President Obama Claims He Cannot Pardon Snowden; He’s Wrong | Techdirt

In a big interview with the German media outlet Der Spiegel, President Obama was asked about his interest in pardoning Ed Snowden in response to the big campaign to get him pardoned. Obama’s response was that he could not, since Snowden has not been convicted yet

Source: President Obama Claims He Cannot Pardon Snowden; He’s Wrong | Techdirt

Hacked Emails Reveal NATO General Plotting Against Obama on Russia Policy

Gen. Philip Breedlove plotted in private to overcome Obama’s reluctance to escalate military tensions with Russia over the war in Ukraine in 2014, according to apparently hacked emails.

Source: Hacked Emails Reveal NATO General Plotting Against Obama on Russia Policy

Obama Program That Hurt Homeowners and Helped Big Banks Is Ending

HAMP’s failure stemmed from its design. Rather than a cash-transfer program that hands vouchers to distressed borrowers so they can lower their mortgage payments, the government gives the money to mortgage servicing companies, to encourage them to modify the loans. But while the government sets benchmarks to follow, the mortgage companies ultimately decide whether or not to offer aid.

Source: Obama Program That Hurt Homeowners and Helped Big Banks Is Ending

Venezuelan President Calls NSA Spying on State Oil Company “Vulgar,” Orders Official Inquiry

Nicolas Maduro called monitoring of state oil-company emails — revealed by The Intercept and teleSUR — “illegal action in light of international law.”

Source: Venezuelan President Calls NSA Spying on State Oil Company “Vulgar,” Orders Official Inquiry

Listen to WSJ’s Bret Stephens Secretly Plot With “Pro-Israel” Evangelical Group Against Iran Deal

Listening to standard-issue neocons speak in a way they thought would not be public gives some insight into how they actually think and what they’re saying when talking to one another.

Source: Listen to WSJ’s Bret Stephens Secretly Plot With “Pro-Israel” Evangelical Group Against Iran Deal

When Will Obama Apologize for All the Other Innocent Victims of Drone Strikes?

In the fall of 2013, Rafiq ur Rehman, a school teacher from the remote tribal region of North Waziristan, in Pakistan, stood with his 12-year-old son, Zubair, and 9-year-old daughter, Nabila, in Washington, D.C., preparing to challenge one of the U.S. government’s most secretive means of killing.

The Rehmans say a missile fired from a U.S. drone killed 68-year-old Momina Bibi — Rehman’s mother, and grandmother to the two young children — in an October 2012 airstrike. Both Zubair and Nabila were present when the attack happened and suffered injuries. The missile had struck their grandmother straight on, obliterating her completely. There were no others killed in the attack and no substantiated reports of terrorists at the scene.

According to the family’s account, Bibi was killed tending okra while her grandkids played nearby.

The family came to the U.S. to demand answers. They were treated as honored guests among the human rights community in New York City, but when they met with lawmakers on October 20, 2013, a total of five members of Congress showed up.

For Pakistani attorney Shahzad Akbar, who represents 150 victims of the strikes, including the Rehman family, President Barack Obama’s recent apology for the killing of two Americans merely underscores the double standard that exists for civilian death.

“Today, if Nabila or Zubair or many of the civilian victims — if they are watching on TV the president being so remorseful over the killing of a Westerner, what message is that taking?” Akbar said Thursday in an interview with The Intercept.

The answer, he argued, is “that you do not matter, you are children of a lesser God, and I’m only going to mourn if a Westerner is killed.”

The absence of transparency, despite the Rehman family’s tremendous efforts, has been a defining feature of the Obama administration’s drone program. Typically, no amount of evidence gathered by journalists, human rights investigators or researchers indicating the death of a civilian from a drone strike will elicit an on-the-record response from the U.S. government — let alone an admission of responsibility — or prompt an independent investigation.

That was not the case on Thursday morning when President Barack Obama delivered a press conference describing a strike gone wrong. In the unprecedented address, Obama detailed how a failure in intelligence-gathering had left two civilians dead. Numerous anonymous U.S. officials said the attack occurred in Pakistan and that the CIA was responsible, though Obama and his press secretary, Josh Earnest, refused to explicitly confirm either. Unlike past cases, the unintended victims killed in the attacks were Westerners, one an Italian, the other a U.S. citizen.

