reported last year.

    If SMART ePANTS succeeds, it’s likely to become a tool in IARPA’s arsenal to “create the vast intelligence, surveillance, and reconnaissance systems of the future,” said Jacobsen. “They want to know more about you than you.”

    The post U.S. Spy Agency Dreams of Surveillance Underwear It’s Calling “SMART ePANTS” appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The rocky cliffs of Cuba split the ocean from the sky as our flight descended toward the tarmac at the Guantánamo Bay Naval Base. It was a clear afternoon in late June, and the first thing we were told before boarding the flight from Joint Base Andrews was not to photograph from the tarmac or plane. It was the start of a week at America’s most notorious military base, where absurd restrictions would dictate what I, and other journalists, could and could not see.

    One misconception about Guantánamo was cleared up before I ever got off the plane. In my mind, everything was the prison. For so long, I associated this place with concertina wire, guard towers, and orange-clad anonymous detainees. In recent years, I’d reported on some of those same detainees, now liberated, and I learned that my prejudices and fears about the vast majority of these men had been unfounded. They welcomed me into the community of brotherhood they had forged, and I was now visiting the place where so much of their lives had been stolen. I pressed my face to the window to see the prison where people I consider friends were tortured.

    From the air, I saw security posts along what seemed to be the perimeter of the base, but it obviously wasn’t the prison. “Where the fuck is it?” I thought with increasingly desperate glances out the window of the mostly empty chartered flight. I had a three-seat row to myself, television screens, pillows, blankets, and a full in-flight lunch service. Hundreds of Muslim men had arrived by air decades before to this very airstrip, beaten, shackled, hooded, and pissing all over themselves.

    “Just landed,” I texted Mohamedou Ould Salahi on my T-Mobile burner smartphone. “It’s Swain.” A few hours later, Salahi, or “The Mauritanian,” shot back, “Hi. Did they put you in prison?”

    I soon learned that just about anything with photojournalistic value was off limits. As Guantánamo has aged, a shift has occurred in what the military wants journalists to cover. Under the current rules, members of the media are brought here to focus on the military commission proceedings at “Camp Justice,” where a very large, very cold, and very classified courtroom has been constructed to deal with the few remaining detainees who were ever charged with decades-old crimes against the United States. Press access to anything outside the court is described as a “courtesy” and subject to arbitrary restrictions.

    An American flag flies at the Office of Military Commissions building in Guantánamo Bay on June 27, 2023.

    Photo: Elise Swain/The Intercept

    Salahi, my unofficial tour guide, had always been hooded when taken outside the prison. He had accurately predicted the first day of my trip that my military handler would placate us with little tourist excursions to various parts of the bay, as if we had sailed in on a Disney cruise. “They want you to see McDonald’s and, like, the beach. That’s not where the detainees were held,” he said as we passed voice notes back and forth. “[It’s where] the detainees were held [that] you need to take photos of.”

    Over the course of my visit, I checked in with at least five former detainees who collectively spent lifetimes imprisoned here. Most didn’t know about the novel media restrictions. “Did you go to Camp Echo?” Yemeni Sabri al-Qurashi texted me from Kazakhstan. Al-Qurashi has always maintained that he was arrested for being in the wrong place at the wrong time. After 12 years at Guantánamo, he was relocated to a country that has continued to treat him like a “terrorist” and where he has not been granted asylum, despite assurances from the State Department that he would be treated well.

    “Ask them to see Camp Delta 2, 3, 4, and Camp 5, and Camp Echo, and Camp 6, and Camp Platinum,” Salahi urged from his new home in Amsterdam.

    “You can take pictures of the detainees, but not the face,” said Sufiyan Barhoumi, who was eligible for release from Guantánamo under the Obama administration after all charges against him were dropped but had to wait five more years because Donald Trump halted transfers. He has been struggling to adjust to life as a free man back home in Algeria since April 2022.

    “Take pictures of what you can!”

    Iguanas fight at the Navy Gateway Inns and Suites hotel.

