Court rules journalists can’t keep their sources secret
RT | July 19, 2013
A federal appeals court ruled Friday that New York Times journalist James Risen must testify in the trial of a former Central Intelligence Agency officer accused of leaking classified national defense information to the media.
A lower court ruled previously that Risen could protect the source responsible for sharing intelligence about a CIA operation discussed in his writing, but the US Court of Appeals from the Fourth Circuit reversed that decision Friday morning with a 2-1 vote.
“The reporter must appear and give testimony just as every other citizen must. We are not at liberty to conclude otherwise,” Chief Judge William Traxler Jr. wrote for the majority opinion.
The appeal panel’s decision came just days after United States Attorney General Eric Holder presented President Barack Obama with a proposal that would re-shape current law as it applies to journalists in order to more greatly ensure that reporters aren’t targeted during investigations unless other routes are exhausted first. That maneuver came on the heels of two highly public recent Justice Department scandals in which the White House was revealed to have subpoenaed the phones records for several Associated Press offices and also the email history of Fox News reporter James Rosen.
“Journalists should not be at legal risk for doing their jobs. Our focus must be on those who break the law,” Obama said during a May 23 address after those scandals first surfaced.
With Friday’s ruling, the appeals court weighed whether or not an established precedent would prevent Risen from being asked to disclose the source of his information, but Traxler said, “so long as the subpoena is issued in good faith and is based on a legitimate need of law enforcement, the government need not make any special showing to obtain evidence of criminal conduct from a reporter in a criminal proceeding.”
Next Risen will be expected to testify in the Espionage Act-case against Jeffrey Sterling, a former CIA official accused of disclosing details about a Clinton administration plan to put faulty nuclear weapon blueprints to Iran in an effort to slow down their race to acquiring a nuke. He previously said he’d refuse to speak of his source, however, which would now open up the possibility of being held in contempt of court.
Sterling is one of seven persons accused by President Barack Obama of spying under the Espionage Act, a World War One-era legislation that has previously been used only three times before this administration began targeting leakers.
Judge Roger Gregory, the only justice to vote in the minority, said compelling Risen to testify was a “sad” decision that posed a serious threat to investigative journalism, the Times reported.
“Under the majority’s articulation of the reporter’s privilege, or lack thereof, absent a showing of bad faith by the government, a reporter can always be compelled against her will to reveal her confidential sources in a criminal trial,” Gregory wrote. “The majority exalts the interests of the government while unduly trampling those of the press, and in doing so, severely impinges on the press and the free flow of information in our society.”
Judge Traxler disagreed, however, and along with Judge Roger Gregory wrote that even the US Constitution can’t keep Risen from being asked to take the witness stand.
“There is no First Amendment testimonial privilege, absolute or qualified, that protects a reporter from being compelled to testify by the prosecution or the defense in criminal proceedings about criminal conduct that the reporter personally witnessed or participated in, absent a showing of bad faith, harassment, or other such non-legitimate motive, even though the reporter promised confidentiality to his source,” Traxler wrote.
Gregg Leslie, the legal defense director for the Reporters Committee for Freedom of the Press, told the Times he viewed the verdict as “disappointing,” and even suggested it was a step-backwards only so few days after Holder’s alleged effort to ensure the privacy of sources and reporters.
Related articles
- Court rejects reporters’ privilege (politico.com)
- Journalist James Risen ordered to testify in CIA leaker trial (guardian.co.uk)
Panama refuses to extradite CIA’s Lady to Italy
Press TV – July 20, 2013
Panama has refused to extradite the former CIA chief of Milan station to Italy where he has been sentenced to nine years in prison for the 2003 abduction of an Egyptian Muslim cleric on suspicion of terrorist activities.
Italian justice ministry’s press office on Thursday announced that Robert Seldon Lady, also known as “Mister Bob,” has been arrested in Panama. However, it is not clear when and where he has been arrested.
On Friday, the US State Department confirmed Lady was on his way back to the United States. Italy had asked Panama to hold Lady while an extradition request was being made.
Panama foreign ministry sources have said the documents submitted by Italy for the extradition were “insufficient,” according to Italian media.
Italy’s Justice Minister Anna Maria Cancellieri said Friday that she was “deeply disappointed” by Panama’s decision not to return Lady to Italy.
The former Milan CIA station chief was sentenced to nine years in jail for the abduction of Osama Moustafa Hassan Nasr, also known as Abu Omar. Twenty-two other Americans involved in the kidnapping were each sentenced to five years in prison.
The court ordered each of the 23 convicts, none of whom appeared for the trial, to pay one million euros (about $1.3 million) to Abu Omar, plus 500,000 euros to his wife.
The Muslim cleric was transferred to US military bases in Italy and later in Germany before being flown to Egypt. He was later set free in Egypt.
Related article
Venezuela ends normalization of US relations
Press TV – July 20, 2013
Venezuela says it has ended the process of normalizing relations with the United States over remarks by Washington’s ambassador-designate to the UN.
During her confirmation hearing before a US Senate committee on July 17, Samantha Power claimed Venezuela, along with several other countries, was conducting a “crackdown on civil society.”
“The Bolivarian Republic of Venezuela hereby ends the process … of finally normalizing our diplomatic relations” that started in early June, the Venezuelan Foreign Ministry said in a Friday statement.
The statement added that Caracas is opposed to the “interventionist agenda” presented by Power.
