Month: January 2015

Midway through the trial of former CIA officer Jeffrey Sterling, one comment stands out. “A criminal case,” defense attorney Edward MacMahon told the jury at the outset, “is not a place where the CIA goes to get its reputation back.” But that’s where the CIA went with this trial in its first week – sending to the witness stand a procession of officials who attested to the agency’s virtues and fervently decried anyone who might provide a journalist with classified information.

The CIA’s reputation certainly needs a lift. It has rolled downhill at an accelerating pace in the dozen years since telling President George W. Bush what he wanted the nation to hear about Iraqi weapons of mass destruction. That huge bloody blot on the agency’s record has not healed since then, inflamed by such matters as drone strikes, rendition of prisoners to torture-happy regimes and resolute protection of its own torturers.

CIA sensibilities about absolution and prosecution are reflected in the fact that a former head of the CIA’s clandestine service, Jose Rodriguez Jr., suffered no penalty for destroying numerous videotapes of torture interrogations by the agency – which knew from the start that the torture was illegal.

But in the courtroom, day after day, with patriotic piety, CIA witnesses – most of them screened from public view to keep their identities secret – have testified to their reverence for legality.

Continue reading “Why the CIA Is So Eager To Demolish Whistleblower Jeffrey Sterling”

While the jury will likely neither note nor learn of them, there were details from last week’s testimony in the Jeffrey Sterling trial that resonated with two other notable cases involving the CIA: the New York Police Department’s spying on Muslims and the leak of Valerie Plame Wilson’s identity.

Intelligence, race, and religion in New York City

On Friday, former high ranking CIA officer David Cohen – who headed up the New York office while Sterling was there – described how he removed Sterling from the Merlin case because he didn’t believe Sterling was performing well at his job (an opinion neither his deputy, Charles Seidel, nor Bob S shared, at least according to their testimony). “His performance was extremely sub-par,” Cohen testified. Cohen also seemed to disdain what might be called political correctness, which if true may have exacerbated Sterling’s increasing sense of being discriminated against for being African American.

That would be consistent with the action for which Cohen has received more press in recent years: setting up the New York Police Department’s intelligence program that profiles the area’s Muslim community. In the wake of 9/11, Cohen moved from the CIA to the NYPD. In 2002, he got a federal court to relax the Handschu guidelines, which had been set up in 1985 in response to NYPD’s targeting of people for their political speech. Handschu required specific evidence before using informants to investigate a group. But, as an article from the Pulitzer Prize winning AP series described it, “Cohen told a federal judge that those guidelines made it ‘virtually impossible’ to detect terrorist plots.” After getting the rules relaxed, Cohen created teams of informants that infiltrated mosques and had officers catalog Muslim-owned restaurants, shops, and even schools. “Cohen said he wanted the squad to ‘rake the coals, looking for hot spots,’” the AP reported in 2011.

Continue reading “CIA’s Small World at the Jeffrey Sterling Trial: Racial Profiling and Leaked Identities”

Condoleezza Rice made headlines when she testified Thursday at the leak trial of former CIA officer Jeffrey Sterling – underscoring that powerful people in the Bush administration went to great lengths a dozen years ago to prevent disclosure of a classified operation. But as The Associated Press noted, “While Rice’s testimony helped establish the importance of the classified program in question, her testimony did not implicate Sterling in any way as the leaker.”

Few pixels and little ink went to the witness just before Rice – former CIA spokesman William Harlow – whose testimony stumbled into indicating why he thought of Sterling early on in connection with the leak, which ultimately resulted in a ten-count indictment.

Harlow, who ran the CIA press office, testified that Sterling came to mind soon after New York Times reporter James Risen first called him, on April 3, 2003, about the highly secret Operation Merlin, a CIA program that provided faulty nuclear weapon design information to Iran.

Harlow testified that he tried to dissuade Risen without confirming the existence of Operation Merlin, first telling the reporter “that if there was such a program, I didn’t think a respectable newspaper should be writing about it.” The next day, when Risen called back, “I said that such a story would jeopardize national security.”

