US spies say incriminating flight MA17 recordings are genuine

Malaysia Airlines crash site near DonetskBy IAN ALLEN | intelNews.org
American intelligence officials said on Tuesday that the intercepted conversations between pro-Russian rebels in Ukraine, in which they admit shooting down a plane at approximately the same time Malaysian Airlines Flight 17 crashed in eastern Ukraine, are “authentic”. The officials were speaking on condition of anonymity at a press briefing in Washington, organized by the United States government to provide its own take on the tragic incident, which killed almost 300 people last week. On Monday, Russian military officials said Moscow had evidence that a Ukrainian fighter jet was trailing the civilian airliner shortly before it crashed. But American officials told reporters on Tuesday that satellite images, voice traffic, as well as information gathered from social media used by pro-Russian rebels in Ukraine, “point overwhelmingly” to direct rebel responsibility for the attack. The officials said that the possibility that Ukrainian military forces might have shot down the plane was “not a plausible scenario”, because Kiev had “no antiaircraft missile system within range of the Malaysian flight at the time it was struck”. They added that photos from the crash site showed damage consistent with that caused by a Russian-made SA-11 missile, though they stressed that the data backing this assertion is still preliminary. They also pointed out, however, that US intelligence experts had verified the authenticity of the intercepted telephone conversations released shortly after the plane disaster by the Security Service of Ukraine. The voices in the recordings are allegedly those of senior pro-Russian rebel commanders, as well as of officials in Russia’s Main Intelligence Directorate of the General Staff, known commonly as GRU. In one conversation, recorded 20 minutes after the Malaysia Airlines plane was shot down, Igor Bezler, a leading commander of the self-proclaimed Donetsk People’s Republic, tells GRU Colonel Vasily Geranin: “We have just shot down a plane [...]. It fell down beyond Yenakievo”. Read more of this post

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Russia says it traced Ukraine fighter jet near downed Malaysia plane

General Kartopolov (left) speaking in MoscowBy IAN ALLEN | intelNews.org
Russian government officials have made a presentation in Moscow showing alleged evidence of a Ukrainian fighter jet, which they claim was trailing a civilian airliner that crashed on Thursday in eastern Ukraine. All 295 people onboard the Malaysia Airlines Boeing 777-200, which came down in a field east of the city of Donetsk, were killed. Last week, Ukrainian intelligence sources released telephone intercepts said to contain direct admissions by pro-Russian rebels that they shot down the civilian airliner. But Russian defense officials fought back on Monday with a hi-tech news conference in Moscow, which included several slides, charts and images relating to the airline disaster over Donetsk. The media briefing, which was specifically called to showcase Moscow’s take on the incident, featured two senior-ranking officials from the Russian general staff. One of the presenters, Lieutenant-General Andrei Kartopolov, told the gathered reporters that the government of Ukraine was most likely behind the plane’s downing. He said Russian radars showed the Malaysian Airlines plane had been forced to “deviate from its route to the north” for up to “14 kilometers” (10 miles). He added that the plane was all the while being trailed by an SU-25 fighter jet belonging to the Ukrainian government, which Russian radars indicated was flying at a distance of “three to five kilometers” (3 miles) from the civilian airplane. Kartopolov stressed that the SU-25 fighter jets are typically armed with air-to-air missiles. Pointing to a series of graphs showing radar activity around Donetsk, the Russian general stated that Ukrainian radar stations had also displayed “unusual activity” in the hours preceding the attack on the civilian airliner. He told reporters that the Russian Ministry of Defense had evidence that “the intensity of the operation of Ukrainian radar stations increased to the maximum” during the time period surrounding the fateful attack on the plane. Read more of this post

