A Flawed UN Investigation on Syria
By Gareth Porter | Consortium News | March 11, 2017
The March 1 report by the United Nations’ “Independent International Commission of Inquiry” asserted that the bloody attack on a humanitarian aid convoy west of Aleppo City on Sept. 19, 2016, was an airstrike by Syrian government planes. But an analysis of the U.N. panel’s report shows that it was based on an account of the attack from the pro-rebel Syrian “White Helmets” civil defense organization that was full of internal contradictions.
White Helmets member points to the aftermath of a military attack
The U.N. account also was not supported by either the photographic evidence that the White Helmets provided or by satellite imagery that was available to the commission, according to independent experts. Further undermining the U.N. report’s credibility, the White Helmets now acknowledge that rockets they photographed were not fired from Russian or Syrian planes but from the ground.
Like last December’s summary of the U.N.’s Headquarters Board of Inquiry report on the same incident, the Commission’s report described the attack as having begun with “barrel bombs” dropped by Syrian helicopters, followed by further bombing by fixed-wing planes and, finally, strafing by machine guns from the air.
The March 1 report did not identify any specific source for its narrative, citing only “[c]ommunications from governments and non-government organizations.” But in fact the U.N. investigators accepted the version of events provided by the White Helmets chief in Aleppo province as well as specific evidence that the White Helmets had made public.
The White Helmets, which are heavily funded by Western governments and operate only in rebel-controlled areas, are famous for using social media to upload videos purporting to show injured children and other civilian victims of the war.
Last year, a well-organized campaign pushed the group’s nomination for a Nobel Peace Prize and a Netflix film about the group won an Oscar last month. The United Nations and the mainstream Western news media have frequently relied on White Helmets accounts from war zones that are not accessible to outsiders. But the White Helmets’ officials have pursued an obvious political agenda in support of opposition forces in Al Qaeda-dominated zones in Aleppo and Idlib where they have operated.
On Sept. 19, immediately after the attack on the aid convoy, the chief of the White Helmets organization in the Aleppo governorate, Ammar al-Selmo, presented a dramatic narrative of a Russian-Syrian air attack, but it was marked by obvious internal contradictions.
At first, Selmo claimed in an interview that he had been more than a kilometer away from the warehouses where the attack occurred and had seen Syrian helicopters dropping “barrel bombs” on the site. But his eyewitness account would have been impossible because it was already dark by the time he said the attack began at about 7:15 p.m. He changed his story in a later interview, claiming that he had been right across the street at the moment of the attack and had heard the “barrel bombs” being dropped rather than seeing them.
Selmo insisted in a video filmed that night that the attack began with Syrian helicopters dropping eight “barrel bombs,” which are described as large, crudely constructed bombs weighing from 250 kg to 500 kg or even more. Citing a box-shaped indentation in the rubble, Selmo said the video is showing “the box of the barrel bomb,” but the indentation is far too small to be a crater from such a bomb.
Selmo continued the account, “Then the regime also target this place with cluster bombs two times, and also the aircraft of the Russians target this place with C-5 and with bullets,” apparently referring to Soviet-era S-5 rockets. The White Helmets photographed two such rockets and sent it to media outlets, including the Washington Post, which published the picture in the Post story with credit to the White Helmets.
Story Contradictions
But Hussein Badawi, apparently the White Helmet official in charge of the Urum al Kubrah area, contradicted Selmo’s story. In a separate interview, Badawi said the attack had begun not with “barrel bombs” but with “four consecutive rockets” that he said had been launched by government forces from their defense plant in Aleppo province – meaning that it was a ground-launched attack rather than an air attack.
In an email response to a query from me, Selmo retracted his own original claim about the S-5 rockets. “[B]efore aircraft’s attack on the area,” he wrote, “many land to land missiles attacked the place coming from the defense factories which [are] located in eastern Aleppo [east of] the city, regime controlled area. [T]hen aircraft came and attacked the place.”
But such a rocket attack from that “regime controlled area” would not have been technically possible. The Syrian government defense plant is located in Safira, 25 kilometers southeast of Aleppo City and even farther from Urum al-Kubrah, whereas the S-5 rockets that the White Helmets photographed have a range of only three or four kilometers.
Moreover, the Russians and Syrian government forces were not the only warring parties to have S-5s in their arsenal. According to a study of the S-5 rocket by Armament Research Services consultancy, Syrian armed opposition forces had been using S-5 rockets as well. They had gotten them from the CIA’s covert program of moving weapons from Libyan government stockpiles to be distributed to Syrian rebels beginning in late 2011 or early 2012. Syrian rebels had used improvised launch systems to fire them, as the ARS study documented with a picture.
Significantly, too, the explicit claim by Selmo that Russian planes were involved in the attack, which was immediately echoed by the Pentagon, was summarily dismissed by the U.N. panel report, which stated flatly, without further explanation, that “no Russian strike aircraft were nearby during the attack.”
Misplaced Evidence
Yet, despite the multiple discrepancies in the White Helmets’ story, the U.N. investigators said they corroborated the account of the air attack “by a site assessment, including analysis of remnants of aerial bombs and rockets documented at the site, as well as satellite imagery showing impact consistent with the use of air-delivered munitions.”
