US Failures in Afghanistan Multiplying: Negotiation Impasse, Bomb at Jirga Site and Increasing Violence

It is difficult to imagine how the situation could be any worse for the US ahead of Thursday’s opening of the loya jirga that was meant to give a stamp of approval to the Bilateral Security Agreement that would govern US troops remaining in Afghanistan after 2014. Both the New York Times and Reuters are reporting a sticking point (the issue is not a new one) in the negotiations that threatens to prevent an agreement being reached. Furthermore, a suicide bomber struck on Saturday at the site where the jirga is planned. The Taliban has claimed responsibility. Finally, the UN is reporting that despite as many as 12,000 Taliban fighters being killed, wounded or captured in the last year, violence in Afghanistan is at its highest point since the US surge.

The latest sticking point in the Bilateral Security Agreement (immunity for US troops also is a sticking point that is just as likely to derail approval by the jirga) addresses US troops entering Afghan homes without permission. This is at the heart of the operations of US death squads as Special Operations forces carry out night raids. From the Times:

Offstage, however, American raids continued to be a point of deadlock, according to the Afghan officials, who spoke on the condition of anonymity because the negotiations were continuing. In recent days, the talks have been led on the Afghan side by Mr. Karzai, and on the American side by Ambassador James B. Cunningham and the military coalition commander, Gen. Joseph F. Dunford Jr.

The Afghan officials said Mr. Karzai would not change his position before Thursday’s loya jirga, to which 3,000 officials, elders and notables from around the country have been invited to ratify or reject the security agreement.

So even though these negotiations are being carried out at the highest level, it appears that a serious disagreement persists, just a few days short of the critical jirga. The article notes that some on the US side feel that this is a last-minute ploy by the Afghans, but considering that Karzai has opposed the raids from the beginning, it is hard to see how that argument has any merit. The article continues to show how this disagreement could scuttle the entire deal: Read more

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Like Obi Wan, Osama bin Laden Has Come Back More Powerful Than Ever Before

In a piece that serves only to claim we need even more invasive online surveillance because we’ve made al Qaeda more insidious than before Osama bin Laden died, Michael Hirsh tries to make Abu Musab al-Suri the new boogeyman (who, as J.M. Berger notes, may not even be alive!).

The truth is much grimmer. Intelligence officials and terrorism experts today believe that the death of bin Laden and the decimation of the Qaida “core” in Pakistan only set the stage for a rebirth of al-Qaida as a global threat. Its tactics have morphed into something more insidious and increasingly dangerous as safe havens multiply in war-torn or failed states—at exactly the moment we are talking about curtailing the National Security Agency’s monitoring capability. And the jihadist who many terrorism experts believe is al-Qaida’s new strategic mastermind, Abu Musab al-Suri (a nom de guerre that means “the Syrian”), has a diametrically different approach that emphasizes quantity over quality. The red-haired, blue-eyed former mechanical engineer was born in Aleppo in 1958 as Mustafa Setmariam Nasar; he has lived in France and Spain. Al-Suri is believed to have helped plan the 2004 train bombings in Madrid and the 2005 bombings in London—and has been called the “Clausewitz” of the new al-Qaida.

[snip]

But the agency’s opponents may not realize that the practice they most hope to stop—its seemingly indiscriminate scouring of phone data and emails—is precisely what intelligence officials say they need to detect the kinds of plots al-Suri favors.

[snip]

And the consensus of senior defense and intelligence officials in the U.S. government is that NSA surveillance may well be the only thing that can stop the next terrorist from blowing apart innocent Americans, as happened in Boston last April. “Al-Qaida is far more a problem a dozen years after 9/11 than it was back then,” [Navy Postgraduate School expert John] Arquilla says.

[snip]

Officials also say they need more intelligence than ever to determine which of the multifarious new jihadist groups is a true threat. “The really difficult strategic question for us is which one of these groups do we take on,” [Michael] Hayden says. “If you jump too quickly and you put too much of a generic American face on it, then you may make them mad at us when they weren’t before. So we are going to need a pretty nuanced and sophisticated understanding of where there these new groups are going and where we need to step up and intervene.”