The American, 74-year-old Warren Weinstein, had spent 40 years working around the world. For the last decade he had lived in Pakistan, where he served as country director for a consulting firm working with the U.S. Agency for International Development (USAID). The second victim, Giovanni Lo Porto, was an Italian national. The 39-year-old had come to Pakistan four years ago, when severe floods ravaged the country. Both men ultimately found themselves hostages of al Qaeda — Weinstein was taken in 2011, Lo Porto in 2012. They had been held in a compound in Pakistan’s Shawal Valley, The New York Times reported Thursday night.

“We believed that this was an Al Qaeda compound, that no civilians were present and that capturing these terrorists was not possible,” Obama said of the January 15 strike. “And we do believe that the operation did take out dangerous members of Al Qaeda. What we did not know, tragically, is that Al Qaeda was hiding the presence of Warren and Giovanni in this same compound.”

The compound had been placed under “hundreds of hours of surveillance,” Obama said. U.S. intelligence officials chose to take the shot only after achieving “near certainty” that the building was a legitimate terrorist target and civilian lives would not be risked, Earnest added. When the dust settled, American spies watched as more bodies were pulled from the rubble than expected. It would take weeks, however, for the intelligence community to confirm that the dead included Weinstein and Lo Porto. Ahmed Farouq, an American and alleged al Qaeda leader, also died in the attack. A separate U.S. airstrike in the region on January 19 was also described in detail on Thursday. U.S. intelligence officials said they believed that attack killed Adam Gadahn, a U.S. citizen and al Qaeda propagandist. Again, the Americans said they did not know he was inside when they fired.

Neither of the two strikes targeted specific individuals, U.S. officials said. The attacks were signature strikes, a much-criticized tactic in which the CIA kills people without knowing their identities, instead relying on behavioral observations. In both of the January strikes, the U.S. only learned whom it had killed after the fact.

Earnest told reporters that neither Farouq nor Gadahn were considered high-value targets, meaning they were not eligible for the type of assassination of U.S. citizens the Obama administration has deemed legal in recent years, which requires additional layers of approval. “The president did not specifically sign off on these two operations,” Earnest said.

Earnest said an inspector general was conducting an independent review of the operation.

President Obama said the operation that killed the two Westerners would be declassified and disclosed publicly, “because the Weinstein and Lo Porto families deserve to know the truth.”

“One of the things that sets America apart from many other nations, one of the things that makes us exceptional is our willingness to confront squarely our imperfections and to learn from our mistakes,” Obama explained. “Already, I have directed a full review of what happened. We will identify the lessons that can be learned from this tragedy, and any changes that should be made.”

When asked by The Intercept if the president’s words meant there would be a policy change in how the U.S. deals with claims of civilian casualties resulting from counterterrorism operations, an administration official declined to comment.

Whether anyone from the CIA has been or will be held accountable for the strikes remains unclear. Writing for The New Yorker, Steve Coll raised the question of whether the March removal of the powerful head of the CIA’s Counter­terrorism Center may have been linked to the attacks. For nearly a decade, a man named Mike — who uses the CIA cover name Roger — has overseen the agency’s drone program in Pakistan. Known for his apparently dark persona and chain-smoking, the counterterrorism chief is considered a principal architect of signature strikes, which in 2010 brought the number of U.S. kills in Pakistan to its highest-ever recorded total of 117.

“I predict that even this episode will have no effect,” Micah Zenko, a fellow at the Council on Foreign Relations and an expert in U.S. counterterrorism operations, told The New York Times.

Though he did not identify the agency, the aircraft or the country, Obama, in his remarks Thursday, came as close as he ever has to directly and candidly addressing civilian casualties in the CIA’s drone war in Pakistan in public.

“As president and as commander-in-chief, I take full responsibility for all our counterterrorism operations, including the one that inadvertently took the lives of Warren and Giovanni,” Obama said. “I profoundly regret what happened. On behalf of the United States government, I offer our deepest apologies to the families.”

Weinstein’s family released a statement Thursday placing the ultimate responsibility for his death on the men who took him captive, but the family characterized elements of the U.S. government’s response — aside from that of lawmakers and the FBI — as “inconsistent and disappointing over the course of three and a half years.”

Following Lo Porto’s kidnapping, a petition calling on the Italian government to ensure that “all possible efforts” were made in securing his release amassed nearly 48,000 signatures. On Thursday, the Italian news agency ANSA reported that the Lo Porto family was grief-stricken by the news of Giovanni’s death. “Leave me with my pain,” his mother said. “I do not have much to add,” his brother told reporters. “Obama has apologized? Thanks.”