“White Helmets” symbol expropriates name of “Syria Civil Defense”
The U.N. Commission’s report cited a photograph of the crumpled tailfin of a Russian OFAB-250 bomb found under some boxes in a warehouse as evidence that it had been used in the attack. The White Helmets took the photograph and circulated it to the news media, including to the Washington Post and to the Bellingcat website, which specializes in countering Russia’s claims about its operations in Syria.
But that bomb could not have exploded in that spot because it would have made a crater many times larger than the small indentation in the floor in the White Helmet photo – as shown in this video of a man standing in the crater of a similar bomb in Palmyra.
Something other than an OFAB-250 bomb – such as an S-5 rocket — had caused the fine shrapnel tears in the boxes shown in the photo, as a detail from the larger scene reveals. So the OFAB bomb tailfin must have been placed at the scene after the attack.
Both U.N. imagery analysts and independent experts who examined the satellite images found that the impact craters could not have come from the “aerial bombs” cited by the Commission.
The analysis of the satellite images by United Nations specialists at UNITAR-UNOSAT made public by the U.N. Office of Humanitarian Coordination on March 1 further contradicts the White Helmet account, reflecting the absence of any evidence of either “barrel bombs” or OFAB-250 bombs dropped on the site.
The U.N. analysts identified four spots in the images on pages five and six of their report as “possible impact craters.” But a U.N. source familiar with their analysis of the images told me that it had ruled out the possibility that those impact points could have been caused by either “barrel bombs” or Russian OFAB-250 bombs.
The reason, the U.N. source said, was that such bombs would have left much larger craters than those found in the images. Those possible impact points could have been either from much smaller air-launched munitions or from ground-based artillery or mortar fire, but not from either of those weapons, according to the U.N. source.
Expert Challenges
A former U.S. intelligence official with long experience in analysis of aerial photos and Pierre Sprey, a former Pentagon analyst, both of whom reviewed the satellite images, agreed that the spots identified by UNOSAT could not have been from either “barrel bombs” or OFAB-250 bombs.
The former intelligence official, who demanded anonymity because he still deals with government officials, said the small impact points identified by the U.N. team reminded him of impacts from “a multiple rocket launcher or possibly a mortar.”
Sprey agreed that all of those impact points could have been from artillery or mortar fire but also noted that photographs of the trucks and other damaged vehicles show no evidence that they were hit by an airstrike. The photos show only extensive fire damage and, in the case of one car, holes of irregular size and shape, he said, suggesting flying debris rather than bomb shrapnel.
Sprey further pointed to photographic evidence indicating that an explosion that the U.N. Commission blamed on a Syrian airstrike came from within the building itself, not from an external blast. The building across the street from some of the trucks destroyed by an explosion (in Figure 9 of a series of photos on the Bellngcat website)
clearly shows that the front wall of the building was blown outward toward the road, whereas the rear wall and the roof were still intact.
The photograph (in Figure 10) taken from inside the remains of that same building shows the debris from the blast was blown all the way across the street to the damaged truck. Sprey said those pictures strongly suggest that an IED (improvised explosive device) had been set in the house to explode toward the trucks.
In embracing the Syrian-air-strike narrative — although it falls apart on closer examination — the U.N. “Commission of Inquiry” thus fell into line with the dominant Western political bias in favor of the armed opposition to the Syrian government, a prejudice that has been applied to the Syrian conflict by U.N. organs since the beginning of the war in 2011.
But never has the evidence so clearly contradicted that line as it has in this case – even though you will not learn that by reading or watching the West’s commercial news media.
Gareth Porter is the author of the newly published Manufactured Crisis: The Untold Story of the Iran Nuclear Scare.
WikiLeaks’ Latest CIA Data Dump Undermines Case Against Russia Election Hack
By Dave Lindorff | This Can’t Be Happening! |March 8, 2017
The so-called Deep State and Democratic Party campaign to demonize Russia for allegedly “hacking the US election,” and delivering the country into the hands of Donald Trump suffered a huge and probably mortal blow this week with the release by WikiLeaks of over 7000 secret CIA documents disclosing secret CIA hacking technologies.
The case being made against Russia as being the source of leaked emails of the Democratic National Committee and of Clinton Campaign Chair John Podesta — documents that proved that the DNC had been corrupting the primary process in favor of corporatist candidate Hillary Clinton and undermining the campaign of Vermont Senator Bernie Sanders, and that also revealed the embarrassing contents of Clinton’s highly paid secret speeches to a number of giant Wall Street banks — had always been tenuous, with no hard evidence ever presented. All the intelligence agencies would say was that they had a “high degree of certainty,” or “strong reason to believe” that the Russians were the source of the deeply damaging documents late in the campaign season.
