Live in Obedient Fear, Citizen

With an explosion in accusations of abuse in the execution of their duties, the Department of Immigration and Customs Enforcement (ICE) has come up with a novel solution, it wants to destroy all of its records, much like the British Colonial Dervices when they covered up their brutality as they exited former colonies in Operation Legacy:

Immigration and Customs Enforcement recently asked the National Archives and Record Administration (NARA), which instructs federal agencies on how to maintain records, to approve its timetable for retaining or destroying records related to its detention operations. This may seem like a run-of-the-mill government request for record-keeping efficiency. It isn’t. An entire paper trail for a system rife with human rights and constitutional abuses is at stake.

ICE has asked for permission to begin routinely destroying 11 kinds of records, including those related to sexual assaults, solitary confinement and even deaths of people in its custody. Other records subject to destruction include alternatives to detention programs; regular detention monitoring reports, logs about the people detained in ICE facilities and communications from the public reporting detention abuses. ICE proposed various timelines for the destruction of these records ranging from 20 years for sexual assault and death records to three years for reports about solitary confinement.

How convenient.

Well, We Finally Knows What Makes a Federal Judge Call Bullsh%$ on the FBI

The FBI was saying that it needed 17 years to accomodate a Freedom of Information Act request.

The judge was having none of it:

Getting answers to Freedom of Information Act requests is often a protracted and tiring process, but how long a wait is too long?

One federal judge just came up with an answer: 17 years.

U.S. District Judge Gladys Kessler bluntly rejected the Federal Bureau of Investigation’s proposal that documentary filmmaker Nina Seavey wait until the year 2034 to get all the law enforcement agency’s records for a request pertaining surveillance of anti-war and civil rights activists in the 1960s and 1970s.

The request involved an unusually large amount of material — about 110,000 pages of records at the FBI and more at other agencies — but Seavey said waiting almost two decades for the complete files wasn’t viable for her.

You can run the numbers: 110,000 pages taking 17 years with 50 weeks a year working 5 days a week, and you hve a processing rate of less than 26 pages a day.

This is bullsh%$, and it's a coverup in an attempt to protect the reputation of J. Edgar Hoover, who should be remembered primarily as a Lavrentiy Pavlovich Beria

“Literally, they were talking 17 years out. I’m 60 years old. You can’t do that math,” the George Washington University professor and documentarian told POLITICO this week. “It wasn’t going to work for me.”

The FBI said it has a policy of processing and releasing large requests at a pace of 500 pages a month, while Seavey, represented by D.C. transparency lawyer Jeffrey Light, had proposed 5,000 pages a month. (At one point, the FBI thought it had about 150,000 pages of responsive records, which would’ve meant a 25-year wait.)

Justice Department lawyers and the FBI argued that going faster than 500 pages a month would disrupt the agency’s workflow and create the possibility of a few massive requests effectively shutting down the rest of the their FOIA operation.

Kessler didn’t buy it.

………

Ultimately, Kessler ordered the FBI to process 2,850 pages a month, which should get Seavey the records she’s seeking within three years.

………

It’s not the first FOIA case to produce staggering estimates of how long the government would need to make records public. Last year, the State Department rebuffed a request for emails of aides to former Secretary of State Hillary Clinton, saying it could take 75 years to work through the material.

Yeah, that's a f%$3ing coverup too, but tragically, it was a coverup of basically nothing driven by unreasoning paranoia, which created the appearance of guilt.

They Have Learned Nothing, and They Have Forgotten Nothing*

We now have a report on the the police response that created the rioting in Baltimore.

It appears that excessively aggressive police actions, including when the police kettled large numbers of  students leaving high schools at the end of the day at Mondawmin in an misguided attempt at dick swinging, are not on the agenda:

As rioting erupted on Baltimore's streets in April, the city police Command Center — where top decision-makers had gathered to get a handle on the situation — was itself in disarray, according to a new review of the agency's response to the unrest.

In a room designed to hold 30 to 40 people, as many as 100 had gathered, some without a clear role. The crowding was so severe that the department's 10-person Analytical Intelligence Section, which was charged with developing information that could help the department deploy resources and anticipate threats, was blocked from its own equipment — and provided just two computers to do its work. The room was so loud the analysts could barely hear threat tips being relayed to them over the phone.

