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In these jittery times, many Americans see torture as justified.

Events do rush by us in a blur, I know, but let's not abandon Secretary
of State Colin Powell's February 5 UN speech to the graveyard of history
without one last backward glance.

Shortly after Ronald Reagan became President of the United States, the
nation's capital got a second morning newspaper. Eventually, Dr. Ronald
Goodwin, formerly the Rev.

Would-be intelligence watchdogs often lack the knowledge or the will to be effective.

The tax-supported Marshall Center offers more fun and games than war games.

In July the Washington Post, under the headline "Panel Finds No
'Smoking Gun' in Probe of 9/11 Intelligence Failures," reported that the
House and Senate intelligence committees jointly investigating the
September 11 attack had "uncovered no single piece of information that,
if properly analyzed, could have prevented the disaster, according to
members of the panel." With an implied that's-that, the committees then
went on to examine broader matters concerning systemic weaknesses within
the intelligence agencies. That was good news for the cloak-and-dagger
set and the Clinton and Bush administrations. Systemic problems tend to
be treated as no one's fault. The committees were signaling that there
would be no accountability for mistakes made by the spies before
September 11.

In the past year, numerous media accounts have revealed screw-ups,
miscalculations and oversights. The FBI didn't pursue leads on potential
terrorists enrolled at US aviation schools. The CIA had learned that a
suspected terrorist--who would end up on the flight that hit the
Pentagon--was in the United States after attending an Al Qaeda summit,
and it failed to notify the FBI. The CIA didn't act on intelligence
going back to the mid-1990s suggesting that Al Qaeda was interested in a
9/11-type attack. Time magazine noted recently that George W.
Bush's national security team did not respond quickly to a proposal to
"roll back" Al Qaeda.

Hints were ignored and the intelligence system failed, an indication
that reform is vital. To reform effectively, it is necessary to zero in
on specific mistakes as well as big-picture flaws. Yet the
committees--distracted by personnel disputes and a leak
investigation--have not indicated that this sort of comprehensive probe
is under way (the Senate Judiciary Committee did examine the FBI's
handling of its botched investigation into Zacarias Moussaoui, an
alleged 9/11 conspirator, and identified numerous incidents of

While the meandering September 11 inquiry is far from done, in recent
months both committees released little-noticed reports (accompanying the
intelligence budget they approved) showing that the systemic stuff is
pretty awful. The Senate committee observed, "it is very difficult to
determine how much money the Intelligence Community has budgeted for
counterterrorism, counternarcotics and counterproliferation." It
complained that the CIA, the National Security Agency and other
intelligence bureaucracies are not "able to produce auditable financial
statements"; that thousands of intelligence slots in the military go
unfilled each year, including scores of analysis openings at the US
Central Command, which is responsible for the fight against Al Qaeda;
that the intelligence agencies' terrorist databases are a mess; that FBI
training for counterterrorism agents is inadequate. The committee also
groused that the "community" has repeatedly ignored Congressional
requests for information.

The House intelligence committee offered a grimmer assessment. It
maintained that extra funding is being put "into an organizational
framework that gives little indication of being prepared to produce
intelligence capabilities that can address the national security demands
of the future." The committee noted that "significant gaps in the
Community's analytical capabilities are widening, and present
opportunity for further surprise in national security areas." It
implored Bush to act on the findings of a commission led by Brent
Scowcroft, Bush Senior's National Security Adviser, which last year
recommended placing the Pentagon's three largest intelligence-collection
agencies, including the NSA, under control of the director of central
intelligence. With that plea the committee was urging the reversal of a
decades-long trend in which military imperatives--rather than political,
economic or diplomatic concerns--drive the collection and analysis of
intelligence. Defense Secretary Donald Rumsfeld, though, has thwarted
such a shift.

And a House intelligence subcommittee put out a brief September 11
report in July that cited fundamental flaws within the intelligence
bureaucracy. "CIA's problems," it said, "require more than just
expressed commitment from senior CIA managers...the subcommittee will be
looking for deeds rather than words." Did that mean that the
subcommittee, ten months after September 11, was still not persuaded
that the CIA was acting vigorously to correct the institutional defects
that led to the surprise of that day?

