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Security

Obama Administration Releases Names Of Dozens Of Gitmo’s ‘Indefinite Detainees’

The Obama administration on Monday for the first time released the names of the 48 prisoners at the Guantanamo Bay military prison who may spend the rest of their lives there without trial.

Until today, the identities of the detainees that the Obama administration has determined to be too dangerous to release, yet unable to be prosecuted in a court of law, has remained secret. The Miami Herald on Monday reported that it had obtained the full list of the individuals from the government following a Freedom of Information Act request, resulting in a list of four dozen names.

After President Obama signed his 2009 Executive Order to close the base’s prison, an administration task force sifted through the evidence against all of the prisoners who remained in the base. In 2010, the panel concluded that the evidence against 48 of the detainees was either too flimsy or too tainted to be allowed to stand in a criminal court, but that each of them were also too dangerous to be released or transferred to another country’s captivity. With this admission, the only remaining authority remaining to hold these individuals is the 2001 Authorization for the Use of Military Force, under which these men are held as a form of war prisoner which the Bush administration claimed was outside the bounds of the Geneva Conventions’ rules.

While the identities of the Guantanamo Bay prisoners was previously known, this is the first time the administration has publicly acknowledged those listed as being ineligible for release, transfer, or prosecution. Each of the detainees are indexed with a serial number and their nationality, with two asterisks denoting prisoners who died during their captivity. As a result of the release, we now know that the prisoners hail from a multitude of Muslim-majority countries, including not just the declared war zone in Afghanistan, but also from undeclared conflict zones like Somalia and Yemen.

Several of the detainees on the indefinite detention list are currently participating in the prisoners’ on-going hunger strike, according to the Herald. This includes Yemeni prisoner Abdal Malik al Wahab, who, according to his lawyer, vowed in March to fast until he was out of Guantanamo “dead or alive.” As of Monday, 104 of the 166 detainees left in the prison were participating in the strike. Of those striking, 44 are being force-fed to keep them alive, a practice that has been condemned as “torture.”

President Obama last month announced that he would renew his efforts to close the base, one of his campaign promises when running for his first term. House Republicans rebuked those efforts once again last week, voting through a defense authorization bill that contained provisions to extend a ban on spending funds to close the facility. Democrats offered several amendments to reverse this decision, which were all voted down on the House floor.

Security

4 Amendments That Could Make The House Defense Bill More Indefensible

(Credit: Brendan Hoffman/Getty Images)

Debate is set to begin on Wednesday among the full House of Representatives over if and how to amend their version of the Fiscal Year 2014 National Defense Authorization Act (NDAA). Nearly 300 amendments were submit to the House Rules Committee, which polices the terms of the debate.

Many of the more concerning provisions within the NDAA are already baked in, thanks to the Republican control of the House Armed Services Committee. President Obama has already issued his now-annual veto threat against the NDAA for certain provisions that his administration finds unacceptable. To date, the President has signed every NDAA that has come across his desk, but that’s never a guarantee.

ThinkProgress has already highlighted some of the amendments offered that can improve the House’s bill. But there are still several amendments that, if accepted into the final bill, could render the NDAA truly indefensible:

1. Ban Gitmo detainee transfers to Yemen.

President Obama recently announced, as part of his renewed efforts to close down Guantanamo Bay, that he would lift the moratorium for transferring cleared detainees to Yemen. At present, 59 Yemeni citizens have been vetted and approved for transfer back to their home country. Rep. Jackie Walorski (R-IN) wants to prevent such a move from taking place, however, filing an amendment that would ban any use of Defense Department funds to facilitate these prisoners moving from Guantanamo back to Yemen.

2. Eliminate military aid to Pakistan.

Rep. Dana Rohrabacher (R-CA) and Pakistan don’t precisely get along. He’s been declared persona non grata for his urging the Balochistan region to declare independence from Islamabad and therefore is barred from setting foot in the country. So it’s understandable that Rohrabacher submit an amendment to ban all military aid to Pakistan. In 2012, the administration spent $371.9 million in Pakistan, of which more than 95 percent went to USAID programs providing assistance to some of Pakistan’s poorest. Only $1.9 million of that was spent on aid to Pakistan’s military, making it unclear why Rohrabacher sees the need to pass a full ban into law.
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Security

Former Defense Dept. Lawyer Says U.S. Killed 16-Year-Old Citizen With Drone By Accident

Abdulrahman al-Awlaki (Credit: Emptywheel.net)

The Pentagon’s former top lawyer said on Wednesday that the death of a 16-year old American in a drone strike in Yemen was effectively an accident, the first time any current or former Obama administration official has made such an admission.