Some officials suggest that to do that—to discriminate carefully between the terrorists who are directly targeting U.S. interests and those who aren’t—the United States needs to step up, not slow down, the NSA’s monitoring of potential targets. [my emphasis]

Hirsh doesn’t seem to notice it, but even while he quotes former and current architects of our counterterrorism strategy like Michael Hayden and Mike Rogers, if his tale is to be believed, you have to also believe those former and current counterterrorism leaders committed these grave counterterrorism failures:

  • Allowing no fewer than 25 failed states to flourish, especially in Yemen, Somalia, Syria, Libya, and Iraq
  • Failing to win or even establish governance in Afghanistan
  • Rendering al-Suri to Syria where he may or may not have been let free
  • Taking on Bashar al-Assad (who the article admits provided us counterterrorism support, including presumably proxy torturing al-Suri) even while not backing dictators who provide counterterrorism support during the Arab Spring
  • Abandoning Syrian rebels to Assad

Then Hirsh goes on to recite the debunked claims about how useful the Section 215 dragnet is (though curiously, he doesn’t mention Basaaly Moalin, perhaps because elsewhere Harold Koh admits that even most members of al-Shabaab aren’t members of al Qaeda, much less those who materially support al-Shabaab), how that would have (and, the implication is) and is the only thing that might have prevented 9/11.

Hirsh doesn’t even seem to notice that he repeats the claim that only NSA dragnets can prevent a Boston Marathon attack, yet NSA dragnets didn’t prevent the Boston Marathon attack.

Obviously, the whole thing is just as Mike Rogers/Michael Hayden sponsored advertisement to pass DiFi’s Fake FISA Fix (the article doesn’t address why she doesn’t just accept the status quo).

But in the process, Hirsh has instead laid out solid evidence we should never trust the people who’ve been running our war on terror for the last 12 years, because, if even a fraction of what he claims is true, they’ve actually made us far less safe.

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Fat Al Gore Menaces the Homeland and Homeland Security Experts Don’t Care

Six days ago, Fat Al Gore (my shorthand for climate change) attacked the Philippines, killing as many 10,000 and leaving 250,000 homeless.

It was Fat Al Gore’s most successful attack thus far.

With Fat Al Gore’s growing success in mind, consider these data points.

Senate Homeland Security Committee doesn’t recognize Fat Al Gore as a threat

The Senate Homeland Security Committee is holding a hearing on “Threats to the Homeland.” It is focused almost entirely on what witnesses describe a dispersed Al Qaeda threat (which doesn’t have the ability to attack in the US), self-radicalized extremists who don’t have the ability to conduct large-scale attacks, and cybersecurity (though Carl Levin did bring up corporate anonymity as a threat, and Republicans brought up Benghazi, which isn’t the “Homeland” at all; also, Ron Johnson leaked that Secret Service officers have proven unable to keep their dick in their pants in 17 countries).

None of the three witnesses even mentioned climate change in their testimony.

Obama’s Chief of Staff threatened to “kill” Steven Chu for admitting islands would disappear because of climate change

Meanwhile, the lead anecdote of this mostly interesting (but in parts obviously bullshit) profile of how Obama disempowered his cabinet ministers tells how Rahm went ballistic because Steven Chu (whose energy initiative created a bunch of jobs) publicly admitted that some islands will disappear because of climate change.

In April 2009, Chu joined Obama’s entourage for one of the administration’s first overseas trips, to Trinidad and Tobago for a Summit of the Americas focused on economic development. Chu was not scheduled to address the media, but reporters kept bugging Josh Earnest, a young staffer, who sheepishly approached his boss, White House press secretary Robert Gibbs, with the ask. “No way,” Gibbs told him.

“Come on,” Earnest said. “The guy came all the way down here. Why don’t we just have him talk about all the stuff he’s doing?”

Gibbs reluctantly assented. Then Chu took the podium to tell the tiny island nation that it might soon, sorry to say, be underwater—which not only insulted the good people of Trinidad and Tobago but also raised the climate issue at a time when the White House wanted the economy, and the economy only, on the front burner. “I think the Caribbean countries face rising oceans, and they face increase in the severity of hurricanes,” Chu said. “This is something that is very, very scary to all of us. … The island states … some of them will disappear.”

Earnest slunk backstage. “OK, we’ll never do that again,” he said as Gibbs glared. A phone rang. It was White House chief of staff Rahm Emanuel calling Messina to snarl, “If you don’t kill [Chu], I’m going to.”

Much later the story notes that Heather Zichal is on her way out too.

Even blue-chip West Wingers such as economic adviser Gene Sperling and climate czar Heather Zichal are heading for the exits.