On Thursday, the Venezuelan President Nicolas Maduro denounced Power’s remarks as “outrageous,” and demanded “an immediate correction by the US government.”
“Power says she’ll fight repression in Venezuela? What repression? There is repression in the United States, where they kill African-Americans with impunity, and where they hunt the youngster Edward Snowden just for telling the truth,” he added, referring to the killing of unarmed black teenager Trayvon Martin.
Venezuela has offered asylum to Snowden, an American former technical contractor for the US National Security Agency (NSA), who is wanted in the United States for leaking details of Washington’s secret surveillance programs.
Maduro was the first foreign leader to state openly that he was offering sanctuary to Snowden.
Venezuela and the US have not exchanged ambassadors since 2010. However, in June US Secretary of State John Kerry and Venezuelan Foreign Minister Elias Jaua agreed on the sidelines of a regional summit in Guatemala that officials would “soon” meet for talks that could lead to an exchange of envoys.
In March, Caracas expelled two US military attaches over allegations of trying to foment instability in Venezuela.
Washington also angered Caracas by supporting Venezuelan opposition leader Henrique Capriles, who disputed the results of the April presidential election, in which Maduro won the race with 50.7 percent of the vote against 49.1 percent for Capriles.
Related articles
Venezuela’s Maduro Responds to Obama’s Nominee for UN Envoy
By Ryan Mallett-Outtrim | Venezuelanalysis | July 19, 2013
Mérida – Venezuelan President Nicolas Maduro has described comments made by US President Barack Obama’s nominee for envoy to the United Nations as “despicable”, and demanded an apology.
Yesterday Maduro criticised the nominee Samantha Power’s testimony to the US Senate Committee on Foreign Relations. During the speech, Power called for a “contesting” of what she described as a “crackdown on civil society being carried out in countries like Cuba, Iran, Russia, and Venezuela.”
“Power says she’ll fight repression in Venezuela? What repression?” Maduro responded on Venezuelan television.
“There is repression in the United States, where they kill African-Americans with impunity, and where they hunt the youngster Edward Snowden just for telling the truth,” he stated. His comments come in the wake of a Florida jury acquitting George Zimmerman on 13 July for the killing of Trayvon Martin.
He also called for an “immediate correction by the US government”.
“And the U.S. government says they want to have good relations? What tremendous relations they want,” Maduro stated.
Following his victory in the 14 April presidential elections, Maduro called for closer relations with the US. In June, his foreign minister Elias Jaua met US Secretary of State John Kerry. Kerry described the meeting as the “beginning of a good, respectful relationship”.
After the talks, Jaua told Telesur that the Maduro administration is open to a more positive relationship “based on the premise of mutual respect, non-interference in internal affairs and the proper treatment of disagreements”.
“If this is respected then we can move forward in relations with US,” Jaua stated. Today, Jaua announced that the government had issued a letter of protest to the US embassy in Caracas. According to Jaua, the letter asked if there is still “willingness” in Washington to improve relations, “as expressed by the Secretary of State John Kerry”.
Since then, Maduro has criticised the US for its pursuit of whistleblower Edward Snowden, to whom he has offered asylum.
Yesterday, he stated that Power’s comments were being applauded by the “fascist right” in Venezuela. Power’s speech also received positive feedback from a number of committee members, including some Republicans.
Along with calling for more “efficiency and a greater focus on promoting freedom”, Power stated that the UN needs US “leadership” and fairness.
“There cannot be one standard for one country and another standard for all others,” she stated, before criticising the General Assembly and Human Rights Council for passing “one-sided resolutions” against Israel.
“Just as I have done the last four years as President Obama’s UN adviser at the White House, I will stand up for Israel and work tirelessly to defend it,” she said.
ProPublica and the Fear Campaign Against Iran

By Jim Lobe | LobeLog | July 18, 2013
Last Thursday, the highly respected, non-profit investigative news agency ProPublica featured a 2,400-word article, “The Terror Threat and Iran’s Inroads in Latin America”, by its award-winning senior reporter, Sebastian Rotella, who has long specialized in terrorism and national-security coverage. In support of its main thesis that Iran appears to be expanding its alleged criminal and terrorist infrastructure in Venezuela and other “leftist, populist, anti-U.S. governments throughout the region,” Rotella quotes the Director of National Intelligence (DNI), Lt. Gen. James Clapper (ret.), as telling a Senate hearing last year that Iran’s alliances with Venezuela and other “leftist, populist, anti-U.S. government” could pose
…an immediate threat by giving Iran – directly through the IRGC, the Quds Force [an external unit of the IRGC] or its proxies like Hezbollah – a platform in the region to carry out attacks against the United States, our interests, and allies.
Now, there is a serious problem with that quotation: Clapper never said any such thing. Indeed, the exact words attributed to the DNI were first spoken at a House Foreign Affairs Committee hearing entitled “Ahmadinejad’s Tour of Tyrants and Iran’s Agenda in the Western Hemisphere” (page 2) by none other than the Committee’s then-chair, Florida Republican Rep. Ileana Ros-Lehtinen, whose hostility toward Iran is exceeded only by her views on Cuba and Venezuela.* It is, after all, one thing to have the head of the U.S. intelligence community tell Congress that the threat of an attack against the United States from various “platforms” in Latin America is “immediate.” It’s quite another for a far-right Cuban-American congresswomen from Miami to offer that assessment, particularly given her past record of championing Luis Posada Carriles and the late Orlando Bosch, both of whom, according to declassified CIA and FBI documents, were almost certainly involved in the 1976 mid-air bombing of a Cuban civilian airliner, among other terrorist acts.
