DHS says FBI "possibly funded" Terrorist Group

It was most surprising to come across the following entry at the website for the National Consortium for the Study of Terrorism and Responses for Terrorism (known by the acronym START), which is run by the Department of Homeland Security out of the University of Maryland. According to DHS, START is one of their "centers of excellence," an academic center sponsored by the DHS's Science and Technology Directorate.

The webpage concerns the "Terrorist Organization Profile" for the Secret Army Organization, a right-wing terrorist group in the early 1970s, a group START writes was "possibly funded by the FBI." [You may have to go through a menu and look up SAO by name to get to the appropriate webpage.]

According to START, "The Secret Army Organization (SAO), a right-wing militant group based in San Diego, was active from 1969 to 1972. They targeted individuals and groups who spoke out against the Vietnam War, especially those who organized public demonstrations and distributed anti-war literature."

Indeed, if we could turn the clock back to June 1975, we would read an article in the New York Times, "A.C.L.U. Says F.B.I. Funded 'Army' to Terrorize Antiwar Protesters."

According to the Times, the ACLU compiled a 5,000 page report on the SAO, a group of former Minutemen and other right-wingers and violent home-grown fascists, for the benefit of the Senate Select Committee on Intelligence, "alleging the Federal Bureau of Intelligence recruited a band of right-wing terrorists and supplied them with money and weapons to attack young antiwar demonstrators."

But that's not all, the SAO engaged in bombing and attempted assassination, and guess whose house the weapons turned up in? But I'm getting ahead of myself. Let's let the DHS's "Center of Excellence" inform us of this important episode in our history, which came, by the way, after the FBI claimed they had stopped their Cointelpro program of disruption of the Left.

Assassination Attempt, FBI Agent Hides the Weapon

From START's SAO webpage:

The report also stated that the SAO planned to kidnap and murder protestors of the 1972 Republican National Convention, which was to be held in San Diego before being relocated to Miami Beach. An assassination attempt of Dr. Peter Bohmer, professor at San Diego State University, and Paula Tharp, reporter for the San Diego Street Journal, brought about the arrests of several SAO members who later acknowledge an FBI connection. During the investigation, the gun used in the assassination attempt was found in the home of FBI agent Steven Christiansen, who was subsequently identified as a SAO contact. In 1973, Godfrey, testifying as an FBI informant, claimed he received up to $20,000 in weapons and a $250 per month income from the FBI to recruit new SAO members and provide information to agents. He also testified to the criminal acts of several SAO operatives, including fellow leader Jerry Lynn Davis. Official statements from the FBI claimed no involvement with the SAO, and no agents were prosecuted.

The story of the SAO is a forgotten piece of contemporary history that is directly relevant to a number of current issues, including the prosecution of the bogus "war on terror," and the FBI's role in it; the debates about government participation in and legalization of assassination of its own citizens; and government surveillance of and attacks upon dissent in this country.

It also could be considered a prime example of the historical amnesia that plagues our times, an amnesia hastened by disinterest by the major media, cheered on by government agencies none too interested in accountability for government overreach or even criminality.

Links to the President

According to the Ann Arbor Sun at the time, the ACLU tagged the SAO as "an interagency apparatus organized 'at the direction of Richard M. Nixon.'"

Reportedly the link to Nixon came via Watergate burglar White House "plumbers" operative Donald Segretti, who affidavits claimed had given funds and military hardware to SAO to disrupt the 1972 GOP convention in San Diego. (The convention was subsequently moved to Miami Beach.)

But it was the FBI who seems to have been operationally in charge.

From the Sun: "SAO operative Jerry Lynn Davis, who once participated in the CIA's Bay of Pigs invasion, revealed that [admitted FBI informant Howard Barry] Godfrey had regularly supplied the SAO with money and weapons on behalf of the FBI."

A newspaper office was attacked. A car firebombed. Informants infiltrated, while meetings were monitored. There were plans to poison the punch at antiwar meetings. A theater was bombed. Bulletins were published on "how to make booby traps, how to use ammonium nitrate in high explosives," And then, there was the assassination plot, or rather plots, as the SAO bungled one assassination attempt after another to kill a left-wing professor at San Diego State.

How It Went Down, and the Cover-up

A 1973 article by Richard Popkin at Ramparts described the threats and the attack, when an SAO hitman with a FBI-paid driver tried to kill an American college professor on January 6, 1972, solely because of his political views and activism.

But first, we should realize this was not the first of the assassination plans. An Associated Press article at the time described another failed plot that had yet another FBI informant, Gilbert Romero, and a San Diego undercover cop kidnapping Peter Bohmer and taking him to Tijuana, and setting him up to be killed by Mexican police. The New York Times wrote that the ACLU report included testimony from a FBI informant, John Raspberry, who said in the winter of 1971-72, the FBI approached him to kill Bohmer. For some reason, the attack never took place.

According to Popkin, Godfrey "was assigned to [FBI] agent Steve Christianson, to whom he reported verbally every day, Godfrey was to work on the militant right wing, and was paid two hundred fifty dollars per month by the FBI."

Popkin continued, "Apparently, Godfrey himself was among the more dangerous elements in the SAO, and [FBI] agent Christianson among the more dangerous eminences grises of the operation.... Godfrey admitted that he had driven the car from which another SAO member, George Hoover, had fired into Bohmer's house, wounding Paula Tharp. Subsequently, he had taken the weapon to Christianson, who had hidden it for six months. (This was evidently insufficient grounds for the FBI to take disciplinary action against agent Christianson. He continued as Godfrey's contact until the bombing of the Guild Theatre, at which point he was removed by L. Patrick Gray himself...)"

The START page on SAO commented dryly on the aftermath of the botched assassination. "The SAO became inactive after the assassination case drew much public attention to the group's operations," DHS's Center for Excellence reports. "The testimony of Godfrey against SAO members resulted in prison terms for a significant portion of the San Diego group. Of course, if the SAO was actually FBI-run, the notoriety drawn to the case would have been the impetus to dissolve the group."

No kidding?

Bohmer's Story

I think it's appropriate to give the last words here to Peter Bohmer himself, who survived the attack and while he lost his job at San Diego State, the victim of a witchhunt, went on to join the faculty at Evergreen at Evergreen State College in Washington.

A few words about CoIntelpro before I come back to my story. It is short for counterintelligence program. Cointlepro was/is a program coordinated by the FBI to “expose, disrupt, misdirect, discredit or otherwise neutralize” individuals and groups.... Although Cointelpro officially ended in 1971, it has continued although in a somewhat less extreme form without the name up to September 11th 2001. Since then we are going backwards towards more police powers, infiltration and framing of activists....

Although no group I worked in San Diego planned or carried out any violent actions, and many groups were purely educational; 20 people I knew in these groups turned out to be police or FBI agents or informers, many worked for both. They worked hard to cause divisions among individuals and groups. Some but not all were provocateurs.... the FBI visited my employer, SDSU to get me fired, they visited landlords where I lived to get us evicted. They opened my mail, and monitored my checking accounts. We got anonymous phone calls about people being agents who I am sure weren’t....

FBI sponsored groups did firebombings, slashed tires of my cars, continual death threats, put out a wanted poster on me distributed in San Diego in 1971. The Secret Army Organization or (SAO) a group financed from FBI funds and led by an FBI informant, shot into a collective I lived in with the bullet permanently injuring a member of the collective, Paula Tharp in January 1972.

Howard Barry Godfrey, a well-paid FBI informant and head of the Secret Army Organization (SAO) admitted almost a year later in court to driving the car the night of the shooting but claimed another SAO member did the actual shooting. After the shooting into my house, other FBI agents in San Diego covered up the crime and hid the evidence such as the gun used in the shooting. The head of the FBI in LA, working with SD FBI, at this time was Richard W. Held who has been involved in the cases against many activists and political prisoners such as Judi Bari, Leonard Peltier and Geronimo Pratt.

After the shooting, threats and harassment continued. After the Secret Army Organization began threatening liberals as well as radicals and bombed a pornography theater where some police were present, the San Diego police demanded that the FBI reveal their informants in the SAO and the SAO were arrested in the summer of 1972 on numerous charges. Government lawyers hired by the FBI claimed various privileges such as not having to reveal much of the behavior because of security concerns. The full FBI involvement in this attempted murder didn’t come out although one FBI agent was forced to resign. Godfrey, the FBI informant and provocateur in the Secret Army Organization (SAO) didn’t go to prison although two other members of the SAO did.