Continue reading “Race, Leaks, and Prosecution at the CIA”

The federal government claims it is prosecuting former CIA officer Jeffrey Sterling for leaking information to a journalist about a risky covert operation in which the spy agency funneled flawed nuclear-bomb schematics to Iran. But the opening days of the trial suggest that the government may be using the case more to overcome its reputation for shoddy intelligence work.

In opening statements and testimony on Wednesday, prosecutors seemed more concerned about refuting journalist/author James Risen’s assessment of the CIA’s scheme as botched and dangerous than in connecting Risen to Sterling. Eliciting testimony from a nuclear engineer testifying behind a screen, prosecutors sought to portray the phony-blueprint gambit as meticulous and careful.

The dispute seems to center on whether the Russian operative code-named “Merlin,” who was assigned to deliver the documents to Iranian representatives, easily detected the flaws, as Risen wrote in his 2006 book, State of War, or simply noticed that some pages were missing. An internal team of CIA experts – when asked to examine the schematics – spotted about 25 percent of the errors, but there is a clash of opinions over whether that showed how easy it was to unmask the fraud or how difficult it was to spot the flaws.

None of that, however, relates to whether Sterling was or was not a source for Risen regarding the “Merlin” operation, proof that may prove difficult for U.S. prosecutors to establish because Risen, a New York Times’ national security reporter, has an array of sources within the intelligence community from whom to draw. Since the Justice Department has dropped attempts to force Risen to identify his sources, prosecutors may find it hard to substantiate that Sterling was one of the sources for the “Merlin” disclosures.

Continue reading “‘Justice’ Hidden Behind a Screen”

On January 9, two days after the massive Paris march condemning the brutal attack on freedom of the press, a young Saudi prisoner named Raif Badawi was removed from his cell in shackles and taken to a public square in Jeddah. There he was flogged 50 times before hundreds of spectators who had just finished midday prayers. The 50 lashes – labeled by Amnesty International a "vicious act of cruelty" – was the first installment on his sentence of 1,000 floggings, as well as ten years in prison and a fine of $266,000. Badawi’s crime? Blogging.

The father of three young children, Badawi hosted the website known as Free Saudi Liberals, a forum intended to promote a lively exchange of ideas among Saudis. Badawi wrote about the advantages of separating religion and state, asserting that secularism was "the practical solution to lift countries (including ours) out of the third world and into the first world." He accused Saudi clerics and the government of distorting Islam to promote authoritarianism. Unlike the Saudi rulers, Badawi cheered the Egyptian uprising against Hosni Mubarak, calling it a decisive turning point not only for Egypt but "everywhere that is governed by the Arab mentality of dictatorship."

In mid-2012, Badawi was arrested for his blogs, including an article in which he was accused of ridiculing the kingdom’s religious police, the Commission for the Promotion of Virtue and Prevention of Vice. He was also charged for failing to remove "offensive posts" written by others. The prosecution originally called for him to be tried for "apostasy", or abandoning his religion, which carries the death penalty.

Continue reading “‘Flogging for Blogging’ Official Saudi Policy”

This week, in a federal courtroom, I’ve heard a series of government witnesses testify behind a screen while expounding on a central precept of the national security state: The CIA can do no wrong.

Those CIA employees and consultants are more than mere loyalists for an agency that soaks up $15 billion a year and continues to loosen the bonds of accountability. The docket says “United States of America v. Jeffrey Alexander Sterling,” but a more discerning title would be “National Security State v. The Public’s Right to Know.”

For the first time in 30 years, a case has gone to trial in a civilian court under the Espionage Act with charges that the defendant gave classified information to news media. Not far from the CIA headquarters in Northern Virginia, legal jargon is flying around the courtroom, but the law has very little to do with this case.

Top officials in the U.S. government leak classified information all the time, without punishment. But Jeffrey Sterling was not a top official. He’s a former CIA officer, charged with giving classified information to journalist James Risen about a CIA operation that provided Iran with flawed nuclear weapon blueprints – information that appeared in Risen’s 2006 book State of War.

Continue reading “The Revenge of the CIA: Scapegoating Whistleblower Jeffrey Sterling”