Analysis: Experts question legality of CIA drone strikes

Predator drone

Predator drone

By IAN ALLEN | intelNews.org |
A number of prominent American legal scholars have voiced concerns about the legality of the targeted killings by the CIA of suspected Taliban leaders in Afghanistan and Pakistan. Speaking last week before the National Security and Foreign Affairs subcommittee of the US House Committee on Oversight and Government Reform, some of the experts warned that the killings may constitute war crimes. Among them was Loyola Law School Professor David Glazier, who reminded subcommittee members that the CIA remotely navigated drone pilots are not legally considered combatants, and thus employing them to carry out armed attacks “fall[s] outside the scope of permissible conduct”. He also warned that “under the legal theories adopted by our government in prosecuting Guantánamo detainees, these CIA officers as well as any higher-level government officials who have authorized or directed their attacks are committing war crimes”. Read more of this post

News you may have missed #341

  • Russian court rejects ‘spy’ scientist’s appeal. A Russian court has rejected an appeal for the release of academic Igor Sutyagin, former division head in the Russian Academy of Sciences’ USA and Canada Institute, who is serving a 15-year sentence for allegedly passing state secrets to foreign officials.
  • Ex-CIA agent’s arrest in VA was eventful, say sources. We reported earlier this week that Andrew M. Warren, the CIA’s Algiers station chief, who is accused of having drugged and raped two Algerian women at his official residence, was arrested at a Norfolk, Virginia motel, after he failed to show up for a court hearing. It now appears that Warren “had a gun in his waistband […] and officers used a taser to subdue him”.
  • Documents show CIA thought Gary Powers had defected. Declassified documents show the CIA did not believe that Gary Powers, who piloted the U2 spy plane shot down over Russia in 1960, causing the U2 incident, had been shot down. Instead, the agency spread the rumor that Powers “baled out and spent his first night as a defector in a Sverdlovsk nightclub”!

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News you may have missed #340

  • West Bank urged to drop Israeli cell phone companies. The Palestinian Authority (PA) is urging Palestinians to stop using the Israeli cellular companies Pelephone, Orange, Cellcom and Mirs. The official reasons are economic (Israeli companies don’t pay taxes to the PA), but the real reasons are probably related to communications security.
  • US police wiretaps up 26 percent in one year. The number of wiretaps authorized by US state and federal judges in criminal investigations jumped 26 percent from 2008 to 2009, according to a report released Friday by the Administrative Office of the US Courts.
  • Taliban group executes high-profile ex-ISI spy. Khalid Khawaja, one of two Pakistani former Inter-Services Intelligence directorate officers captured by a Taliban splinter group, named Asian Tigers, has been found dead. The other ex-ISI official, Sultan Amir Tarar, a.k.a. Colonel Imam, who was Taliban leader Mullah Mohammad Omar’s former handler, remains in captivity.

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Author gets subpoenaed to reveal CIA sources

James Risen

James Risen

By JOSEPH FITSANAKIS | intelNews.org |
The US government has issued a subpoena against a journalist who authored a book on the CIA’s operations during the years of the Bush administration. The move has surprised many, because the book in question, State of War: The Secret History of the CIA and the Bush Administration, by New York Times journalist James Risen, has been out since 2006. The subpoena, which Risen received last Monday, requests him to testify before a grand jury about his confidential sources for chapter 9 of his book (pages 193-218), entitled “A Rogue Operation”, in which he describes in relative detail an attempt by the CIA to sabotage the Iranian nuclear weapons program. In the chapter, Risen writes of a thwarted CIA operation to pass to the Iranians a series of faulty nuclear bomb design documents. To do this, the Agency apparently recruited a Russian former nuclear scientist, who had defected to the United States. The unnamed scientist was told to travel to Vienna, Austria, in early 2000, and offer to sell the documents to the Iranians. Read more of this post

News you may have missed #339 (arrest edition!)

