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Obama moves to make the War on Terror permanent "'disposition matrix"

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« on: October 27, 2012, 05:40:44 am »

Obama moves to make the War on Terror permanentComplete with a newly coined, creepy Orwellian euphemism – 'disposition matrix' – the administration institutionalizes the most extremist powers a government can claim


A primary reason for opposing the acquisition of abusive powers and civil liberties erosions is that they virtually always become permanent, vested not only in current leaders one may love and trust but also future officials who seem more menacing and less benign.

The Washington Post has a crucial and disturbing story this morning by Greg Miller about the concerted efforts by the Obama administration to fully institutionalize – to make officially permanent – the most extremist powers it has exercised in the name of the war on terror.

Based on interviews with "current and former officials from the White House and the Pentagon, as well as intelligence and counterterrorism agencies", Miller reports that as "the United States' conventional wars are winding down", the Obama administration "expects to continue adding names to kill or capture lists for years" (the "capture" part of that list is little more than symbolic, as the US focus is overwhelmingly on the "kill" part). Specifically, "among senior Obama administration officials, there is broad consensus that such operations are likely to be extended at least another decade." As Miller puts it: "That timeline suggests that the United States has reached only the midpoint of what was once known as the global war on terrorism."

In pursuit of this goal, "White House counterterrorism adviser John O Brennan is seeking to codify the administration's approach to generating capture/kill lists, part of a broader effort to guide future administrations through the counterterrorism processes that Obama has embraced." All of this, writes Miller, demonstrates "the extent to which Obama has institutionalized the highly classified practice of targeted killing, transforming ad-hoc elements into a counterterrorism infrastructure capable of sustaining a seemingly permanent war."

The Post article cites numerous recent developments reflecting this Obama effort, including the fact that "CIA Director David H Petraeus is pushing for an expansion of the agency's fleet of armed drones", which "reflects the agency's transformation into a paramilitary force, and makes clear that it does not intend to dismantle its drone program and return to its pre-September 11 focus on gathering intelligence." The article also describes rapid expansion of commando operations by the US Joint Special Operations Command (JSOC) and, perhaps most disturbingly, the creation of a permanent bureaucratic infrastructure to allow the president to assassinate at will:

"JSOC also has established a secret targeting center across the Potomac River from Washington, current and former U.S. officials said. The elite command's targeting cells have traditionally been located near the front lines of its missions, including in Iraq and Afghanistan. But JSOC created a 'national capital region' task force that is a 15-minute commute from the White House so it could be more directly involved in deliberations about al-Qaeda lists."

The creepiest aspect of this development is the christening of a new Orwellian euphemism for due-process-free presidential assassinations: "disposition matrix". Writes Miller:

"Over the past two years, the Obama administration has been secretly developing a new blueprint for pursuing terrorists, a next-generation targeting list called the 'disposition matrix'.

"The matrix contains the names of terrorism suspects arrayed against an accounting of the resources being marshaled to track them down, including sealed indictments and clandestine operations. US officials said the database is designed to go beyond existing kill lists, mapping plans for the 'disposition' of suspects beyond the reach of American drones."

The "disposition matrix" has been developed and will be overseen by the National Counterterrorism Center (NCTC). One of its purposes is "to augment" the "separate but overlapping kill lists" maintained by the CIA and the Pentagon: to serve, in other words, as the centralized clearinghouse for determining who will be executed without due process based upon how one fits into the executive branch's "matrix". As Miller describes it, it is "a single, continually evolving database" which includes "biographies, locations, known associates and affiliated organizations" as well as "strategies for taking targets down, including extradition requests, capture operations and drone patrols". This analytical system that determines people's "disposition" will undoubtedly be kept completely secret; Marcy Wheeler sardonically said that she was "looking forward to the government's arguments explaining why it won't release the disposition matrix to ACLU under FOIA".

This was all motivated by Obama's refusal to arrest or detain terrorist suspects, and his resulting commitment simply to killing them at will (his will). Miller quotes "a former US counterterrorism official involved in developing the matrix" as explaining the impetus behind the program this way: "We had a disposition problem."