    Photo: Elise Swain/The Intercept

    As recently as 2018, reporters and photographers were allowed into the prison itself. Now, though, media isn’t brought anywhere close to the permanent prison complex that houses the remaining 30 detainees. I was informed that members of the media would not be allowed to photograph even the old Camp X-Ray, the long-abandoned outdoor prison that held the very first detainees. I was shocked, since Camp X-Ray was listed as an approved location under the 2023 media guidelines. This took all locations that were even remotely related to the base’s role as a detention site completely out of play. Denying any new visual documentation of the defunct former facility seemed egregious and irrational, especially following the unprecedented access given to the United Nations special rapporteur on counterterrorism and human rights, Fionnuala Ní Aoláin, in early 2023. The Biden administration had permitted her to tour the site and interview detainees as an independent investigator, and her findings were published two days after I had arrived at the base.

    “This is just another indication that the most consistent thing about Guantánamo is inconsistency,” said former detainee Moazzam Begg, a British citizen who was released from Guantánamo without charge in 2005. Begg is the current director of CAGE, a U.K.-based advocacy group for other victims of the war on terror. “It seems that rules change and guidelines change according to who happens to be in charge. So your frustration as a journalist, I can see — imagine, as a prisoner, where you have to live in that kind of environment, where you can quote the standard operating procedure better than the staff sergeant, but he’ll say, ‘Well, no, we just changed that.’”

    “I really don’t understand this treatment,” Salahi fumed over WhatsApp. “If they don’t let you go and see what went on, or at least the place where the torture took place, what do they want? This is complete stonewalling; this makes me really very upset as a victim of that place.”

    Red flood lights at night illuminate the dock and surrounding waters at the marina at Guantánamo Bay on June 28, 2023.

    Elise Swain

    Salahi wasn’t wrong. The locations I was allowed to photograph were of little journalistic value, and many had been recently documented by a behemoth in the news industry: the New York Times. That photo essay, titled “Guantánamo Bay: Beyond the Prison,” had garnered fervent criticism on social media, in part because it seemed to take a page out of the military’s playbook by ignoring Guantánamo’s sordid, torturous past to focus instead on the similarities between the base and a college campus. Mark Fallon, a former Naval Criminal Investigative Service counterterrorism special agent, explained why the little transparency that had once existed has dwindled to no access at all.

    The U.S. government is “hoping to control the narrative about what the American public knows or believes about the prisoners here at Guantánamo Bay, the global war on terror, and some of the war crimes that we committed in the name of the American people, specifically torturing prisoners in violation of U.S. code and international law,” Fallon, the author of “Unjustifiable Means,” told me over a neat whiskey in the courtyard of the Navy Gateway Inns and Suites hotel one evening. He was the testifying witness that week in pretrial proceedings against Abd al-Rahim al-Nashiri, the detainee charged in the USS Cole bombing case. Fallon had helmed the original investigation into the Cole bombing, the attack on a U.S. naval ship in the port of Aden, Yemen, in 2000 that killed 17 Americans. Fallon later worked as an investigator at Guantánamo before the CIA’s “Rendition, Detention and Interrogation” program began torturing men with “enhanced interrogation techniques” across black sites — including at Guantánamo — beginning in August 2002. A few months later, Fallon, then deputy commander of the Criminal Investigation Task Force, warned his leadership at the Pentagon that the new behavior he was starting to see at Guantánamo was “the kind of stuff Congressional hearings are made of.”

    “What they try to do is ensure that what is going on here does not impact the contemporary conscience of the American public,” Fallon continued. “Because if it does, there may be greater calls for accountability against those that tortured in our name. And the longer that you can keep that from occurring, the safer, not just [for] the torturers but [for] the torture advocates, the torture lobby. Those who believe that torture should be used as an instrument of national policy are in jeopardy. Their legacies are in jeopardy.”

    A lone chair, left, and a 21+ wristband, right, photographed inside the Navy Gateway Inns and Suites hotel on June 25, 2023.

    Photos: Elise Swain/The Intercept

    In truth, I had already started photographing out of spite. The prison might not exist here, but the ugly, cheaply manufactured urban sprawl of late-capitalist America did. Anything especially hideous and uncanny became a target for my lens. “Free candy” written in dust on the back of a white transport van. Dead crabs. A lone foldable chair inside an empty concrete room in the hotel. A grimy carpeted bathroom. Random graffiti tags of the logo of the infamous mercenary company Blackwater. Feral cats.