Amnesia?

As I read this many thoughts come to mind: about the Occupy protests last year, the monitoring of antiwar and peace groups, arrests of activists at the political conventions, the legitimization of state assassination by President Obama, the consolidation of ever-greater power in the hands of the FBI.

What came to mind for you? Will this important episode from history simply drop back into the abyss of forgotten American memories?

I'd like to know what happened to that ACLU report and what action (if any) the Senate Intelligence Committee took on it. I intend to find out.

Cross-posted from Firedoglake/MyFDL

Did NYPD "Undercover Agent" Try to Suborn Tarek Mehanna into a "Terrorist Plot"?

Many bloggers and the press have reposted Tarek Mehanna's impassioned speech to the court as he was sentenced to 17-1/2 years for supposedly providing "material support" to terrorists. (See here, here, here, and especially the ACLU's Nancy Murray's widely quoted article at the Boston Globe here.) But few have commented on Mehanna's charges that he was set up by an undercover agent to participate in a terrorist plot, and that he refused the agent's overtures.

These are the relevant portions of Mehanna's statement at his sentencing hearing (bold emphases added):

Exactly four years ago this month I was finishing my work shift at a local hospital. As I was walking to my car I was approached by two federal agents. They said that I had a choice to make: I could do things the easy way, or I could do them the hard way. The “easy“ way, as they explained, was that I would become an informant for the government, and if I did so I would never see the inside of a courtroom or a prison cell. As for the hard way, this is it. Here I am, having spent the majority of the four years since then in a solitary cell the size of a small closet, in which I am locked down for 23 hours each day. The FBI and these prosecutors worked very hard — and the government spent millions of tax dollars — to put me in that cell, keep me there, put me on trial, and finally to have me stand here before you today to be sentenced to even more time in a cell....

It was made crystal clear at trial that I never, ever plotted to “kill Americans” at shopping malls or whatever the story was. The government’s own witnesses contradicted this claim, and we put expert after expert up on that stand, who spent hours dissecting my every written word, who explained my beliefs. Further, when I was free, the government sent an undercover agent to prod me into one of their little “terror plots,” but I refused to participate. Mysteriously, however, the jury never heard this.

The Telegram and Gazette described the uproar in the courtroom when Mehanna brought up the accusations regarding the undercover agent's attempt to recruit him into a terrorist plot.

After Mr. Mehanna said the government had sent an undercover agent to prod him into participating in a terror plot — that he refused — Mr. Chakravarty rose to call that “categorically false.” Mr. Mehanna yelled to him that “you’re a liar.”

Two U.S. marshals strode to Mr. Mehanna seated at the defense table in an orange prison jump suit, put a hand on him and spoke to him, but Judge O’Toole did not allow Mr. Chakravarty to continue.

What actually lie behind these accusations, the prosecutor's interruption, and the Judge's subsequent actions? (O'Toole later chided Mehanna for "lack of remorse" and "a quality of defiance.")

The answer can be found in a February 25 posting by Mehanna at the Facebook page, "Free Tarek Mehanna." While one can easily find online the young man's stirring defense of himself in his April 12 sentencing statement, his statement about the attempt to frame him as part of a government-inspired terrorist "plot," has virtually escaped coverage outside of some small blogs concerned with defending Islamic or Palestinian causes and defense (with the one notable exception of Richard Hugus at Boston IndyMedia).

This is not surprising as the widespread use of government undercover agents to gin up the terror threat in the U.S. is not fit matter for the mainstream press, who report these incidents as if they were gospel descended from the heaven populated by covert intelligence agencies. I think Mehanna's accusations merit further investigation, and the way he describes (see below) the way the matter was kept out of court leaves little doubt that there is much to what he says.

In summary, Mehanna claims he was approached by a stranger in late 2005. This individual on numerous occasions tried to get him to "find American soldiers returning from Iraq (whose addresses he supposedly had) and kill them." Mehanna subsequently cut off contact with this person because he would not let up on trying to seduce Mehanna into some kind of crime.

Mehanna wrote that in early summer 2011, his attorney was contacted by an AP reporter who had heard that "two sources within the NYPD had contacted her and confirmed to her that the NYPD had sent an undercover agent up to Boston to 'befriend' me, and try to prod me into carrying out a 'terrorist attack,' and that I had refused to go along (bingo!)." Mehanna's attorneys filed a "motion asking the judge to compel the government to disclose these details so that they could be mentioned at trial." The motion was denied after Judge O'Toole met with prosecutors in a closed hearing (closed to the defense).

Mehanna notes, "A brief mention of the motion and the hearing was made in an August 2th 2011 article in the Boston Globe, written by Milton Valencia. But the article was published before O’Toole had officially denied the motion. This was the only media attention that this incident received." I was not able to verify there was such an article or coverage, as nothing about this comes up on Internet search or at the Boston Globe search engine.

What follows is Mehanna's complete FB post, with only some bolding of certain text added for editorial emphasis:

My arrest and trial had little to do with “terrorism.”

The overwhelming majority of “terrorism” cases in America can fit into a category in which the FBI picks the gullible Muslim youth, sends an undercover agent to “befriend” him, and over a period of time, prod him to agree to carry out some attack. The agreement is recorded on tape. The undercover FBI agent offers the kid weapons, and arrests him as soon as he is about to proceed with the so-called “plot.” While the intended impression is that the Feds swooped in to save the day, the reality is that they “foiled” their own plot. An artificial victory, and this is the formula which you see every other day when you read the news, whose purpose is to compensate for the lack of authentic “terror plots.”

The government attempted this strategy with me, but failed. This has been one of the most underreported aspects of my case, despite it being in the public record. This is what happened:

In late 2005, I was approached by an individual whom I’d never met. Over the course of two years, he attempted to befriend me, and gradually began shifting otherwise mundane conversations to suggesting the need to “do something.” Eventually, this “something” that he was hounding me to “do” emerged as a plan of his to find American soldiers returning from Iraq (whose addresses he supposedly had) and kill them. He would show up at my house uninvited, and always try to steer the conversation in this directions, and I would steer it away and bury it, but he would never give up. Finally, I told this individual to never contact me again.

Two years later, I found myself here in a Plymouth jail awaiting trial on terrorism charges. From day one, I related this to my lawyers, and that I was 100% sure this had been an attempt by the FBI to entrap me in one of their artificial “plots” so that they could have additional firepower in this case. But my lawyers explained that without some acknowledgement from the government, it would be impossible to prove. So we filed numerous motions over the course of the two years before trial requesting exculpatory evidence (i.e., evidence that would be in my favor) from the government regarding this, but they feigned ignorance, and said that they had nothing.

Finally, in the early summer of 2011, my lawyer, Jay Carney, got a call from an Associated Press reporter who said that two sources within the NYPD had contacted her and confirmed to her that the NYPD had sent an undercover agent up to Boston to “befriend” me, and try to prod me into carrying out a “terrorist attack,” and that I had refused to go along (bingo!). Furthermore, these sources in the NYPD told this journalist that when the prosecutors in my case found out about this – the same prosecutors at my trial, Aloke Chakravarty and Jeffrey Auerhahn – they became frantic and called the NYPD to come up to Boston for a meeting, where they admonished them for “interfering” in my case. With this information, my lawyers filed an additional motion asking the judge to compel the government to disclose these details so that they could be mentioned at trial – the logic being that this is a “terrorism” trial, and here was an attempt by the government to actually push me to carry out an act of “terrorism,” and I had refused, and they were trying to cover this up. The motion was filed on July 15th, 2011.

A hearing took place in court on August 3rd, 2011 to discuss this. A number of other motions were discussed first, then at the end, Jay got up to argue this one. He mentioned to the judge tat [sic] we were seeking exculpatory evidence from the government, as they had thus far given us none. And then he mentioned that from the items we sought were details of an attempt by the NYPD to prod me to engage in a domestic attack, which I refused, etc. This was apparently the first the prosecutors knew that we were privy to this, and the surprise was evident on their faces. The judge asked them if they knew anything about this, and Mr. Chakravarty’s response was an ambiguous “we have no information from our office on this, and it is the defendant who should know,” to which Jay stood up again, faced Mr. Chakravarty, and asked: “So you’re willing to say, on record, before the court, that no members of the NYPD came up to Boston at anytime to meet with you to discuss an attempt to prod Tarek Mehanna to engage in an act of terrorism that he refused to go along with?” The prosecutor’s response, verbatim, was: “Well, I didn’t say that either…”

O’Toole said he would wait to rule on the motion, and immediately, the prosecutors requested a private meeting with him in the judge’s chambers. He granted their request. My lawyers stood outside the judge’s door as the prosecutors walked in and protested: “Well, that’s not fair. How are you going to meet with the judge privately about this motion, and we have no idea what is being said?” But the judge met with them for almost 20 minutes. We will never know what was said in that meeting, but the next morning, O’Toole denied our motion, and that was the last anyone had ever heard of it: nothing about this topic was allowed to be mentioned to the jury at trial. Not a single word.