I personally have no doubt that the misattribution was unintentional and merely the product of sloppiness or negligence. But negligence matters, particularly when it is committed in pursuit of a thesis that Rotella has long propagated (more on that in upcoming posts) and that comes amid an ongoing and well-orchestrated campaign against Iran that could eventually result in war, as Israeli Prime Minister Binyamin Netanyahu reminded us yet again Sunday. Of course, such a glaring mistake also detracts from the credibility of the rest of the article, much of which is based on anonymous sources whose own credibility is very difficult to assess.
The Iranian threat and anonymous sourcing
Most of the article concerns a hearing with the rather suggestive title, “Threat to the Homeland: Iran’s Extending Influence in the Western Hemisphere”, which was held July 9 by the Subcommittee on Oversight and Management Efficiency of the Republican-led House Homeland Security Committee with the apparent purpose of rebutting a still-classified State Department report, which included a two-page unclassified appendix concluding that Iran’s influence in the region is actually on the wane. In addition to reporting on the hearing, however, Rotella provides some original reporting of his own in the lede paragraphs, setting an appropriately dark and menacing tone for the rest of his story:
Last year, Iranian President Mahmoud Ahmadinejad visited his ally President Hugo Chavez in Venezuela, where the firebrand leaders unleashed defiant rhetoric at the United States.
There was a quieter aspect to Ahmadinejad’s visit in January 2012, according to Western intelligence officials. A senior officer in the Iranian Revolutionary Guards Corps (IRGC) traveled secretly with the presidential delegation and met with Venezuelan military and security chiefs. His mission: to set up a joint intelligence program between Iranian and Venezuelan spy agencies, according to the Western officials.
At the secret meeting, Venezuelan spymasters agreed to provide systematic help to Iran with intelligence infrastructure such as arms, identification documents, bank accounts and pipelines for moving operatives and equipment between Iran and Latin America, according to Western intelligence officials. Although suffering from cancer, Chavez took interest in the secret talks as part of his energetic embrace of Iran, an intelligence official told ProPublica.
The senior IRGC officer’s meeting in Caracas has not been previously reported.
The aim is to enable the IRGC to be able to distance itself from the criminal activities it is conducting in the region, removing the Iranian fingerprint,” said the intelligence official, who requested anonymity because he is not authorized to speak publicly. “Since Chavez’s early days in power, Iran and Venezuela have grown consistently closer, with Venezuela serving as a gateway to South America for the Iranians.”
The bold face, added for emphasis, is designed to illustrate Rotella’s heavy reliance on anonymous “intelligence officials”, none of whose nationalities are specified. In the context of an investigative report, that failure begs a series of questions that bear on the credibility of the account.
For example, does he include Israelis in his definition of “Western officials” or “Western intelligence officials?” After all, it would be one thing to cite a Swedish intelligence official who may tend to be somewhat more objective in describing Iranian-Venezuelan intelligence cooperation; it’s quite another to quote an Israeli “official” responsible to a government that has been aggressively promoting a policy of confrontation with Iran for many years now. And if his sources agreed to talk to Rotella only on the condition of being identified as “Western officials” or “Western intelligence officials”, why did they do so? (Indeed, the only identified “Western intelligence official” quoted — or misquoted — by Rotella in the entire article is Clapper.) Identifying at least the nationality of the officials with whom Rotella spoke with would help readers assess their credibility, but he offers no help in that regard.
Moreover, given the details about the meeting provided by Rotella’s sources, why was the senior IRGC officer who set up the purported joint intelligence program with the Venezuelans not named? That omission sticks out like a sore thumb.
But the problems in Rotella’s article go beyond the misattribution of the Ros-Lehtinen quote or his heavy reliance on anonymous sources. Indeed, it took all of about 30 minutes of Googling (most of which was devoted to tracking down the alleged Clapper quote) to discover that the story also includes distortions of the record in relevant criminal proceedings and a major error of fact in reporting the testimony of at least one of the hearing’s four witnesses — all of whom, incidentally, share well-established records of hostility toward Iran.
But before going into the results of my Google foray, let’s hear what a former top U.S. intelligence analyst had to say about Rotella’s article. I asked Paul Pillar, a 28-year CIA veteran who served as the National Intelligence Officer for the Near East and South Asia from 2000 to 2005 (which means he was in charge of the analysis of those regions for the CIA and all other U.S. intelligence agencies), if he could read it. This was his emailed reply:
The article certainly seems to be an effort to go out of the way to raise suspicions about Iranian activities in the hemisphere, by dumping together material that is either old news or not really nefarious, and stringing it together with innuendo. Almost all of the specifics that get into anything like possible terrorist activities are old. The Iranian efforts to make diplomatic friends in Latin America by cozying up with the regimes in Venezuela and elsewhere that have an anti-U.S. streak is all well known, but none of that adds up to an increase in clandestine networks or a terrorist threat. The closest the article gets in that regard is with very vague references to Venezuela being used by “suspected Middle Eastern operatives” and the like, which of course demonstrates nothing as far as Iran specifically is concerned. Sourcing to an unnamed “intelligence officer” is pretty meaningless.