Washington insiders applaud fracking while ignoring climate change

Meanwhile, also as part of its big new magazine spread, Politico has two related pieces on DC insiders views.

There’s this “Real Game Changers” piece capturing the “big forces they see shaking up U.S. politics.” David Petraeus talks about “the ongoing energy revolution in the U.S.” Jeb Bush promises, “With natural gas as an exponentially growing source, we can re-industrialize.” And while several thinkers describe the problem of economic inequality, only Al Gore talks about Fat Al Gore.

Carbon pollution from burning fossil fuels is changing our climate and transforming our world. From more destructive and more frequent climate-related extreme weather events, floods and droughts, melting ice and rising sea levels, to climate refugees, crop failure, higher asthma rates and water scarcity, the consequences are profound. As citizens, we’re already paying the high costs. Billions of dollars to clean up after extreme weather events. Rising insurance bills. Lives lost.

Meanwhile, former respectable energy historian turned shill Daniel Yergin congratulates America on being almost energy independent.

Here’s his only mention of the word “climate.”

In a major climate speech this past June, he declared, “We should strengthen our position as the top natural gas producer because, in the medium term at least, it not only can provide safe, cheap power, but it can also help reduce our carbon emissions.”

Yes, we’re going to fight climate change by burning carbon (gas) instead of carbon (coal).

To be fair to the DC elite, the reason we’re embracing fracking is to give ourselves space to ditch the terrorist funding Saudis. So there is a real national security purpose to it.

But of course, it’s a purpose that addresses a far less urgent threat than that terrorist Fat Al Gore, who just killed 10,000 people.

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Lavabit and The Definition of US Government Hubris

Graphic by Darth

Graphic by Darth

Well, you know, if you do not WANT the United States Government sniffing in your and your family’s underwear, it is YOUR fault. Silly American citizens with your outdated stupid piece of paper you call the Constitution.

Really, get out if you are a citizen, or an American communication provider, that actually respects American citizen’s rights. These trivialities the American ethos was founded on are “no longer operative” in the minds of the surveillance officers who claim to live to protect us.

Do not even think about trying to protect your private communications with something so anti-American as privacy enabling encryption like Lavabit which only weakly, at best, even deigned to supply.

Any encryption that is capable of protecting an American citizen’s private communication (or even participating in the TOR network) is essentially inherently criminal and cause for potentially being designated a “selector“, if not target, of any number of searches, whether domestically controlled by the one sided ex-parte FISA Court, or hidden under Executive Order 12333, or done under foreign collection status and deemed “incidental”. Lavabit’s Ladar Levinson knows.

Which brings us to where we are today. Let Josh Gerstein set the stage:

A former e-mail provider for National Security Agency leaker Edward Snowden, Lavabit LLC, filed a legal brief Thursday detailing the firm’s offers to provide information about what appear to have been Snowden’s communications as part of a last-ditch offer that prosecutors rejected as inadequate.

The disagreement detailed in a brief filed Thursday with the U.S. Court of Appeals for the Fourth Circuit resulted in Lavabit turning over its encryption keys to the federal government and then shutting down the firm’s secure e-mail service altogether after viewing it as unacceptably tainted by the FBI’s possession of the keys.

I have a different take on the key language from Lavabit’s argument in their appellate brief though, here is mine:

First, the government is bereft of any statutory authority to command the production of Lavabit’s private keys. The Pen Register Statute requires only that a company provide the government with technical assistance in the installation of a pen- trap device; providing encryption keys does not aid in the device’s installation at all, but rather in its use. Moreover, providing private keys is not “unobtrusive,” as the statute requires, and results in interference with Lavabit’s services, which the statute forbids. Nor does the Stored Communications Act authorize the government to seize a company’s private keys. It permits seizure of the contents of an electronic communication (which private keys are not), or information pertaining to a subscriber (which private keys are also, by definition, not). And at any rate it does not authorize the government to impose undue burdens on the innocent target business, which the government’s course of conduct here surely did.