    The tropical heat and general pro-war crime vibes were getting to me, so I started following Salahi’s advice: “Just write about the hotel. Concentrate on that. And eating from McDonald’s. If I was you, I would just do my whole article about the lifestyle. The staff. Just write about that because that’s where you have access.”

    Top: “Free Candy” written on the back of a dirty government transport van. Bottom: A Blackwater logo spray painted on the tents near Camp Justice at Guantánamo Bay on June 27, 2023.

    Photos: Elise Swain/The Intercept

    There was only one truly American way to forget the crime scene underfoot at Guantánamo Bay and that was to drink. At the Tiki Bar, armed military police stood in pairs while young soldiers, support staff, and visitors to the base all converged under multicolored lights and neon signs to fuel their historical amnesia and try to find someone to go home with. One young man was so wasted that I had to push him off me. Another member of the military, seeing my must-be-displayed-at-all-times press badge, told me he was a “dolphin trainer.” After confiding that he wasn’t allowed to speak to me, he added a gentle reminder that journalists weren’t welcome: “Fuck the media!”

    Saturday night dancing at the Tiki Bar on June 25, 2023.

    Photo: Elise Swain/The Intercept

    Later in the week, a Navy ship docked at the port, and the sprawling military base was suddenly overrun with sailors looking for something to do on their one night off. That afternoon, our military media escort gave three hitchhikers a ride in our white transport van. I climbed into the middle row of the van as they quietly offered me a “juice” from the backseat. The orange juice bottle contained a mixed Disaronno cocktail. “Oh, y’all have nutcrackers out here?!” I said, reminded of the fruit punch drinks illegally sold at beaches in New York City. No one understood what I was talking about. Still, they asked me to come to the beach with them, and I agreed. They let me keep the secret drink.

    We climbed boulders and called insults to each other while swimming in the warm water. That evening, I went to dinner with a colleague at O’Kelly’s, an Irish pub run by Jamaican staff where the best thing on the menu is fajitas. There, I ran into the three men again. The group swelled, and more men gathered around our table, ordering an obscene number of Jell-O shots. As the only age-appropriate and single woman in the entire bar, I was assailed with brazen pickup lines. One man offered to go in the bathroom and take an unsolicited “dick pic” to send me. I tried to make a joke out of it: He didn’t need to go all the way to the bathroom since I had a disposable flash film camera I had bought at Guantánamo’s only store. To my horror, he snatched the camera, held my gaze, and shoved it down his pants. The flash went off. The entire table erupted with howls of laughter. Suddenly, the 21+ wristband I’d been given at the door, with the sexual assault hotline number printed on it, made more sense.

    encha-lotta jello shots

    Jell-O shot aftermath at O’Kelly’s Irish pub, one of the few places members of the media can go without a military chaperone.

    Photo: Elise Swain/The Intercept

    The constant humidity reminded me of my childhood in Sarasota, Florida, only 700 miles across the Caribbean from Camp Delta. Consumed with anxiety, I was barely sleeping. Court started early each morning. The defendant, al-Nashiri, opted out of attending the pretrial arguments all week, so we never saw him in person. The sleep deprivation, and the disconnect between physically being at Guantánamo but not seeing any prisoners or prison cells, was slowly chipping away at my sense of reality.

    But I still had a job to do. I was reduced to begging the public affairs officer, Lt. Cmdr. Adam Cole, to at least take me on a drive-by of the detention center and Camp X-Ray. After spending countless hours together, he seemed committed to letting me photograph as much as possible, as I had arrived with a large DSLR and the job title of “photo editor.” While I was ostensibly there only to cover the al-Nashiri pretrial hearings, Cole recognized that journalists have other interests, especially if it’s the first time they’ve come to the base. I wanted to photograph as many of the permissible “b-roll” locations as possible.

    All my photography had to be completed before Thursday afternoon, when we had our operational security, or OPSEC, review. An extensive list of “protected information” meant that my extremely tightly cropped photographs had to be viewed by various military public affairs officers, or PAOs, and security officials prior to publication.

    An Army military police soldier allows a photograph while questioning me outside Camp Justice at Guantánamo Bay on June 27, 2023.

