Showing posts with label Obama follows Bush. Show all posts
Showing posts with label Obama follows Bush. Show all posts

Saturday, December 26, 2009

Jeremy Scahill: The Secret US War in Pakistan: Secret also from Congress

    The Secret US War in Pakistan

    by JEREMY SCAHILL

    November 23, 2009

    At a covert forward operating base run by the US Joint Special Operations Command (JSOC) in the Pakistani port city of Karachi, members of an elite division of Blackwater are at the center of a secret program in which they plan targeted assassinations of suspected Taliban and Al Qaeda operatives, "snatch and grabs" of high-value targets and other sensitive action inside and outside Pakistan, an investigation by The Nation has found. The Blackwater operatives also assist in gathering intelligence and help direct a secret US military drone bombing campaign that runs parallel to the well-documented CIA predator strikes, according to a well-placed source within the US military intelligence apparatus.

    The source, who has worked on covert US military programs for years, including in Afghanistan and Pakistan, has direct knowledge of Blackwater's involvement. He spoke to The Nation on condition of anonymity because the program is classified. The source said that the program is so "compartmentalized" that senior figures within the Obama administration and the US military chain of command may not be aware of its existence.

    The White House did not return calls or email messages seeking comment for this story. Capt. John Kirby, the spokesperson for Adm. Michael Mullen, Chair of the Joint Chiefs of Staff, told The Nation, "We do not discuss current operations one way or the other, regardless of their nature." A defense official, on background, specifically denied that Blackwater performs work on drone strikes or intelligence for JSOC in Pakistan. "We don't have any contracts to do that work for us. We don't contract that kind of work out, period," the official said. "There has not been, and is not now, contracts between JSOC and that organization for these types of services."

    Blackwater's founder Erik Prince contradicted this statement in a recent interview, telling Vanity Fair that Blackwater works with US Special Forces in identifying targets and planning missions, citing an operation in Syria. The magazine also published a photo of a Blackwater base near the Afghanistan-Pakistan border.

    The previously unreported program, the military intelligence source said, is distinct from the CIA assassination program that the agency's director, Leon Panetta, announced he had canceled in June 2009. "This is a parallel operation to the CIA," said the source. "They are two separate beasts." The program puts Blackwater at the epicenter of a US military operation within the borders of a nation against which the United States has not declared war--knowledge that could further strain the already tense relations between the United States and Pakistan. In 2006, the United States and Pakistan struck a deal that authorized JSOC to enter Pakistan to hunt Osama bin Laden with the understanding that Pakistan would deny it had given permission. Officially, the United States is not supposed to have any active military operations in the country.

    Blackwater, which recently changed its name to Xe Services and US Training Center, denies the company is operating in Pakistan. "Xe Services has only one employee in Pakistan performing construction oversight for the U.S. Government," Blackwater spokesperson Mark Corallo said in a statement to The Nation, adding that the company has "no other operations of any kind in Pakistan."

    A former senior executive at Blackwater confirmed the military intelligence source's claim that the company is working in Pakistan for the CIA and JSOC, the premier counterterrorism and covert operations force within the military. He said that Blackwater is also working for the Pakistani government on a subcontract with an Islamabad-based security firm that puts US Blackwater operatives on the ground with Pakistani forces in counter-terrorism operations, including house raids and border interdictions, in the North-West Frontier Province and elsewhere in Pakistan. This arrangement, the former executive said, allows the Pakistani government to utilize former US Special Operations forces who now work for Blackwater while denying an official US military presence in the country. He also confirmed that Blackwater has a facility in Karachi and has personnel deployed elsewhere in Pakistan. The former executive spoke on condition of anonymity.

    His account and that of the military intelligence source were borne out by a US military source who has knowledge of Special Forces actions in Pakistan and Afghanistan. When asked about Blackwater's covert work for JSOC in Pakistan, this source, who also asked for anonymity, told The Nation, "From my information that I have, that is absolutely correct," adding, "There's no question that's occurring."

    "It wouldn't surprise me because we've outsourced nearly everything," said Col. Lawrence Wilkerson, who served as Secretary of State Colin Powell's chief of staff from 2002 to 2005, when told of Blackwater's role in Pakistan. Wilkerson said that during his time in the Bush administration, he saw the beginnings of Blackwater's involvement with the sensitive operations of the military and CIA. "Part of this, of course, is an attempt to get around the constraints the Congress has placed on DoD. If you don't have sufficient soldiers to do it, you hire civilians to do it. I mean, it's that simple. It would not surprise me."

    The Counterterrorism Tag Team in Karachi

    The covert JSOC program with Blackwater in Pakistan dates back to at least 2007, according to the military intelligence source. The current head of JSOC is Vice Adm. William McRaven, who took over the post from Gen. Stanley McChrystal, who headed JSOC from 2003 to 2008 before being named the top US commander in Afghanistan. Blackwater's presence in Pakistan is "not really visible, and that's why nobody has cracked down on it," said the source. Blackwater's operations in Pakistan, he said, are not done through State Department contracts or publicly identified Defense contracts. "It's Blackwater via JSOC, and it's a classified no-bid [contract] approved on a rolling basis." The main JSOC/Blackwater facility in Karachi, according to the source, is nondescript: three trailers with various generators, satellite phones and computer systems are used as a makeshift operations center. "It's a very rudimentary operation," says the source. "I would compare it to [CIA] outposts in Kurdistan or any of the Special Forces outposts. It's very bare bones, and that's the point."