As we will try to show in subsequent posts by Marsha Cohen and Gareth Porter (who both contributed substantially to this post), Pillar’s assessment could apply to a number of Rotella’s articles, especially about the Middle East and alleged Iranian or Hezbollah terrorism, going back to his years at the Los Angeles Times. What virtually all of them have in common is the heavy reliance on anonymous intelligence sources; a mixture of limited original reporting combined with lots of recycled news; a proclivity for citing highly ideological, often staunchly hawkish neoconservative “experts” on Middle East issues from such think tanks as the Washington Institute for Near East Policy (WINEP), the Foundation for the Defense of Democracies (FDD), the American Enterprise Institute (AEI) and the American Foreign Policy Council (AFPC) without identifying them as such; a surprising deference (considering his status as an investigative reporter) toward “official” accounts or reports by friendly security agencies, some of which work very closely with their Israeli counterparts (see, for example, this 2009 story about an alleged plot against the Israeli embassy in Azerbaijan about which Gareth plans to write a post); and a general failure to offer critical analysis or alternative explanations about specific terrorist incidents or groups that are often readily available from academic or other more independent and disinterested regional or local specialists.
Iran in Latin America
In the meantime, it’s also important to set the context for Rotella’s latest article. It came amid an intense campaign over the past couple of years by Iran hawks, including individuals from the various neoconservative think tanks cited above, to highlight the purported terrorist threat posed by Iran and Hezbollah from their Latin American “platforms,” as Ros-Lehtinen put it. Those efforts culminated in legislation, the “Countering Iran in the Western Hemisphere Act of 2012,” approved overwhelmingly by Congress last December. Among other provisions, it required the State Department to report to Congress on Iran’s “growing hostile presence and activity in the Western Hemisphere,” along with a strategy for neutralizing it, within six months. That report, only a two-page annex of which was publicly released, was submitted at the end of last month.
To the disappointment of the bill’s chief sponsors, notably the Republican chairman of the subcommittee, Rep. Jeff Duncan, the report concluded that, despite an increase in Tehran’s “outreach to the region working to strengthen its political, economic, cultural and military ties, … Iranian influence in Latin America and the Caribbean is waning.” And while the rest of the report remains classified, its contents reportedly were consistent with those of the State Department’s 2013 Country Reports on Terrorism, also released last month, which found no evidence of Iranian or Hezbollah terrorist plotting or operations in the Americas, in contrast to what it described as a sharp increase of such activity in Europe, the Middle East and Asia during the past year.
Duncan, who, incidentally, spoke on a panel on Evangelical Christian support for Israel at AIPAC’s annual conference last year, and who in 2011 became the only member of Congress given a 100-percent rating on the Heritage Action for America legislative scorecard, expressed outrage at these conclusions, accusing the State Department of failing to “consider all the facts.” In particular, he charged that the State Department had not taken into account new evidence “documenting Iran’s [ongoing] terrorism activities and operations in the Western Hemisphere” compiled by an Argentine prosecutor, Alberto Nisman, in a 502-page report released (perhaps not entirely coincidentally) just one month before the State Department was due to submit its study.
The Nisman Report and the AMIA bombing
In 2006, Nisman, the chief prosecutor in the case of the 1994 bombing of the Argentine-Israeli Mutual Association (AMIA) building, released an even longer controversial report on that case in which he concluded that the bombing had been ordered by Iran’s top leadership and carried out by Hezbollah operatives under the direction of Iran’s cultural attaché at its Argentine embassy, Mohsen Rabbani. (Gareth wrote his own critique of the 2006 report for the The Nation in 2008, joining many Argentine journalists and researchers in questioning Nisman’s theory of the case. Last week he published a related story for IPS that noted the diminished credibility of Nisman’s primary source, a former Iranian intelligence operative named Abdolghassem Mesbahi. He plans a new series on the subject to begin later this month.) The State Department report, Duncan said at the hearing, “directly contradicts the findings from Mr. Nisman’s three-year investigation, which showed clear infiltration of the Iranian regime within countries in Latin America using embassies, mosques, and cultural centers.”
Indeed, according to Nisman’s new report, Iran, through Rabbani and other operatives, has established “clandestine intelligence stations and operative agents” throughout Latin America, including in Guyana, Brazil, Chile, Colombia, Paraguay, Suriname, Trinidad & Tobago and Uruguay and, most especially in the Tri-Border Area (TBA) of Argentina, Brazil, and Paraguay, a region about which Rotella wrote rather darkly when he was Buenos Aires bureau chief for the Los Angeles Times in the late 1990’s. (In fact, a 15-year-old article on the TBA as a “Jungle Hub for World’s Outlaws” and a refuge for terrorists was cited by WINEP’s Matthew Levitt in written testimony submitted at last week’s hearing. Long one of Rotella’s favorite sources, Levitt, the subject of a rather devastating — albeit pay-walled — profile by Ken Silverstein in Harper’s Magazine last year, has been a major figure in the U.S.- and Israeli-led campaign to persuade the European Union to list Hezbollah as a terrorist entity, a campaign that has been boosted by Rotella’s work, as reflected in this article published by ProPublica last April. The symbiotic relationship between the two men may be the subject of a subsequent LobeLog post.)
Nisman, whose new report has been promoted heavily by neoconservative media and institutions over the past six weeks (see, for example, here, here, here, and here), had been invited by the chairman of the Homeland Security Committee, Texas Rep. Michael McCaul, to testify at last week’s hearing. But, as noted by Rotella in the article, “his government abruptly barred him from traveling to Washington”, a development which, according to McCaul, constituted a “slap in the face of this committee and the U.S. Congress” and was an indication that Argentine President Cristina Fernandez de Kirchner had no intention to “pursue justice and truth on Iranian involvement in the AMIA bombing.”