A brief mention of the motion and the hearing was made in an August 2th 2011 article in the Boston Globe, written by Milton Valencia. But the article was published before O’Toole had officially denied the motion. This was the only media attention that this incident received.

Conversely, the baseless “shopping mall plot” received the lion’s share of media attention, and was freely introduced at trial by the government. The progression of this particular story is interesting, and quite telling as to how dishonest the government is:

-October 21st, 2009: I’m introduced to the world as having plotted to gun down shoppers at a local mall.

-10/21/09 to 10/24/11: The two year period before my trial: not a single additional detail is presented about this.

-My trial: Not only was no evidence presented to support this, but the government’s own witnesses admitted that I never participated in any such discussions, and that I in fact spoke against such ideas.

-Closing arguments at trial: The prosecutor backtracks, and says that even if these were not my ideas, that I knew people who had these ideas was enough.

In the end, you’re damned if you do, damned if you don’t. At this point, it should be clear that my trial was about many things, but it was not about “terrorism.”

(To be continued…)

- Tariq Mehanna

One can only assume that Mehanna's story of being approached by undercover operatives and informants, of being "recruited" into government-originated terrorists "plots" is so consistent with other such reports that what we have here is an orchestrated government program (or even, as we see with the NYPD accusations above) competing programs meant to frame-up militant Muslims, radicalized, or even just made angry, about U.S. government policy in the Middle East and Afghanistan. The end result is meant to feed the domestic police and intelligence agencies need for "enemies" and "threats," the better to justify their existence. An added justification could be the government's paranoid need to destroy what it sees as a threat -- in this case Muslim "extremism" or opposition to US aims in the Muslim world -- and it is using COINTELPRO methods to do just that.

I don't doubt that bad or even deranged people exist, people who mean to cause harm to others, or who even have adopted terrorist methods as a means of furthering their cause. This certainly isn't restricted to Muslims (as this Murray article linked above makes clear), nor even to our own time or era. But what is clear is that U.S. government agencies have acted in secrecy and in bad faith, and without any means to hold them to account, we are all Tarek Mehanna, we are all threatened by a government that feels it can use any method it wishes to undermine differing points of view.

EXCLUSIVE: New Documents Claim Intelligence on Bin Laden, al-Qaeda Targets Withheld From Congress' 9/11 Probe

Reposted from Truthout 

Monday 13 June 2011

by: Jeffrey Kaye and Jason Leopold, Truthout | Report

On the tenth anniversary of 9/11, just as he has done in years past, a top military intelligence analyst identified by the US government only as "Iron Man" will hunker down in front of his television and watch a particularly gruesome scene of the carnage left behind on that fateful day.

"Although I try to avoid it, I glimpse a film clip, a scene, of people throwing themselves from a burning tower, people who deserved better protection from their country, from me and the men I worked with, and I hear the sounds of the lobby in the [World Trade Center] on tape," said the man, whose alter ego chosen by the government appears to be paying homage to the Marvel Comics superhero [4]. "To me, the sights and sounds, the smoke of that day are not yet history. They are a knot, a silence, a facial tick, a missing friend in Iraq. They are not history yet."

For many Americans, the emotional reaction to President Barack Obama's announcement last month that a Navy Seal team had killed Osama bin Laden during a raid at his compound in Pakistan was celebratory. But for others, like the mysterious Iron Man, who has spent his career lurking in the shadows, the death of the late al-Qaeda leader is a painful reminder of what could have been avoided had the government heeded numerous early warnings of an impending attack against the very targets terrorists struck on 9/11.

The intelligence failures leading up to the attacks on the World Trade Center and the Pentagon are an issue the media - and lawmakers - put to bed years ago, despite the fact that new information continues to trickle out, undercutting the integrity of the official investigations into who knew what and when.

It was an exclusive story [5] Truthout published May 23 in the wake of Bin Laden's death, focusing on a little-known intelligence unit that was ordered to stop tracking his movements prior to 9/11, and led Iron Man to contact Truthout to share previously undisclosed documents he recently obtained under the Freedom of Information Act (FOIA) [6], which appear to cast further doubt on the official narrative and suggests high-level military and intelligence officials withheld key evidence from Congressional lawmakers probing the attacks.

The materials Iron Man provided to Truthout stand as the most revealing information to surface in years regarding Bin Laden and al-Qaeda's plans to attack the United States.


This is the first page of "Iron Man's" complaint to the Department of Defense Office of Inspector General related to intelligence work he did on Osama Bin Laden and al Qaeda.

Formal Complaint

Five years ago, Iron Man, who requested Truthout conceal his true identity out of concern for his family's privacy, lodged a formal complaint with the Department of Defense's Office of Inspector General after he was accused of improperly handling classified material.
Iron Man filed a FOIA request in September 2006, seeking a declassified copy of the six-page complaint he filed with the inspector general's office. He finally received a copy on April 8, just a few weeks prior to the raid on Bin Laden's compound.

What he revealed in that letter, portions of which were redacted by the government because the information is classified, is the inner workings of an elite intelligence unit he headed at one point: the Asymmetric Threats Division, formed in 1999, and "charged with reporting on asymmetric threats, especially terrorism."

The unit worked with Joint Task Force-Civil Support (JTF-CS), also set up in 1999. According to the Defense Department (DoD), JTF-CS was charged with supporting "terrorist response operations in the continental US" and providing "military assistance to civil authorities."
The Asymmetric Threats Division is referred to as DO5, a branch of the Joint Forces Intelligence Command (JFIC), whose responsibilities included, among other things, vetting human intelligence sources on behalf of the Defense Intelligence Agency (DIA). From 1998 to 2001, Iron Man was working as a counterterrorism/counterintelligence analyst for the Naval Criminal Investigative Service (NCIS), assigned to JFIC.

The JFIC is an elite intelligence unit that falls under the authority of the United States Joint Forces Command (USJFCOM) and "had a direct and assigned purview on international terrorism against the US, to include the operations of al-Qa'ida and the 9/11 attackers."

The JFIC was also responsible for monitoring Bin Laden and other suspected terrorists who resided in Afghanistan between 1998 and 2000 and was charged with constructing likely scenarios that could be carried out by terrorists and possible government responses.

Iron Man noted the "purpose of the letter" he wrote "is to formally complain" to the inspector general that "JFIC, when instructed in or before May 2002 to provide all original material it might have relevant to al-Qa'ida and the 9/11 attacks for a Congressional inquiry, intentionally misinformed the Department of Defense that it had no purview on such matters and no such material."

"JFIC's role" and the DoD's "role, in the pursuit of al-Qa'ida before 9/11 and timely analysis of the targets actually struck by the 9/11 attackers have remained unknown even to senior DoD officials," the letter says.

Moreover, there has never been a public accounting of the work conducted by DO5. But Iron Man's letter provides deep insight into the secret military intelligence group's highly classified activities.

Tracking Terrorists

DO5 was "a fore-runner of current all-source fusion centers," the letter Iron Man wrote says. Individuals assigned to the unit had "a wide mix of skills" in intelligence disciplines, including human and open-source intelligence, signals intelligence and imagery and signature intelligence.

DO5 drafted "numerous original reports ... identifying probable and possible movements and locations of Usama bin Ladin and Mullah Omar," including likely identification of the house where Khalid Sheikh Mohammed allegedly planned the 9/11 attacks.

From 1999 to 2001, the intelligence unit also "conducted imagery analysis of Jalalabad and Qandahar" and other parts of Afghanistan as they were "pulled into a community-wide initiative on al-Qa'ida."

The letter further states, "DO5 was able to 'scoop' [the National Geospatial Intelligence Agency]," an agency which played a crucial role in identifying the compound in Pakistan where Bin Laden had been hiding.

According to US government officials, it was one of Bin Laden's most trusted couriers, whom intelligence operatives identified about five years ago, that led the CIA to pinpoint Bin Laden's Abbottabad compound.