    Blackwater's work for JSOC in Karachi is coordinated out of a Task Force based at Bagram Air Base in neighboring Afghanistan, according to the military intelligence source. While JSOC technically runs the operations in Karachi, he said, it is largely staffed by former US special operations soldiers working for a division of Blackwater, once known as Blackwater SELECT, and intelligence analysts working for a Blackwater affiliate, Total Intelligence Solutions (TIS), which is owned by Erik Prince. The military source said that the name Blackwater SELECT may have been changed recently. Total Intelligence, which is run out of an office on the ninth floor of a building in the Ballston area of Arlington, Virginia, is staffed by former analysts and operatives from the CIA, DIA, FBI and other agencies. It is modeled after the CIA's counterterrorism center. In Karachi, TIS runs a "media-scouring/open-source network," according to the source. Until recently, Total Intelligence was run by two former top CIA officials, Cofer Black and Robert Richer, both of whom have left the company. In Pakistan, Blackwater is not using either its original name or its new moniker, Xe Services, according to the former Blackwater executive. "They are running most of their work through TIS because the other two [names] have such a stain on them," he said. Corallo, the Blackwater spokesperson, denied that TIS or any other division or affiliate of Blackwater has any personnel in Pakistan.

    The US military intelligence source said that Blackwater's classified contracts keep getting renewed at the request of JSOC. Blackwater, he said, is already so deeply entrenched that it has become a staple of the US military operations in Pakistan. According to the former Blackwater executive, "The politics that go with the brand of BW is somewhat set aside because what you're doing is really one military guy to another." Blackwater's first known contract with the CIA for operations in Afghanistan was awarded in 2002 and was for work along the Afghanistan-Pakistan border.

    One of the concerns raised by the military intelligence source is that some Blackwater personnel are being given rolling security clearances above their approved clearances. Using Alternative Compartmentalized Control Measures (ACCMs), he said, the Blackwater personnel are granted clearance to a Special Access Program, the bureaucratic term used to describe highly classified "black" operations. "With an ACCM, the security manager can grant access to you to be exposed to and operate within compartmentalized programs far above 'secret'--even though you have no business doing so," said the source. It allows Blackwater personnel that "do not have the requisite security clearance or do not hold a security clearance whatsoever to participate in classified operations by virtue of trust," he added. "Think of it as an ultra-exclusive level above top secret. That's exactly what it is: a circle of love." Blackwater, therefore, has access to "all source" reports that are culled in part from JSOC units in the field. "That's how a lot of things over the years have been conducted with contractors," said the source. "We have contractors that regularly see things that top policy-makers don't unless they ask."

    According to the source, Blackwater has effectively marketed itself as a company whose operatives have "conducted lethal direct action missions and now, for a price, you can have your own planning cell. JSOC just ate that up," he said, adding, "They have a sizable force in Pakistan--not for any nefarious purpose if you really want to look at it that way--but to support a legitimate contract that's classified for JSOC." Blackwater's Pakistan JSOC contracts are secret and are therefore shielded from public oversight, he said. The source is not sure when the arrangement with JSOC began, but he says that a spin-off of Blackwater SELECT "was issued a no-bid contract for support to shooters for a JSOC Task Force and they kept extending it." Some of the Blackwater personnel, he said, work undercover as aid workers. "Nobody even gives them a second thought."

    The military intelligence source said that the Blackwater/JSOC Karachi operation is referred to as "Qatar cubed," in reference to the US forward operating base in Qatar that served as the hub for the planning and implementation of the US invasion of Iraq. "This is supposed to be the brave new world," he says. "This is the Jamestown of the new millennium and it's meant to be a lily pad. You can jump off to Uzbekistan, you can jump back over the border, you can jump sideways, you can jump northwest. It's strategically located so that they can get their people wherever they have to without having to wrangle with the military chain of command in Afghanistan, which is convoluted. They don't have to deal with that because they're operating under a classified mandate."

    In addition to planning drone strikes and operations against suspected Al Qaeda and Taliban forces in Pakistan for both JSOC and the CIA, the Blackwater team in Karachi also helps plan missions for JSOC inside Uzbekistan against the Islamic Movement of Uzbekistan, according to the military intelligence source. Blackwater does not actually carry out the operations, he said, which are executed on the ground by JSOC forces. "That piqued my curiosity and really worries me because I don't know if you noticed but I was never told we are at war with Uzbekistan," he said. "So, did I miss something, did Rumsfeld come back into power?"

    Pakistan's Military Contracting Maze

    Blackwater, according to the military intelligence source, is not doing the actual killing as part of its work in Pakistan. "The SELECT personnel are not going into places with private aircraft and going after targets," he said. "It's not like Blackwater SELECT people are running around assassinating people." Instead, US Special Forces teams carry out the plans developed in part by Blackwater. The military intelligence source drew a distinction between the Blackwater operatives who work for the State Department, which he calls "Blackwater Vanilla," and the seasoned Special Forces veterans who work on the JSOC program. "Good or bad, there's a small number of people who know how to pull off an operation like that. That's probably a good thing," said the source. "It's the Blackwater SELECT people that have and continue to plan these types of operations because they're the only people that know how and they went where the money was. It's not trigger-happy fucks, like some of the PSD [Personal Security Detail] guys. These are not people that believe that Barack Obama is a socialist, these are not people that kill innocent civilians. They're very good at what they do."

    The former Blackwater executive, when asked for confirmation that Blackwater forces were not actively killing people in Pakistan, said, "that's not entirely accurate." While he concurred with the military intelligence source's description of the JSOC and CIA programs, he pointed to another role Blackwater is allegedly playing in Pakistan, not for the US government but for Islamabad. According to the executive, Blackwater works on a subcontract for Kestral Logistics, a powerful Pakistani firm, which specializes in military logistical support, private security and intelligence consulting. It is staffed with former high-ranking Pakistani army and government officials. While Kestral's main offices are in Pakistan, it also has branches in several other countries.