Kenyan state accused of role in killings of prominent Muslims

Site of Butt's assassinationBy IAN ALLEN | intelNews.org
Human rights groups have accused the Kenyan government of being behind a spate of assassinations of prominent Muslims in the country, after a controversial Muslim businessman was shot dead in his car last week. Kenyan authorities had accused Mohamed Shahid Butt, a vocal Muslim entrepreneur, who owned several business ventures in the city of Mombasa, of inciting terrorism. He was due to appear in court in August to face charges of funding radical Muslim youth groups in Mombasa and instructing them to drive out moderate Muslim clerics from area mosques. According to court documents, the Kenyan government has been investigating several back accounts belonging to Mr. Butt, as part of a wider probe into alleged terrorism funding. However, on Friday evening the prominent businessman was gunned down in his car in Mombasa’s Chaani district by two men who then escaped, firing automatic rifles in the air. Mr. Butt was reportedly returning to downtown Mombasa from the Moi International Airport, after picking up his son who had arrived there on a flight from London. At approximately 8:15 p.m., Mr. Butt’s car was blocked and brought to a halt by another vehicle. As soon as his car was immobilized, two men emerged from the other vehicle and shot the businessman at close range before driving off. Mr. Butt died at the scene, while his son was slightly injured. Friday’s incident was the latest in a string of assassinations of prominent Muslims in the Mombasa region during the past two years. This past June, Sheikh Mohammed Idris, a moderate Sunni imam who chaired the Council of Imams and Preachers of Kenya, became the fourth prominent Muslim cleric to have been shot dead in Mombasa since 2012. Prior to his assassination, Idris had been ousted from Mombasa’s Sakina mosque, where Mr. Butt had been an elder. The mosque has since become an enclave of radical Muslims and has been renamed to Mujahedeen (holy warrior) mosque. Muslim and human rights groups accuse the Kenyan government of conducting the assassinations, in an attempt to neutralize what it sees as domestic enemies of the state. Read more of this post

Analysis: Crimea crisis brings Russian military spies back in the game

Russian troops in UkraineBy IAN ALLEN | intelNews.org
The recent crisis in Ukraine, which resulted in Russia assuming control of Crimean Peninsula, marks the post-Soviet resurgence of Russia’s military intelligence apparatus and points to “a new playbook” in Moscow’s foreign policy strategy, according to a seasoned Russia analyst. In an article published on Monday in Foreign Policy, Mark Galeotti, Professor of Global Affairs at New York University, who specializes in Russian security affairs, said Russia’s military intelligence agency is now “back in the global spook game”. He was referring to Russia’s Main Intelligence Directorate of the General Staff, known commonly as GRU, which he said the Kremlin will be employing increasingly in the years to come as a major foreign-policy tool. It is no secret that, despite its significant role in Cold War intelligence operations, the GRU has been in decline in the post-Soviet era. Its substandard performance in the 2008 Russo-Georgian War convinced Russian President Vladimir Putin that the agency was “unfit” for operations in what Russians call the “near-abroad” —the regions of the former Soviet Republics. In 2003, in addition to facing what Galeotti calls “a savage round of [budget] cuts”, the GRU saw its near-abroad functions taken over by the FSB, Russia’s Federal Security Service. The FSB descends from the domestic component of the Soviet-era KGB, the agency that employed Vladimir Putin before he entered politics (as an aside, the SVR, which is the post-Soviet reincarnation of the KGB’s external intelligence directorates, is legally prevented from operating within the Commonwealth of Independent States). As late as last year there was even a discussion about whether the GRU should be demoted from a main directorate under the Russian Armed Forces’ General Staff to a simple directorate, a move that would have fatally diminished its institutional stature. But in the recent Crimea crisis, says Galeotti, the GRU was able to turn the tables on Kiev by deploying its battle-ready Vostok Battalion, whose members cut their teeth in Chechnya. Read more of this post

News you may have missed #880

Augusto PinochetBy IAN ALLEN | intelNews.org
►►Chinese military establishes cyberintelligence research center. The Chinese People’s Liberation Army (PLA) has announced the creation of a Cyberspace Strategic Intelligence Research Center. Experts say the Center will “provide support in obtaining high-quality intelligence research findings and help China gain advantage in national information security”. Its staff reportedly specialize in such fields as strategic theory research, intelligence studies, and technology management, among others.
►►Chile court says US had role in 1973 killings of Americans. A court ruling released late Monday said the commander of the US Military Mission in Chile at the time of the 1973 military coup gave information to Chilean officials about journalist Charles Horman and student Frank Teruggi that led to their arrest and execution just days after the coup, which brought General Augusto Pinochet to power. The case remained practically ignored in Chile until 2000, when Horman’s widow, Joyce, came and filed a lawsuit against Pinochet.
►►Opinion: Cyber tools are no substitute for human intelligence. A colonel in the Israel Defense Forces critiques “the increasing use of cyber tools as a central and sometimes exclusive role in the work of many intelligence agencies throughout the world”. He argues that “the documents exposed by Edward Snowden show how willing the Americans are to invest in technological systems to collect information and gather as much intelligence as they can using cyber tools”. But he warns that “this almost exclusive reliance on the collection and analysis of intelligence using technology comes at the expense of the human element as a basic component of intelligence-gathering”.