But Iron Man's 2006 letter states that DO5 worked closely with DIA and was instrumental in identifying "a likely financial courier" for al-Qaeda, and one who may have led intelligence officials directly to Bin Laden well before 9/11.

Early Intelligence Pointed to the World Trade Center, Pentagon

In 2002, following his departure to DIA, Iron Man returned to JFIC to teach two classes on asymmetric warfare, and he kept "numerous" slides related to DO5's work on "pre-9/11 briefings."

As Iron Man explained in his letter of complaint to DoD's inspector general, "upon my arrival at DIA, I had these documents e-mailed from JFIC to my DIA account, so that I could use them as references for the asymmetric warfare course I was drafting for DIA, and as references for any future counter-terrorism work I might pursue at DIA."

It appears that the allegation Iron Man mishandled classified material stems from a decision he made to email the briefing slides to his DIA account. Iron Man declined to elaborate about the circumstances of the allegations leveled against him. Still, what he reveals in his carefully worded letter in response to those charges is explosive.

"I kept the original classifications on the slides, as historical documents, although the fact that al-Qa'ida was likely to attack the World Trade Center and the Pentagon was clearly no longer classified." (Emphasis added.)

Iron Man further elaborated on this point by stating that high-level DoD officials held discussions about DO5's intelligence activities between the summer of 2000 and June 2001 revolving around al-Qaeda's interest in striking the Pentagon, the World Trade Center (WTC), and other targets.

In other words, the Bush administration was fully aware the terrorist organization had set its sights on those structures prior to 9/11 and, apparently, government officials failed to act on those warnings.

For example, Iron Man states in his letter that in the summer of 2000, DO5 briefed USJFCOM senior intelligence officials and staffers, including the deputy commander in chief, on the "WMD Threat to the U.S."

Iron Man describes a "sensitive," "oral briefing" that took place that summer "indicating that the World Trade Centers #1 and #2 were the most likely buildings to be attacked [by al-Qaeda], followed closely by the Pentagon. The briefer indicated that the worst case scenario would be one tower collapsed onto another."

Furthermore, as he states in his letter, Iron Man was certain that such a scenario was part of a "red cell analysis" discussion that took place prior to the intelligence briefing and included a finding that the buildings "could be struck by a jetliner." He wrote that there was a suggestion about alerting WTC security and engineering or architectural staff, "but the idea was not further explored because of a command climate discouraging contact with the civilian community."

One official who attended the DO5 briefing was Vice Adm. Martin J. Meyer, the deputy commander in chief (DCINC), USJFCOM (Iron Man's complaint does not identify Meyer by name, but notes the presence of the "DCINC" for USJFCOM). But despite the red flags raised during the briefing, Meyer [7] reportedly told Maj. Gen. Larry Arnold, the commander of the Continental United States NORAD Region (CONR), and other high-level CONR staffers two weeks before the 9/11 attacks that "their concern about Osama bin Laden as a possible threat to America was unfounded and that, to repeat, 'If everyone would just turn off CNN, there wouldn't be a threat from Osama bin Laden.'"

Mayer retired from the Navy in 2003 and was hired [8] by defense contractor Lockheed Martin.

Intelligence Withheld From Congress

Even worse, according to Iron Man's letter, the information DO5 had collected about Bin Laden, al-Qaeda and the lead up to 9/11 was withheld from Congress after the House and Senate Intelligence Committees launched an investigation into the attacks.

"When the Justice Department requested all documents relating to 9/11 from DoD in May 2002, I notified [redacted] in the DIA Congressional Affairs office that I retained these documents," Iron Man's letter states. "I spoke to [redacted] JFIC DI1 [an individual who works in the command administrative staff], who informed me that JFIC had already submitted a response without any documents. I was surprised and disappointed when my successor at DO5 [redacted] notified me of the full JFIC non-response. I notified [redacted] in the Congressional Affairs office, and was told to submit the documents as DIA documents, with an explanatory e-mail. I did so on 29 May 2002, presuming (probably correctly) that the documents might be overlooked, since they originated at JFIC. I forwarded copies to [redacted] (who was departing JFIC that week), (his subordinate), and [redacted] (who was also departing JFIC that week)."

A DoD spokesperson did not respond to requests for comment. Spokespeople for the House and Senate Intelligence Committees also did not respond to calls for comment.

After raising his concerns, Iron Man, who from late 2000 to June 2001 was acting head of DO5, was told by his former boss that JFIC's formal response to Congress' inquiries was that "al-Qaida and the 9/11 attacks had been outside JFIC's purview and that JFIC consequently held no material on those issues," which was a lie.

Iron Man's boss said, "He insisted [to officials who responded to the Congressional inquiries] that such was not the case, but was told this was JFIC's response."

Iron Man wrote that "many people" working at government agencies were knowledgeable about JFIC's "role in preparing original analysis" on al-Qaeda, including officials at the CIA, NCIS, USJFCOM, DIA and NSA, whose names were redacted in the letter he sent to DoD's inspector general.

However, after conducting at least 300 interviews and reviewing hundreds of thousands of pages of documents, the final report issued by the House and Senate Intelligence Committees in December 2002, into "Intelligence Community Activities Before And After The Terrorist Attacks Of September 11, 2001" did not cite any of DO5's work on al-Qaeda or Bin Laden or the fact that the intelligence unit was able to identify the terrorist group's top two targets in the US. The later 2004 9/11 Commission Report did not mention DO5 or JFIC.

Flawed DoD Investigation

Although the inspector general acted on Iron Man's complaint and launched an investigation, the findings of the probe, outlined in a report [9], declassified last year, previously reported by Truthout, was highly flawed and failed to address Iron Man's charges that intelligence was withheld from Congress.

Indeed, it appears the author of the inspector general's report confused Congress' investigation into the 9/11 attacks with the independent National Commission on Terrorist Attacks Upon the United States [10], otherwise known as the 9/11 Commission, created in late 2002 by legislation passed by Congress. The inspector general's report insisted it did not find any "evidence that the Joint Forces Intelligence Command misled Congress by withholding operational information in response to the 9/11 Commission."

But Iron Man's complaint specifically addressed intelligence withheld from Congress' inquiries into the 9/11 attacks, not the independent panel's probe, thereby dismissing an allegation Iron Man had never made.

Iron Man told Truthout the inspector general's final report "was, shall we say, very incorrect, and intentionally did not address the full scope of the [his] complaint. "

The watchdog did not tackle another of Iron Man's explosive claims about DO5 briefings that centered on "numerous examples and suggestions of how [Osama bin Laden] was being hunted by JFIC and could be hunted by the [intelligence community]."
One such briefing held for a "DIA senior intelligence officer on counterterrorism" was entitled "The Search (for Osama bin Laden) - A [commander in chief] Level View," which included "a compendium of imagery of [a] suspected [Bin Laden] house dating from 23 August 1999 until 11 April 2000."

At the briefing, intelligence officials were informed that "eleven special reports" by DO5 had been disseminated in the "Daily Intelligence Summary on [Bin Laden], Taliban leadership, Afghan military movements, UN locations, and the economic status of Afghanistan."
Another briefing for the counterintelligence/counterterrorism chief at NCIS, and about 30 NCIS agents, "clearly stated the JFIC's Asymmetric Threat Division monitored 'worldwide [counterterrorism/counterintelligence] traffic' and routinely prepared 'analytic reports' and 'supplements national agencies with original intelligence on [Bin Laden] and Afghanistan.'"

Congress was kept in the dark about those discussions and was not shown the documents distributed to intelligence officials at the briefings. The inspector general never bothered to find out why. Remarkably, the watchdog stated in its report, "JFIC did not have the mission to track Usama Bin Ladin or predict imminent US targets."

Iron Man told Truthout it was key intelligence withheld from Congress about al-Qaeda and Bin Laden's pre-9/11 activities that also played a part in his decision to file a complaint with the inspector general.

"My concern was not only that the 9/11 commission had not been informed, but the larger Congress, in its larger oversight responsibilities, had also not been informed," he said.

A Heavy Burden

What remains unclear is exactly what took place back in May 2006 that prompted Iron Man's complaint to the inspector general, given that the issues he had raised centered on events that unfolded four years earlier.

The answer to that question can be found in these passages of Iron Man's letter, particularly the last few sentences:

"My motivation for this complaint is multi-faceted," Iron Man wrote. "I do believe that knowledge of the work done by DO5 would add to DoD's understanding of its role in the events leading up to 9/11, and how to avoid future attacks ... I have been falsely accused of revealing classified information on DO5's work, when I am certain that information is not and has not been classified since 9/11, and I do want to see myself cleared of that false accusation.