On Wednesday afternoon, Attorney General Eric Holder sent a letter to members of Congress for the first time publicly acknowledging that U.S. drones had killed four American citizens. One of those citizens was Abdulrahman al-Awlaki, the 16 year-old son of radical Muslim cleric Anwar al-Awlaki, who on Wednesday the government also for the first time admitted was killed in a U.S. drone strike for his role in al Qaeda in the Arab Peninsula and alleged participation in attempted terror attacks on the United States.

Jeh Johson, who served as the Department of Defense’s general counsel during President Obama’s first term, appeared on MSNBC last night to discuss Holder’s letter, speaking with host Rachel Maddow. In Holder’s letter, Abdulrahman and two other U.S. citizens are described as not “specifically targeted” in the strikes that took their lives — suggesting that perhaps they were killed in a so-called “signature strike” that targets behavior. But Johnson said he thought Holder’s letter could have been more explicit:

JOHNSON: I think you could remove the word specifically from that sentence.

MADDOW: Not targeted at all?

JOHNSON: Not targeted.

MADDOW: They are effectively saying it was an accident.

JOHNSON: We are effectively saying that they were not targeted as part of those specific operations.

MADDOW: But killed anyway.

JOHNSON: But they were, obviously, killed.

Maddow wondered whether Johnson believed that U.S. culpability meant the family of those killed deserved recourse. “That is a very good question,” Johnson said, “I think you should put that to the Department of Justice.”

Nassar al-Awlaki, the father of Anwar and grandfather Abdulrahman, is in the midst of a lawsuit against the U.S. government, alleging that the killing of his son and grandson was unconstitutional. After yesterday’s revelation, a federal judge asked that government lawyers within the next week file a memo on how Holder’s acknowledgement affects the lawsuit.

Prior to Johnson’s statement, the assumption was that Abdulrahman and his friends were killed in what is known as a “signature strike” or “profile strike.” Under the practice, groups of men between 16-55 who meet a certain profile are often considered legitimate targets, often with the U.S. having no concrete knowledge of their identities. There are indications that the practice will be sharply curtailed moving forward, however, as it seems that the same standards applied to the targeted killing of American citizens will be applied to suspected terrorists writ large.

Security

National Security Brief: DOD To Take Over Some CIA Drone Programs

(Credit: CBS News)


The Obama administration is reportedly looking to shift some of the responsibility of U.S. drone operations from the CIA to the Defense Department, in an effort to make part of its counter-terror targeted killing program less secretive and more in line with international law.

It’s unclear at this point what that shift will look like. The Daily Beast reported in March that “the CIA is close to taking a major step toward getting out of the targeted killing business” but Reuters reported on Tuesday that the CIA will keep control of its secret drone program in Pakistan.

The draft document outlining the plans, the Wall Street Journal reports, “reflects a growing consensus within the Obama administration that the long-term future of the program lies with the military, where U.S. officials say it will be on firmer legal footing and be more transparent.”

President Obama is expected to deliver a major speech on Thursday outlining his administration’s counterterrorism policies, including, one White House official said, “our military, diplomatic, intelligence and legal efforts.”

“Barack Obama has got to be concerned about his legacy,” a “former adviser” told the Daily Beast back in March. “He doesn’t want drones to become his Guantánamo.”

In other news:

  • The Washington Post reports: Chinese hackers who breached Google’s servers several years ago gained access to a sensitive database with years’ worth of information about U.S. surveillance targets, according to current and former government officials.
  • The New York Times reports: By late this summer, the State Department plans to send dozens of additional diplomatic security agents to high-threat embassies, install millions of dollars of advanced fire-survival gear and surveillance cameras in those diplomatic posts, and improve training for employees headed to the riskiest missions.
  • The Times also reports: Lebanon reeled Monday from the twin realizations that Hezbollah, the nation’s most powerful military and political organization, was plunging deeper into a war the country has tried to stay out of, and that the group was taking unaccustomed losses.
  • Justice

    Why The Department Of Justice Is Going After The Associated Press’ Records

    Attorney General Eric Holder

    News broke on Monday that the Department of Justice secretly sought phone records of reporters at the Associated Press, likely as part of an investigation into several national security related leaks.