The central role played by the NCTC in determining who should be killed – "It is the keeper of the criteria," says one official to the Post – is, by itself, rather odious. As Kade Crockford of the ACLU of Massachusetts noted in response to this story, the ACLU has long warned that the real purpose of the NCTC – despite its nominal focus on terrorism - is the "massive, secretive data collection and mining of trillions of points of data about most people in the United States".

In particular, the NCTC operates a gigantic data-mining operation, in which all sorts of information about innocent Americans is systematically monitored, stored, and analyzed. This includes "records from law enforcement investigations, health information, employment history, travel and student records" – "literally anything the government collects would be fair game". In other words, the NCTC - now vested with the power to determine the proper "disposition" of terrorist suspects - is the same agency that is at the center of the ubiquitous, unaccountable surveillance state aimed at American citizens.

Worse still, as the ACLU's legislative counsel Chris Calabrese documented back in July in a must-read analysis, Obama officials very recently abolished safeguards on how this information can be used. Whereas the agency, during the Bush years, was barred from storing non-terrorist-related information about innocent Americans for more than 180 days – a limit which "meant that NCTC was dissuaded from collecting large databases filled with information on innocent Americans" – it is now free to do so. Obama officials eliminated this constraint by authorizing the NCTC "to collect and 'continually assess' information on innocent Americans for up to five years".

And, as usual, this agency engages in these incredibly powerful and invasive processes with virtually no democratic accountability:

"All of this is happening with very little oversight. Controls over the NCTC are mostly internal to the DNI's office, and important oversight bodies such as Congress and the President's Intelligence Oversight Board aren't notified even of 'significant' failures to comply with the Guidelines. Fundamental legal protections are being sidestepped. For example, under the new guidelines, Privacy Act notices (legal requirements to describe how databases are used) must be completed by the agency that collected the information. This is in spite of the fact that those agencies have no idea what NCTC is actually doing with the information once it collects it.

"All of this amounts to a reboot of the Total Information Awareness Program that Americans rejected so vigorously right after 9/11."

It doesn't require any conspiracy theorizing to see what's happening here. Indeed, it takes extreme naiveté, or wilful blindness, not to see it.

What has been created here - permanently institutionalized - is a highly secretive executive branch agency that simultaneously engages in two functions: (1) it collects and analyzes massive amounts of surveillance data about all Americans without any judicial review let alone search warrants, and (2) creates and implements a "matrix" that determines the "disposition" of suspects, up to and including execution, without a whiff of due process or oversight. It is simultaneously a surveillance state and a secretive, unaccountable judicial body that analyzes who you are and then decrees what should be done with you, how you should be "disposed" of, beyond the reach of any minimal accountability or transparency.

The Post's Miller recognizes the watershed moment this represents: "The creation of the matrix and the institutionalization of kill/capture lists reflect a shift that is as psychological as it is strategic." As he explains, extra-judicial assassination was once deemed so extremist that very extensive deliberations were required before Bill Clinton could target even Osama bin Laden for death by lobbing cruise missiles in East Africa. But:

Targeted killing is now so routine that the Obama administration has spent much of the past year codifying and streamlining the processes that sustain it.

To understand the Obama legacy, please re-read that sentence. As Murtaza Hussain put it when reacting to the Post story: "The US agonized over the targeted killing Bin Laden at Tarnak Farms in 1998; now it kills people it barely suspects of anything on a regular basis."

The pragmatic inanity of the mentality driving this is self-evident: as I discussed yesterday (and many other times), continuous killing does not eliminate violence aimed at the US but rather guarantees its permanent expansion. As a result, wrote Miller, "officials said no clear end is in sight" when it comes to the war against "terrorists" because, said one official, "we can't possibly kill everyone who wants to harm us" but trying is "a necessary part of what we do". Of course, the more the US kills and kills and kills, the more people there are who "want to harm us". That's the logic that has resulted in a permanent war on terror.

But even more significant is the truly radical vision of government in which this is all grounded. The core guarantee of western justice since the Magna Carta was codified in the US by the fifth amendment to the constitution: "No person shall . . . be deprived of life, liberty, or property, without due process of law." You simply cannot have a free society, a worthwhile political system, without that guarantee, that constraint on the ultimate abusive state power, being honored.