"In addition, I and the deputy of that team, [redacted], especially carried the burden of knowledge of how close DoD came to bin Ladin and perhaps being able to reduce the number of lives lost on 9/11 ..."

The deputy whose name the government redacted from Iron Man's letter, is believed to be Kirk von Ackermann, a former Air Force captain and intelligence analyst, who was working for the US Army as a contractor in Iraq and disappeared in October 2003 while traveling between Tikrit and Kirkuk. A computer, a briefcase containing $40,000, and other materials were found in von Ackerman's vehicle after he went missing.

Because von Ackerman's name was classified in the complaint Iron Man filed with the inspector general, he could not confirm whether von Ackerman is the individual he was referring to.

Just three months after Iron Man filed his complaint with DoD's inspector general, in August 2006, the Army Criminal Investigative Service concluded that von Ackerman had been kidnapped and killed. His remains have never been found nor has anyone claimed responsibility for his death.

Von Ackerman's tragic story [11] has been previously reported by journalist-blogger Susie Dow on the web site e Pluribus Media, but has largely remained under the radar. In a May 6 article she published on her personal blog, Dow identified von Ackermann as a member of JFIC's Asymmetric Threats Division. Iron Man's complaint suggests he ultimately became deputy chief of DO5.

In October 2006, Dow wrote [12] that von Ackermann was "assigned to a counterterrorism team."

"You'll find no mention of either Kirk von Ackermann or his team in the 9-11 Commission report.... Well before 9-11, Kirk von Ackermann predicted aircraft could be hijacked and used as weapons against the United States. He also predicted potential targets."

Von Ackerman's wife, Megan von Ackerman, has maintained a blog called "Missing in Iraq [13]," dedicated to her missing husband. In March 2006, she wrote that her husband had planned for such a catastrophic event, but his warnings were ignored:

"... When 9/11 happened everyone around us reacted as normal, civilians would - shock, horror, fear ... but Kirk, isolated from the intelligence and military community of people who knew what he knew, felt what he felt, was essentially alone," Megan von Ackerman wrote. "For a year he had spent his days imagining just this sort of scenario. He had come up with countless plans, evaluated targets, totaled up casualties and estimated political value. He had thought like a terrorist so he could stop them. Now he had to watch it made horribly real - the nightmare he had worked so hard to avoid ... Kirk had tried to make the warning, he had worked endless hours to stop this very thing happening. He knew he had no guilt that he had been ignored. But he retained an enormous sense of responsibility - not only for what happened, but for dealing with the new world that 9/11 ushered in."

Knowing exactly how close he, von Ackerman and DO5 came to capturing Bin Laden and possibly thwarting the attacks on 9/11 is a "burden" Iron Man said he "no longer wants to carry."

"[Redacted] and I discussed this issue the last time we spoke," Iron Man wrote in the final paragraph of his letter to the inspector general, likely referring to von Ackerman. "He remains the longest missing man in Iraq in this war, and I want, one day, to be able to explain to his children what their father foresaw."

[14]

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License [14].

---

Source URL: http://www.truth-out.org/new-documents-claim-intelligence-bin-laden-al-qaeda-targets-withheld-congress-911-probe/1307986777

Links:
[1] http://www.truth-out.org/print/3051
[2] http://www.truth-out.org/printmail/3051
[3] http://www.flickr.com/photos/82947612@N00
[4] http://en.wikipedia.org/wiki/Iron_Man
[5] http://www.truthout.org/report-intelligence-unit-told-911-stop-tracking-bin-laden/1306159803
[6] http://truth-out.org/files/inspector-general-complaint-911-iron-man.pdf
[7] http://www.historycommons.org/entity.jsp?entity=martin_mayer_1
[8] http://www.lockheedmartin.com/news/press_releases/2003/LockheedMartinNamesMartinJMayerVice.html
[9] http://www.truth-out.org/report-intelligence-unit-told-911-stop-tracking-bin-laden/1306159803
[10] http://www.9-11commission.gov/
[11] http://www.epluribusmedia.org/features/2006/20060512_missingman_p1.html
[12] http://missingman.blogspot.com/2006/10/counter-terrorism-and-kirk-von.html
[13] http://missinginiraq.blogspot.com/2006/03/getting-to-iraq-part-three-911.html
[14] http://creativecommons.org/licenses/by-nc/3.0/us/
[15] http://twitter.com/share
[16] http://www.truth-out.org/jeffrey-kaye-and-jason-leopold/1307986666
[17] http://org2.democracyinaction.org/o/6694/p/salsa/web/common/public/signup?signup_page_KEY=2160
[18] https://members.truth-out.org/donate

Most Unreported Story: FBI Involvement in 1993 WTC Bombing

The most under-reported story regarding terrorism in our time: an FBI informant on tape tells his FBI handler how he, as an informant buried inside Ramzi Yousef's terror cell on the 1993 World Trade Center bombing -- indeed, the informer/FBI asset, Emad A. Salem, a former Egyptian intelligence agent, was bodyguard to the Blind Sheikh Omar Abdel-Rahman -- was involved in the building of the bomb, and is upset he was pulled out before he could make the bomb non-explosive, as part of a sting of the terrorists.

Then Judge Michael Mukasey (later GWB attorney general) tried to keep the tapes secret, but some were linked to the New York Times.


Too crazy to be believed? Then read these NY Times articles from 1993:

Tapes in Bombing Plot Show Informer and F.B.I. at Odds (10/27/93)

Tapes Depict Proposal to Thwart Bomb Used in Trade Center Blast (10/28/93)

VIDEO: TSA Out of Control - "The everyday people are now the terrorists... This is bullshit"

If you can't see the video above, click here.

There's a definite feeling of mass protest filling the air around the new full-body scanners and "enhanced" pat-downs (i.e., molestations) at U.S. airports. Many feel it is the means to soften up the population for mass police state procedures. They should be rescinded by the government, who is using "terrorism" hysteria to further hoodwink and control the populace.

Pilots unions are starting to boycott the scanners, while Reddit users have formed a grass-roots site, Fly with Dignity, which is providing information on which airports have the back-scatter scanners, and is attempting to form actions to oppose this new policy.

Do Americans, who have shown a lackluster attitude, to say the least, about confronting their government on human rights abuses, such as torture, have the balls to stand up against being multiply X-rayed and having their children groped by government agents at airports? I don't know, but I hope so. Telling people they have to be sexually molested for their safety is the height of Orwellian madness.

Constitution Project Releases Statement Opposing the Terrorist Expatriation Act

The following is a press release from the Constitution Project. View it online here.

Legislation introduced by Senators Lieberman and Brown raises serious constitutional concerns

FOR IMMEDIATE RELEASE: May 20, 2010
CONTACT: Matthew Allee, (202) 580-6922 or mallee@constitutionproject.org

WASHINGTON - Today, the Constitution Project's bipartisan Liberty and Security Committee released a Statement Opposing the Terrorist Expatriation Act, in response to legislation introduced by Senators Joseph Lieberman (I-CT) and Scott Brown (R-MA) and Representatives Jason Altmire (D-PA) and Charlie Dent (R-PA), shortly after the failed bombing attempt in New York's Times Square. The Statement explains the serious constitutional problems raised by this bill and ultimately urges Congress to reject this proposal. In particular, the 29 members of the Committee joining the Statement point out that citizenship is a fundamental constitutional right that cannot be taken away unless it was unlawfully obtained or voluntarily renounced.

The Statement Opposing the Terrorist Expatriation Act states, in part:

"The Terrorist Expatriation Act raises several serious constitutional concerns. Moreover, there is no need for such a law. Whether they are American citizens or not, terrorism suspects can and should be prosecuted in court to the full extent of the law. Congress should reject such expatriation proposals as being both unnecessary and dangerous; unnecessary because existing laws already provide more than adequate penalties for U.S. citizens who engage in acts of terrorism; dangerous because such proposals would forever dilute one of our most fundamental constitutional rights."

"This legislation is not only unneeded for our counter-terrorism efforts, but it seeks to strip Americans of a most fundamental right--that of being a United States citizen," said William H. Taft, IV, legal advisor for the U.S. State Department during the George W. Bush administration and Deputy Secretary of Defense during the Reagan administration, and member of the Project's Liberty and Security Committee. "Sadly, although cloaked in patriotism, this legislative proposal is actually ugly demagoguery that should be rejected by Congress. Our law already provides harsh punishment for U.S. citizens who commit terrorist acts."