Second, the Fourth Amendment independently prohibited what the government did here. The Fourth Amendment requires a warrant to be founded on probable cause that a search will uncover fruits, instrumentalities, or evidence of a crime. But Lavabit’s private keys are none of those things: they are lawful to possess and use, they were known only to Lavabit and never used by the company to commit a crime, and they do not prove that any crime occurred. In addition, the government’s proposal to examine the correspondence of all of Lavabit’s customers as it searched for information about its target was both beyond the scope of the probable cause it demonstrated and inconsistent with the Fourth Amendment’s particularity requirement, and it completely undermines Lavabit’s lawful business model. General rummaging through all of an innocent business’ communications with all of its customers is at the very core of what the Fourth Amendment prohibits.

The legal niceties of Lavabit’s arguments are thus:

The Pen Register Statute does not come close. An anodyne mandate to provide information needed merely for the “unobtrusive installation” of a device will not do. If there is any doubt, this Court should construe the statute in light of the serious constitutional concerns discussed below, to give effect to the “principle of constitutional avoidance” that requires this Court to avoid constructions of statutes that raise colorable constitutional difficulties. Norfolk S. Ry. Co. v. City of Alexandria, 608 F.3d 150, 156–57 (4th Cir. 2010).

And, later in the pleading:

By those lights, this is a very easy case. Lavabit’s private keys are not connected with criminal activity in the slightest—the government has never accused Lavabit of being a co-conspirator, for example. The target of the government’s investigation never had access to those private keys. Nor did anyone, in fact, other than Lavabit. Given that Lavabit is not suspected or accused of any crime, it is quite impossible for information known only to Lavabit to be evidence that a crime has occurred. The government will not introduce Lavabit’s private keys in its case against its target, and it will not use Lavabit’s private keys to impeach its target at trial. Lavabit’s private keys are not the fruit of any crime, and no one has ever used them to commit any crime. Under those circumstances, absent any connection between the private keys and a crime, the “conclusion[] necessary to the issuance of the warrant” was totally absent. Zurcher, 436 U.S., at 557 n.6 (quoting, with approval, Comment, 28 U. Chi. L. Rev. 664, 687 (1961)).

What this boils down to is, essentially, the government thinks the keys to Lavabit’s encryption for their customers belong not just to Lavabit, and their respective customers, but to the United States government itself.

Your private information cannot be private in the face of the United States Government. Not just Edward Snowden, but anybody, and everybody, is theirs if they want it. That is the definition of bullshit.

[Okay, big thanks to Darth, who generously agreed to let us use the killer Strangelovian graphic above. Please follow Darth on Twitter]

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Just One Week Before Jirga on US Troop Immunity, Reuters Finds Afghan Murder Investigation Stymied by Immunity

With Hamid Karzai’s loya jirga only about one week away, Reuters has published information that adds fuel to one of the major objections to the new Bilateral Security Agreement between Afghanistan and the US that the jirga is meant to bless. Despite clear evidence provided recently in full by Matthieu Aikins that US special forces were involved in the murders of a number of civilians in the Nerkh district of Maidan Wardak province, Afghanistan’s security directorate has had to close their investigation into those deaths because the US will not provide access to the troops who were involved. The current status of forces agreement provides full criminal immunity to US troops and it is widely believed that criminal immunity going forward after 2014 will be the key decision point at the jirga and for Karzai signing the agreement.

For their article, Reuters came into possession of a report from Afghanistan’s National Directorate of Security that was written in September:

Afghanistan’s intelligence service has abandoned its investigation into the murder of a group of civilians after being refused access to U.S. special forces soldiers suspected of involvement, according to a document obtained by Reuters.

/snip/

In the report authored by Afghanistan’s National Directorate of Security (NDS) intelligence agency, investigators said they had asked the United States for access to three U.S. Green Berets and four Afghan translators working with them but were rebuffed.

“Despite many requests by NDS they have not cooperated. Without their cooperation this process cannot be completed,” said the report, which was originally published on September 23.

U.S. military officials were not immediately available for comment but they have long said the Green Berets did not take part in, or turn a blind eye to, illegal killings in Wardak.

Yeah, right. How can the US claim they didn’t turn a “blind eye” when, among the many things Aikins documented, it was clear that Zakariah Kandahari was in Facebook contact with the special forces unit in question while he was officially “missing”?

There has been much posturing over the jirga in recent days, with assemblies of politicians and other leaders being called to both support and oppose any approval of the bilateral security agreement. The Taliban also has weighed in, warning that any tribal leaders voting for the US to retain a presence in Afghanistan will be targets of future attacks.