CIA resumes drone strikes in Pakistan after six-month hiatus

Pakistan's Federally Administered Tribal AreasBy IAN ALLEN | intelNews.org
The United States Central Intelligence Agency appears to have resumed its targeted assassinations using unmanned aerial drones in Pakistan, following a nearly six-moth hiatus. The Agency launched its lethal drone program in Afghanistan and Pakistan in 2004, and intensified it in 2008 under the supervision of US President George Bush, who then passed it on to his successor, Barack Obama. Nearly 400 strikes on Pakistani soil have been attributed to the CIA in the past decade, which have killed in excess of 3,000 militants and civilians by some estimates. But, in an unprecedented move, Washington completely seized carrying out airstrikes on Pakistani soil after December 25 of last year. That changed on Wednesday, June 11, when several powerful missiles landed outside a house located a few miles outside of Miramshah, in Pakistan’s North Wazieristan Province. The area is an operational stronghold of Pakistan’s most powerful armed militant group, the Pakistani Talban, and its close affiliate, the Haqqani Network. The air strikes took out a number of vehicles that were allegedly filled with explosives and killed at least 16 people, including alleged Taliban and Haqqani commanders, as well as, reportedly, members of the Islamic Movement of Uzbekistan (IMU). Washington said that those targeted were on their way to conduct cross-border raids in Afghanistan when they were killed. As it always does in these instances, Pakistan’s Ministry of Foreign Affairs condemned the strikes as violations of the country’s sovereignty. But reports in the Pakistani media claimed that Washington had sought and received Islamabad’s approval prior to launching last week’s attacks. What prompted the change in policy? According to one local observer, the CIA had agreed to stop its aerial attacks after it was asked to do so by the government of Pakistan, which has been engaged in peace talks with the Taliban for several months. But these talks collapsed following the June 6 suicide attack on Karachi’s Jinnah International Airport by the Taliban and the IMU, which killed 36 people, including all 10 attackers. Read more of this post

News you may have missed #878 (ISIS edition)

ISIS parade in SyriaBy IAN ALLEN | intelNews.org
►►Backgrounder on Islamic State in Iraq and Greater Syria. The Islamic State in Iraq and Greater Syria (ISIS), a predominantly Sunni jihadist group, seeks to sow civil unrest in Iraq and the Levant with the aim of establishing a caliphate —a single, transnational Islamic state based on sharia. The group emerged in the ashes of the US-led invasion to oust Saddam Hussein as al-Qaeda in Iraq, and the insurgency that followed provided it with fertile ground to wage a guerrilla war against coalition forces and their domestic allies.
►►ISIS stole $425m and became world’s richest terrorist group. The most stunning revelation to emerge out of the wreckage of Mosul this week is that ISIS just got extremely rich. Several ISIS insurgents stopped at Mosul’s central bank, where an incredible amount of cash was reportedly on hand, and the group made off with 500 billion Iraqi dinars —approximately US$425 million.
►►The Battle for Iraq Is a Saudi War on Iran. Currently on vacation in Morocco, Saudi Arabia’s King Abdullah has so far been silent on the developments in Iraq. But the situation there could well prompt him to cut short his stay and return home. This is because the ISIS advance represents a setback for Iraqi Prime Minister Nouri al-Maliki, which has been the dream of Saudi Arabia’s King Abdullah for years. He has regarded Maliki as little more than an Iranian stooge, refusing to send an ambassador to Baghdad and instead encouraging his fellow rulers of the Gulf Cooperation Council to take a similar standoff-ish approach.
►►Iran deploys Revolutionary Guard forces to fight Iraq militants. The threat of Sunni extremists eclipsing the power of its Shiite-dominated Arab ally presents Iran with the biggest security and strategic challenge it has faced since the US-led invasion of Iraq in 2003. With ISIS, an offshoot of al Qaeda, rapidly gaining territory, Iran deployed Revolutionary Guards units to Iraq, according to Iranian security officials.
►►Jihadist gains in Iraq blindside American spies. United States intelligence agencies were caught by surprise when fighters from ISIS seized two major Iraqi cities this week and sent Iraqi defense forces fleeing, current and former US officials said Thursday. With US troops long gone from the country, Washington didn’t have the spies on the ground or the surveillance gear in the skies necessary to predict when and where the jihadist group would strike.