    A spokesperson for the US State Department's Directorate of Defense Trade Controls (DDTC), which is responsible for issuing licenses to US corporations to provide defense-related services to foreign governments or entities, would neither confirm nor deny for The Nationthat Blackwater has a license to work in Pakistan or to work with Kestral. "We cannot help you," said department spokesperson David McKeeby after checking with the relevant DDTC officials. "You'll have to contact the companies directly." Blackwater's Corallo said the company has "no operations of any kind" in Pakistan other than the one employee working for the DoD. Kestral did not respond to inquiries from The Nation.

    According to federal lobbying records, Kestral recently hired former Assistant Secretary of State for Western Hemisphere Affairs Roger Noriega, who served in that post from 2003 to 2005, to lobby the US government, including the State Department, USAID and Congress, on foreign affairs issues "regarding [Kestral's] capabilities to carry out activities of interest to the United States." Noriega was hired through his firm, Vision Americas, which he runs with Christina Rocca, a former CIA operations official who served as assistant secretary of state for South Asian affairs from 2001 to 2006 and was deeply involved in shaping US policy toward Pakistan. In October 2009, Kestral paid Vision Americas $15,000 and paid a Vision Americas-affiliated firm, Firecreek Ltd., an equal amount to lobby on defense and foreign policy issues.

    For years, Kestral has done a robust business in defense logistics with the Pakistani government and other nations, as well as top US defense companies. Blackwater owner Erik Prince is close with Kestral CEO Liaquat Ali Baig, according to the former Blackwater executive. "Ali and Erik have a pretty close relationship," he said. "They've met many times and struck a deal, and they [offer] mutual support for one another." Working with Kestral, he said, Blackwater has provided convoy security for Defense Department shipments destined for Afghanistan that would arrive in the port at Karachi. Blackwater, according to the former executive, would guard the supplies as they were transported overland from Karachi to Peshawar and then west through the Torkham border crossing, the most important supply route for the US military in Afghanistan.

    According to the former executive, Blackwater operatives also integrate with Kestral's forces in sensitive counterterrorism operations in the North-West Frontier Province, where they work in conjunction with the Pakistani Interior Ministry's paramilitary force, known as the Frontier Corps (alternately referred to as "frontier scouts"). The Blackwater personnel are technically advisers, but the former executive said that the line often gets blurred in the field. Blackwater "is providing the actual guidance on how to do [counterterrorism operations] and Kestral's folks are carrying a lot of them out, but they're having the guidance and the overwatch from some BW guys that will actually go out with the teams when they're executing the job," he said. "You can see how that can lead to other things in the border areas." He said that when Blackwater personnel are out with the Pakistani teams, sometimes its men engage in operations against suspected terrorists. "You've got BW guys that are assisting... and they're all going to want to go on the jobs--so they're going to go with them," he said. "So, the things that you're seeing in the news about how this Pakistani military group came in and raided this house or did this or did that--in some of those cases, you're going to have Western folks that are right there at the house, if not in the house." Blackwater, he said, is paid by the Pakistani government through Kestral for consulting services. "That gives the Pakistani government the cover to say, 'Hey, no, we don't have any Westerners doing this. It's all local and our people are doing it.' But it gets them the expertise that Westerners provide for [counterterrorism]-related work."

    The military intelligence source confirmed Blackwater works with the Frontier Corps, saying, "There's no real oversight. It's not really on people's radar screen."

    In October, in response to Pakistani news reports that a Kestral warehouse in Islamabad was being used to store heavy weapons for Blackwater, the US Embassy in Pakistan released a statement denying the weapons were being used by "a private American security contractor." The statement said, "Kestral Logistics is a private logistics company that handles the importation of equipment and supplies provided by the United States to the Government of Pakistan. All of the equipment and supplies were imported at the request of the Government of Pakistan, which also certified the shipments."

    Who is Behind the Drone Attacks?

    Since President Barack Obama was inaugurated, the United States has expanded drone bombing raids in Pakistan. Obama first ordered a drone strike against targets in North and South Waziristan on January 23, and the strikes have been conducted consistently ever since. The Obama administration has now surpassed the number of Bush-era strikes in Pakistan and has faced fierce criticism from Pakistan and some US lawmakers over civilian deaths. A drone attack in June killed as many as sixty people attending a Taliban funeral.

    In August, the New York Times reported that Blackwater works for the CIA at "hidden bases in Pakistan and Afghanistan, where the company's contractors assemble and load Hellfire missiles and 500-pound laser-guided bombs on remotely piloted Predator aircraft." In February, The Times of London obtained a satellite image of a secret CIA airbase in Shamsi, in Pakistan's southwestern province of Baluchistan, showing three drone aircraft. The New York Times also reported that the agency uses a secret base in Jalalabad, Afghanistan, to strike in Pakistan.

    The military intelligence source says that the drone strike that reportedly killed Pakistani Taliban leader Baitullah Mehsud, his wife and his bodyguards in Waziristan in August was a CIA strike, but that many others attributed in media reports to the CIA are actually JSOC strikes. "Some of these strikes are attributed to OGA [Other Government Agency, intelligence parlance for the CIA], but in reality it's JSOC and their parallel program of UAVs [unmanned aerial vehicles] because they also have access to UAVs. So when you see some of these hits, especially the ones with high civilian casualties, those are almost always JSOC strikes." The Pentagon has stated bluntly, "There are no US military strike operations being conducted in Pakistan."