The Project's Liberty and Security Committee is made up of policy experts who represent the full political spectrum, including former members of Congress, former government, intelligence and military officials, academics and advocates. These members came together to express their concerns that Congress cannot and should not seek to strip protected constitutional rights. In addition, members point out that by incorporating existing laws on material support for terrorism, the bill also incorporates the constitutional flaws plaguing those laws. In particular, the material support statutes raise serious due process and First Amendment concerns.

"The Supreme Court has long recognized that the constitutional right of citizenship cannot be taken away unless a person obtained it illegally or voluntarily renounced American citizenship," said Sharon Bradford Franklin, Constitution Project Senior Counsel. "The Terrorist Expatriation Act is a distressing example of legislation based on fear and anger rather than smart counter-terrorism strategies. We call on Congress to reject this bill."

The Constitution Project's Liberty and Security Committee has put forth recommendations on a wide range of national security related issues, including the use of terrorist watch lists and immigration detention. Closely related to today's release, last fall the Committee issued a report on Reforming the Material Support Laws: Constitutional Concerns Presented by Prohibitions on Material Support to "Terrorist Organizations." That report explained how existing laws prohibiting material support sweep so broadly as to chill protected First Amendment rights of free speech and association.

To view the Statement Opposing the Terrorist Expatriation Act in full, go to:
http://www.constitutionproject.org/manage/file/402.pdf

To view Reforming Material Support Laws: Constitutional Concerns Presented by Prohibitions on Material Support to "Terrorist Organizations," go to:
http://www.constitutionproject.org/manage/file/355.pdf

To view other reports and statements of the Liberty and Security Committee, go to:
http://www.constitutionproject.org/medialist.asp?cid=303

Gladio: A Conspiracy So Large, It's Time You Learned About It

I am pleased to link here the 1992 three-part BBC documentary by Alan Francovich, Gladio. Utilizing interviews from the many European and American principals involved, the documentary relates the story of the biggest "conspiracy" of our time (are you listening, Cass Sunstein?) -- the existence of a covert terrorist network maintained throughout Europe by NATO, which utilized terrorism in an effort to discredit the political left.

These "stay-behind" networks originally were built up by recruiting fascists from the countries the U.S. and Britain occupied, meant to be a bulwark against a possible and feared Soviet invasion after World War II. When the invasion never occurred, the networks were not dismantled, but took on a different mission: to keep the left from gaining power in any of these states, from Sweden and Belgium to France, Switzerland, Italy, Greece, Turkey and elsewhere.

The existence of secret "stay-behind" armies and groups, known today by the Italian name, Gladio, caused a sensation in the early 1990s, when they were revealed by then-Italian Prime Minister Giulio Andreotti. Since then, Gladio-like operations, supposedly ran by the CIA and to some extent the British MI6, have been linked to a number of terrorist attacks, assassinations, and right-wing coups in Europe, e.g., the Bologna train station bombing in 1980, the 1967 generals coup in Greece, etc.

The sensationalistic charges have fed a number of conspiracy theories, particularly those around the existence of "false flag" government operations. Some have indicated they see the 9/11 attacks in this light, though I can't say I have the kind of evidence to make such an assertion. But one can understand how any individual might come to seriously mistrust the U.S. government after learning of the Gladio history, which is extensive and well-documented.

Among other canards the Gladio story can put to rest is the silly belief that no large scale conspiracies can exist, at least in a so-called open, democratic society such as ours. And yet, Gladio proves that is not true. In fact, since the revelations of the early 1990s, there has been practically no discussion of this crucial aspect of contemporary history by U.S. historians or policy makers. The existence of this huge conspiracy and intervention against sovereign European states is almost never even referred to by the vast majority of political commentators, left or right, in the United States. I don't see how anyone can intelligently discuss modern European politics without understanding the Gladio revelations and the fallout from them in the various European countries.

More Documentation on Gladio

The first academic examination of Gladio was published in 2005 by Swiss historian Daniele Ganser. Mr. Ganser is currently a Senior Researcher at the Center for Security Studies at the Federal Institute of Technology in Zurich, Switzerland. His book, NATO's Secret Armies: Operation Gladio and Terrorism in Western Europe, is available at last at not too outrageous a price at Amazon, and likely other book outlets.

(Caveat emptor! The paperback version was said to be unavailable, leaving only the $190 hardback edition! However, there is a Kindle version available for under $40. And moreover, clicking on a link on the latter page brings me to another Amazon page that lists the paperback as available, with new and used copies from $41 on down.)

Another excellent book that delivers a good deal of research on Gladio comes from British journalist Philip Willan, who writes for the UK Guardian and other papers: Puppetmasters: The Political Use of Terrorism in Italy.

I can't say that I have mastered the above material. Nor am I sure how exactly this aspect of American and European history is being played out even now. I do know that it much too large a story, with way too many ramifications to be ignored. In fact, from a historian's standpoint, or that of any commentator on the events of the past fifty or sixty years, it appears that many of the assumptions about the world we live in are seriously called into question.

At the end of this posting are some links to other online sites of interest, as we begin to assimilate this gigantic story, one which until recently, has been kept from the American people -- outside of small websites, chat rooms, or in the comments of blog readers who get labeled as "conspiracy nuts." Some of the latter are intemperate and have not really examined the proof for many of their statements. But Gladio is not one of those instances. It is a true conspiracy, by men and women at the highest levels of our society. It was kept secret for decades. By indifference and neglect, it is kept out of public consciousness even now.

Part One - ="The Ringmasters"



Part Two - "The Puppeteers"



Part Three - "The Foot Soldiers"



The Wikipedia entry on Gladio. Not bad, with lots of links.

Selections from Ganser's book

An article on Gladio by Arthur Rowse, formerly at the Washington Post and U.S. News and World Report.

Dr. John Prados, Senior Fellow at The National Security Archive, and who wrote the forward for Ganser's book, discusses Gladio in his book on William Colby, which one can read in part at Google Books.

The ongoing ramifications of Gladio in Turkey, where the "stay-behinds" or embedded secret organization (take your pick) is called Ergenekon.

US 'supported anti-left terror in Italy'
Report claims Washington used a strategy of tension in the cold war to stabilise the centre-right
Philip Willan, UK Guardian, 24 June 2000, page 19

Marcy Wheeler & David Frakt on Torture & the 9/11 Prosecutions

Marcy Wheeler, aka emptywheel, has an important post up today. She has solicited the opinions of Lt. Col. David Frakt on the issues behind the Attorney General Eric Holder's decision to try Khalid Shiekh Mohammed and four other 9/11 defendants in a New York federal court, and other prisoners in the newly reconstituted military commissions. Frakt was the military attorney for teenaged Guanatanamo prisoner Mohammed Jawad.

Marcy, and key commenter-contributor at her blog, Mary, and others, had been wondering if the decision to move KSM and the others to federal courts wasn't in part due to the fact they could charge the 9/11 prisoners with "material support to terrorism" charges, making it easier to convict them, as such charges have been "used to give wide leeway to prosecutors to charge those for whom intent to commit terrorism may not be easy to prove."

There's much to read and ponder at Marcy's post. I found the discussion of the bogus "laws of war" charges actually brought in the military commissions cases to be very interesting. But in this post of mine today, I'm going to pull from Marcy's blog a portion of Lt. Col. Frakt's comments, which Marcy found particularly important, concerning how the issue of torture was handled by the judge in the military commissions case concerning Mohammed Jawad:

I had another couple of thoughts about why the 9/11 case was transferred to federal court, aside from purely political considerations. The Judge in the case, Colonel Stephen Henley, had made a couple of rulings in the Jawad case (my case) which made the government very nervous. First, he ruled in response to a motion to dismiss that I filed on the basis of torture that he “beyond peradventure” had the power to dismiss all charges on the basis of pretrial abuse of the detainee. Although he declined to dismiss the charges against Jawad, the fact that he would even entertain such a thought was very frightening for the prosecution, since they knew that other detainees had been tortured and abused far worse that Jawad, especially the high value detainees. Judge Henley also indicated that he was declining to dismiss because there were other remedies available, such as giving extra sentencing credit against any ultimately adjudged sentence. Assuming that KSM and his brethren were to get the death penalty, the only remedy for their prior abuse would be to commute the death penalty, the government’s worse nightmare. Also, in response to multiple motions to suppress statements that I filed, he had ruled not only that Jawad’s initial confession was obtained by torture, but that all subsequent confessions were presumptively tainted by the earlier tortured confession. He held that the burden was on the prosecution to prove that subsequently obtained statements were no longer tainted by the earlier torture or coercion. Judge Henley applied the law correctly in each of these rulings, applying well-settled principles of due process from U.S. Supreme Court cases. These rulings provide an opportunity for the defense to put the U.S.’ treatment of these detainees on trial, potentially for months, before ever getting to the merits of the case. And in order for the defense to make comprehensive motions, they would have to be made privy to the full scope of the abuses that had been meted out by the U.S. on their clients and should be given the opportunity to develop such evidence in pre-trial evidentiary hearings, as I did in Mohammed Jawad’s case, including allowing the defendants to testify about the abuses they experienced. Those who claim that this type of sideshow can be avoided in federal court simply don’t understand criminal procedure. The real question will be whether the 9/11 defendants authorize their counsel to make such motions or whether they will continue to seek martyrdom and forgo the opportunity to fully litigate the torture issues. [my emphasis (i.e., emphasis by Marcy Wheeler)]

I would be curious, given Lt. Col. Frakt's suggestion that Judge Henley has provided that "pretrial abuse" is actionable and worthy of remedy, why this was not ruled to be the case in the Jose Padilla proceedings.

US District Court Judge Marcia Cooke, of the U.S. District Court, Southern District, Miami, in an ruling in April 2007 (made without a hearing) rejected Padilla's attorneys' motion for dismissal of Padilla's case due to "outrageous government conduct". That conduct included torture through isolation, profound sensory deprivation, sleep deprivation, use of stress positions, use of drugs, and other indignities. Padilla had been held since June 2002 at the Naval Consoldidated Brig in Charleston, South Carolina as an "enemy combatant". Original charges of constructing a "dirty bomb" had been dropped.

In Judge Cooke's ruling, she accepted "for the sake of this Order" Padilla's claims of mistreatment to be true, but the abuse supposedly did not amount to sufficient outrageous conduct to throw the case out of court. Why? Because the government claimed it would not use any evidence obtained from interrogations while Padilla was in the brig, i.e., from the time when he was tortured. Therefore, legally, Padilla supposedly has no "remedy" against the government.

It will be interesting to see how events unfold in the KSM et al. trial. I hope Lt. Col. Frakt will turn out to be correct, regarding his assumption the government has a lot to risk re bringing out in court the torture issue.

Meanwhile, I thank Marcy/Emptywheel for her excellent reporting, and Lt. Col. Frakt for his standing up for what is right, and fighting this all-important good fight. (If you haven't yet, do spend some time reading Frakt's closing arguments in the Jawad case. Many consider them among the most powerful words yet spoken on the injustice of the Bush/Cheney/Rumsfeld-initiated military commissions system, a system that continues in only slightly modified form in the Obama years.)

U.S. Arms Attack: Oppose Israeli War Crimes Against Gaza

Much of the world has shuddered in revulsion and protested loudly Israel's "all-out" air assault against Hamas in the teeming, crowded ghetto mini-state that is Gaza. Hundreds have been killed in the bombings, and over a thousand injured -- mostly women and children -- and the attack continues.

In the United States, the protest is muted, as U.S. politicians tout the "special relationship" of the U.S. with Israel. Using new U.S.-supplied "smart" bunker-buster bombs -- the GPS-guided GBU-39 missile, manufactured by Boeing and Lockheed Martin -- the Israelis have spent months planning the attack, which in its disproportionate "response" to crude missiles that Hamas forces have sent into Israel, constitutes a "war crime."

The GBU-39, whose 250-lb. size is touted "the next evolution of miniature munition weapons development," has already been deployed in Iraq by the U.S. Air Force. Last September, Congress authorized the sale of 1000 of these missiles to Israel.

Daily Kos readers, who have been subjected to weeks of banner advertising by the Aerospace Industries Association, should question the feasibility at this point of allowing this advertising to continue, as AIA is implicated in promoting just the kind of bombs (called SDBs, or Small Diameter Bombs) as the Israelis are using, i.e., the GBU-39 mentioned just above.

AIA describes itself as "implementing solutions to industry-wide issues related to national and homeland security, civil aviation, and space," and "the premier organization representing the U.S. aerospace, defense, and homeland security industry and its collective interests." Behind these high-sounding words lies the reality of their product, in the dead and mangled bodies of men, women and children in the ruins of Gaza.

From AIA's newsletter, The Supplier's Voice, May 2004 (alternate non-PDF link):

The U.S. Air Force recently selected AIA Associate Member Marotta Controls as part of The Boeing Company team for continued development of the Small Diameter Bomb (SDB) system for manned and unmanned aircraft....

The Small Diameter Bomb, 70 inches long and 7.5 inches wide, allows for an increased weapons load on each aircraft.

War Crimes and Deadly Cynical politics

Calling the Israeli attack a war crime is not just my opinion. That's the conclusion of Richard Falk, the special investigator for the UN High Commission for Refugees regarding Israeli actions in the Palestinian Territories. Falk, who is also professor emeritus of international law and practice at Princeton University, cites the Israelis' disproportionate military response, in this instance, and the targeting of the civilian population via the doctrine of collective responsibility viz. the population of Gaza for the rockets fired into Israel. The rockets have killed approximately a dozen Israelis over the last six years.

But this vicious shock-and-awe attack was not meant for retribution against "terrorists." As Tariq Ali pointed out in the Guardian:

The assault on Gaza, planned over six months and executed with perfect timing, was designed largely, as Neve Gordon has rightly observed, to help the incumbent parties triumph in the forthcoming Israeli elections. The dead Palestinians are little more than election fodder in a cynical contest between the right and the far right in Israel. Washington and its EU allies, perfectly aware that Gaza was about to be assaulted, as in the case of Lebanon in 2006, sit back and watch....

The moth-eaten Mubarak dictatorship in Egypt and Nato's favourite Islamists in Ankara failed to register even a symbolic protest by recalling their ambassadors from Israel. China and Russia did not convene a meeting of the UN security council to discuss the crisis.

Of course, it matters little to U.S. leaders and opinion makers that Hamas was democratically elected to their positions in Hamas, that they have been the inheritors of a situation in the Middle East where Palestinians have been increasingly marginalized and pushed off lands, squeezed into bantustans with the economic choke hold points held by Jerusalem. The recent Israeli blockade of Gaza was a humanitarian disaster:

...the bombs dropped on Gaza are only a variation in Israel's method of killing Palestinians. In recent months they died mostly silent deaths, the elderly and sick especially, deprived of food, cancer treatments and other medicines by an Israeli blockade that targeted 1.5 million people -- mostly refugees and children -- caged into the Gaza Strip. The orders of Ehud Barak, the Israeli defense minister, to hold back medicine were just as lethal and illegal as those to send in the airplanes.

"Terrorism" and Repression

As Tariq Ali put it, "Western enthusiasm for democracy stops when those opposed to its policies are elected to office." Instead, the Israeli government labels Hamas terrorists, and declares anyone harboring them will suffer their fate.

Long ago, the Zionists who sought a homeland in Palestine, chased out of Europe by genocidal anti-semitism, were themselves branded terrorists by the Western powers, most infamously the Irgun, one of whose leaders, Menachem Begin, became a Prime Minister of Israel, despite his involvement in the 1946 terrorist bombing of Jerusalem's King David hotel, killing almost 100 people. But then, "terrorist" is really an epithet used to denounce your opponent and declare them outside the pale of ordinary treatment, whether that be the laws of war, or civilized codes regarding the treatment of prisoners or civilians in the zones of conflict.

The following is a good example of the sinister use of the word "terrorist," and just the kind of treatment Gaza civilians are getting. From the Jerusalem Post:

Sunday, Military Intelligence's Psychological Warfare Department broke into radio broadcasts in Gaza and warned Palestinian civilians not to cooperate with Hamas terrorist activity.

Palestinians reported that they received phone calls to their cellular phones and landlines from the IDF. The phone call, the Palestinians said, conveyed a recorded message ordering the immediate evacuation of homes that were next to Hamas infrastructure or being used by the terrorist organization.

On Sunday, head of the Gaza Coordination and Liaison Administration Col. Moshe Levy was interviewed by several Arab news outlets during which he stressed that Israel was not against the Palestinian public in Gaza but was operating against Hamas.