Iran serious about nuclear deal, says senior Israeli intelligence official

Israel and IranBy IAN ALLEN | intelNews.org
A senior Israeli intelligence official said on Monday that Iran appears to be genuinely interested in entering an agreement with world powers that would lead to the termination of its nuclear program. In November of 2013, Iran signed a Joint Plan of Action with six world powers in Geneva, Switzerland. Known as the Geneva interim agreement, the pact eases economic sanctions on the Islamic Republic in exchange for a short-term suspension of core aspects of the Iranian nuclear program. The Israeli government’s negative response to the agreement was headed by Benjamin Netanyahu. The Israeli Prime Minister called the pact a “historic mistake”, which enabled “the most dangerous regime in the world” to get closer to “attaining the most dangerous weapon in the world”. Since that time, Tel Aviv has continued to criticize the governments of the United States, Russia, China, Germany, France, and the United Kingdom, known as P5+1, for signing the interim agreement with Tehran. On Monday, however, Israel’s senior intelligence analyst, Brigadier-General Itai Brun, told a conference near Tel Aviv that Iran has so far abided by the interim agreement and added that he was cautiously optimistic about the future of the negotiations between Iran and the P5+1. Brun was speaking at the Herzliya Conference, an annual gathering of senior Israeli political leaders, which typically serves as a public platform for articulation of Israel’s national policy on critical issues. Senior figures in Israel, including the President and Prime Minister, typically use their keynote addresses at the conference to set the tone for the future policies of their administration. Brig. Gen. Brun, 51, has led the research division of the Military Intelligence Directorate of the Israeli Defense Forces. His position is generally viewed as the second most senior within Israel’s military intelligence establishment. Brun’s address at the conference appeared to be deliberately designed to challenge Netanyahu’s skepticism of the Geneva interim agreement. He told conference participants that it was “very possible” that Iran and the P5+1 were “moving toward the signing of a permanent nuclear deal”. Read more of this post

US journalist facing jail term for refusing to testify in CIA officer’s trial

James RisenBy IAN ALLEN | intelNews.org
A leading American journalist is facing a possible jail term after the United States Supreme Court refused to consider his appeal against testifying at the trial of a former Central Intelligence Agency officer. Jeffrey Alexander Sterling, who worked for the CIA from 1993 until 2002, was arrested in early 2011 in St. Louis, Missouri. He was charged with leaking classified information about Operation MERLIN, a botched CIA covert operation targeting Iran’s nuclear weapons program. The operation was publicly revealed for the first time in New York Times reporter James Risen’s 2006 book State of War: The Secret History of the CIA and the Bush Administration. In chapter 9 of the book, Risen details a bungled operation by the CIA’s Iran Task Force to pass to the Iranians a series of faulty nuclear bomb design documents. Risen alleges that the CIA operation backlashed and may actually have helped the Iranian nuclear weapons program, as Iranian nuclear engineers would have been able to “extract valuable information from the blueprints while ignoring the flaws”. Risen was summoned to testify in Sterling’s trial, but refused, arguing that having to identify the source of his allegation about Operation MERLIN would infringe on press freedom. On the other side of the argument, the United States government claimed that the freedom of the press does not permit journalists “to refuse to provide direct evidence of criminal wrongdoing by confidential sources”. Risen filed a case in a Virginia court, arguing that he should not be forced to comply with the subpoena issued to him to testify at Sterling’s trial. After the court upheld the subpoena, Risen’s legal team filed an appeal with the Supreme Court. But the Court has now refused to hear the case, which means that Risen will have to testify in Sterling’s trial or face a possible jail sentence. Read more of this post

FBI kept tabs on Mandela’s first-ever visit to the US, files show

Nelson MandelaBy IAN ALLEN | intelNews.org
The United States Federal Bureau of Investigation has released for the first time some of its internal files on the late South African leader Nelson Mandela. Among other things, the documents reveal that the Bureau closely monitored Mandela’s first ever visit to the United States in 1990. The legendary black campaigner arrived in the United States in June of that year, just four months following his release from prison after 27 years of captivity. The FBI documents include a redacted memorandum from the Bureau’s field office in Atlanta, Georgia, addressed to William Sessions, who was the FBI’s Director at the time. The memorandum notes that the Bureau had been able to recruit an informant inside, or closely affiliated with, Mandela’s inner circle. The source had provided his FBI handlers with a detailed itinerary of Mandela’s 11-day US tour. The memorandum stresses that the “confidential source” was “newly opened” and thus his or her “reliability [was] not yet established”. But Mandela’s travel itinerary, which had apparently been planned by a member of staff in the office of Coretta Scott King, Dr. Martin Luther King Jr.’s widow, was carefully dissected by the FBI. The documents show that the Bureau’s principal concern was safeguarding the life of the South African political leader, who had received countless death threats in the days prior to his arrival. According to the declassified files, the threats originated from various racist skinhead and neo-Nazi groups, the Ku Klux Klan, as well as a host of white supremacist organizations. But alongside its concern about “terrorist activity being directed” at the civil rights campaigner, the Bureau was obligated to monitor his activities on US soil because at that time Washington still designated the African National Congress, which Mandela led, as a “foreign terrorist organization”. The designation was finally lifted in 2008. Read more of this post