Those reports, produced by committees traditionally cozy with the
"community," hardly inspire confidence in the spies. They could cause
one to wonder whether the committees are throwing money (the several
billion dollars added post-9/11 to the classified $30 billion-plus
intelligence budget) at a wasteful and disorganized bureaucracy. And the
problems are probably worse than described. For years, the intelligence
community has been plagued with fragmentation and insufficient
coordination and dominated by military concerns as the bureaucratic
rigor mortis that inhibits unorthodox thinking (as in how to better
understand the world, rather than how to be like Bond) has deepened. Mel
Goodman, a senior CIA analyst for twenty-four years, maintains that the
"analytical culture" at the CIA has "collapsed" over time, leaving the
agency without the ability to conduct effective long-term research and
analysis. And Gregory Treverton, a senior analyst at the RAND
Corporation and former vice chairman of the National Intelligence
Council, notes that within the CIA "an emphasis to be fast and quick
drives out the ability to think longer and harder" about subjects not in
the day's headlines. He sensibly favors transforming the analytical side
of the CIA into a much more open shop that publicly interacts with think
tanks, academics and nongovernmental organizations. "We need to put
together unconventional sets of people to get a deeper understanding,
one with a more historical foundation," Treverton says. "But how that
gets done is the question."

Indeed. How do you get any bureaucracy--particularly a clandestine
one--to behave creatively and responsibly? Inertia and infighting have
often derailed well-intentioned intelligence reform (see Rumsfeld).
Whatever its chances, fundamental reform--including demilitarizing
intelligence, reshaping the bureaucracy and transforming internal
values--is unlikely in the absence of a thorough, as-public-as-possible
investigation into the errors of September 11, large and small.

Taking on the intelligence community (and forcing a transformation)
appears to be too much for the committees, which have been slow to hold
public hearings. They have politely issued complaints, but they mostly
have eschewed fingerpointing for handwringing. In a slap at the
committees in July, the House approved legislation to establish an
independent commission to examine September 11 intelligence issues. In
the Senate, Joe Lieberman and John McCain have been pushing an
independent review that would also dissect transportation security and
diplomatic and military matters. The less than impressive performance of
the intelligence committees "has made people in both houses look at the
independent commission bill again," says one Democratic Congressional
aide. The Administration opposes such a panel.

In February CIA chief George Tenet testified that the agency had done no
wrong regarding 9/11, and that the attack was not due to a "failure of
attention, and discipline, and focus, and consistent effort." The
committees ought to question his grip on reality. Yet they don't seem
eager to disprove Tenet or to probe or challenge the covert bureaucracy.
They show no signs of exploring all the intelligence and policy errors
related to September 11. And so, they are unlikely to fix them.

The $4.4 million damages award in June against FBI agents and Oakland
police for violating the constitutional rights of environmental
activists Darryl Cherney and Judi Bari, wrongly accused of terrorism in
1990, represents more than the culmination of a twelve-year struggle for
vindication. The case also highlights the risks of today's antiterrorism
measures and offers lessons both daunting and encouraging about the
years ahead.

In May 1990, an explosion tore through the car carrying Earth First!
organizers Bari and Cherney. Bari suffered a fractured pelvis; Cherney,
less serious injuries. They assumed the bombing was the work of
antienvironmentalists, meant to disrupt planning for the Redwood Summer
of civil disobedience against the logging of old-growth forest.

The FBI Joint Terrorist Task Force jumped to quite a different
conclusion. As soon as Bari and Cherney were identified, the FBI
informed the local police and leaked to the press that the pair were
terrorists. The authorities claimed that Bari must have made the bomb
herself and that it had accidentally exploded while the two were
carrying it to an unknown target. Bari was placed under arrest in her
hospital bed. Police and FBI agents searched houses in Oakland where
Bari and Cherney had stayed and questioned their fellow activists. Over
the next two months, until the government announced it would not charge
the two environmentalists, the local police and the FBI continued to
call them terrorists.

Only after years of litigation did the truth emerge: The FBI, before the
bombing, had been investigating Bari and Cherney because of their
political activism. When the bomb went off, the FBI shaded the facts to
fit an ideological presumption of guilt. It was also revealed that the
FBI, even after Bari and Cherney had been cleared, collected data
nationwide on hundreds of individuals and groups merely on the basis of
their association with the two Earth First! activists.