    Last year, the Associated Press reported that an Al Qaeda in the Arabian Peninsula (AQAP) plot had been foiled, thanks to a timely intervention on the part of the United States. The plan, according to the AP’s March 2012 story, involved an upgrade of the “underwear bomb” used in the failed Christmas Day 2009 bomb plot that was meant to take down a passenger airplane in Detroit, MI.

    Why that drew the attention of the Justice Department, however, is that the CIA was the one who foiled the plot, which the AP report made clear:

    The FBI is examining the latest bomb to see whether it could have passed through airport security and brought down an airplane, officials said. They said the device did not contain metal, meaning it probably could have passed through an airport metal detector. But it was not clear whether new body scanners used in many airports would have detected it.

    The would-be suicide bomber, based in Yemen, had not yet picked a target or bought a plane ticket when the CIA stepped in and seized the bomb, officials said. It’s not immediately clear what happened to the alleged bomber.

    AP learned of the plot a week before publishing, but “agreed to White House and CIA requests not to publish it immediately” due to national security concerns. But, by reporting the CIA’s involvement in foiling the plot, they put AQAP on notice that the CIA had a window into their activities. The AP’s reporting also led to other stories involving an operative in place within AQAP, and details of the operations he was involved in. That operative, it was feared, would be exposed and targeted by AQAP as retribution for siding with the United States.

    John Brennan, who is now the head of the CIA, said at his confirmation hearing that the release of information to AP was an “unauthorized and dangerous disclosure of classified information.” That the Department of Justice would be pursuing information on these leaks is also not new, given Attorney General Eric Holder’s appointment of federal prosecutors to look into the disclosures last year. What is surprising is the large amount of information the Justice Department seems to have acquired in its pursuit:

    In all, the government seized those records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown but more than 100 journalists work in the offices whose phone records were targeted on a wide array of stories about government and other matters.

    The Associated Press released its letter to Holder denouncing the invasion of their records without their consent, calling it an “unprecedented step” and “a serious interference with AP’s constitutional rights to gather and report the news.”

    In a statement on the case, the U.S. Attorney’s D.C. office claimed that “because we value the freedom of the press, we are always careful and deliberative in seeking to strike the right balance between the free flow of information and the public interest” in carrying out those laws. Despite that, this investigation appears unusually broad. And the full extent of the Department of Justice investigation, and whether other news outlets were targeted in the course of their inquiries, remains unclear.

    Update

    An earlier version of this story incorrectly stated that the Christmas Day bomb plot took place in 2011. It was actually foiled in 2009.

    NEWS FLASH

    Rights Groups Sue Top U.S. Officials Over Killings Of Americans In Yemen | The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights filed a suit on Wednesday on behalf of survivors of Americans killed in Yemen by U.S. counter-terror attacks. “The killings violated fundamental rights afforded to all U.S. citizens, including the right not to be deprived of life without due process of law” as enshrined in the Fifth Amendment, alleged the suit. At issue are the deaths of alleged terrorists Anwar Awlaki, Abdulrahman Awlaki, and Samir Khan. The suit names as defendants Defense Secretary Leon Panetta, C.I.A. chief Gen. David Petraeus, special operations head Admiral William McRaven, and Joint Special Operations Command head Lt. Gen. Joseph Votel.

    NEWS FLASH

    Red Cross Worker Dies In Yemen Airstrike | A Yemeni staff member of the International Committee of the Red Cross (ICRC) died today in an airstrike in Yemen. It’s not immediately clear if the death of 35-year-old Hussein Saleh was due to Yemeni aircraft attacks or a U.S. drone, but Yemeni forces were reportedly attacking alleged militants in the area. The ICRC was “deeply shocked and dismayed,” the humanitarian relief group said in a statement noting that “circumstances behind this incident remain unclear.”

    NEWS FLASH

    Yemen Army Clashes With Al Qaeda-Linked Groups | Yemen’s army clashed with Al Qaeda-linked groups near the southern city of Lawdar today, leaving at least 34 dead according to official and tribal sources. Nearly 200 people have died since Yemen’s government launched an offensive against Islamic insurgents on Monday. An email statement from Ansar al-Sharia, a group allegedly affiliated with Al Qaeda, claimed that its fighters had launched a rocket at the house of the security chief in the southern city of Aden and killed three security officers in ensuing clashes on Thursday.

    Security

    Rape And The Arab Spring

    Our guest blogger is Elizabeth Marcus, an intern with the National Security team at the Center for American Progress.