News you may have missed #877

Oleg KaluginBy IAN ALLEN | intelNews.org
►►China to ditch US consulting firms over suspected espionage. State-owned Chinese companies will cease to work with US consulting companies like McKinsey and Boston Consulting Group over fears they are spying on behalf of the US government. Last Thursday, China announced that all foreign companies would have to undergo a new security test. Any company, product or service that fails will be banned from China. The inspection will be conducted across all sectors —communications, finance, and energy.
►►Ex-KGB general says Snowden is cooperating with Russian intelligence. Former National Security Agency contractor Edward Snowden probably never envisioned that he would someday be working for the Russian Federal Security Service, or FSB. But according to former KGB Major General Oleg Kalugin, he is now, albeit as a consultant or technical advisor. “The FSB are now his hosts, and they are taking care of him”, Kalugin claimed in an interview. “Whatever he had access to in his former days at NSA, I believe he shared all of it with the Russians, and they are very grateful”, added the former Soviet spy.
►►Snowden claims he was ‘trained as a spy’. American intelligence defector Edward Snowden says he knows how US spies operate because he was trained as one of them. In an interview with NBC News, Snowden dismissed allegations that he was just a low-level analyst with the US government before revealing highly classified details of US spying activities in 2013. “I was trained as a spy in sort of the traditional sense of the word in that I lived and worked undercover overseas, pretending to work in a job that I’m not, and even being assigned a name that was not mine”, he said in a portion of the interview that aired on Tuesday.

White House ‘investigating’ inadvertent naming of CIA station chief

CIA headquartersBy IAN ALLEN | intelNews.org
United States government officials are said to be investigating the apparently inadvertent disclosure of the name of America’s senior spy in Afghanistan last weekend. The Washington Post reported on Sunday that the name of the person in charge of all Central Intelligence Agency operations in Afghanistan had been mistakenly included in a press release issued to a host of news organizations by the White House. The release included the names of all individuals that had been scheduled to meet with US President Barack Obama, during the latter’s unannounced trip to Afghanistan. The US President visited American soldiers stationed in the Asian country during part of the Memorial Day weekend, a federally sanctioned commemoration in the United States, which is designated to honor those who have died while serving in the country’s armed forces. The press release, which was directly issued to over 6,000 journalists, included the name of the CIA official, followed by the designation “Chief of Station, Kabul”. A CIA Chief of Station is the highest-ranking Agency official in a particular country or region, tasked with overseeing CIA operations within his or her geographical area and maintaining a functional institutional relationship with the host nation’s intelligence agencies. Speaking on CNN on Tuesday, President Obama’s Deputy National Security Adviser, Tony Blinken, said the White House was “trying to figure out what happened [and] why it happened”, adding that US officials wanted to “make sure it won’t happen again”. He added that the White House Counsel, Neil Eggleston, had been tasked by White House Chief of Staff, Denis McDonough, to “look into the matter”. CNN reporters asked Blinken whether the inadvertent identification of the CIA’s Station Chief in the Afghan capital had endangered the life of the officer and his family. Read more of this post