(In his message to me, Pillar noted that there were other good reasons why Kirchner would not want to see Nisman “being used as a prop in Duncan’s hearing …[given] other equities …regarding relations with Washington,” including the ongoing lawsuit against Argentina by a group of hedge funds — led by Paul Singer, a billionaire and major funder of hard-line pro-Israel organizations — that have sponsored full-page ads in the Washington Post and other publications highlighting, among other things, Argentina’s allegedly cozy relationship with Iran.)
In his article, Rotella, who appears to have accepted without question the conclusions of Nisman’s 2006 report on the AMIA bombing, also offers an uncritical account of the prosecutor’s latest report, quoting affirmations by Duncan, McCaul, as well as the four witnesses who testified at the hearing, that the report’s main contentions were true — Iran and Hezbollah are indeed building up their terrorist infrastructure in the region. “The attacks in Buenos Aires in the 1990s revealed the existence of Iranian operational networks in the Americas,” Rotella’s writes. “The Argentine investigation connected the plots to hubs of criminal activity and Hezbollah operational and financing cells in lawless zones, such as the triple border of Argentina, Brazil and Paraguay and the border between Colombia and Venezuela.”
The Nisman Report and the JFK Bomb Plot
After noting U.S. Treasury designations in 2008 of two Venezuelans as terrorists “for allegedly raising funds for Hezbollah, discussing terrorist operations with Hezbollah operatives, and aiding travel of militants from Venezuela to training sessions in Iran”, Rotella provides the purported Clapper quote about Venezuela and its allies offering “a platform in the region to carry out attacks against the United States, our interests, and allies”, suggesting (falsely) that the DNI himself endorsed Nisman’s view that Iran was behind a plot to attack JFK airport six years ago:
The aborted 2007 plot to attack JFK (airport) was an attempt to use that platform, according to the Argentine special prosecutor. A Guyanese-American Muslim who had once worked as a cargo handler conceived an idea to blow up jet fuel tanks at the airport. He formed a homegrown cell that first sought aid from al Qaida, then coalesced around Abdul Kadir, a Guyanese politician and Shiite Muslim leader.
The trial in New York federal court revealed that Kadir was a longtime intelligence operative for Iran, reporting to the Iranian ambassador in Caracas and communicating also with Rabbani, the accused AMIA plotter.
‘Kadir agreed to participate in the conspiracy, committing himself to reach out to his contacts in Venezuela and the Islamic Republic of Iran,’ Nisman’s report says. ‘The entry of Kadir into the conspiracy brought the involvement and the support of the intelligence station established in Guyana by the Islamic regime.’
Police arrested Kadir as he prepared to fly to Iran to discuss the New York plot with Iranian officials. He was convicted and sentenced to life in prison.
But this account of the case is tendentious, to say the least, and here I am relying on Gareth’s research into the case which he covered in an IPS story last week. While Rotella claimed that the would-be terrorist “cell” had “coalesced around” Kadir, the original criminal complaint that was submitted to the U.S. district court in New York on which the arrests of the four men accused in the plot were based makes clear that Kadir was a secondary participant at the time the arrest was made. In addition, the complaint made no mention of any ties between Kadir and Iran.
Moreover, Rotella’s assertion that the trial revealed Kadir to have been “longtime intelligence operative for Iran” is unfounded, apparently based on nothing more than a set of personal letters Kadir had sent by ordinary mail to Rabbani and the Iranian ambassador to Venezuela and the fact that some contact information for Rabbani was found in Kadir’s address book.
But Kadir’s letters to Rabbani were clearly not the work of an Iranian intelligence operative. They consisted of publicly available information about the political, social and economic situation in Guyana, where Kadir was a member of parliament. Indeed, the fact that they were sent by regular mail — and the lack of any known replies by the addressees — suggests that Kadir’s relationship to Iranian intelligence was even more distant and less interactive than that of George Zimmerman’s to the Seminole County Sheriff’s office in Florida.
During the subsequent trial in 2010, the prosecution tried to play up the letters and even asked Kadir if he was a spy for Iran, which he denied strongly. No other evidence implicating Iran in the plot was introduced. Even the U.S. Attorney’s press release issued after Kadir’s sentencing (and discoverable within milliseconds on Google) offers no indication that Iran had any knowledge of the plot at the time of his arrest. Finally, if indeed the U.S. government had acquired any evidence that Rabbani or any other Iranian official had a role in the plot, as asserted by Nisman, it seems reasonable to ask why he wasn’t indicted along with Kadir and the three others? Yet, in spite of all these factors, Rotella appears to accept Nisman’s argument that the Iranian government had a role in the case and that Kadir was its “long-time intelligence operative” presumably in charge of its “intelligence station” in Guyana.
Rotella next cites the purported testimony (of unknown origin) of Fernando Tabares, the former director of Colombia’s intelligence agency who
…described a mission by an Iranian operative to Colombia via Venezuela in 2008 or 2009. Working with Iranian officials based at the embassy in Bogota, the operative, according to Nisman’s report, ‘was looking at targets in order to carry out possible attacks here in Colombia,’ Tabares testified.