The case demonstrates how the truth will come out when the judiciary
fulfills its constitutional role. With patience, skill and funding,
committed activists and lawyers can bring accountability to the FBI.
Just as Bari and Cherney won, just as the secret evidence cases brought
after the 1996 antiterrorism law melted in the face of judicial
challenges, so the material witness detentions and other rights
violations of today will ultimately be held unconstitutional. But the
FBI and the Justice Department will resist oversight and use secrecy and
delaying tactics to evade accountability, prolonging personal and
political damage. Justice was too late for Judi Bari. She died of cancer
in 1997.

The most sobering lesson of the Bari-Cherney case may be this: The FBI's
focus on politics over hard evidence meant that the real bomber was
never captured. In the same way, the Attorney General's recent
announcement that the FBI can monitor meetings and groups with no prior
suspicion of criminal conduct is likely to take the FBI down the path of
investigations based on politics, ethnicity or religion, while real
terrorists escape detection.

The timing of George W. Bush's proposal for a Cabinet-level Department
of Homeland Security--hastily unveiled when revelations about FBI lapses
were hitting the front pages--smacks of high-level damage control. And
it was followed by the announcement of the arrest in May of a
Brooklyn-born Al Qaeda plotter who allegedly intended to set off a
"dirty" bomb. This convenient coup was touted as an example of
cooperation between the FBI and the CIA and used to bolster support for
the Bush plan. Nevertheless, consolidating agencies that deal with the
issues of domestic security and reducing bureaucratic rivalry and lack
of direction make sense, if done right.

To be sure, reorganizing twenty-two agencies with 169,000 employees by
Bush's deadline of January 1, 2003, seems a staggering task.
Eighty-eight Congressional committees and subcommittees oversee the
components of the new department, and the turf wars will be fierce. And
Bush's legislative timetable nicely serves his political one: He'd love
to see the subject monopolize the Congressional agenda in the run-up to
the fall election, eclipsing the Democrats' potent issues.

Politics aside, many questions occur at the outset of the debate on the
new department. How, for example, will it solve the shortcomings of
intelligence gathering and dissemination and the endemic rivalry between
the FBI and the CIA? Will it be charged with coordinating intelligence
collection by other agencies or will it be merely a "consumer" of their

And what of the non-national security functions of some of the agencies
slated to be aggrandized into the new DHS, like FEMA, first responder to
natural disasters? Will those worthy activities be relegated to
secondary importance? As Representative John Conyers Jr. asks, if
immigration is brought under the new department, what happens to the
right of political asylum when applicants are reviewed under the
criteria of national security?

These are a few of the hard questions related to mission and chain of
command that must be dealt with by Congress. Pace Bush campaign
rhetoric, government can work effectively for the public good,
but if this project is to succeed, Congress members should not let
themselves be rushed by a re-election-conscious Administration or
bullied into swallowing criticisms by charges that they're impeding the
war effort. Issues of privacy and civil rights should be vigorously
raised. The Ashcroft Justice Department's heavy-handed immigration
crackdown, for example, should be dropped in the trashcan. Such measures
are both an affront to civil liberties and will alienate the Arab
community--the best source of intelligence on Al Qaeda ops among us.

Homeland security does not mean building a better Fortress America. It
means building a better world. US pressure on Israel and Palestine to
achieve a just Middle East settlement would remove one of the main
irritants breeding hatred of America. Verifiable nuclear disarmament and
deterrence will more surely promote international stability than Bush's
pre-emptive war doctrine. Improving the lives of the world's poor--122
million people will die by 2015 of hunger-related causes--will weaken
terrorist support systems more effectively in the long run than sending
in US Special Forces. Homeland security is a global matter.

The question is not the 1970s cliché, What did the President know
and when did he know it? The appropriate query is, What did US
intelligence know--and what did the President know and do about that?
The flap over the August 6, 2001, intelligence briefing of George W.
Bush--in which he was told that Osama bin Laden's Al Qaeda network was
interested in hijackings and looking to strike the United States
directly--should not have focused on whether the President ignored that
information and missed the chance to prevent the September 11 strikes.
Still, a political dust-up ensued, as the White House, overreacting to
the overreaction of the Democrats, went into full spin mode. The crucial
issue was broached when National Security Adviser Condoleezza Rice
stated, "I don't think anybody could have predicted that these people
would take an airplane and slam it into the World Trade Center."