    The military intelligence source also confirmed that Blackwater continues to work for the CIA on its drone bombing program in Pakistan, as previously reported in the New York Times, but added that Blackwater is working on JSOC's drone bombings as well. "It's Blackwater running the program for both CIA and JSOC," said the source. When civilians are killed, "people go, 'Oh, it's the CIA doing crazy shit again unchecked.' Well, at least 50 percent of the time, that's JSOC [hitting] somebody they've identified through HUMINT [human intelligence] or they've culled the intelligence themselves or it's been shared with them and they take that person out and that's how it works."

    The military intelligence source says that the CIA operations are subject to Congressional oversight, unlike the parallel JSOC bombings. "Targeted killings are not the most popular thing in town right now and the CIA knows that," he says. "Contractors and especially JSOC personnel working under a classified mandate are not [overseen by Congress], so they just don't care. If there's one person they're going after and there's thirty-four people in the building, thirty-five people are going to die. That's the mentality." He added, "They're not accountable to anybody and they know that. It's an open secret, but what are you going to do, shut down JSOC?"

    In addition to working on covert action planning and drone strikes, Blackwater SELECT also provides private guards to perform the sensitive task of security for secret US drone bases, JSOC camps and Defense Intelligence Agency camps inside Pakistan, according to the military intelligence source.

    Mosharraf Zaidi, a well-known Pakistani journalist who has served as a consultant for the UN and European Union in Pakistan and Afghanistan, says that the Blackwater/JSOC program raises serious questions about the norms of international relations. "The immediate question is, How do you define the active pursuit of military objectives in a country with which not only have you not declared war but that is supposedly a front-line non-NATO ally in the US struggle to contain extremist violence coming out of Afghanistan and the border regions of Afghanistan and Pakistan?" asks Zaidi, who is currently a columnist for The News, the biggest English-language daily in Pakistan. "Let's forget Blackwater for a second. What this is confirming is that there are US military operations in Pakistan that aren't about logistics or getting food to Bagram; that are actually about the exercise of physical violence, physical force inside of Pakistani territory."

    JSOC: Rumsfeld and Cheney's Extra Special Force

    Colonel Wilkerson said that he is concerned that with General McChrystal's elevation as the military commander of the Afghan war--which is increasingly seeping into Pakistan--there is a concomitant rise in JSOC's power and influence within the military structure. "I don't see how you can escape that; it's just a matter of the way the authority flows and the power flows, and it's inevitable, I think," Wilkerson toldThe Nation. He added, "I'm alarmed when I see execute orders and combat orders that go out saying that the supporting force is Central Command and the supported force is Special Operations Command," under which JSOC operates. "That's backward. But that's essentially what we have today."

    From 2003 to 2008 McChrystal headed JSOC, which is headquartered at Pope Air Force Base and Fort Bragg in North Carolina, where Blackwater's 7,000-acre operating base is also situated. JSOC controls the Army's Delta Force, the Navy's SEAL Team 6, as well as the Army's 75th Ranger Regiment and 160th Special Operations Aviation Regiment, and the Air Force's 24th Special Tactics Squadron. JSOC performs strike operations, reconnaissance in denied areas and special intelligence missions. Blackwater, which was founded by former Navy SEALs, employs scores of veteran Special Forces operators--which several former military officials pointed to as the basis for Blackwater's alleged contracts with JSOC.

    Since 9/11, many top-level Special Forces veterans have taken up employment with private firms, where they can make more money doing the highly specialized work they did in uniform. "The Blackwater individuals have the experience. A lot of these individuals are retired military, and they've been around twenty to thirty years and have experience that the younger Green Beret guys don't," said retired Army Lieut. Col. Jeffrey Addicott, a well-connected military lawyer who served as senior legal counsel for US Army Special Forces. "They're known entities. Everybody knows who they are, what their capabilities are, and they've got the experience. They're very valuable."

    "They make much more money being the smarts of these operations, planning hits in various countries and basing it off their experience in Chechnya, Bosnia, Somalia, Ethiopia," said the military intelligence source. "They were there for all of these things, they know what the hell they're talking about. And JSOC has unfortunately lost the institutional capability to plan within, so they hire back people that used to work for them and had already planned and executed these [types of] operations. They hired back people that jumped over to Blackwater SELECT and then pay them exorbitant amounts of money to plan future operations. It's a ridiculous revolving door."

    While JSOC has long played a central role in US counterterrorism and covert operations, military and civilian officials who worked at the Defense and State Departments during the Bush administration described in interviews with The Nation an extremely cozy relationship that developed between the executive branch (primarily through Vice President Dick Cheney and Defense Secretary Donald Rumsfeld) and JSOC. During the Bush era, Special Forces turned into a virtual stand-alone operation that acted outside the military chain of command and in direct coordination with the White House. Throughout the Bush years, it was largely General McChrystal who ran JSOC. "What I was seeing was the development of what I would later see in Iraq and Afghanistan, where Special Operations forces would operate in both theaters without the conventional commander even knowing what they were doing," said Colonel Wilkerson. "That's dangerous, that's very dangerous. You have all kinds of mess when you don't tell the theater commander what you're doing."

    Wilkerson said that almost immediately after assuming his role at the State Department under Colin Powell, he saw JSOC being politicized and developing a close relationship with the executive branch. He saw this begin, he said, after his first Delta Force briefing at Fort Bragg. "I think Cheney and Rumsfeld went directly into JSOC. I think they went into JSOC at times, perhaps most frequently, without the SOCOM [Special Operations] commander at the time even knowing it. The receptivity in JSOC was quite good," says Wilkerson. "I think Cheney was actually giving McChrystal instructions, and McChrystal was asking him for instructions." He said the relationship between JSOC and Cheney and Rumsfeld "built up initially because Rumsfeld didn't get the responsiveness. He didn't get the can-do kind of attitude out of the SOCOM commander, and so as Rumsfeld was wont to do, he cut him out and went straight to the horse's mouth. At that point you had JSOC operating as an extension of the [administration] doing things the executive branch--read: Cheney and Rumsfeld--wanted it to do. This would be more or less carte blanche. You need to do it, do it. It was very alarming for me as a conventional soldier."