Alleged CIA spy seeks retrial after Iranian court slashes his sentence

Amir Mirzaei HekmatiBy IAN ALLEN | intelNews.org
A United States citizen held in Iran since 2011 on spy charges has appealed for a retrial after an Iranian court quashed his earlier death sentence for espionage. Amir Mirzaei Hekmati, a former Marine born in the US state of Arizona, was arrested in August of 2011 in Iran and charged with carrying out a covert mission for the Central Intelligence Agency. In December of 2011, Hekmati appeared on Iranian state television and acknowledged that he was an operative of the CIA. He said in an interview that he had been trained “in languages and espionage” while in the US Army and that, in 2009, after nearly a decade of intelligence training, he was recruited by the CIA and specifically prepared to carry out what intelligence operatives sometimes refer to as a ‘dangling operation’ in Iran. The aim of the mission, said Hekmati, was to travel to Tehran, contact Iran’s Ministry of Intelligence and National Security, and pose as a genuine American defector wishing to supply the Iranians with inside information about American intelligence. His immediate task was to gain the trust of Iranian authorities by giving them some correct information in order to set the stage for a longer campaign of disinformation aimed at undermining a host of Iranian intelligence operations. In 2012, Hekmati was sentenced to death for spying. Members of his family, however, who live in Michigan, have continuously denied that he is an intelligence operative and maintain that he traveled to Iran to visit his grandparents. Their denials have been echoed by the government in Washington, which has denied employing Hekmati in any intelligence capacity. In March of 2012, the Supreme Court of Iran quashed Hekmati’s death sentence and ordered a retrial, calling his previous prosecution “incomplete”. At the retrial, Iran’s Revolutionary Court overturned Hekmati’s initial espionage conviction, charging him instead with “collaborating with a hostile government”. His original sentence was reduced to 10 years in prison. But Hekmati’s lawyer, Mahmoud Alizadeh Tabatabaei, told journalists on Sunday that his client would appeal even that sentence, thus seeking an immediate release from prison. Read more of this post

Western companies to suffer backlash in China-US espionage spat

China and the United StatesBy IAN ALLEN | intelNews.org
China’s response to America’s allegations of cyberespionage will probably not be directed against the United States government, but at Western technology companies, according to business insiders. On Monday, the United States Department of Justice identified five members of the Chinese People’s Liberation Army as directly responsible for a series of cyberespionage operations targeting American firms. Since then, sources in the business community have said that American companies operating in China were “caught off guard” by the Justice Department’s charges, and that they were “given no advanced notice” by US government officials. On the one hand, business insiders claim that Chinese cyberespionage against Western firms is so aggressive that many in the corporate community were broadly supportive of Washington’s move. But, on the other hand, some industry analysts have told the Reuters news agency that, although Beijing’s response to Washington’s allegations will not be “immediate or obvious”, Western technology firms should prepare to face a lot more difficulties in doing business in China. Specifically, some business observers expect the Chinese government to respond to America’s cyberespionage allegations by “precluding foreign companies from certain sectors” of its economy. Beijing might even use the controversy to justify a “turn to internal suppliers” of technological products and services, say experts. The news agency reports that American hardware and software suppliers have already seen their sales in China drop as a result of the revelations by American intelligence defector Edward Snowden. The current clash over cyberespionage between America and China is likely to have a further negative effect on American business activities all over Southeast Asia. The ongoing dispute between the two countries is likely to have an effect in Europe as well, say The Financial Times. The London-based paper reports that Washington’s recent indictment has “struck a chord in German industry”, which is also concerned about the perceived theft of intellectual property by Chinese hackers. Read more of this post

Court allows CIA to keep Cuba invasion document secret

Court documentsBy IAN ALLEN | intelNews.org
The United States Central Intelligence Agency has successfully defended itself against a lawsuit that sought the release of a secret document detailing the failed Bay of Pigs Invasion. On April 17, 1961, a brigade of 1,300 CIA-funded and -trained anticommunist Cubans mounted a surprise assault on the Caribbean island. The failure of the operation prompted the CIA to produce a multi-volume report, whose fifth and final part was authored in the early 1980s by CIA resident-historian Jack Pfeiffer. The first four volumes of the history of the Invasion have been released to the public, one voluntarily by the CIA and three through Freedom of Information Act requests. George Washington University’s National Security Archive sued the CIA in 2011, eventually forcing the Agency to declassify Volumes I, II and IV of the report. This left Volume V, which is the subject of an ongoing dispute between historians and the CIA, going back to 2005. On Tuesday, the US Court of Appeals for the Circuit of the District of Columbia ruled in a split 2-1 decision that the CIA had the right to maintain the secrecy of the entire fifth volume of the report. The two judges that ruled in favor of the CIA’s position, Brett Kavanaugh and Stephen Williams, argued that the volume in question had been “rejected for inclusion in the final publication” of the CIA report. As such, it was not a finished product, but rather a draft manuscript and was therefore not subject to US declassification rules under the Freedom of Information Act. The judges added that, since the document was “predecisional and deliberative” in character, it should be granted the so-called “deliberative process privilege”. This clause stipulates that the authors of deliberative documents are entitled to concrete and long-lasting assurances that the draft documents they are producing will remain secret. This, said the two judges, would allow the authors to advise those who commission their work freely and candidly. Read more of this post

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