The January attacks brought the total number of Americans killed by a drone strike under Obama to at least eight. Of that total, the U.S. has intentionally killed one.

Mustafa Qadri, an investigator with Amnesty International, has spent years conducting investigations in Pakistan, including into the strike that killed Momina Bibi. Speaking to The Intercept on Thursday, the human rights investigator said he was pained by the death of Weinstein, but noted that there are scores of other innocent people who have been killed in drone strikes.

“Obama’s statement is really moving,” Qadri said. “And we welcome that, I welcome the fact he has done that.” But, he added, “there are hundreds, potentially thousands of others who deserve the same apology.”

Link (The Intercept)

Under President’s New Cybersecurity Executive Order… Is Wikileaks Now An Evil Cyberhacker For Releasing Trade Deal?

Yesterday we talked about the ridiculousness of President Obama’s new cybersecurity executive order, in which he declares a national emergency around “malicious cyber-enabled activities” and enables his own government to do mean things to anyone they think is responsible for cyber badness (that his own NSA is the primary instigator of serious cyberattacks gets left ignored, of course). One of the points we made is that the definitions in the executive agreement were really vague, meaning that it’s likely that they could be abused in all sorts of ways that we wouldn’t normally think of as malicious hacking.

Helpfully, the ever vigilant Marcey Wheeler has provided some examples of how the vague language can and likely will be twisted:

The EO targets not just the hackers themselves, but also those who benefit from or materially support hacks. The targeting of those who are “responsible for or complicit in … the receipt or use for commercial or competitive advantage … by a commercial entity, outside the United States of trade secrets misappropriated through cyber-enabled means, … where the misappropriation of such trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States” could be used to target journalism abroad. Does WikiLeaks’ publication of secret Trans-Pacific Partnership negotiations qualify? Does Guardian’s publication of contractors’ involvement in NSA hacking?

And, that’s not all. How about encryption providers? Not too hard to see how they might qualify:

And the EO creates a “material support” category similar to the one that, in the terrorism context, has been ripe for abuse. Its targets include those who have “provided … material, or technological support for, or goods or services in support of” such significant hacks. Does that include encryption providers? Does it include other privacy protections?And the EO creates a “material support” category similar to the one that, in the terrorism context, has been ripe for abuse. Its targets include those who have “provided … material, or technological support for, or goods or services in support of” such significant hacks. Does that include encryption providers? Does it include other privacy protections?

We’ve already seen some — including government officials — argue that Twitter could be deemed to be providing “material support” to ISIS if it didn’t take down Twitter accounts that support ISIS. Twitter wouldn’t directly qualify under this executive order (which targets non-US actors), but it shows you how easy it is to stretch this kind of thinking in dangerous ways.

Making sure the technology we use every day is secure is important. But vaguely worded executive orders and an over-hyped “national emergency” isn’t the solution. Instead, it’s likely to be abused in serious ways that harm our freedoms.

Link (Techdirt)

Court Accepts DOJ’s ‘State Secrets’ Claim to Protect Shadowy Neocons: a New Low

A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the magnitude of the abuse here.

At the center of it is an anti-Iranian group calling itself “United Against Nuclear Iran” (UANI), which is very likely a front for some combination of the Israeli and U.S. intelligence services. When launched, NBC described its mission as waging “economic and psychological warfare” against Iran. The group was founded and is run and guided by a roster of U.S., Israeli and British neocon extremists such as Joe Lieberman, former Bush Homeland Security adviser (and current CNN “analyst”) Fran Townsend, former CIA Director James Woolsey, and former Mossad Director Meir Dagan. One of its key advisers is Olli Heinonen, who just co-authored a Washington Post Op-Ed with former Bush CIA/NSA Director Michael Hayden arguing that Washington is being too soft on Tehran.
This group of neocon extremists was literally just immunized by a federal court from the rule of law. That was based on the claim — advocated by the Obama DOJ and accepted by Judge Ramos — that subjecting them to litigation for their actions would risk disclosure of vital “state secrets.” The court’s ruling was based on assertions made through completely secret proceedings between the court and the U.S. government, with everyone else — including the lawyers for the parties — kept in the dark.

Link (The Intercept)