Apart from the vagueness of this account about the unidentified Iranian operative and his mission — as well as the absence of any corroborating evidence — Rotella omitted the easily discoverable fact (via Google) that Tabares himself was sentenced in 2010 to eight years in prison for abuse of trust and illegal wire-tapping, a detail that may reflect on the former intelligence chief’s credibility.
Iranian migrants (refugees?) to Canada
A couple of paragraphs later, Rotella cites the testimony of Joseph Humire, “a security expert” and one of the four witnesses who testified at last week’s hearing. According to Rotella, Humire, executive director at the Center for a Secure Free Society
…cited a report last year in which the Canadian Border Services Agency described Iran as the top source of illegal migrants to Canada, most of them coming through Latin America. Between 2009 and 2011, the majority of those Iranian migrants passed through Caracas, where airport and airline personnel were implicated in providing them with fraudulent documents, according to the Canadian border agency.
But Rotella misreports Humire’s testimony. Humire did not say that Iran was the top source of illegal migrants to Canada; he said Iran was the top source country of improperly documented migrants who make refugee claims in Canada — a not insignificant difference, particularly because the number of Iranian asylum-seekers who come to Canada each year averages only about 300, according to the CSBA report, which noted that 86% won their asylum claims. In addition, the report, a heavily redacted copy of which was graciously provided to me by Humire, indicates that, between 2009 and 2012, more of these migrants flew into Canada from Mexico City and London than from Caracas.
Moreover, the picture painted by the redacted CSBA report is considerably less frightening than that offered by either Rotella or, for that matter, Humire’s testimony.
Many of these migrants use “facilitators” to enter Canada, according to the report. “…Information provided by the migrants on their smugglers suggest possible links to organized criminal elements both within and outside of Canada…Many people seeking refuge in Canada use fake documents and rely on middlemen to help them flee persecution in their homelands.“
“While Iranian irregular migrants mainly enter Canada to make refugee claims, it is possible that certain individuals may enter with more sinister motives”, the report cautioned, observing that 19 Iranian immigrants had been denied entry on security grounds since 2008.
So, instead of the flood of Iranian operatives pouring into Canada as suggested by Rotella, what we are talking about is a relatively small number of Iranians who are seeking asylum from a repressive regime. And, like hundreds of thousands of other refugees around the world, they rely on traffickers who provide them with forged or otherwise questionable documents. A few of these may be entering Canada for “more sinister motives”, but Rotella offers no concrete evidence that they have done so.
Yet Rotella follows his brief — if fundamentally flawed — summary of Humire’s remarks about Iranian asylum-seekers in Canada with his own riff, going “out of the way to raise suspicions about Iranian activities,” as Pillar notes, and returning once again to those anonymous “security officials” as his sources.
Humire’s allegations are consistent with interviews in recent years in which U.S., Latin America and Israeli security officials have told ProPublica about suspected Middle Eastern operatives and Latin American drug lords obtaining Venezuelan documents through corruption or ideological complicity.
“There seems to be an effort by the Venezuelan government to make sure that Iranians have a full set of credentials,” a U.S. law enforcement official said.
Last year’s secret talks between Iranian and Venezuelan spies intensified such cooperation, according to Western intelligence officials who described the meetings to ProPublica. The senior Iranian officer who traveled with the presidential entourage asked Venezuelan counterparts to ensure access to key officials in the airport police, customs and other agencies and “permits for transferring cargo through airports and swiftly arranging various bureaucratic matters,” the intelligence official said.
Venezuelan leaders have denied that their alliance with Iran has hostile intent. They have rejected concerns about flights that operated for years between Caracas and Tehran. The State Department and other U.S. agencies criticized Venezuela for failing to make public passenger and cargo manifests and other information about secretive flights to Iran, raising the fear of a pipeline for clandestine movement of people and goods.
The flights have been discontinued, U.S. officials say.
ProPublica’s high standards
I personally believe that ProPublica, since it launched its operations in 2008, has performed an invaluable public service in providing high-quality investigative journalism at a time when the genre risked (and still risks) becoming virtually extinct. As a result, readers of the agency have come to expect its articles not only to compile existing information that is already publicly available in ways that connect the dots, but also provide significant, previously unpublished material with important insights into the events of the day in ways that seriously challenge conventional wisdom as defined by mainstream media and, as ProPublica’s mission statement puts it, “those with power.” The question posed by Rotella’s latest article — as well as other work he has published on alleged Iranian and Hezbollah terrorism — is whether it meets the mission and high standards that ProPublica readers expect.
Given the misattribution of a quotation critical to the story’s thesis; the prolific use of anonymous “Western intelligence sources” and the like; the citation of sources with a clear ideological or political axe to grind; the omission of information that could bear on those sources’ credibility; the more or less uncritical acceptance of official reports that are known to be controversial but that generally reflect the interests of the axe-grinders; and the failure to confirm misinformation that can be quickly searched and verified, one can’t help but ask whether Rotella’s work meets ProPublica’s standards.
That question takes on additional and urgent importance given the subject — alleged terrorist activities by Iran and Hezbollah — Rotella specializes in. All of us remember the media’s deplorable failure to critically challenge the Bush administration’s allegations — and those of anonymous “Western intelligence sources”, etc. — about Saddam Hussein’s links to Al Qaeda and other terrorist groups, as well as his vast and fast-growing arsenal of weapons of mass destruction (WMD), including a supposedly advanced nuclear-weapons program. We now face, in many respects, a comparable situation with respect to Iran. Bearing that history in mind, any media organization — but especially one of ProPublica’s stature and mission — should be expected to make extraordinary efforts not only to verify its information, reduce its reliance on anonymous sources and avoid innuendo, but also to aggressively challenge “official” narratives or those that are quite obviously being promoted as part of a campaign by parties with a clear interest in confrontation — even war — with Iran. The stakes are considerable.