Defense officials said Sunday that Israel would, however, not hesitate to target the homes of civilians who protected Hamas terrorists throughout the operation.

"We will go after every Hamas operative, no matter where he is," one official said. "We urge the Palestinians not to cooperate with terrorists."

If memory were to be invoked, was it not the doctrine of collective punishment and the epithet terrorist thrown at the citizens of the Czech village of Lidice, many of them children, brutally massacred, some shot, some gassed, for their "collective responsibility" for the "terrorist" attack that resulted in the death of Reinhard Heydrich, chief of the Reich Security Main Office (which included the Gestapo and SD)? Whether the comparison be with Lidice or with the Nazi assault on the Warsaw Ghetto, the cynical and calculated attack by the Zionist state resembles those two in its viciousness. Some of the Israeli press have responded with condemnation, but in the U.S., it's business as usual: silence, tsk-tsking, and the ring of cash registers in the midnight plants of war armament factories.

A World System in Chaos
The Israeli government, along with the various Arab regimes, have used the Palestinian people as a political football for decades, while thousands of Palestinians have been dispossessed, or languish in refugee camps that date back decades. The Palestinian leadership has not done well by its own people, either, engaging in internecine warfare that has left it either increasingly politically isolated with little program for a road forward (Hamas), or nothing but a shill for U.S./EU interests (the rump of the PLO).

It was the tragedy of the Palestinian leadership to seek a nationalist alliance in a world where it could not find a powerful enough bloc partner to ensure its claims of statehood. The Palestinians are not the only nation to fail to achieve its own state, or be held in occupation for decades. Just ask the Turkish Kurds, or the Chechens, or the Sikhs, or a hundred other oppressed peoples; nor should we forget those historically defeated nations, banished to reservations, refugee camps, or outright exterminated by disease and "superior" firepower. The vaunted "most powerful nation in the world," we should not forget, was built up out of a war of extermination and isolation of its native tribes, and the sweat and life's blood of generations of black slaves.

Humankind is at a crossroads in its history. Will it continue to operate as a barbaric chaos of nation states, with prejudices, wars, sectarian massacres, while the big imperialist powers make billions off the guns, bombs, shells, rockets and mines with which they ply the various warring states? Or will human beings find their way forward to an organization of society that transcends current injustices?

These questions project far into the future, beyond the lifespans of anyone reading this. In the meantime, it is essential that we stand up to denounce crimes such as Israel's bombing attack on Gaza. There should be an immediate cease-fire. U.S. citizens should call for their government to stop sending arms and money to the Zionist state. And the appropriate international institutions and courts should consider war crimes charges against the leaders of Israel.

Of course, this is just as likely as the same thing happening to the leaders of the U.S., who have killed thousands of times more innocent civilians in their varied imperialist adventures, from Vietnam to Iraq.

I'll close with a story on the human cost of the Israeli attack published in today's Guardian:

An Israeli bomb struck the refugee camp's Imad Aqil mosque around midnight, destroying the building and collapsing several shops and a pharmacy nearby. The force of the blast was so massive it also brought down the Balousha family's house, which yesterday lay in ruins. The seven eldest girls were asleep together on mattresses in one bedroom and they bore the brunt of the explosion. Five were killed where they lay: Tahrir, 17, Ikram 15, Samer, 13, Dina, eight and Jawahar, four....

... Anwar, 40, sat in another house where a mourning tent had been set up. He was pale and still suffering from serious injuries to his head, his shoulder and his hands. But like many other patients in Gaza he had been made to leave an overcrowded hospital to make way for the dying. Yesterday his house was a pile of rubble: collapsed walls and the occasional piece of furniture exposed to the sky. He spoke bitterly of his daughters' deaths. "We are civilians. I don't belong to any faction, I don't support Fatah or Hamas, I'm just a Palestinian. They are punishing us all, civilians and militants. What is the guilt of the civilian?" Like many men in Gaza, Anwar has no job, and like all in the camp he relies on food handouts from the UN and other charity support to survive.

"If the dead here were Israelis, you would see the whole world condemning and responding. But why is no one condemning this action? Aren't we human beings?" he said. "We are living in our land, we didn't take it from the Israelis. We are fighting for our rights. One day we will get them back."

For a list of links to humanitarian groups trying to aid the suffering in Gaza, click here to go to a diary by droogie6655321 at Daily Kos.

On Ayers, Obama and "Terrorism"

Meteor Blades has an interesting post up over at Daily Kos. He describes his previous association with David Gilbert, who, like Bill Ayers, was a member of the Weather Underground approximately 40 years ago. MB makes the obvious point:

As others have observed, palling around with terrorists has a long and sordid history in America. Just take the six decades I’ve been alive. Venerated Senators and Representatives made common cause with the Ku Klux Klan and their ilk, whose murders were the ultimate backstop for maintaining American apartheid. That system, you may recall, rested on ruthless white rule over the portion of the United States which allegedly lost the Civil War. It reinstituted slavery in a visible but widely ignored form, and for 90 years it destroyed every civil right of African-Americans, enforcing this with terror, including lynchings and other murders.

Fast forward to Henry Kissinger, the architect of raining terror on Cambodia, a policy that led to tens of thousands of dead civilians and contributed to the ascendance of the previously minuscule Khmer Rouge. Their astounding butchery and terrorism against their own people was not enough to persuade the United States to stop supporting them in their effort to keep control of Cambodia’s U.N. seat after their cross-border aggression was defeated, government overthrown and genocide stopped by Vietnam. Not to mention Kissinger’s role in Indonesia and Chile.

Please note that war criminal and terrorist Kissinger is also an honorary co-chair of McCain's campaign, although because he is a member of the U.S. elite, that connection is not seen as nefarious by the establishment press and its blogger tail.

Meteor Blades goes on to mention other atrocious criminals in American government who better deserve the terrorist label than Bill Ayers, a former WU member involved in some symbolic bombings who later became a local liberal-radical activist along more traditional lines, and hence came into contact with Barack Obama. Ayers never thoroughly renounced his WU past. Why?

To answer that question, I reproduce here my comment over at MB's Daily Kos post, as it is relevant to both the question of "terrorism" in general, and on the meaning of attacking Ayers and linking him to liberal presidential candidate Barack Obama, more specifically. I've added a few links to my comment, for the benefit of my readers:

The modern left begins with the fight among the Russsian social democrats as to whether they should support the terrorist tactics of the Narodniks, who were fighting in the latter 19th century to overthrow the czar.

Although few know it, the faction that would later call themselves the Communists opposed terrorism as a tactic, as it tended to bring strong oppressive reaction while at the same time sending a message to the people at large that they did not have to engage in political struggle, leaving such struggle to a heroic elite. Hence, at a time of greater oppression, the masses of people were disarmed by non-involvement in political struggle.

However, the early left made a distinction between the terror tactics of left -- the actions ostensibly to support an oppressed people, or to oppose imperial power - and the terror tactics of the government or the right, which were meant to silence the left, or to further seal state or right-wing power against the workers, farmers/peasants, and lower middle-classes.

The Weather Underground members had lost faith in a working class, classic-style revolution. They also believed that the bulk of the middle class was bought off by the excess wealth generated by the exploitation of the "third world". Hence, despairing of any other way, they sought terror as a method of "sparking" resistance, which they hoped would begin among the most impoverished sections of U.S. society, e.g., poor black Americans, native Americans, etc. In this, they were supported by agents provocateurs working for the government, as an perusal of the subject of "Cointelpro" or the Church Committee hearings in Congress will demonstrate to anyone so interested.

The attacks against Obama on the Ayers issue represent, in part, a continuing struggle over the meaning of the Southeast Asian colonial wars, in which the United States butchered over a million people, and tortured tens of thousands. As Meteor Blades makes so very clear, the really hardcore terrorists were Kissinger, MacNamara, Johnson, Nixon, and so many more (including Alexander Haig, a McCain supporter).

On one hand, the purported Ayers-Obama link is just plain silly, as there's really nothing to it. But the politics behind it is very real. Ayers and other radical supporters of the antiwar movement were no criminals: they were trying to stop a massive crime being committed. That they sometimes chose self-defeating methods is very regrettable, but the damage they caused was nothing compared to the damage caused by the great evil they opposed.

MB's story of his experience with Students for a Democratic Society (SDS), its internecine splits, the communal left such as it existed in the 1960s-1970s, and the fights over strategy and tactics, and how this all affected the individuals involved, is worth reading in and of itself. I only wish it had been longer, as its evident MB has a lot of experience to relate.