And yet what the Post is describing, what we have had for years, is a system of government that – without hyperbole – is the very antithesis of that liberty. It is literally impossible to imagine a more violent repudiation of the basic blueprint of the republic than the development of a secretive, totally unaccountable executive branch agency that simultaneously collects information about all citizens and then applies a "disposition matrix" to determine what punishment should be meted out. This is classic political dystopia brought to reality (despite how compelled such a conclusion is by these indisputable facts, many Americans will view such a claim as an exaggeration, paranoia, or worse because of this psychological dynamic I described here which leads many good passive westerners to believe that true oppression, by definition, is something that happens only elsewhere).

In response to the Post story, Chris Hayes asked: "If you have a 'kill list', but the list keeps growing, are you succeeding?" The answer all depends upon what the objective is.

As the Founders all recognized, nothing vests elites with power – and profit – more than a state of war. That is why there were supposed to be substantial barriers to having them start and continue - the need for a Congressional declaration, the constitutional bar on funding the military for more than two years at a time, the prohibition on standing armies, etc. Here is how John Jay put it in Federalist No 4:

"It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it; nay, absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people."

In sum, there are factions in many governments that crave a state of endless war because that is when power is least constrained and profit most abundant. What the Post is reporting is yet another significant step toward that state, and it is undoubtedly driven, at least on the part of some, by a self-interested desire to ensure the continuation of endless war and the powers and benefits it vests. So to answer Hayes' question: the endless expansion of a kill list and the unaccountable, always-expanding powers needed to implement it does indeed represent a great success for many. Read what John Jay wrote in the above passage to see why that is, and why few, if any, political developments should be regarded as more pernicious.

Detention policies
Assuming the Post's estimates are correct – that "among senior Obama administration officials, there is broad consensus that such operations are likely to be extended at least another decade" – this means that the war on terror will last for more than 20 years, far longer than any other American war. This is what has always made the rationale for indefinite detention – that it is permissible to detain people without due process until the "end of hostilities" – so warped in this context. Those who are advocating that are endorsing nothing less than life imprisonment - permanent incarceration – without any charges or opportunities to contest the accusations.

That people are now dying at Guantanamo after almost a decade in a cage with no charges highlights just how repressive that power is. Extend that mentality to secret, due-process-free assassinations – something the US government clearly intends to convert into a permanent fixture of American political life – and it is not difficult to see just how truly extremist and anti-democratic "war on terror" proponents in both political parties have become.

UPDATE
As I noted yesterday, Afghan officials reported that three Afghan children were killed on Saturday by NATO operations. Today, reports CNN, "missiles blew up part of a compound Wednesday in northwest Pakistan, killing three people - including one woman" and added: "the latest suspected U.S. drone strike also injured two children." Meanwhile, former Obama press secretary and current campaign adviser Robert Gibbs this week justified the US killing of 16-year-old American Abdulrahaman Awlaki, killed by a US drone in Yemen two weeks after his father was, on the ground that he "should have a far more responsible father".

Also yesterday, CNN profiled Abu Sufyan Said al-Shihri, alleged to be a top al-Qaida official in Yemen. He pointed out "that U.S. drone strikes are helping al-Qaida in Yemen because of the number of civilian deaths they cause." Ample evidence supports his observation.

To summarize all this: the US does not interfere in the Muslim world and maintain an endless war on terror because of the terrorist threat. It has a terrorist threat because of its interference in the Muslim world and its endless war on terror.

UPDATE II
The Council on Foreign Relations' Micah Zenko, writing today about the Post article, reports:

"Recently, I spoke to a military official with extensive and wide-ranging experience in the special operations world, and who has had direct exposure to the targeted killing program. To emphasize how easy targeted killings by special operations forces or drones has become, this official flicked his hand back over and over, stating: 'It really is like swatting flies. We can do it forever easily and you feel nothing. But how often do you really think about killing a fly?'"

That is disturbingly consistent with prior reports that the military's term for drone victims is "bug splat". This - this warped power and the accompanying dehumanizing mindset - is what is being institutionalized as a permanent fixture in American political life by the current president.