    Photo: Elise Swain/The Intercept

    By now, I had already experienced how quickly photographing at Guantánamo could go south. Forgetting myself in the intense midday sun outside the media center, I grabbed my Canon and pointed it straight up at the sky. I wanted to get a silly photo of a familiar raptor — a turkey vulture — soaring overhead. As I lowered the lens, remembering where I was, it was already too late. Men, one with a gun strapped across his chest, had quickly closed in, surrounding me, to ask where my PAO was — I shouldn’t have been using my camera without him there. Stunned, I asked, “Can I take a photo of the gun?” before confessing I had been a bad girl and pleading with them to not tell my new friend Cole that I’d unwittingly broken the rules.

    With the OPSEC review looming and my sanity slipping, I climbed into Cole’s transport van for one last photo excursion. We would drive by Camp X-Ray on our way to the Skyline overlook, which offered a scenic view over the sprawling base below. “No photos,” Cole reminded.

    I could barely see anything. It was far below us, and the van climbed steadily, hardly slowing down. “There it is,” Cole said. A few minutes later, we stood high above the bay at dusk. Dark clouds swirled like smoke overhead as a gentle rain began. Unable to see through my drenched glasses, I took them off and the landscape blurred even more. I felt myself starting to cry. I had come all this way to see the reality of Guantánamo Bay, only to find myself blocked at every turn.

    A view from the Skyline overlook is the closest I was able to get to photograph Camp X-Ray, nearly invisible in the lower center right, at Guantánamo Bay on June 28, 2023.

    Photo: Elise Swain/ The Intercept

    It’s always embarrassing to be in tears as a woman in a professional setting. I tried to regain my composure, overwhelmed and frustrated to be denied a true view of a place that defined my country’s abject moral failure. I thought I understood a little of how slowly the years had gone for the prisoners. A week here was an eternity, but two decades wasn’t long enough for the military to come to grips with what it had done. There was Guantánamo, still open, still making the same mistakes. Defeated and demoralized, I’d never been more professionally disappointed. Standing atop that hill, I felt as if I were watching Sisyphus’s boulder — the journalist’s goal of getting the American public to care about Guantánamo — roll back down to the bottom. 

    Cole had explained that it wasn’t his decision to nix Camp X-Ray, but rather the Naval Station Guantánamo Bay PAO Joycelyn Biggs who had decided it was off limits. Biggs was stressed. “The entire Navy is short staffed,” she told me on a phone call when I asked her about it. “Every single photo that you take, someone in my office has to look at it and vet it. That is work hours. That is resources that are being diverted from my office.” She wanted me to understand that I wasn’t her problem, that I was there to cover the court: “Anything that you do outside of [military commission] trials is a courtesy.”

    Lt. Cmdr. Adam Cole shows media the beach, left, and wears a “Don’t Tread on Me” patch on his Navy fatigues, right.

    Photo: Elise Swain/The Intercept

    For all of Biggs’s concerns that allowing photos of Camp X-Ray would lengthen the OPSEC review, I had to laugh when the entire process for all three journalists visiting that week took just over 10 minutes. What a strain on resources. Everyone crowded around as Biggs’s deputy flipped through my photos.

    “What is this?!” Cole asked about a clear plastic tube.

    “It was in the lighthouse bathroom,” I replied.

    “And you just took a picture of it?”

    “Of course.”

    “And you wanna publish it? And you’re gonna be like ‘They use this [to] torture people?’” Cole asked. It did remind me of the painful nasogastric tubes they had used to force-feed hunger striking detainees. But I laughed and said that he had just given me a perfect quote for the photo’s caption.

    “I hate you.” Cole said.

    Left: A statue of Ronald McDonald in the Guantánamo Bay lighthouse museum. Right: A clear plastic tube from a dehumidifier drains into the museum’s bathroom sink.

    Photos: Elise Swain/The Intercept

    Despite my irritations, a kind of nostalgia emerged when I described the sights, sounds, smells, and frustrations of this visit to my formerly imprisoned friends.

    “When you describe to me every corner, all the details of GTMO, I feel like I am with you,” Barhoumi said in a voice memo. “I feel like I never left this place.” When I complained about the lack of access and general censorship, he could relate. “I feel you,” he told me. “It depends on who is in charge, that’s my experience. You have to have a big heart because they will piss you off. Just use your wisdom and keep going.”