Actually, it was predicted, and the recent hullabaloo called
attention to the sad fact that the Clinton and the Bush II national
security establishments did not heed hints going back to 1995. In that
year a terrorist arrested in the Philippines said bin Laden operatives
were considering a plot to bomb airliners and fly a plane into CIA
headquarters--information shared with the United States. Two weeks
before that arrest, Algerian terrorists linked to Al Qaeda hijacked a
plane, hoping to crash it into the Eiffel Tower (French commandos killed
the hijackers at a refueling stop).

From 1995 on, US intelligence and the military should have taken steps
to detect and prevent a 9/11-like scheme. There was enough information
in the system to cause the US air command to draw up plans for dealing
with an airliner-turned-missile and to prompt the CIA and the FBI (and
other intelligence outfits) to seek intelligence related to plots of
this type. Apparently nothing of the sort happened. Not even when
terrorism experts continued to raise airliner attacks as a possibility.
In 1998 terrorism analysts briefed Federal Aviation Administration
security officials on scenarios in which terrorists flew planes into US
nuclear plants or commandeered Federal Express cargo planes and crashed
them into the World Trade Center, the Pentagon, the White House, the
Capitol and other targets. In 1999 a report prepared for the National
Intelligence Council noted that Al Qaeda suicide bombers could fly an
aircraft filled with explosives into the Pentagon, CIA headquarters or
the White House.

In 2001 the FBI--not looking for signs of a suicide-bombing plot--failed
to recognize the significance of information its agents received while
investigating foreign students at a Phoenix flight school and Zacarias
Moussaoui, a French national enrolled in a Minnesota aviation school,
later charged with participating in the 9/11 conspiracy. In July Italian
authorities warned the United States that bin Laden agents might try to
attack Bush and other Western leaders at the Genoa summit using an

True, these leads were small pieces of data among the massive amounts of
material swept up by the sprawling intelligence system. But what's the
point of spending more than $30 billion annually on spies and high-tech
eavesdropping if the system can't sort out the valuable nuggets?
Hindsight is indeed easy. The Bush and Clinton administrations, based on
what's now known, don't deserve to be faulted for not discovering the
9/11 plot. But both failed to oversee the intelligence and
law-enforcement communities and make sure they were pointed in the right

There is evidence that the Bush team didn't move quickly on the
counterterrorism front. Newsweek reported that Attorney General
John Ashcroft prodded the FBI to concentrate on violent crime, drugs and
child porn more than on counterterrorism (a story the Justice Department
denied). And Defense Secretary Donald Rumsfeld threatened to veto a move
that shifted $600 million from the anti-ballistic missile program to
antiterrorism. Was there a counterterrorism policy delay? Other
questions linger. In July 2001 Richard Clarke, then the National
Security Council official in charge of counterterrorism, put out an
urgent alert, placing the government at its highest state of readiness
for a possible terrorist attack. The alert faded six weeks later. What
triggered it? What caused the stand-down? Should there have been a

The multiple failures of policy, imagination and coordination over two
administrations should be investigated. To assign blame? Accountability
does have its place in a democracy. The public has a right to know who
messed up and to be assured that those who did aren't in a position to
commit further mistakes. The point, of course, is to learn from those
mistakes and to be able to tell the public the failures have been
addressed. Does the intelligence system deserve more billions, as Bush
has requested, without demonstrating that it can use the money wisely?

After 9/11 the Bush Administration didn't rush to examine what went
wrong. We're too busy fighting the war, it said, while urging Congress
not to pursue the matter. Belatedly, Congress authorized a joint
investigation by the House and Senate intelligence committees, two
panels that traditionally have been cozy with the intelligence crowd.
That probe has gotten off to a terrible start--the investigators
fighting among themselves over whether to examine government failures or
to concentrate on how best to reorganize the intelligence system and
accusing the CIA and the Justice Department of not cooperating. One
positive consequence of the maelstrom over the August 6 briefing is that
it has prompted more calls for an independent commission, which Senators
John McCain and Joseph Lieberman have been advocating. Yet so far no
inquiry is committed to mounting a no-holds-barred examination and to
conducting as much of it as possible in public.