  • US couple arrested for spying for Cuba cooperating, say authorities. Admitted spies Walter and Gwendolyn Myers have met with US federal officials “50 to 60 times” to divulge details of their three decades of spying for Cuba, Justice Department officials said Tuesday. The couple pleaded guilty in November to working for the government of Caribbean island.
  • Indian diplomat arrested for spying for Pakistan. Madhuri Gupta, a second secretary at the Indian high commission in Islamabad, Pakistan, has been arrested and accused of passing on secrets to Pakistan’s ISI spy agency. Indian officials believe she may be part of a wider spy ring.
  • Former CIA station chief arrested in Virginia. Andrew M. Warren, the CIA’s Algiers station chief, who is accused of having drugged and raped two Algerian women at his official residence, has been arrested at a Norfolk, Virginia motel, after he failed to show up for a court hearing last week. It is unclear why he skipped the hearing and why he was staying at the motel in his hometown.

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News you may have missed #338

  • US intel on Iran suffering from information overload? The US National Intelligence Estimate was due last fall but has been delayed at least twice amid efforts to “incorporate information from [Iranian] sources who are still being vetted”. Some say that significant new material has come from Iranian informants, who are motivated by antipathy toward the Iranian government and its suppression of the opposition.
  • Canada’s ex-intel boss slams new anti-terrorism measures. Reid Morden, the former director of the Canadian Security Intelligence Service, has urged the country’s Conservative government to re-think its plans to re-introduce controversial anti-terrorism measures initially adopted in the wake of 9/11.
  • Wiretapping scandals continue in Colombia. Caracol TV reports that Colombian security agency DAS has asked opposition Senator Piedad Cordoba to hand over evidence of her claims that President Alvaro Uribe ordered DAS to spy on her.

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CIA scores Washington Post charm offensive

CIA HQ

CIA HQ

By IAN ALLEN | intelNews.org |
For an agency whose very future is routinely questioned by former employees, the CIA has been getting plenty of positive press in the pages of The Washington Post lately. On Monday, The Post’s Jeff Stein cited “a former top CIA official” who claimed that the Agency’s unmanned drone assassination program in the Afghan-Pakistan border has the Taliban in disarray, “thinking that we can track them anywhere”. The former official also said that the speed of the CIA and “its Pentagon partners” (presumably NSA) in intercepting targeted communications makes the process of assassinating Taliban leaders “like mowing a lawn”. Does this sound too good to be true? How about an article published on the same day, also in The Washington Post, which claims that the CIA’s Predator drone assassination program has “kept the number of civilian deaths extremely low”? Read more of this post

News you may have missed #337

  • Another Iranian nuclear researcher reportedly defects. An academic linked with Iran’s nuclear program has defected to Israel, according to Ayoub Kara, Israel’s deputy minister for development in the Negev and Galilee. Kara said it “is too soon to provide further details”, adding that the defector is “now in a friendly country”.
  • Dutch spies to become more active abroad. The Dutch secret service, the AIVD, has announced a shift in strategy, deployed increasingly more officers abroad: “in Yemen, Somalia, and the mountains between Afghanistan and Pakistan”.
  • Why did the CIA destroy waterboarding evidence? It has been established that Porter J. Goss, the former director of the CIA, in 2005 approved the destruction of dozens of videotapes documenting the brutal interrogation of two terrorism detainees. But why did he do it? Former CIA officer Robert Baer examines the question.

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Russian intelligence arrests, extradites fmr Kyrgyz interior minister

Moldomusa Kongantiyev

Kongantiyev

By JOSEPH FITSANAKIS | intelNews.org |
If there were any doubts that Russia is aggressively courting the new interim government in Kyrgyzstan, they were dispelled earlier today with the announcement that Russian authorities arrested the Central Asian republic’s former interior minister. Kyrgyzstan’s National Security State Service (NSSS) announced that Moldomusa Kongantiyev was arrested on Sunday in Moscow, by agents of Russia’s Federal Security Service (FSB), and will be extradited to Bishkek, where he will face charges of using state repression against demonstrators. Kongantiyev had escaped to Russia in mid-April, after he was abducted and viciously beaten by Kyrgyz opposition demonstrators, who released him after his family paid a significant amount of money as ransom. IntelNews hears that Kongantiyev suspected that Moscow planned to extradite him to Kyrgyzstan, and that some of the supporters of the deposed regime in Russia offered to hide him. But their attempt to smuggle him out of a hospital in Moscow, where he was receiving medical care, was thwarted by the FSB, after a tip from  NSSS. Read more of this post