That environment, described as "chaotic" and "distracting" by some in the room, was just one of many "major shortcomings" in the Baltimore Police Department's handling of the unrest, according to a sweeping review by the Police Executive Research Forum, a highly regarded law enforcement think tank based in Washington.

The group's 79-page report, which then-Commissioner Anthony W. Batts requested this summer, is scheduled to be released publicly on Monday but was provided to The Baltimore Sun.

The report — titled "Lessons Learned from the 2015 Civil Unrest in Baltimore" — provides new critiques of key top-level decisions and details that bolster previous criticism. It also highlights continuing gaps in knowledge about how the worst of the rioting, looting and arson erupted, noting that reviewers were "unable to determine who issued the order to cancel bus service" at Mondawmin Mall on April 27 — a decision that left many students stranded in the area that day.

The report detailed a long list of "major findings," reflected in 56 recommendations for the Police Department to implement. It said planning was inadequate, arrest policies were unclear, equipment was severely lacking, officer training was inadequate, mutual aid agreements with other localities were insufficient or unclear, and orders to officers were not clearly defined. Command positions were also changed at times without notice, causing confusion, the report said.

This is rearranging the deck chairs on the Titanic.

They cannot find out who gave the order to kettle what were primarily students trying to get home because it was a relatively low level functionary who has gotten his friends to cover for him, and they are covering for him, because these officers believe that it is essential for them to be kept in their place.

They thought that they were justified in taunting a bunch of adolescent teens and confining them for no reason because they were "Uppity."

Unfortunately, this deeply toxic mindset is the rule, rather than the exception in policing in the United States.

You can find the full report here.

^*This is frequently attributed to the French stateman Tallyrand, but he is not the source.

Feinstein* Accuses the CIA of Using Redactions to Muzzle Torture Report

This is what Dianne Feinstein means when she says that "certain redactions eliminate or obscure key facts that support the report’s findings and conclusions."

I would start getting my ducks in a row about having the Senate intelligence committee releasing the report unilaterally, because it is clear that neither the CIA, nor Barack Obama have the slightest interest interest in the public's right to know here:

The key senator behind a landmark congressional investigation into the CIA’s use of torture has rejected redactions made by the Obama administration ahead of a planned public release of the politically charged report.

In the latest struggle between senator Dianne Feinstein, the California Democrat who chairs the intelligence committee, and the CIA, Feinstein said she would delay a heavily anticipated disclosure of portions of the report in an attempt to reverse redactions that “eliminate or obscure key facts that support the report’s findings and conclusions”.

“Until these redactions are addressed to the committee’s satisfaction, the report will not be made public,” said Feinstein, who added that she intended to outline the committee’s desired disclosures in a private letter to President Barack Obama.

Another powerful senator and Obama ally, Carl Levin, the Michigan Democrat who chairs the armed services committee and who spearheaded his own investigation into US military torture, called the redactions “totally unacceptable.”

Spencer Ackerman's analysis at this point becomes rather chilling:

Clapper left the door open to a “constructive dialogue with the committee.” In an indication of the deep strains between the committee and the CIA, that dialogue is largely brokered by the White House, which is attempting to balance the competing interests of both powerful entities while each looks to Obama for support.

So, apparently, the f%$#ing US state security apparatus is now a branch of government coequal to the Executive and the Congress, and, if the constant assertions of the State Secrets Privilege by the DoJ, the judiciary as well.

They aren't, and the fact that the CIA is defying the Senate committee charged with overseeing their actions is wrong from almost every perspective.

^*Full disclosure, my great grandfather, Harry Goldman, and her grandfather, Sam Goldman were brothers, though we have never met, either in person or electronically.

Full statement from her office after the break:

Aug 05 2014
Feinstein Statement on Redactions in Detention, Interrogation Study

Washington—Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.) today released the following statement on the committee study of the CIA’s detention and interrogation program:

“After further review of the redacted version of the executive summary, I have concluded that certain redactions eliminate or obscure key facts that support the report’s findings and conclusions. Until these redactions are addressed to the committee’s satisfaction, the report will not be made public.

“I am sending a letter today to the president laying out a series of changes to the redactions that we believe are necessary prior to public release. The White House and the intelligence community have committed to working through these changes in good faith. This process will take some time, and the report will not be released until I am satisfied that all redactions are appropriate.

