From the start, not even the U.S. military had the audacity to try to obscure that they did this. They left that dirty work to their leading media outlets which, as usual, are more than eager and happy to comply.
Osmakac was 25 years old on January 7, 2012, when he filmed what the FBI and the U.S. Department of Justice would later call a “martyrdom video.” He was also broke and struggling with mental illness.
After recording this video in a rundown Days Inn in Tampa, Florida, Osmakac prepared to deliver what he thought was a car bomb to a popular Irish bar. According to the government, Osmakac was a dangerous, lone-wolf terrorist who would have bombed the Tampa bar, then headed to a local casino where he would have taken hostages, before finally detonating his suicide vest once police arrived.
But if Osmakac was a terrorist, he was only one in his troubled mind and in the minds of ambitious federal agents. The government could not provide any evidence that he had connections to international terrorists. He didn’t have his own weapons. He didn’t even have enough money to replace the dead battery in his beat-up, green 1994 Honda Accord.
Osmakac was the target of an elaborately orchestrated FBI sting that involved a paid informant, as well as FBI agents and support staff working on the setup for more than three months. The FBI provided all of the weapons seen in Osmakac’s martyrdom video. The bureau also gave Osmakac the car bomb he allegedly planned to detonate, and even money for a taxi so he could get to where the FBI needed him to go. Osmakac was a deeply disturbed young man, according to several of the psychiatrists and psychologists who examined him before trial. He became a “terrorist” only after the FBI provided the means, opportunity and final prodding necessary to make him one.
Since the 9/11 terrorist attacks, the FBI has arrested dozens of young men like Osmakac in controversial counterterrorism stings. One recent case involved a rudderless 20-year-old in Cincinnati, Ohio, named Christopher Cornell, who conspired with an FBI informant — seeking “favorable treatment” for his own “criminal exposure” — in a harebrained plot to build pipe bombs and attack Capitol Hill. And just last month, on February 25, the FBI arrested and charged two Brooklyn men for plotting, with the aid of a paid informant, to travel to Syria and join the Islamic State. The likelihood that the men would have stepped foot in Syria of their own accord seems low; only after they met the informant, who helped with travel applications and other hurdles, did their planning take shape.
David Petraeus, who suffered a fall worthy of a Greek tragedy when was caught leaking classified information to his biographer-girlfriend, has reached a plea deal with the feds, in the person of the U.S. Attorney’s Office for the Western District of North Carolina.
As of now two documents are available online. There’s the Information, which is the charging document the feds use when grand jury indictment is not required or when the defendant waives that right. There’s also the factual basis — the narrative of facts to which Petraeus will admit. These documents reveal that Petraeus has agreed, in advance of charges being filed, to take a misdemeanor.
Generally, poor people react and rich people are proactive. Petraeus is sophisticated and has assets; he could afford to hire lawyers to negotiate with the feds before they charged him. As a result, he was able to secure a pretty good outcome that controlled his risks. The feds let him plead, pre-indictment, to a misdemeanor charge of improper removal and retention of classified documents under 18 USC section 1924. That means even if the federal judge who sentences him goes on a rampage, he can’t get more than a year in federal prison — and, given that it’s a misdemeanor, will very likely get far less. The Factual Basis includes a United States Sentencing Guideline calculation in which the government and Petraeus agree he winds up at an Adjusted Offense Level of 8, which means the judge can give him straight probation.
It is very difficult to get a misdemeanor out of the feds.
Petraeus’ factual basis reveals that he could have been charged with much, much worse. The statement discusses his “Black Books” containing his schedules and notes during his command in Afghanistan; those books contained “national defense information, including Top Secret/SCI code word information.” (Factual Basis at paragraphs 17-18.) Petraeus, after acknowledging that “there’s code word stuff in there,” gave the Black Books to his biographer/girlfriend at her private residence. “The DC Private Residence was not approved for the storage of classified information,” the statement notes dryly. (Factual Basis at paragraphs 22-25.) He retrieved the Black Books a few days later after she had been able to examine them, and retained them. Thereafter, when he resigned from the CIA, he signed a certification that he had no classified material in his possession, even though he had the Black Books. (Factual Basis at paragraph 27.) Later, when Petraeus consented to interviews with FBI agents1 he lied to them and told them that he had never provided classified information to his biographer/girlfriend. (Factual Basis at paragraph 32.)
To federal prosecutors, that last paragraph of facts is like “Free Handjob And iPad Day” at Walt Disney World. First, you’ve got the repeated false statements to the government, each of which is going to generate its own charge under 18 U.S.C. 1001, which makes it illegal for you to lie to your government no matter how much your government lies to you. Then you’ve got the deliberate leaking of top secret/code word defense data to a biographer. An aggressive prosecutor might charge a felony under 18 U.S.C. section 793 (covering willful disclosure of national defense information) or 18 U.S.C. section 798 (covering disclosure of classified communications intelligence materials or information derived therefrom), both of which have ten-year maximum penalties. Those charges don’t seem to require any intent to harm the U.S. — only disclosure of information which could harm the U.S. if distributed. Other than that? You better believe there would be a conspiracy count for Petraeus’ interaction with his girlfriend.
If Petraeus were some no-name sad-sack with an underwater mortgage and no connections and no assets to hire lawyers pre-indictment, he’d almost certainly get charged a lot more aggressively than he has been. This administration has been extremely vigorous in prosecuting leakers and threatening the press.
So why is Petraeus getting off with a misdemeanor and a probable probationary sentence? Two reasons: money and power. Money lets you hire attorneys to negotiate with the feds pre-charge, to get the optimal result. Power — whether in the form of actual authority or connections to people with authority — gets you special consideration and the soft, furry side of prosecutorial discretion.
This is colloquially known as justice.
Security researchers have uncovered highly sophisticated malware that is linked to a secret National Security Agency hacking operation exposed by The Intercept last year.
Russian security firm Kaspersky published a report Monday documenting the malware, which it said had been used to infect thousands of computer systems and steal data in 30 countries around the world. Among the targets were a series of unnamed governments, telecom, energy, and aerospace companies, as well as Islamic scholars, and media organizations.
Kaspersky did not name the NSA as the author of the malware. However, Reuters reported later on Monday that the agency had created the technology, citing anonymous former U.S. intelligence officials.
Kaspersky’s researchers noted that the newly found malware is similar to Stuxnet, a covert tool reportedly created by the U.S. government to sabotage Iranian nuclear systems. The researchers also identified a series of codenames that they found contained within the samples of malware, including STRAIGHTACID, STRAITSHOOTER, and GROK.
Notably, GROK, which Kaspersky said is a piece of malware used to secretly log keystrokes, is tied to secret NSA hacking tactics described in documents from whistleblower Edward Snowden. Last year, The Intercept revealed that the NSA was using a tool called GROK to log keystrokes as part of a toolkit it uses to hack computers and collect data.
The other codenames identified by Kaspersky on Tuesday—such as STRAIGHTACID, STRAITSHOOTER—are strikingly similar to known NSA hacking operations. Leaked NSA documents have revealed that the agency uses hacking tools known as STRAIGHTBIZARRE and FOXACID to break into computers and grab data.
According to Kaspersky, the malware found in the latest discovery is the most advanced ever found and represents an “astonishing technical accomplishment.” It hides deep within an infected computer and can stay on the machine even after attempts to wipe or reformat the hard drive. The security firm has dubbed different variants of the malware EquationLaser, EquationDrug and GrayFish, and they are calling its creators the “Equation Group,” because of the way the spy technology attempts to hide itself in an infected computer using complex encryption.