CIA not surprised by Soviet invasion of Czechoslovakia, documents show

Alexander Dubček

Alexander Dubček

By IAN ALLEN | intelNews.org |
Newly declassified CIA documents from 1968 show that the Agency had warned the Lyndon B. Johnson administration that the USSR was preparing to invade Czechoslovakia later that year. Some of the documents have been released before, but were presented for the first time in an organized, searchable format last Friday, at a symposium held at the Lyndon B. Johnson Presidential Library, on University of Texas campus. The symposium, entitled “Strategic Warning and The Role of Intelligence: Lessons Learned from the 1968 Soviet Invasion of Czechoslovakia”, included participants from academia, as well as from the CIA and other intelligence agencies. Among documents presented at the gathering was a May 10, 1968, CIA memo, which termed Soviet-Czechoslovak relations a “crisis” and warned that the possibility of an armed Soviet invasion of Czechoslovakia could “no longer be excluded”. Read more of this post

New book on Canada’s mysterious Agent 235

Johann Heinrich Amadeus de Graaf

De Graaf

By IAN ALLEN | intelNews.org |
A new book published by the Pennsylvania State University Press sheds new light into the life and work of mysterious Agent 235, Canada’s mysterious mid-20th-century spy known as ‘Johnny’. In Johnny: A Spy’s Life, R.S. Rose and Gordon Scott present the outcome of 14 years of research on ‘Johnny’, whose real name was Johann Heinrich Amadeus de Graaf. De Graaf was born in Germany in 1894, but later moved to Britain, and at the start of World War II worked as an informant for MI6. Although he conducted some of his operations in Germany, most of them took place in the UK, where he unmasked a number of native pro-Nazi sympathizers and agents of the Gestapo. Read more of this post

News you may have missed #334

  • Analysis: Split up the CIA, says veteran officer. A 15-year CIA veteran, who goes by the pseudonym Ishmael Jones, reveals in a new book that the Agency now has only “a handful” of non-official-cover officers, i.e. spies not affiliated with a US diplomatic mission abroad. In The Human Factor: Inside the CIA’s Dysfunctional Intelligence Culture, Jones argues the CIA should be broken up and its pieces absorbed by other US intelligence agencies.
  • Turkey appoints new intelligence director. It is expected that Turkey’s National Intelligence Organization (MİT) will soon be headed by Dr. Hakan Fidan, who will replace Emre Taner. MİT’s reputation has recently been severely hit by the involvement of some of its personnel in the notorious Ergenekon affair.

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News you may have missed #333

  • Ex-MI6 officer allegedly betrayed spies. Daniel Houghton was arrested last month while trying to sell classified documents to MI5 spooks posing as foreign agents. But now the former MI6 employee is accused by British authorities of trying to trade lists of British intelligence personnel. It is unclear which nation’s spy service Houghton believed he was selling to at the time of his arrest, though it is believed that Dutch intelligence tipped off MI5.
  • NSA director under friendly fire in US Senate. US National Security Agency director, Army Lt. Gen. Keith Alexander, spoke last Thursday before the Senate Armed Services Committee. He addressed the synergies among the NSA, the newly created Cyber Command, and the Department of Homeland Security, as well as the concept of cyberwar: “In general terms, I do think a cyberwar could exist”, he said, but only “as part of a larger military campaign”.

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NSA whistleblower prosecutions continue under Obama

Thomas Drake

Thomas Drake

By JOSEPH FITSANAKIS | intelNews.org |
Legal observers were surprised late last week when a grand jury in Baltimore indicted a former senior official of the US National Security Agency (NSA) for leaking classified information to a local newspaper reporter. The indictment, which was publicized last Thursday, accuses Thomas A. Drake of exchanging hundreds of email messages with a reporter, in which he exposed aspects of the NSA’s alleged mismanagement and operational deficiencies. Court documents do not identify the reporter, or the news outlet for which she worked. But most observers have identified her as Siobhan Gorman, who now works for The Wall Street Journal. Between 2006 and 2007, while working for The Baltimore Sun, Gorman authored a series of articles on the NSA, exposing, among other things, severe mismanagement of outsourced signals collection programs, as well as the Agency’s trouble in securing enough electrical supply for its computational requirements. Read more of this post

News you may have missed #332

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