    Egyptian women at a demonstration in Tahrir Square

    The Middle East is undergoing dramatic political transformation. Despite the prominent role women have played in organizing these popular movements, the treatment of women in Egypt, Yemen, and Libya, raises serious concern about the future of democracy and human rights in the region. A central issue is the use of rape by both government and non-state forces as an attempt to silence opposition forces. In the context of patriarchal religious societies, rape and sexual violence holds unique potential as a horrific tool of political repression, and its use has been widespread as an attempt to stunt the growth of the Arab Spring.

    Women agitating for political change in these countries face the ever-present threat of sexual abuse and the societal stigma that results from sexual violence in highly patriarchal societies. Unlike physical violence, rape and other forms of sexual violence can permanently damage a woman’s reputation and status within her community. Not only is she considered unfit for marriage but rape causes profound humiliation to the male members of her family and, potentially, her community.

    Rape was used excessively during Moammar Qaddafi’s attempt to remain in power in Libya. Towards the end of his struggle, his regime ordered soldiers to go into villages and rape the female adults and children, some as young as 8 years old, in front of family members. Condoms and Viagra were found in pockets of dead Qaddafi soldiers. Benghazi journalists reported seeing the ground littered with Viagra after troops had been through.

    Rhetoric related to women and sexual violence always comes back to ideas of honor, which is held in the highest regard within Islamic societies. Raping a woman strips the woman, her family, and her community of “honor.” Qaddafi understood this dynamic and used it as a tool to prevent women from organizing opposition to his regime.

    Despite Egypt’s notorious reputation for sexual harassment and violence against women, female activists have been at the forefront of efforts to change Egypt’s political system from the very beginning. Perhaps predictably, Egyptian women have also faced sexual violence as they seek to effect political change.

    On March 9, 2011, just under a month after President Hosni Mubarak’s ouster, protesters returned to Tahrir Square to express frustration with the slow pace of reforms. The Egyptian military broke up the demonstration and arrested demonstrators, including at least 18 women. These women were beaten, charged with prostitution, and forced to submit to “virginity checks.” When confronted, a senior general said, “The girls who were detained were not like your daughter or mine… these were girls who had camped out in tents with male protesters in Tahrir Square.” In a patriarchal religious society in which female sexuality is heavily policed, accusations of promiscuity serve to damage the reputations of female protesters.
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    Security

    Study Shows High Stress Levels Among Drone Operators

    Nearly half of Air Force drone pilots reported high stress levels in a new survey. The stress, linked to long and erratic work hours and a dramatic increase in the use of drones, leads to “high operational stress” for Reaper, Predator and Global Hawk drone pilots. A smaller number — including approximately a quarter of Global Hawk operators — exhibited signs of “clinical stress,” defined as anxiety, depression or stress severe enough to affect an operator’s family life or job performance.

    Drone operators fly missions over Afghanistan, Iran, Yemen, Pakistan and Iraq from bases in Nevada and California. The study — conducted by the Air Force School of Aerospace Medicine at Wright-Patterson Air Force Base in Ohio — found that frequent shift-changes, “mind numbing” monotony, and increasing workloads contributed to the heightened stress levels. Between 65 and 70 percent of drone operators with symptoms of mental illness were not seeking treatment.

    The dramatic growth in the use of drones in recent years has led the Air Force to increase the number of drone pilots but the ratio of pilots to drones remains low. The Pentagon has about 7,000 aerial drones and about 1,100 drone pilots. “There’s just not enough people,” Wayne Chappelle, an Air Force psychologist who helped conduct a six-month study of drone operators from 2010 to 2011, told USA Today. “You have to constantly sustain a high level of vigilance, both visual and auditory information, and that would be really tough to do when there’s a lot of monotony.”

    While Lt. Gen. Larry James, Air Force deputy chief of staff for intelligence, surveillance and reconnaissance, told USA Today that he didn’t think instances of pilot error could attributed to high stress levels among drone operators, instances of pilot error and civilian deaths have increased as drone mission over Afghanistan and Pakistan increase.

    In April, a Predator done killed a Marine and a medic in what appeared to be the first case of “friendly fire” from a drone. And in late October, the drone program drew more negative publicity after 16-year-old Tariq Aziz and his cousin were killed in a drone strike one day after attending a “Waziristan Grand Jirga,” an official meeting, to discuss the impact of drone strikes on communities in Pakistan.

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