UPDATE III
At Wired, Spencer Ackerman reacts to the Post article with an analysis entitled "President Romney Can Thank Obama for His Permanent Robotic Death List". Here is his concluding paragraph:

"Obama did not run for president to preside over the codification of a global war fought in secret. But that's his legacy. . . . Micah Zenko at the Council on Foreign Relations writes that Obama's predecessors in the Bush administration 'were actually much more conscious and thoughtful about the long-term implications of targeted killings', because they feared the political consequences that might come when the U.S. embraces something at least superficially similar to assassination. Whoever follows Obama in the Oval Office can thank him for proving those consequences don't meaningfully exist — as he or she reviews the backlog of names on the Disposition Matrix."

It's worth devoting a moment to letting that sink in.

http://www.guardian.co.uk/commentisfree/2012/oct/24/obama-terrorism-kill-list
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« Reply #1 on: October 27, 2012, 05:44:33 am »

President Romney Can Thank Obama for His Permanent Robotic Death List

It’s a good thing that Mitt Romney endorsed President Obama’s counterterrorism agenda. Should he win the election in two weeks, Romney will inherit an institutionalized, bureaucratic machine for using lethal robots to target and kill suspected terrorists and their allies. Killing Osama bin Laden was a one-time event; this “Disposition Matrix” is Barack Obama’s real national-security legacy.

The Matrix, as detailed in a blockbuster Washington Post expose, is a master list maintained by the National Counterterrorism Center of suspected terrorists around the world, matched with methods for dealing with them. Most often, that means killing them; and most often, that means using an expanding fleet of armed drones to do so, taking off from hubs in the Arabian Peninsula, eastern Afghanistan and Djibouti’s Camp Lemonnier. Despite bin Laden’s death and the supposed disruption of al-Qaida’s old leadership, the Matrix keeps adding names, as fast or faster than the drones drop bodies.

Maybe the White House still believes, as Obama aide Ben Rhodes recently contended, that the Arab Spring will “undercut the al-Qaida narrative.” But the constellation of U.S. counterterrorism agencies is settling in for the long haul: a war that expands worldwide and shows no sign of ending. “We’re not going to wind up in 10 years in a world of everybody holding hands and saying, ‘We love America,’” one tells the Post’s Greg Miller.

There’s a rhetorical consensus in Washington that, as Romney said at Monday’s debate, the U.S. “can’t kill our way out of this mess.” It’s spoken so often it’s a cliche. But in practice, killing appears to be the mainstay of U.S. efforts: nearly 3,000 people have been slain by drone strikes, according to a Post online database, including an undisclosed number of civilians. And the security agencies are preparing for even more.


As the Post’s Greg Miller recounts, the security bureaucracy has dug in. The Joint Special Operations Command (JSOC), the elite military organization that killed bin Laden, now runs a targeting center outside Washington. The CIA, Miller writes, seeks to expand its drone fleet and remain “a paramilitary force,” rather than “return to its pre-Sept. 11 focus on gathering intelligence.” The U.S. military might be drawing down from Afghanistan, but JSOC and the CIA are what backstop that retrenchment.

At the nearby National Counterterrorism Center, teams of analysts and officials compile the targeting lists compiled by JSOC and the CIA, and match them to unspecified standards for dealing with terror suspects. They review the Disposition Matrix every three months before passing it along to the White House for approval of specific actions outside the well-entrenched Pakistan drone campaign. There, John Brennan, Obama’s trusted chief counterterrorism deputy, runs an interagency meeting that passes selected targets for killing to Obama for approval.

The Matrix is a “work in progress,” officials told Miller, and goes beyond drone strikes to include “sealed indictments and clandestine operations.” (It’s not clear what grand juries are issuing such indictments.) But if the Matrix actually contains names of terror suspects, then it may not be exhaustive of U.S. counterterrorism efforts: The CIA also conducts so-called “signature strikes” against unknown persons who merely match a demographic profile for terrorism.