“The bottom line is that the United States must never again make the mistakes documented in this report. I believe the best way to accomplish that is to make public our thorough documentary history of the CIA’s program. That is why I believe taking our time and getting it right is so important, and I will not rush this process.”

(Emphasis original)

Barack Obama Just Admitting to Covering Up Crimes Against Humanity, Which is a Crime Against Humanity

Barack Obama has blithely stated that, "We tortured some folks," but continues to insist that there will not be any sort of accountability for this:

In startlingly blunt phrasing, President Obama on Friday acknowledged the CIA’s use of brutal interrogation tactics in the years after the Sept. 11 attack, even as he defended the agency’s top spy, who is a veteran of the era.

“We tortured some folks,” Obama said to reporters during a news conference Friday. “We did some things that were contrary to our values.”

………

He sought to put the interrogation program in context, recalling Americans’ fear after the Sept. 11 attacks and the “enormous pressure” on law enforcement to prevent more attacks.

“You know, it is important for us not to feel too sanctimonious in retrospect about the tough job that those folks had,” Obama said. “And a lot of those folks were working hard under enormous pressure and are real patriots.”

No, they weren't patriots, they were "Good Germans".

He also further makes it clear that not only will there be no prosecution of torturers, there won't even be a real investigation of who gave the orders.

As Richard Nixon's head in a jar might attest to, sometimes it's the cover up that constitutes a crime, and Obama has thrown his lot in with the coverup.

Whoever performed, authorized, or ordered torture, at a very minimum, should be stripped of their security clearances and fired.  (I would argue that the same should apply to those who did not report torture through the chain of command)

He was forced to make this statement, since the Senate report on this reveals that the torture was more common and more brutal than was reported to Congress of the public, as well as the fact that it never produced meaningful actionable intelligence.

It is also important to note that many of the people tortured were guilty of nothing, and had just been swept up in a panic driven dragnet and bounty program.

Finally, it should be noted that torture comes home.  National guardsman who observe or participate in torture, and then come home to work in civilian law enforcement, are more likely to engage in torture themselves.

Prosecution, and public shaming, are essential to stopping this.

Maybe Because They do not Want to be Revealed as Sociopathic Sadists?

This would explain why the CIA has consistently lied about both the effectiveness and the extent of its torture program:

A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.

The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Current and former U.S. officials who described the report spoke on the condition of anonymity because of the sensitivity of the issue and because the document remains classified. The 6,300-page report includes what officials described as damning new disclosures about a sprawling network of secret detention facilities, or “black sites,” that was dismantled by President Obama in 2009.

Classified files reviewed by committee investigators reveal internal divisions over the interrogation program, officials said, including one case in which CIA employees left the agency’s secret prison in Thailand after becoming disturbed by the brutal measures being employed there. The report also cites cases in which officials at CIA headquarters demanded the continued use of harsh interrogation techniques even after analysts were convinced that prisoners had no more information to give.

(emphasis mine)

Also, the techniques used were far worse than previously revealed.

We now understand why the CIA has bee pushing back against the Senate Intelligence Committee. 

It's one thing to argue that it was a necessary evil that yielded results, it's another that the policies were prosecuted out of nothing more than a sadistic need to prove how macho they are.

Truth be told, I am not surprised.  This sort of narcissistic cruelty is something that I would expect to have originated from the mind of one Richard Bruce Cheney.

The problem is that for the entire Bush-Cheney years, being a sadistic torturer, or at least pretending to be one, was the only way for advancement in the CIA, and Obama has done nothing to clean house since then.

This means that the upper echelons of the CIA need to cover up this at all cost, or they will be sidelined.

Torture comes home, nu?

Somewhere Out There, J. Edgar Hoover is Laughing

Last night, Rachel Maddow had an update on the suspicious shooting of unarmed Ibragim Todashev in his own apartment while questioning him about his relationship with alleged Boston bombers Tamerlan and Dzhokhar Tsarnaev.

The FBI is still sitting on their report.

They are still forbidding the coroner from releasing his report.

They have detained, deported, or otherwise excluded everyone who knew Todashev, as Maddow details below.

The FBI is clearly engaged in an aggressive coverup, and the only thing that I can think of that they would feel necessary to cover up was that the Tsarnaev brothers were a part of a botched anti-terrorism sting that went very, very bad.

I guess that I am wearing my tinfoil hat today.