    After only a week, I was ready to leave. The constant monitoring and prescreening of my images had been invasive. To decompress, I sat at the marina near the hotel at sunset and watched the sky fade from blue to black as the eerie red glow of the dock’s flood lights spilled into the green water like blood.

    Water at the Guantánamo Bay marina changes from green to red as flood lights turn on at night.

    Photo: Elise Swain/The Intercept

    I tried to imagine a distant future when former detainees could visit this place as free men and when, perhaps, Guantánamo would become a monument for national reflection. I hoped that they, too, would one day watch the sun slowly sink beneath the wide-open sky and make peace with the place that had permanently derailed their lives. “I would love the place to be converted to a museum, just like Robben Island. I would volunteer and work sometime,” Salahi told me. “I think the former detainees should run it.”

    My plane back to Washington, D.C., took off late one afternoon from the empty Guantánamo runway. I looked out the window for a final chance to see the prison. I thought about the remaining 16 men there who have been cleared for release but are still waiting for their own liftoff. I wondered what the rest of their lives would look like. I thought again of al-Qurashi and the paintings he’d made while imprisoned here. His painting of a wooden ship fighting to stay afloat in rough seas stuck me as a metaphor for this place.

    What an injustice it was, I thought, that so many of the men who had suffered needlessly here still weren’t truly free. In a perfect world, former detainees would see this prison close. They would be exonerated, get an apology, receive reparations, and find help with rehabilitation. They would be allowed to visit the McDonald’s and the beaches and watch the dusk settle over the crystalline water that teemed with life.

    Cuba faded into the distance through the small window. I never did see the prison, just as those detained there had never seen anything of Guantánamo beyond their bars. And apart from the handful of obscure photos that manage to survive OPSEC review, they probably never will.

    The post Censorship Has Never Been Worse at Guantánamo Bay appeared first on The Intercept.

    This post was originally published on The Intercept.

  • The political crisis roiling Pakistan has morphed into a constitutional crisis. The dual crises were kicked into motion when former Prime Minister Imran Khan was removed from power last year and deepened with his recent imprisonment on corruption charges.

    Last week, the Pakistani authorities moved to charge Khan under Pakistan’s Official Secrets Act for his alleged mishandling of a classified diplomatic cable, known internally as a cipher. The March 7, 2022, cable had been at the center of a controversy in Pakistan, with Khan and his supporters claiming for a year and a half that it showed U.S. pressure to remove the prime minister. Khan publicly revealed the existence of the document in a late March 2022 rally. In April, Khan was removed by a parliamentary vote of no confidence.

    In the latest blow to the former prime minister, Pakistani authorities filed a First Information Report — an official allegation — charging that Khan and his associates were “involved in communication of information contained in secret classified document … to the unauthorized persons (i.e. public at large) by twisting the facts to achieve their ulterior motives and personal gains in a manner prejudicial to the interests of state security.”

    The official report, the first step to a formal indictment, alleged that Khan and members of his government held a “clandestine meeting” in mid-March 2022, shortly after the cable was sent, in a conspiracy to use the classified document to their advantage.

    Related

    How a Leaked Cable Upended Pakistani Politics — And Exposed U.S. Meddling

    Earlier this month, The Intercept reported on the contents of the secret cable, which confirmed U.S. diplomatic pressure to remove Khan. The document was provided to The Intercept by a source in the Pakistani military. The formal allegation against Khan makes no mention of The Intercept’s publication of the diplomatic cable.

    After the allegations about the cable were formally lodged against Khan this weekend, a wrinkle quickly appeared in the case. Pakistan’s legislature, widely believed to be acting as a rubber stamp for the military, recently approved changes to the state secrets law that Khan was being charged under. Pakistan’s sitting President Arif Alvi, though, denied on social media that he had authorized the signing of the amendments into law.

    “As God is my witness, I did not sign Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 as I disagreed with these laws,” Alvi tweeted, referring to another controversial new piece of legislation granting the Pakistani military sweeping powers over civil liberties. “However I have found out today that my staff undermined my will and command.” 