Gareth Porter and Marsha Cohen contributed substantially to this report.
*Today, shortly before this blog post was published and one day after I contacted the DNI press office to confirm that the quotation had been misattributed to DNI Clapper, ProPublica issued the following correction: “Due to an error in testimony by a congressional witness, this story initially misattributed a statement made by Rep. Ileana Ros-Lehtinen, R-Fla., to James Clapper, the Director of National Intelligence. The story has been revised to correct the attribution and incorporate Clapper’s actual statement to a Senate committee.” In my view, the wording of the correction, suggesting that the misattribution was the fault of a witness, underlines the importance of meticulous fact-checking when dealing with such a charged issue. As noted above, Clapper was the only identified Western intelligence official cited in the article, and his quotation — or non-quotation — is critical to the overall credibility of the underlying thesis: that Iran and Hezbollah are building a terrorist infrastructure in the Americas aimed at the U.S. While the quote in question is now properly attributed to Ros-Lehtinen (who was never mentioned in the original version), the implicit suggestion that she has serious expertise on the issue, in my opinion, makes the article’s underlying thesis even less credible.
Further weakening the thesis is the introduction in the article’s corrected version of the Arbabsiar case (the alleged 2011 plot to kill the Saudi ambassador in Washington) about which Rotella was initially skeptical but which he and/or his editors have now seen fit to include in the story. But citing the Arbabsiar case begs a serious question: If Iran, the Quds Force and Hezbollah have built up all these terrorist hubs and smuggling networks throughout Latin America and the Caribbean (and even into Canada), why would Quds Force commanders resort to recruiting a totally inexperienced, obviously unstable Iranian-American failed used-car salesman (now described by Rotella as “an Iranian-American operative”) to make contact with the Zetas to arrange the assassination? Conversely, if the Quds commanders felt they had to resort to Arbabsiar to establish contact with the Zetas to get the job done, then the existence of the terrorist infrastructure depicted in Rotella’s article looks even more doubtful than it did in the original story.
UPDATE: Apparently, the witness who misattributed the Ros-Lehtinen/Clapper quote was AFPC’s Ilan Berman (who most recently misattributed the quote in a usnews.com op-ed co-authored with Netanel Levitt on July 15). Berman, a leading figure in the continuing sanctions campaign against Iran, suggested shortly after the 2003 U.S. invasion of Iraq that Washington should pursue regime change in Iran.
Photo Credit: Prensa Miraflores
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Canada’s prime minister creates an “enemies list”
PressTVGlobalNews · July 19, 2013
It has been revealed that Canada’s Prime Minister Steven Harper has drawn up an “enemies list” identifying political opponents of the Conservative Party. Bureaucrats, judges and other members of the Canadian establishment are named on the list.
Iran, Iraq to jointly explore, develop border gas, oil fields
Press TV – July 19, 2013
The Iranian Oil Ministry says Tehran and Baghdad have agreed to explore and develop oil and gas fields lying along the common border between the neighboring OPEC members, Press TV reports.
The ministry added that the two sides have agreed to work together to settle territorial and ownership differences.
Under the agreement, the two countries will establish joint ventures to carry out the exploration and development of joint oil and gas fields.
The energy cooperation is also expected to minimize the impacts of interferences made by international oil giants in regional affairs.
The agreement came during Iranian President Mahmoud Ahmadinejad’s official visit to Iraq.
Ahmadinejad arrived in Iraq on Thursday at the head of a high-ranking delegation for an official two-day tour aimed at strengthening bilateral relations between the two neighboring countries.
The Iranian president held talks with Iraqi Prime Minister Nouri al-Maliki and Vice President Khudayr al-Khuzai and also met with Iraqi Parliament Speaker Osama al-Nujaifi and the country’s lawmakers on Thursday .
Ahmadinejad also paid a visit to the holy shrine cities of Karbala and Najaf.
The two-term Iranian president will leave office on August 3 to be succeeded by Hassan Rohani, who won an outright victory in the country’s presidential elections of July 14.
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Stephen Kimber’s “What Lies Across the Water”
By W. T. WHITNEY | CounterPunch | July 19, 2013
Publication of What Lies Across the Water, Stephen Kimber’s book about Cuban anti-terrorists serving wildly extravagant terms in U.S. jails, is a remarkable event. Previously appearing as an e-book, this is the first full – length book published in English on the so-called Cuban Five. They were arrested in Miami on September 12, 1998, and a worldwide movement on their behalf is demanding their freedom. Many view them as political prisoners.
In comprehensive and convincing fashion the book explains how Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González, and René González came to be arrested, tried, and imprisoned. Its coverage of bias and legal failings that marred their prosecution and trial is adequate, but less detailed. Kimber devotes more attention to events and personalities directly affecting the Five than to early anti-Cuban terror attacks and the Cuban revolution.
Journalism professor Kimber (at Canada’s University of King’s College, in Halifax, Nova Scotia) drew upon news stories in the Florida, Central American, and Cuban media and read 20,000 pages of court transcripts. He interviewed officials and contacts in Florida, Cuba, and elsewhere, also family members of the Five and the prisoners themselves, via correspondence. The author’s clear, flowing, and often seat-gripping, even entertaining, narrative is an added plus. The book is highly recommended.