What’s more, there are constraints on the U.S.’ ability to take non-lethal action against terrorists, some of them self-imposed. Protracted disagreements between the White House and Congress over terrorism detentions, for instance, have led to few terrorism suspects being captured outside Afghanistan. Those who have, like the Somali suspect Ahmed Abdulkadir Warsame, have been placed in ad hoc prisons like the brig of the USS Boxer. There are some signs Congress might revisit the detentions question, but until some resolution exists, lethal strikes will remain the option of choice.

And there’s little evidence of a strategy, like the one Romney called for on Monday, in which the lethal operations fit. After 10 years and two presidencies, the U.S. still lacks a mature strategy for stemming the demand for al-Qaida globally. What it’s got instead is “Countering Violent Extremism,” a jumble of efforts, many outside government, that either borrow the tactics of anti-gang task forces or send Muslim rappers on pro-U.S. goodwill tours.

Obama did not run for president to preside over the codification of a global war fought in secret. But that’s his legacy. Administration officials embraced drone strikes because they viewed them as an acceptable alternative to conventional ground warfare, which it considered too costly and too public, but the tactic has now become practically the entire strategy. Micah Zenko at the Council on Foreign Relations writes that Obama’s predecessors in the Bush administration “were actually much more conscious and thoughtful about the long-term implications of targeted killings,” because they feared the political consequences that might come when the U.S. embraces something at least superficially similar to assassination. Whomever follows Obama in the Oval Office can thank him for proving those consequences don’t meaningfully exist — as he or she reviews the backlog of names on the Disposition Matrix.

http://www.wired.com/dangerroom/2012/10/disposition-matrix/
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« Reply #2 on: March 13, 2013, 06:50:46 am »

JSoc: Obama's secret assassins
The president has a clandestine network targeting a 'kill list' justified by secret laws.
How is that different than a death squad?


The film Dirty Wars, which premiered at Sundance, can be viewed, as Amy Goodman sees it, as an important narrative of excesses in the global "war on terror". It is also a record of something scary for those of us at home – and uncovers the biggest story, I would say, in our nation's contemporary history.

Though they wisely refrain from drawing inferences, Scahill and Rowley have uncovered the facts of a new unaccountable power in America and the world that has the potential to shape domestic and international events in an unprecedented way. The film tracks the Joint Special Operations Command (JSoc), a network of highly-trained, completely unaccountable US assassins, armed with ever-expanding "kill lists". It was JSoc that ran the operation behind the Navy Seal team six that killed bin Laden.

Scahill and Rowley track this new model of US warfare that strikes at civilians and insurgents alike – in 70 countries. They interview former JSoc assassins, who are shell-shocked at how the "kill lists" they are given keep expanding, even as they eliminate more and more people.

Our conventional forces are subject to international laws of war: they are accountable for crimes in courts martial; and they run according to a clear chain of command. As much as the US military may fall short of these standards at times, it is a model of lawfulness compared with JSoc, which has far greater scope to undertake the commission of extra-legal operations – and unimaginable crimes.

JSoc morphs the secretive, unaccountable mercenary model of private military contracting, which Scahill identified in Blackwater: The Rise of the World's Most Powerful Mercenary Army, into a hybrid with the firepower and intelligence backup of our full state resources. The Hill reports that JSoc is now seeking more "flexibility" to expand its operations globally.

JSoc operates outside the traditional chain of command; it reports directly to the president of the United States. In the words of Wired magazine:

"JSoc operates with practically no accountability."

Scahill calls JSoc the president's "paramilitary". Its budget, which may be in the billions, is secret.

What does it means for the president to have an unaccountable paramilitary force, which can assassinate anyone anywhere in the world? JSoc has already been sent to kill at least one US citizen – one who had been indicted for no crime, but was condemned for propagandizing for al-Qaida. Anwar al-Awlaki, on JSoc's "kill list" since 2010, was killed by CIA-controlled drone attack in September 2011; his teenage son, Abdulrahman al-Awlaki – also a US citizen – was killed by a US drone two weeks later.

This arrangement – where death squads roam under the sole control of the executive – is one definition of dictatorship. It now has the potential to threaten critics of the US anywhere in the world.