    Wilkerson said the JSOC teams caused diplomatic problems for the United States across the globe. "When these teams started hitting capital cities and other places all around the world, [Rumsfeld] didn't tell the State Department either. The only way we found out about it is our ambassadors started to call us and say, 'Who the hell are these six-foot-four white males with eighteen-inch biceps walking around our capital cities?' So we discovered this, we discovered one in South America, for example, because he actually murdered a taxi driver, and we had to get him out of there real quick. We rendered him--we rendered him home."

    As part of their strategy, Rumsfeld and Cheney also created the Strategic Support Branch (SSB), which pulled intelligence resources from the Defense Intelligence Agency and the CIA for use in sensitive JSOC operations. The SSB was created using "reprogrammed" funds "without explicit congressional authority or appropriation," according to the Washington Post. The SSB operated outside the military chain of command and circumvented the CIA's authority on clandestine operations. Rumsfeld created it as part of his war to end "near total dependence on CIA." Under US law, the Defense Department is required to report all deployment orders to Congress. But guidelines issued in January 2005 by former Under Secretary of Defense for Intelligence Stephen Cambone stated that Special Operations forces may "conduct clandestine HUMINT operations...before publication" of a deployment order. This effectively gave Rumsfeld unilateral control over clandestine operations.

    The military intelligence source said that when Rumsfeld was defense secretary, JSOC was deployed to commit some of the "darkest acts" in part to keep them concealed from Congress. "Everything can be justified as a military operation versus a clandestine intelligence performed by the CIA, which has to be informed to Congress," said the source. "They were aware of that and they knew that, and they would exploit it at every turn and they took full advantage of it. They knew they could act extra-legally and nothing would happen because A, it was sanctioned by DoD at the highest levels, and B, who was going to stop them? They were preparing the battlefield, which was on all of the PowerPoints: 'Preparing the Battlefield.'"

    The significance of the flexibility of JSOC's operations inside Pakistan versus the CIA's is best summed up by Senator Dianne Feinstein, chair of the Senate Select Committee on Intelligence. "Every single intelligence operation and covert action must be briefed to the Congress," she said. "If they are not, that is a violation of the law."

    Blackwater: Company Non Grata in Pakistan

    For months, the Pakistani media has been flooded with stories about Blackwater's alleged growing presence in the country. For the most part, these stories have been ignored by the US press and denounced as lies or propaganda by US officials in Pakistan. But the reality is that, although many of the stories appear to be wildly exaggerated, Pakistanis have good reason to be concerned about Blackwater's operations in their country. It is no secret in Washington or Islamabad that Blackwater has been a central part of the wars in Afghanistan and Pakistan and that the company has been involved--almost from the beginning of the "war on terror"--with clandestine US operations. Indeed, Blackwater is accepting applications for contractors fluent in Urdu and Punjabi. The US Ambassador to Pakistan, Anne Patterson, has denied Blackwater's presence in the country, stating bluntly in September, "Blackwater is not operating in Pakistan." In her trip to Pakistan in October, Secretary of State Hillary Clinton dodged questions from the Pakistani press about Blackwater's rumored Pakistani operations. Pakistan's interior minister, Rehman Malik, said on November 21 he will resign if Blackwater is found operating anywhere in Pakistan.

    The Christian Science Monitor recently reported that Blackwater "provides security for a US-backed aid project" in Peshawar, suggesting the company may be based out of the Pearl Continental, a luxury hotel the United States reportedly is considering purchasing to use as a consulate in the city. "We have no contracts in Pakistan," Blackwater spokesperson Stacey DeLuke said recently. "We've been blamed for all that has gone wrong in Peshawar, none of which is true, since we have absolutely no presence there."

    Reports of Blackwater's alleged presence in Karachi and elsewhere in the country have been floating around the Pakistani press for months. Hamid Mir, a prominent Pakistani journalist who rose to fame after his 1997 interview with Osama bin Laden, claimed in a recent interview that Blackwater is in Karachi. "The US [intelligence] agencies think that a number of Al-Qaeda and Taliban leaders are hiding in Karachi and Peshawar," he said. "That is why [Blackwater] agents are operating in these two cities." Ambassador Patterson has said that the claims of Mir and other Pakistani journalists are "wildly incorrect," saying they had compromised the security of US personnel in Pakistan. On November 20 the Washington Times, citing three current and former US intelligence officials, reported that Mullah Mohammed Omar, the leader of the Afghan Taliban, has "found refuge from potential U.S. attacks" in Karachi "with the assistance of Pakistan's intelligence service."

    In September, the Pakistani press covered a report on Blackwater allegedly submitted by Pakistan's intelligence agencies to the federal interior ministry. In the report, the intelligence agencies reportedly allege that Blackwater was provided houses by a federal minister who is also helping them clear shipments of weapons and vehicles through Karachi's Port Qasim on the coast of the Arabian Sea. The military intelligence source did not confirm this but did say, "The port jives because they have a lot of [former] SEALs and they would revert to what they know: the ocean, instead of flying stuff in."

    The Nation cannot independently confirm these allegations and has not seen the Pakistani intelligence report. But according to Pakistani press coverage, the intelligence report also said Blackwater has acquired "bungalows" in the Defense Housing Authority in the city. According to the DHA website, it is a large residential estate originally established "for the welfare of the serving and retired officers of the Armed Forces of Pakistan." Its motto is: "Home for Defenders." The report alleges Blackwater is receiving help from local government officials in Karachi and is using vehicles with license plates traditionally assigned to members of the national and provincial assemblies, meaning local law enforcement will not stop them.