    The additions to the Official Secrets Act specifically target leakers and whistleblowers, outlining new offenses for the disclosure of information to the public related to national security and effectively criminalizing any news reporting that the military deems to be against its interests. Khan is expected to be indicted soon under the new law.

    Alvi’s statement — that he had opposed the laws, but that his staff had apparently signed off on them without his consent — throws Pakistan into uncharted constitutional territory. Under normal circumstances, the country’s president is required to give final affirmation to any laws passed by Parliament.

    Imran Khan’s Imprisonment

    Khan is reportedly under pressure while in government custody. According to media accounts, he lodged complaints about surveillance in prison, as well as the inability to meet with lawyers and family members. And Khan’s wife has expressed fears that the former prime minister could be “poisoned” in jail.

    The former prime minister is currently serving a three-year sentence on corruption charges that his supporters say are politically motivated. As part of his punishment in that case, he has also received a five-year ban from politics, which is believed to be aimed at preventing Khan — the most popular politician in the country — from contesting elections slated for later this year.

    Meanwhile, the crackdown on Pakistan Tehreek-e-Insaf, or PTI, Khan’s political party, continued. On Sunday, shortly after Khan was booked under the state secrets law, his former foreign minister, Shah Mehmood Qureshi, was arrested under the same statute.

    Related

    Pakistan Confirms Secret Diplomatic Cable Showing U.S. Pressure to Remove Imran Khan

    In an interview with Voice of America last week, former Trump administration national security adviser John Bolton called for Congress to look into potential U.S. involvement in Khan’s removal. Bolton said that despite his differences with many of Khan’s policies, which included strident criticism of U.S. involvement in Pakistani domestic affairs, he opposed the crackdown by the military, saying “terrorists, China and Russia” could use the discord to their advantage.

    “I would be stunned if that’s exactly what they said,” Bolton said of the cable text published by The Intercept. “It would be remarkable for the State Department, under any administration, but particularly under the Biden administration, to be calling for Imran Khan’s overthrow.”

    The post Imran Khan Booked Under Pakistan State Secrets Law for Allegedly Mishandling Secret Cable in 2022 appeared first on The Intercept.

    This post was originally published on The Intercept.

  • Not long ago, President Joe Biden vowed that the U.S. would “counter democratic backsliding by imposing costs for coups” in Africa. But three weeks after a military mutiny in Africa involving U.S.-trained officers, the Pentagon refuses to call the takeover in Niger a coup d’état.

    After a Nigerien junta, which calls itself the National Council for the Safeguarding of the Fatherland, seized power on July 26 and detained the democratically elected president, Mohamed Bazoum, France and the European Union immediately called it a coup. But weeks later, in public statements and responses to The Intercept, Pentagon officials have repeatedly stopped short of using that word.

    “Not calling a coup a coup not only undermines our credibility but harms our long-term interests in these states.”

    “Not calling a coup a coup not only undermines our credibility but harms our long-term interests in these states,” said Elizabeth Shackelford, a senior fellow at the Chicago Council on Global Affairs and lead author on a forthcoming report on U.S. military aid in Africa. “We have legal prohibitions on providing security assistance to juntas for a reason. It’s not in our long-term national interest to do so.”

    U.S. coup legislation, specifically Section 7008 of the Consolidated Appropriations Act, specifies that any country whose “duly elected head of government is deposed by a military coup d’état or decree” will be automatically prohibited from receiving a broad package of congressionally appropriated foreign assistance. The Pentagon’s reluctance to call a coup a coup may be aimed at preserving the ability to continue providing security assistance to military-ruled Niger.

    Deputy Pentagon Press Secretary Sabrina Singh was pressed earlier this week about why the United States has not called the takeover a coup. “It certainly looks like an attempted coup here,” she said. “We have assets and interests in the region, and our main priority is protecting those interests and protecting those of our allies. So a designation like what you’re suggesting certainly changes what we’d be able to do in the region and how we’d be able to partner with Nigerien military.” 

    While calling a three-week-old coup no more than an attempt, Singh was clear about why the U.S. might be reticent to sever relations with the junta. “Niger is a partner and we don’t want to see that partnership go,” she said. “We’ve invested, you know, hundreds of millions of dollars into bases there, trained with the military there.” 