The film reveals some of these dangers: Scahill, writing in the Nation, reported that President Obama called Yemen's President Saleh in 2011 to express "concern" about jailed reporter Abdulelah Haider Shaye. US spokespeople have confirmed the US interest in keeping him in prison.

Shaye, a Yemeni journalist based in Sana'a, had a reputation for independent journalism through his neutral interviewing of al-Qaida operatives, and of critics of US policy such as Anwar al-Awlaki. Journalist colleagues in Yemen dismiss the notion of any terrorist affiliation: Shaye had worked for the Washington Post, ABC news, al-Jazeera, and other major media outlets.

Shaye went to al-Majala in Yemen, where a missile strike had killed a group that the US had called "al-Qaida". "What he discovered," reports Scahill, "were the remnants of Tomahawk cruise missiles and cluster bombs … some of them bearing the label 'Made in the USA', and distributed the photos to international media outlets."

Fourteen women and 21 children were killed. "Whether anyone actually active in al-Qaida was killed remains hotly contested." Shortly afterwards, Shaye was kidnapped and beaten by Yemeni security forces. In a trial that was criticized internationally by reporters' groups and human rights organizations, he was accused of terrorism. Shaye is currently serving a five-year sentence.

Scahill and Rowley got to the bars of Shaye's cell to interview him, before the camera goes dark (in almost every scene, they put their lives at risk). This might also bring to mind the fates of Sami al-Haj of al-Jazeera, also kidnapped, and sent to Guantánamo, and of Julian Assange, trapped in asylum in Ecuador's London embassy.

President Obama thus helped put a respected reporter in prison for reporting critically on JSoc's activities. The most disturbing issue of all, however, is the documentation of the "secret laws" now facilitating these abuses of American power: Scahill succeeds in getting Senator Ron Wyden, who sits on the Senate intelligence committee, to confirm the fact that there are secret legal opinions governing the use of drones in targeted assassinations that, he says, Americans would be "very surprised" to know about. This is not the first time Wyden has issued this warning.

In 2011, Wyden sought an amendment to the USA Patriot Act titled requiring the US government "to end practice of secretly interpreting law". Wyden warns that there is now a system of law beneath or behind the law that we can see and debate:

"It is impossible for Congress to hold an informed public debate on the Patriot Act when there is a significant gap between what most Americans believe the law says and what the government is using the law to do. In fact, I believe many members of Congress who have voted on this issue would be stunned to know how the Patriot Act is being interpreted and applied.

"Even secret operations need to be conducted within the bounds of established, publicly understood law. Any time there is a gap between what the public thinks the law says and what the government secretly thinks the law says, I believe you have a serious problem."

I have often wondered, since I first wrote about America's slide toward fascism, what was driving it. I saw the symptoms but not the cause. Scahill's and Rowley's brave, transformational film reveals the prime movers at work. The US executive now has a network of secret laws, secret budgets, secret kill lists, and a well-funded, globally deployed army of secret teams of assassins. That is precisely the driving force working behind what we can see. Is fascism really too strong a word to describe it?

• This article originally referred to Scahill and Rowley's documentary as Secret Wars; this was amended to Dirty Wars at 5.20pm ET on 3 February. The phrase "US kill list" in the subhead was also amended to "kill list" in order to remove possible ambiguity

http://www.guardian.co.uk/commentisfree/2013/feb/03/jsoc-obama-secret-assassins
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« Reply #3 on: March 13, 2013, 11:45:03 am »

sfl
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« Reply #4 on: March 13, 2013, 04:31:11 pm »

Quote
JSoc operates outside the traditional chain of command; it reports directly to the president of the United States. In the words of Wired magazine:

"JSoc operates with practically no accountability."

Scahill calls JSoc the president's "paramilitary". Its budget, which may be in the billions, is secret.

That's nothing new or revealing. It's common knowledge within the military. They have multiple "quick strike teams" of various types, from ground forces, to aviation.

Like it or not, the President is Commander-In-Chief of all the military. The balance to that power is suppose to be both the Joint Chiefs of Staff and Congress. But if neither of them reign in the President, he does pretty much what he wants, basically like it is now.
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