Of course, the US claims that even though US forces are immune from being charged by Afghan authorities, US troops are subject to the military justice system and that crimes are investigated and prosecuted. However, given the rush to prosecute only Robert Bales on the Panjwai massacre even though it seems quite possible he had help with at least some of those killings, by blocking Afghan access to the remainder of the death squad involved prompts speculation that Kandahari will be the scapegoat for the Nerkh killings, especially since the US continues to maintain that Kandahari wasn’t even officially working for the US.

Will the blocking of Afghanistan’s investigation into these brutal murders be the final straw that blocks approval of immunity and the BSA?

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William Webster Meets Edward Snowden, IRTPA, Roving Wiretaps, and the Phone Dragnet

For a post on back-door searches, I’m re-reading the William Webster report on whether the FBI could have anticipated Nidal Hasan’s attack. In the light of the Edward Snowden disclosure, I’m finding there are a number of passages that read very differently (so expect this to be a series of posts).

As you read this, remember two things about Webster’s report. First, FBI and NSA’s failure to find Umar Farouk Abdulmutallab in spite of texts he sent to Anwar al-Awlaki was probably prominent on the Webster team’s mind as they completed this (and surely factors significantly in the classified version of the SSCI report on the UndieBomb). So some of the comments in the Webster report probably don’t apply directly to the circumstances of Nidal Hasan, but to that (and Webster notes that some of the topics he addresses he does because they’re central to counterterrorism approaches). And the Webster report is perhaps the most masterful example of an unclassified document that hides highly classified background.

All that said, in a section immediately following Webster’s description of Section 215, Webster discusses how Roving Wiretaps, Section 6001 of IRTPA, and Section 215 were all reauthorized in 2011.

When FISA was passed in 1978, the likely targets of counterterrorism surveillance were agents of an organized terrorist group like the Red Brigades, the Irish Republican Army, or the Palestinian terrorist organizations of that era. Given the increasing fluidity in the membership and organization of international terrorists, the FBI may not be able to ascertain a foreign terrorist’s affiliation with an international organization. Section 6001 of the Intelligence Reform and Terrorist Prevention Act of 2004 (IRTPA) allows the government to conduct surveillance on a non-U.S. person who “engages in international terrorism or activities in preparation therefor” without demonstrating an affiliation to a particular international terrorist organization. Pub. L. 108-458, § 6001, 118 Stat. 3638, 3742 (2004).

Sections 206 and 215 of the PATRIOT Act and Section 6001 of IRTPA were scheduled to “sunset” on December 31, 2009. In May 2011, after an interim extension, Congress extended the provisions until June 1, 2015, without amendment. [my emphasis]

I find this interesting, first of all, because it doesn’t mention the Pen Register and Lone Wolf language that also got reauthorized in 2011 (suggesting he lumped these three together for a specific reason). And because it puts the language, “engages in international terrorism or activities in preparation therefor” together with roving wiretaps (“continuous electronic surveillance as a target moves from one device to another”), and Section 215, which we now know includes the phone dragnet.

As we’ve seen, DiFi’s Fake FISA Fix includes the language from IRTPA, on “preparation therefor,” which I thought was an expansion of potential targets but which I presume now is what they’ve been using all along. While I don’t recall either the White Paper nor Claire Eagan’s language using that language, I’m wondering whether some underlying opinion does.

Now consider how the roving wiretap goes with this. One reason — probably the biggest reason — they need all phone records in the US is so they can use it to find targets as they move from one burner cell phone to another. Indeed, one passage from DiFi’s Fake FISA Fix seems specifically designed to authorize this kind of search.

(C) to or from any selector reasonably linked to the selector used to perform the query, in accordance with the court approved minimization procedures required under subsection (g).

That language “reasonably linked” surely invokes the process of using algorithms to match calling patterns to calling patterns to find a target’s new phone. And note this is the only query that mentions minimization procedures, so the Court must have imposed certain rules about how you treat a new “burner” phone ID until such time as you’ve proven it actually is linked to the first one.

What’s interesting, though, is that the Webster report also lumps roving wiretaps in with this. What’s at issue in Nidal Hasan’s case was effectively roving electronic communication; he emailed Awlaki from several different email addresses and one of the problems FBI had was in pulling up Hasan’s communications under both identities (you can see how this relates to the back door loophole). But the inclusion of roving wiretaps here seems to suggest the possibility that a court has used the existing of roving wiretap approval for the use of the phone dragnet to find burner phones (which shouldn’t have been an issue in the Nidal Hasan case but probably was for Abdulmutallab).