Kimber starts out by confessing he was no expert on the case initially. He was about to write a novel that touched upon Cuba. Then a Cuban friend with political and intelligence experience told him that, “nothing can really be resolved between Washington and Havana until they (the Five) are returned to Cuba.” So instead of writing a novel, Kimber began work on a story he realized was important and that “needed to be told by someone who didn’t already know which versions of which stories were true.”
The way Kimber’s report unfolds serves to highlight convoluted linkages of the prisoners’ experiences and their case to the many-faceted U.S. apparatus set up to undo the Cuban revolution. Implacable, non-stop U.S. enmity sets the stage for obfuscations, contradictions, intrigue, ambiguities, and strange twists. For Kimber, the resulting atmosphere was one where “Nothing, it seems, is ever as it seems.”
For example, Cuba’s “Wasp Network” included at least 22 agents, not just the Cuban Five, as is often assumed. Agents were posted throughout the United States, away from Florida. Some of those arrested in 1998 pled guilty and served only short sentences. Cuban agents served as FBI informants. Far from exclusively monitoring private paramilitary groups, as many assume, one Cuban Five agent did gather non – classified intelligence from a U.S. military installation. For years, the FBI monitored movements, contacts, and communications of the Five and other agents. The Cuban American Nation Foundation (CANF), darling of U.S. presidents, professed non-violence, yet operated a paramilitary wing. Even the Miami Herald, reviled by Cuba solidarity activists, gains points through its reporter Juan Tamayo, who linked Havana hotel bombings to the Cuban exile terrorist Luis Posada.
The book attests to difficulties attending intelligence gathering in the midst of all but open U.S. war against Cuba. Cuban agents were well prepared, and superior officers in Havana supervised them closely. “Compartmentalized,” they were unable usually to identify fellow agents in the United States. They relied on advanced technical skills, support from loved ones, fearlessness, their own resourcefulness, their sensitive understanding of hazardous situations, and very hard work.
Kimber’s “What Lies across the Water” has the potential for stimulating new thinking on the case of the Five. Information it provides and the book’s fact-based style of presentation ought to persuade readers, it seems, to move beyond viewing the prisoners’ fate as a sort of morality tale, one with U.S. over-reaction, prisoners’ revolutionary virtue, and suffering. The book would encourage them instead to develop a response built on considering the larger context of generalized U.S. bullying of Cuba. The book may or may not succeed in this, but in all respects it is essential reading for those either new or old to the case of the Five.
The book exerts an appeal through effective portrayals of characters so far out of the ordinary, with such bizarre purposes, as almost to defy belief. They include: Cuban agent Percy Alvarado Godoy, CANF infiltrator for years; terrorist honchos Orlando Bosch and Luis Posada; the opportunistic Brothers to the Rescue leader Jose Basulto; and even Nobel Prize winning author Gabriel Garcia Marquez, message carrier to the Clinton White House. There is the flamboyant Wasp agent, pilot, unfaithful husband, and FBI informant Juan Pablo Roque, who returned to Cuba; CANF founder and Miami titan Jorge Mas Canosa; and not least, Francisco Avila Azcuy. That FBI informant, Cuban spy for 13 years, and chief of Miami’s Alpha 66 private military formation was unusual, even in a setting where double agents were, and undoubtedly are, routine.
This book tells the tragic story of the Cuban Five. But here’s hoping it also helps re-orient energies of justice-seeking activists toward joining or rejoining a necessary fight. Their task is to take on the century – long U.S. campaign to impose domination over a Caribbean island. The agenda presently is to end the U.S. economic blockade, end campaigns of internal subversion and international isolation, and, surely, free the Cuban Five.
W. T. Whitney Jr. is a retired pediatrician and political journalist living in Maine.
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Nigeria, AU criticised for hosting Sudan’s Bashir at summit
By Tesfa-Alem Tekle | Sudan Tribune | July 18, 2013
ADDIS ABABA – European Union lawmakers on Wednesday criticised the African Union (AU) and Nigeria for allowing Sudanese president Omer Al-Bashir to attend a special summit on HIV/AIDS, tuberculosis and malaria held in Abuja.
The EU delegation held talks with AU and Ethiopian officials on a number of national and continental concerns, as part of an official visit to Ethiopia.
Barbara Lochbihler, who led the delegation, said the AU’s position towards the International Criminal Court (ICC) and the failure of Nigeria to arrest Bashir undermines the work of the ICC and victims’ fight for justice.
The 54-member continental bloc has called on member states not to cooperate with the ICC arrest warrant for Bashir.
The Sudanese president left for Nigeria on Sunday, but cut short his visit the following day after calls for his arrest intensified.
Nigeria has also come under fire after the government refused to arrest Bashir and surrender him to the ICC.
However, Nigerian officials dismissed criticism, saying the Sudanese president was in Nigeria at the invitation of the AU and not as a guest of the federal government.
“President al-Bashir was in Nigeria under the auspices of the AU, based on the assembly’s decision to convene the special summit in Abuja to deal with three diseases that together constitute a heavy burden on member states”, a statement by the foreign ministry said on Tuesday.
The ICC issued two arrest warrants against Bashir in 2009 and 2010 for alleged war crimes, crimes against humanity and genocide committed in Darfur.