    The use of private companies like Blackwater for sensitive operations such as drone strikes or other covert work undoubtedly comes with the benefit of plausible deniability that places an additional barrier in an already deeply flawed system of accountability. When things go wrong, it's the contractors' fault, not the government's. But the widespread use of contractors also raises serious legal questions, particularly when they are a part of lethal, covert actions. "We are using contractors for things that in the past might have been considered to be a violation of the Geneva Convention," said Lt. Col. Addicott, who now runs the Center for Terrorism Law at St. Mary's University School of Law in San Antonio, Texas. "In my opinion, we have pressed the envelope to the breaking limit, and it's almost a fiction that these guys are not in offensive military operations." Addicott added, "If we were subjected to the International Criminal Court, some of these guys could easily be picked up, charged with war crimes and put on trial. That's one of the reasons we're not members of the International Criminal Court."

    If there is one quality that has defined Blackwater over the past decade, it is the ability to survive against the odds while simultaneously reinventing and rebranding itself. That is most evident in Afghanistan, where the company continues to work for the US military, the CIA and the State Department despite intense criticism and almost weekly scandals. Blackwater's alleged Pakistan operations, said the military intelligence source, are indicative of its new frontier. "Having learned its lessons after the private security contracting fiasco in Iraq, Blackwater has shifted its operational focus to two venues: protecting things that are in danger and anticipating other places we're going to go as a nation that are dangerous," he said. "It's as simple as that."

    About Jeremy Scahill

    Jeremy Scahill, a Puffin Foundation Writing Fellow at The Nation Institute, is the author of the bestselling Blackwater: The Rise of the World's Most Powerful Mercenary Army, published by Nation Books. He is an award-winning investigative journalist and correspondent for the national radio and TV program Democracy Now!. more...

    Monday, June 29, 2009

    David Swanson: Emperor Barack's Signing Statements

    The Emperor's Seven Signing Statements
    By David Swanson

    http://afterdowningstreet.org/node/43996

    Lawless detention is the least of it. State secrets and warrantless spying scrape the surface. Drone attacks and ongoing torture begin to touch it. But central to the power of an emperor, and the catastrophes that come from the existence of an emperor, is the elimination of any other force within the government. Signing statements eliminate congress. Not that congress objects. Asking congress to reclaim its power produces nervous giggles.

    Look at how the latest war supplemental funding bill was passed. The Emperor's people wrote most of the bill. The Emperor combined it with the IMF banker bailout. The Emperor threatened and bribed his way to deals with enough congress members to pass it. The Emperor preemptively told other nations the bill would pass and then badgered congress with the claim that this nation (He, the nation) would be damaged if he turned out to have lied. The Emperor lied to congress members and the public that this would be the last war supplemental bill. Congress members claimed to back it because it was the last one (not that this made the slightest sense), and others openly, proudly, and obliviously declared that they were switching their votes to yes in order to please the Emperor.

    When the bill came to Emperor Barack he signed it and released his sixth and only legal signing statement announcing that he'd signed it. Two days later (Fridays being the favored day for signing statements) Obama released his seventh signing statement, claiming to have signed the same bill on that day as well, but perhaps beginning to establish the precedent that "signing statements," like "executive orders," can be issued at any time. The seventh signing statement did what the first five had done: it illegally and unconstitutionally altered the law in favor of bestowing illegal powers on the Emperor. The seven statements are posted here. Here's the heart of the seventh statement:
    "[P]rovisions of this bill within sections 1110 to 1112 of title XI, and sections 1403 and 1404 of title XIV, would interfere with my constitutional authority to conduct foreign relations by directing the Executive to take certain positions in negotiations or discussions with international organizations and foreign governments, or by requiring consultation with the congress prior to such negotiations or discussions. I will not treat these provisions as limiting my ability to engage in foreign diplomacy or negotiations."
    An executive would be someone who executed the laws of congress, suggesting that a different capitalized E word is actually intended, that "Executive" is now a stand-in for "Emperor." Similarly, "constitutional" in this context refers to dictionary.com's third definition of "constitution", namely "the aggregate of a person's physical and psychological characteristics." In other words, "constitutional authority" is "imperial authority" derived from the character of the Emperor. We know this because the U.S. Constitution does not create any presidential authority to conduct foreign relations (only to "receive Ambassadors and other public Ministers") but does require the advice and consent and two-thirds approval of the Senate in order to make treaties, and does give congress the power "to regulate Commerce with foreign nations" as well as complete power over the raising and spending of public funds, not to mention the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the government of the United States, or in any Department or Officer thereof."

    The sections of this latest law tossed out by Obama were ploys to win the bill's passage, including requirements that he work to strengthen labor and environmental standards at, and report to congress on the activities of, the IMF and the World Bank. Unlike an emperor, an executive would be required by the U.S. Constitution to "take Care that the Laws by faithfully executed," stated by candidate Barack Obama thus:

    "I will not use signing statements to nullify or undermine congressional instructions as enacted into law."

    Obama's first signing statement made part of the law his right to use the hundreds of billions of dollars appropriated in that bill in "new" and "far-reaching" ways that he would "initiate," as well as the understanding that an "oversight board" created by the executive branch -- rather than congress -- would oversee the activities of the executive branch, or as Obama calls it "the Federal Government."

    Obama's second signing statement declared his intention to violate dozens of sections of the law he was signing, including sections providing for the spending of funds, sections related to the creation of international treaties, and sections restricting retaliation against whistleblowers.