One more comment? The notion that identifying an Al Qaeda target is any harder than identifying an IRA-affiliate is utter nonsense. If anything, US-based IRA affiliates were harder to identify because they were completely and utterly socially acceptable. But I guess such myths are important for people advocating more dragnet.

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Crazy Posturing Over Hakimullah Mehsud Drone Killing Drowns Out Key Question: Why Now?

We are awash in analyses of the drone killing on Friday of Hakimullah Mehsud, who was the leader of Pakistan’s Taliban. Declan Walsh in the New York Times captures much of the puzzlement in the DC establishment over why Pakistan is responding not with celebration that Mehsud is dead, but with sharp questions for the US over yet another violation of Pakistani sovereignty. Walsh’s quote from Bill Roggio sums it up perfectly (under a headline of “In Pakistan, Drone Strike Turns a Villain Into a Victim”):

Virtually nobody openly welcomed the demise of Mr. Mehsud, who was responsible for the deaths of thousands of Pakistani civilians. To some American security analysts, the furious reaction was another sign of the perversity and ingratitude that they say have scarred Pakistan’s relationship with the United States.

“It’s another stab in the back,” said Bill Roggio, whose website, the Long War Journal, monitors drone strikes. “Even those of us who watch Pakistan closely don’t know where they stand anymore. It’s such a double game.”

And Christine Fair provided another nuanced take on Mehsud:

Christine Fair, a South Asia expert at Washington DC’s Georgetown University, claimed there was little prospect of the proposed talks achieving anything.

“The Taliban killed 40,000 people. What lunatic thought there would be peace talks,” she said. “The American taxpayer is again taking out Pakistan’s terrorist garbage.”

Not to be outdone, Mike Rogers chimed in on Sunday:

Representative Mike Rogers, who chairs the House of Representatives’ permanent intelligence committee, said the slain militant, Hakimullah Mehsud, was a “bad guy” who was connected to attacks against Pakistani soldiers and to the Taliban in Afghanistan, which has forced closures of many schools for girls.

“This was a bad guy,” Rogers said on CBS’ “Face the Nation.”

“There’s some information recently that concerned us about the safety of our troops. I feel a little better for our troops today than I did before this event happened.”

But all of this bleating about “wrongful mourning” threatens to drown out a very important point. Pakistan’s Interior Minister Chaudhry Nisar Ali Khan held a press conference on Saturday. Dawn provides some coverage of his comments:

Speaking to both local and foreign media today, Nisar said the identity of those killed in the drone strike was irrelevant. “The government of Pakistan does not see this drone attack as an attack on an individual but as an attack on the peace process,” he said.

The interior minister said a three-member committee, comprising of Islamic clerics, was scheduled to leave for a meeting with the Tehrik-i-Taliban Pakistan (TTP) leadership on Saturday morning.

Claiming that TTP leadership including Hakimullah was aware of the meeting, he said he had written and telephonic records of recent correspondence between the government and the militant outfit.

/snip/

Chaudhry Nisar questioned timings of the Hakimullah’s killing by the US asking why he was targeted just a day before the talks. “Can this be called supporting peace initiative?”

Most press accounts of Nisar’s press conference include a reference to Nisar questioning the timing of the strike. But on Twitter yesterday, Arif Rafiq provided more details after reviewing a video of the press conference. It appears that Nisar went on to suggest that US interest in attacking Mehsud was only very recent and that previous opportunities to strike him had been bypassed: Read more

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How Ridiculous is Pakistan’s New Civilian Drone Victim Estimate? Terrorist Okra-Picking Grandma!

On October 24, 2012, Nabila Rehman, who was eight years old at the time, was helping her grandmother pick vegetables in the family’s garden in North Waziristan. Here is her description of what happened next:

[youtuber youtube=’http://www.youtube.com/watch?v=ZDlvGqQ7VUo’]
Remarkably, Pakistan’s government has now indirectly called Nabila’s grandmother, Mamana Bibi, a terrorist. That is because the government has released new figures, radically revising downward their estimate of civilians killed in US drone strikes in Pakistan. They must be calling Bibi a terrorist, because the figures claim that there were zero civilian casualties in 2012. Amnesty International provides many more details (pdf) on the strike that killed Bibi and on another strike in 2012 that killed eighteen civilian workers.