    Related

    After Two Decades of U.S. Military Support, Terror Attacks Are Worse Than Ever in Niger


    Since 2012, U.S. taxpayers have spent more than $500 million on that partnership, making it one of the largest security assistance programs in sub-Saharan Africa. Niger hosts one of the largest and most expensive drone bases run by the U.S. military. Built in the northern city of Agadez at a price tag of more than $110 million and maintained to the tune of $20 to $30 million each year, Air Base 201 is a surveillance hub and the linchpin of an archipelago of U.S. outposts in West Africa. It is home to Space Force personnel, a Joint Special Operations Air Detachment, and a fleet of drones, including armed MQ-9 Reapers.

    In the month prior to the coup, the drone outpost was the site of a meeting between Brig. Gen. Moussa Salaou Barmou, the U.S.-trained chief of Nigerien Special Forces and Lt. Gen. Jonathan Braga, head of U.S. Army Special Operations Command. Within weeks, Barmou helped topple Bazoum and, according to a U.S. government official, conveyed a threat to Acting Deputy Secretary of State Victoria Nuland to execute the deposed president if neighboring countries attempted a military intervention.

    When asked if Singh was equivocating to avoid calling Bazoum’s overthrow a coup, a Pentagon spokesperson passed the buck to the State Department. “The DoD does not make the determination whether the situation in Niger is a coup,” Maj. Pete Nguyen told The Intercept. “The State Department will make the determination as to whether the situation in Niger is a coup.”

    Sarah Harrison, who served four years as an associate general counsel in the Pentagon’s Office of General Counsel, including providing guidance on U.S. activities in Africa, says that there is a popular misunderstanding that failing to call a military takeover a “coup” means that the U.S. government does not have to restrict access. “The Biden administration handwringing over saying ‘coup’ is absurd. The law requires no formal designation and is in force regardless of what officials choose to label events,” says Harrison.

    “By calling it an ‘attempted coup,’ it implicitly suggests that there is going to be a reversal of it and denies the facts on the ground.”

    Elias Yousif, a research analyst with the Stimson Center’s Conventional Defense Program, sees the Pentagon equivocations as a “political gesture” of dubious use. “By calling it an ‘attempted coup,’ it implicitly suggests that there is going to be a reversal of it and denies the facts on the ground that the president is under strict house arrest and the military junta is running the show,” he told The Intercept. “There has been a coup in Niger. This is the reality.”

    Earlier this month, Secretary of State Antony Blinken announced that the “U.S. government is pausing certain foreign assistance programs benefiting the government of Niger.” But the State Department did not respond to The Intercept’s questions about exactly which programs have been paused and if security aid continues to flow to the junta. Just prior to Blinken’s declaration, a State Department spokesperson told The Intercept that there had “been no determination on security assistance at this time.”

    U.S. coup restrictions were first imposed in 1984 when the Reagan White House and Congress battled over military assistance to El Salvador. The next year, Congress passed a law that applied the coup restriction to all other countries. Similar restrictions have been included in every State Department annual appropriations bill since. The U.S. has, however, often employed loopholes, workarounds, and exceptionally strict or selective readings of the law to keep military aid flowing when heads of state are deposed, including in Egypt in 2013, Burkina Faso in 2014, and Chad in 2021. Even when aid has been restricted following coups, alternate funding channels have kept U.S. tax dollars trickling into the coffers of juntas. According to State Department responses to questions from The Intercept, security assistance also continues to fund juntas in Mali, which had coups in 2020 and 2021, Guinea (2021), and Burkina Faso (two in 2022).

    “We have laws in place to ensure we don’t help prop up those who undermine democracy,” says Shackelford, who formerly served as a foreign service officer in multiple posts in Africa. “When we find ways around enforcing those laws whenever it’s inconvenient, we undermine our own influence and the stability those laws are meant to promote.”

    Indeed, Biden has decried Russia’s creation of a “propaganda ecosystem” that “creates and spreads false narratives to strategically advance the Kremlin’s policy goals.” He added, “There is truth and there are lies. And each of us has a duty and responsibility, as citizens, as Americans, and especially as leaders — leaders who have pledged to honor our Constitution and protect our nation — to defend the truth and to defeat the lies.”

    The post When Is a Coup Not a Coup? When the U.S. Says So. appeared first on The Intercept.