    Obama's third signing statement, on the "Omnibus Public Land Management Act of 2009," announced his intention to violate requirements in the law related to the appointment of a government commission.

    Obama's fourth signing statement, on a bill creating a "Financial Crisis Inquiry Commission" threw out a requirement that the Emperor provide that commission with information.

    Obama's fifth signing statement was applied to a bill that created a commission and included on it six members of congress. The signing statement declared that those six commission members Š
    "will be able to participate only in ceremonial or advisory functions of [such a] Commission, and not in matters involving the administration of the act."


    Is it time to stop endlessly being "shocked" by these yet? Obama, like Bush, argues in his signing statements that the sections of law he intends to violate are unconstitutional. The problem is not that either one of these presidents is necessarily always wrong or that such questions can ever be decided to everyone's satisfaction. The problem is that the Constitution requires the president to veto a bill or sign and faithfully execute it. The time to argue against the constitutionality of a provision is before a bill is passed or upon vetoing it. Such an argument can even be made upon signing a bill. It just can't be accompanied by a declaration of the power to violate the law.

    Presidents Reagan, Bush I, and Clinton made innovations in the abuse of signing statements without which Bush Jr. could not have done what he did. Now Obama is further advancing the genre. At some point, of course -- as Germans once learned (and learned before nukes or climate crises were on the table) -- it can become too late to act.
    --
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    David Swanson is the author of the upcoming book "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union" by Seven Stories Press. You can pre-order it and find out when tour will be in your town: http://davidswanson.org/book
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    Saturday, June 27, 2009

    Robert Sheer: Obama's $1.5 trillion plus bailout isn't working

    oreclosure Fiasco Continues:
    The Bush-Obama Strategy of Throwing Billions at Banks Doesn't Work

    By Robert Scheer, Truthdig

    Posted on June 27, 2009, Printed on June 27, 2009
    http://www.alternet.org/story/140943/

    It's not working. The Bush-Obama strategy of throwing trillions at the banks to solve the mortgage crisis is a huge bust. The financial moguls, while tickled pink to have $1.25 trillion in toxic assets covered by the feds, along with hundreds of billions in direct handouts, are not using that money to turn around the free fall in housing foreclosures.

    As The Wall Street Journal reported Tuesday, "The Mortgage Bankers Association cut its forecast of home-mortgage lending this year by 27% amid deflating hopes for a boom in refinancing." The same association said that the total refinancing under the administration's much ballyhooed Home Affordable Refinance Program is "very low."

    Aside from a tight mortgage market, the problem in preventing foreclosures has to do with homeowners losing their jobs. Here again the administration, continuing the Bush strategy, is working the wrong end of the problem. Although President Obama was wise enough to at least launch a job stimulus program, a far greater amount of federal funding benefits Wall Street as opposed to Main Street.

    State and local governments have been forced into draconian budget cuts, firing workers who are among the most reliable in making their mortgage payments--when they have jobs. Yet the Obama administration won't spend even a small fraction of what it has wasted on the banks to cover state shortfalls.

    California couldn't get the White House to guarantee $5.5 billion in short-term notes to avert severe cuts in state and local payrolls, from prison guards to schoolteachers. Compare that with the $50 billion already given to Citigroup, plus an astounding $300 billion to guarantee that institution's toxic assets. Citigroup benefits from being a bank "too big to fail," although through its irresponsible actions to get that large it did as much as any company to cause this mess.

    How big a mess? According to the Federal Reserve's most recent report, seven straight quarters of declining household wealth have left Americans $14 trillion poorer. Many who thought they were middle class have now joined the ranks of the poor. Food banks are strapped and welfare rolls are dramatically on the rise, as the WSJ reports, with a 27 percent year-to-year increase in Oregon, 23 percent in South Carolina and 10 percent in California. And you have to be very poor to get on welfare, thanks to President Clinton's so-called welfare reform, which he signed into law before he ramped up the radical deregulation of the financial services industry, enabling our economic downturn.

    Citigroup, the prime mover for ending the sensible restraints of the Glass-Steagall Act of 1933, is now a pathetic ward of the state. But back in the day President Clinton would tour the country with Citigroup founder Sandy Weill touting the wonderful work that Weill and other moguls were doing to invest in economically depressed communities. It wasn't really happening then, and now millions of folks in those communities have seen their houses snatched from them as if they were just pieces in a game of Monopoly that Clinton and his fat-cat buddy were playing.

    Once Weill got the radical deregulation law he wanted, he issued a statement giving credit: "In particular, we congratulate President Clinton, Treasury Secretary Larry Summers, NEC [National Economic Council] Chairman Gene Sperling, Under Secretary of the Treasury Gary Gensler, Assistant Treasury Secretaries Linda Robertson and Greg Baer."

    Summers is now Obama's top economic adviser, Sperling has been appointed legal counselor at Treasury, and Gensler, a former partner in Goldman Sachs, is head of the Commodity Futures Trading Commission, which he once attempted to prevent from regulating derivatives when it was run by Brooksley Born. Robertson worked for Summers in pushing through the Commodity Futures Modernization Act, which freed the derivatives market from adult supervision and contained the "Enron Loophole," permitting that company to go wild. Robertson then became the top Washington lobbyist for Enron and was recently appointed senior adviser to Fed Chair Ben S. Bernanke. Baer went to work as a corporate counsel for Bank of America, which announced his appointment with a press release crediting him with having "coordinated Treasury policy" during the Clinton years in getting Glass-Steagall repealed. As a result of deregulation, B of A too spiraled out of control and ended up as a beneficiary of the Treasury's welfare program.

    Why was I so naive as to have expected this Democratic president to not do the bidding of the banks when the last president from that party joined the Republicans in giving the moguls everything they wanted? Please, Obama, prove me wrong.