Here is Declan Walsh writing in the New York Times on the new figures from Pakistan:

In a surprise move, Pakistan’s government on Wednesday sharply revised downward its official estimate of civilian casualties caused by American drone strikes in the tribal belt, highlighting again the contentious nature of statistics about the covert C.I.A. campaign.

The Ministry of Defense released figures to lawmakers saying that 67 civilians were among 2,227 people killed in 317 drone strikes since 2008. The remainder of those killed were Islamist militants, the ministry said.

/snip/

Recently, a United Nations special rapporteur on human rights and counterterrorism, Ben Emmerson, said that the Pakistani government had reported at least 400 civilian deaths since the drone campaign started in 2004.

In an email, Mr. Emmerson noted that the revised figures were “strikingly at odds” with those he had been given earlier by the Pakistani Foreign Ministry and said he would be writing to the government seeking clarification.

“It is essential that the government of Pakistan now clarify the true position,” he said.

BBC gives us the directly comparable figures from The Bureau for Investigative Journalism:

The latest figures released by Pakistan differ dramatically from previous estimates, but no explanation was given for the apparent discrepancy.

London’s Bureau of Investigative Journalism, which researches Pakistan drone strikes, told the BBC it estimated based on reports that between 308 and 789 civilians had died since 1 January 2008 (of between 2,371 and 3,433 total deaths).

Since 2008 then, Pakistan has now revised their civilian death toll estimate down to 67 during a period when TBIJ documents a minimum of 308 civilian deaths and as many as 789. Somehow, Pakistan has reclassified several hundred deaths from civilian to terrorist. And among them is Mamana Bibi, who is now a terrorist okra-picking grandmother. [That one hits me especially hard; I have fond memories of my grousing about how itchy the okra plants were when I picked okra with my grandfather in his garden.]

Tom Hussain and Jonathan Landay at McClatchy sum up the response to this announcement by Pakistan: Read more

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Peace Initiative Gains Momentum in Afghanistan Despite Lack of Participation by US

Last week, Pakistan’s Prime Minister Nawaz Sharif visited Washington, DC for a series of meetings. The final press appearance by Sharif and Barack Obama was noted by the New York Times to be somewhat awkward as Sharif paid whispered lip service to Pakistani objections to drone attacks while Obama ignored the topic entirely. The joint appearance was quickly overshadowed by release of an article from Greg Miller and Bob Woodward leaking a number of documents relating to the drone program. Both Marcy and I commented on the release and what it could mean.

The concept of the end of the war in Afghanistan got a bit of a mention in the Times article on Sharif’s visit:

With the United States’ winding down the Afghan war, Mr. Obama reminded Mr. Sharif of the importance of a stable, sovereign Afghanistan. American officials have long been suspicious of links between the Pakistani military and militant groups like the Haqqani network, which has carried out attacks on Westerners in Afghanistan.

For its part, the Sharif government has signaled an interest in negotiating with the Pakistani Taliban, a process that analysts said the United States should encourage.

But heaven forbid that Afghanistan should attempt to talk with Pakistan’s Taliban. Recall that earlier this month, the US snatched a high-ranking figure of the Pakistan Taliban from Afghan security forces as they were bringing him to a meeting. The cover story at the time from Afghanistan was to suggest that they were attempting to start peace talks with Latif Mehsud. An article in yesterday’s New York Times suggests that Afghanistan actually intended to work with Mehsud to develop a sort of alliance with the Pakistan Taliban and to use them as a pressure point against Pakistan’s government. What intrigues me most about this possibility is that Afghanistan claimed that this tactic was merely an imitation of what the US has done repeatedly in Afghanistan:

Another Afghan official said the logic of the region dictated the need for unseemly alliances. The United States, in fact, has relied on some of Afghanistan’s most notorious warlords to fight the insurgency here, the official tartly noted.

“Everyone has an angle,” the official said. “That’s the way we’re thinking. Some people said we needed our own.”

Afghan officials said those people included American military officers and C.I.A. operatives. Frustrated by their limited ability to hit Taliban havens in Pakistan, some Americans suggested that the Afghans find a way to do it, they claimed.

So Afghanistan’s intelligence agency believed it had a green light from the United States when it was approached by Mr. Mehsud sometime in the past year.