"I don't have any problem with a legitimate debate over the performance
of our intelligence agencies," said Vice President Cheney. But he has
opposed sharing the August 6 briefing with Congress. How can there be
worthwhile debate without information? After all, the recent tussle
began when the press sensed that the White House had withheld a
significant--or intriguing--fact. And how can there be information
without investigation? The issue is not what Bush knew--but why he
didn't know, and whether his Administration took sufficient steps before
and after that awful day to deal with the failings of the agencies that
are supposed to thwart and protect.

George W. Bush, it is true, did not create the FBI's smug, insular,
muscle-bound bureaucracy or the CIA's well-known penchant for loopy spy
tips and wrongheaded geopolitical analysis. But the President is now in
the political cross-hairs for the failures of these agencies in
identifying and understanding terrorist threats. And what's wrong with
that? Bush is President, after all, and it is mildly amusing to hear the
conservative claque plead excusable ignorance or the complexities of
governing as his alibi. The trouble is, this failure is too serious to
amuse. The ineptitude preceding September 11 arguably heightens the
gravest, most immediate threat to national security because, while the
dangers may lurk in the twilight zone, they can, as we learned, turn
real. Yet this nation is relying on two intelligence agencies that don't
even wish to talk to each other--and that not only failed to anticipate
September 11 but that have also failed to locate Osama bin Laden, the
man George W. Bush said he wanted "dead or alive," or to identify the
anthrax killer.

Instead of expressing a little executive impatience, even anger at
possible misfeasance, this President responds, once again, by calling
for more secrecy in government, more silence from his critics. And we're
not the only ones to suspect a connection between the cascade of
Administration warnings about new threats and its wish to turn the
public's gaze away from its shortcomings.

The imperative now is to get a down-to-business accounting of the
negligence or inertia that preceded September 11--a systematic inquiry
that is not a headhunting exercise but could begin the long-overdue
reformation of FBI and CIA operating practices. Whether this is the
Congressional investigation already under way or a new independent
commission such as Senator Daschle wants, the results will be persuasive
only if the public learns a lot more, not less, about how to cope with
this new era of shadowy threats. Also needed are elected officials
willing to ask the Administration tough questions--fearlessly, in public
forums, with no thought as to whether Dick Cheney will brand them as

If Bush were a leader of more substance, he would understand that a
thorough ventilation is in his self-interest, both politically and
otherwise. His green-yellow-red warning code is already a joke. Should
terrorists indeed attack again, a rattled populace may begin to wonder,
What did the President know? Where was the Vice President hiding? If
Americans are going to have to live with uncertainty for a long time,
then the government owes them a grown-up conversation on the
complexities, what is known and knowable, what is not. People can handle
straight talk, but that's not what they are getting.

This President used last fall's tragedy to pump himself up as the
resolute warrior who tossed complexity into the trash can. Bush's
I'm-gonna-get-you rhetoric described an open-ended series of
battlefields ahead and did wonders for his ratings. But the complicated
counterrealities have already blurred that picture, just as the recent
revelations greatly diminish his luster as the straight-talking cowboy.
Now he wants Americans to appreciate the gray areas and accept that some
facts are unknowable. And please, don't ask any more questions of your
leader, because it's unpatriotic.

Just one question, Mr. President: What else didn't you tell us after
September 11?


Because if he told them, he’d have to kill them. Wait. He did.

February 6, 2013

The leaked Department of Justice “white paper” attempts to justify the killing of American citizens, but what really has died is the rule of law.

February 6, 2013

A slippery slope that ought to scare us all.

February 5, 2013

Two breaking stories—a report on CIA secret detentions and the “white paper” on killing American citizens—incriminate the Obama administration before the confirmation hearings on Thursday.

February 5, 2013

With covert ops and drone warfare on the rise, we have to ask ourselves about how we fight terrorism.

January 28, 2013

The Washington Post investigative piece is truly frightening. The “Global War on Terror” goes on and on. 

October 24, 2012

A Tanzanian man was detained and tortured by US officials in Afghanistan on suspicion of terror. But he was completely innocent. 

July 6, 2012

How US counterterrorism strategy in Yemen is actually counterproductive.

May 17, 2012

Barack Obama’s general election campaign wasted no time in playing the bin Laden card against Mitt Romney.

April 27, 2012

While Rick Perry hails the president's authorization of the killing of two Americans in Yemen, Paul rejects “assassinating American citizens without charges.”

October 1, 2011