    Robert Scheer is Editor in Chief of Truthdig and author of a new book, The Pornography of Power: How Defense Hawks Hijacked 9/11 and Weakened America.
    © 2009 Truthdig All rights reserved.
    View this story online at: http://www.alternet.org/story/140943/

    Tuesday, April 14, 2009

    Politico: Legal Left cools toward Obama

    Legal left cools toward Obama
    By: Josh Gerstein
    April 13, 2009
    http://dyn.politico.com/printstory.cfm?uuid=A198ED30-18FE-70B2-A89F0D7D4E8ACBEE

    It’s not just Paul Krugman anymore.

    A growing chorus on the legal left is cooling toward President Barack Obama as a result of recent actions by the Justice Department vigorously defending the Bush administration in what it termed the war on terror.

    “Obama Position on Illegal Spying: Worse Than Bush,” a large graphic declared over the weekend on the home page of a respected group advocating freedom on the Internet, Electronic Frontier Foundation.

    Obama has been pilloried by a liberal TV icon who was one of President George W. Bush’s most vociferous critics, MSNBC’s Keith Olbermann.

    “During his run for the presidency, Barack Obama, who taught constitutional law at the University of Chicago, argued strongly against the Bush administration’s use of executive authority, including its self-justification, its rationalization of the warrantless wiretapping of American citizens,” Olbermann said on his show last week. “That was then. This is now. ... Welcome to change you cannot believe in — or sue over.”

    Obama is also under withering attack from an attorney who was one of the most widely read critics of Bush’s legal strategy in the war on terror, Glenn Greenwald. He recently blasted Obama administration moves as “extremist” and “bizarre.”

    “Reading this brief from the Obama DOJ is so striking — and more than a little depressing — given how indistinguishable it is from everything that poured out of the Bush DOJ regarding secrecy powers in order to evade all legal accountability,” he wrote on Salon last week, before calling his fellow civil libertarians to rise up. “It is simply inexcusable for those who spent the last several years screaming when the Bush administration did exactly this to remain silent now or, worse, to search for excuses to justify this behavior,” he said.

    The new wave of criticism was triggered by two actions in recent weeks by the Justice Department.
    First, earlier this month, the department presented an expansive series of arguments urging a federal court in San Francisco to throw out a lawsuit over warrantless surveillance first filed against Bush. The department’s brief not only asserted the state secrets privilege, which has long infuriated civil libertarians, but also made a sweeping assertion that Americans have no rights to challenge surveillance that violates the law unless the information is improperly released.
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    Then, on Friday, the department issued similarly broad arguments against a court ruling giving legal rights to some detainees held by the U.S. military at Bagram Air Base in Afghanistan. The government motion said the decision could aid “enemies of the United States” by allowing them to use “the U.S. court system as a tactical weapon.” The filing led to a New York Times editorial Monday sharply criticizing Obama for positioning Bagram as “the next Guantanamo.”

    Obama administration officials insist that critics are jumping the gun. A Justice Department official said some of the recent arguments are essentially intended to buy time for a review Obama has ordered of procedures and policies regarding detainees.

    The official, who asked not to be identified, said Obama deserves credit for announcing the closure of Guantanamo and banning the use of torture. The aide also pointed to Attorney General Eric Holder’s statement to CBS News last week that he soon expects to reverse the Bush administration assertion of the state secrets privilege in at least one case.




    But liberal attorneys, who set up groups such as “Habeas Lawyers for Obama” during the campaign, complain that Obama is walking away from statements he made as a senator and presidential candidate rebuking the Bush administration for putting prisoners beyond the reach of the law.

    “Obama has said no place should be out of reach of the law. Now, he’s done precisely that,” said Jonathan Turley, a law professor at George Washington University. “You have this administration routinely stating principles as a precursor to violating those very same principles.”

    Several organizers of Habeas Lawyers for Obama declined to be quoted or interviewed by POLITICO.

    However, one who spoke but asked not to be named because he regularly deals with top Obama officials, said he understands the growing skepticism. “I can understand people’s concern and frustration and I am concerned myself,” the lawyer said. “The tone of the Bagram filing was more strident than I certainly would have hoped.”

    The Obama supporter said he is confident that Obama’s senior legal team at the Justice Department and the White House will translate in time to vastly different policies.

    “There just a world of difference between the people who are handling those legal areas and those who were before,” the attorney said, though he added that he thought the Obama legal team was “absolutely overwhelmed” by the amount of work it faces.

    Still, critics such as Greenwald insist that the recent Obama administration acts on secrets and Bagram need to be publicly denounced.

    “It would require a virtually pathological level of tribal loyalty and monumental intellectual dishonesty not to object just as vehemently as we watch the Obama DOJ repeatedly invoke these very same theories and, in this instance, actually invent a new one that not even the Bush administration espoused,” he wrote.

    “When Bush asserted the power to abduct people and put them in prison for life with no charges, he was a Constitution-hating tyrant. When Obama does it, he’s being really careful and cautious and doing it to protect us for really good reasons even if we can’t know what they are and he won’t tell us,” Greenwald wrote, mockingly summarizing the arguments of Obama defenders.

    Holder has set a speech Wednesday night at West Point, which would be a logical forum to lay out the administration's views in more detail. Aides would not discuss specifics of his speech but said it would address "rule of law" issues.

    Still, the anger could intensify Thursday when more Bush administration memos are expected to be released in connection with an ACLU lawsuit. An earlier release of similar memos put the focus on perceived transgressions of the Bush administration. Now, activists may hone in instead on how the Obama White House is following in Bush’s legal footsteps.

    © 2009 Capitol News Company, LLC