Just in case you’ve forgotten, the last time we checked, the most notorious warlord war criminal of them all, Rashid Dostum, was still getting about $100,000 every month from the US while also drawing a salary as Karzai’s Army Chief of Staff. Coupling that with the Petraeus plan of incorporating the worst militias directly into the death squads of the Afghan Local Police while providing them support from the CIA and JSOC, and we can see why Afghanistan would feel that there are zero moral constraints on working with groups having a violent tendency.

But apparently in the Calvinball playing field of Afghanistan, only the US is allowed to make shadowy alliances, and so the US snatched Mehsud away from Afghanistan before any alliance could be formed. But even if we chalk that move up to an honest move to take a noted terrorist out of action, US behavior on other fronts relating to Afghanistan and Pakistan still continue to illustrate that the only US priorities are more military action in Afghanistan and more drone strikes in Pakistan.

Sharif’s next stop after Washington was London. But instead of awkward public appearances, the UK has instead set up meetings for Sharif directly with Hamid Karzai: Read more

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Who Is Behind Latest Iran-Pakistan Border Incident? Who Benefits?

Before diving into Friday night’s border incident where fourteen Iranian border guards were killed and Iran retaliated the next morning by hanging sixteen prisoners already in detention, we need to look back at the important events surrounding other such outbreaks of violence at the Iran-Pakistan border.

On January 1 of 2012, Pakistan detained three Iranian border guards whom they claimed had crossed into Pakistan. Details of the event were sketchy, but Iran claimed the guards were chasing drug smugglers and most of the stories on the event brought up the likely involvement of the group known as Jundallah. Less than two weeks later, a prominent Iranian nuclear scientist was assassinated on January 11. Only two days after that event, the famous “false flag” article by Mark Perry appeared in Foreign Policy, making the remarkable claim that Mossad agents were posing as CIA agents while recruiting members of Jundallah for operations including assassinations.  Marcy had a series of three posts (one, two, three) delving into the many implications surrounding the false flag accusation. Another border incident then happened in late January, where six “Pakistanis” were killed by Iranian border agents, but there was a lot of confusion over just who the victims were, including their nationality.

Here is how Reuters first broke the news Saturday on this latest incident:

Fourteen Iranian border guards were killed and three others captured by “bandits” on the southeastern frontier with Pakistan overnight, Iranian media reported on Saturday.

In response, the Iranian judiciary executed 16 people it said were elements of “terrorist” groups, according to the ISNA news agency. There were no further details of who they were or whether or when they had been tried.

A follow-up story by Dawn from Sunday has more details, with the identity of the attackers unknown (but Jundallah is still mentioned prominently in the article):

It was still unclear whether the attackers were drug smugglers or armed opposition groups.

However, Iran’s Deputy Interior Minister Ali Abdollahi called on the Pakistani government to “take measures to control the border more seriously.”

Pakistan’s charge d’affaires was received at the Iranian foreign ministry to receive an official demand that Islamabad “act firmly with officials and members of terrorist groups who have fled to Pakistani territory,” IRNA reported.

The Dawn article also notes a second, separate border incident on Sunday in which one Pakistani was killed and four others were wounded.

Responsibility for the attack has now been claimed by a group known as Jeish Al-Adl:

A little-known Iranian Sunni group says it carried out the killing of 14 border guards on Friday night.

Jaish al-Adl said the attack was in retaliation for an alleged Iranian “massacre” in Syria and the “cruel treatment” of Sunnis in Iran.

Iran is now saying that they are a subgroup within Jundallah:

14 Iranian border guards were killed and 6 more were injured during the terrorist attack in Saravan border region in Southeastern Iran in the early hours of Saturday morning. The terrorists who have reportedly been members of the outlawed Jeish Al-Adl radical Sunni Wahhabi movement affiliated to the terrorist Jundollah group fled into Pakistan after the operation in Iran’s Southeastern Sistan and Balouchestan province.

It seems quite interesting to me that Iran would point out the “radical Sunni Wahhabi” connection of the group they are blaming. Of course, the primary sponsor of “radical Sunni Wahhabi” teachings is Saudi Arabia through their madrassas. But Iran seems to be dancing around an outright referral to Saudi involvement in this attack, even though it would make sense since we know that Bandar is now very upset both with the US “failure” to launch a strike on the Assad regime in Syria and the US diplomatic push toward Iran. This same Fars News article doesn’t name names, but refers to “two countries” providing financial support and “three countries” providing intelligence and equipment to them: Read more

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