Adding to doubts that Russia had actually hacked the DNC was WikiLeaks itself, which insisted that it had obtained the DNC and Podesta emails not from a hack of computers, but from an internal DNC staffer who actually pulled them off computers with a thumb drive and provided them to the organization — a person later identified as Seth Rich, who was mysteriously murdered on his way home from DNC headquarters in Washington, shot in the back at night in an unsolved case that the local police quickly labeled a “botched burglary,” although nothing was taken from his body by his assailant — not his wallet or watch even. (Wikileaks has offered a $20,000 reward for information that helps solve that uninvestigated case.)
But one thing the blame-Russia conspiracy theorists did have going for them was their assertion that the leaked DNC documents contained routing information and ISPs that pointed to Russia as the source of the hacks.
Now, however, the new CIA documents released by WikiLeaks — the first of a much larger trove of such documents that are reportedly going to be released as WikiLeaks goes through them to remove information that might jeopardize agents or national security — show that among the technologies and hacking tools that the CIA has been using to attack targeted computers, internet servers and even so-called “smart” appliances in people’s homes, like Samsung TV sets, are a number of Russian-developed hacking programs.
As the New York Times wrote in its article on the latest Wikileaks document release, which it is calling “Vault 7”:
Another program described in the documents, named Umbrage, is a voluminous library of cyber-attack techniques that the CIA has collected from malware produced by other countries, including Russia. According to the WikiLeaks release, the large number of techniques allows the CIA to mask the origin of some of its attack and confuse forensic investigators.
The WikiLeaks material includes lists of softward tools that the CIA uses to create exploits and malware to carry out hacking. Many of the tools are those used by developers around the world: coding languages, such as Python, and tools like Sublime Text, a program used to write code, and Git, a tool that helps developers collaborate.”
What this means is that current efforts by Democratic Party leaders and Deep State leakers in the government intelligence sector to pin the blame on Russia for hacking the election or for trying to help elect Trump as president, now must confront the counter-argument that the Deep State itself, in the form of the CIA, may have been behind the hacks, but is making it look like the Russians did it.
Why would the CIA do that? Well, if the concern was that Trump, as he stated throughout the campaign, wanted to end US hostility towards Russia, and to develop friendly relations with that country and its leader, President Vladimir Putin, what better way to toss a spanner into such plans than to make it look like Russia had tried to corrupt the US election?
That charge has been largely adopted unquestioningly by the corporate media in recent months, but it now founders on the new evidence that the CIA has the ability to pose as a Russian hacker!
It looks like the campaign to portray President Trump as a Putin puppet, and to portray Russia as an evil underminer of US democracy will have to come up with another way to attack the Trump administration, and to gin up a new Cold War with Russia. The current effort will no longer pass the laugh test. Democrats seeking to undermine Trump with the US public will have to do better — like maybe actually analyzing the reasons for their epic election defeat, and coming up with a genuinely populist, as opposed to corporatist, program to show ordinary Americans that the party has their interests at heart, and not just the interests of rich campaign contributors.
WikiLeaks and its founder Julian Assange, the latter holed up these past four years under threat of arrest in the Ecuadoran Embassy in London, have done it again.
Although the Deep State hasn’t given up. The NY Times, in its report today on the WikiLeaks documents, also includes the rather lame argument by James Lewis, described as “an expert on cybersecurity at the Center for Strategic and International Studies” (a Washington think-tank closely linked to the US defense and intelligence establishment), that the latest WikiLeaks documents “most likely” were provided not by a “conscience-stricken CIA whistleblower,” but rather via another source. Lewis then suggests that:
“… a foreign state, most likely Russia, stole the documents by hacking or other means and delivered them to WikiLeaks, which may not know how they were obtained.”
Lewis gives no real explanation as to why a Russian hack would be “more likely” than a whistle-blowing CIA employee or contractor to be the source of the leaked documents provided to WikiLeaks, but the Times and its intelligence establishment sources are putting that alternative out there anyhow, clearly in an effort to keep the crumbling anti-Russia campaign afloat.
It will be interesting to see how far the McCarthyite campaign to demonize Russia and to damage the Trump presidency by linking it to Russian perfidy will go, given this new information that the CIA was well-equipped to do its hacking work posing as a Russian entity.
Wikileaks’ Timely Reminder of our Digital Panopticon
“The Panopticon must not be understood as a dream building: it is the diagram of a mechanism of power reduced to its ideal form.” – Michel Foucault
By Kit | OffGuardian | March 7, 2017
In the late eighteenth century English Utilitarian philosopher and social-theorist Jeremy Bentham devised what he called the “perfect prison” – The Panopticon. The design is simple, a circular prison with one guard in the central room, and all the cells facing the guard tower. In this way the gaoler can have a line of sight to every cell at once, and no inmate can ever be sure he’s not being observed. Bentham described it as:
“… a new mode of obtaining power of mind over mind, in a quantity hitherto without example… a mill for grinding rogues honest.”
Wikileaks latest release of classified documents, entitled Vault 7, comes as a timely reminder to all of us (as if we needed it) that the panopticon – the theorized perfect prison – is now a fibre-optic, digitized, hard-coded reality.
Here’s a run down from Wikileaks’ own analysis page (with some added emphasis):
The increasing sophistication of surveillance techniques has drawn comparisons with George Orwell’s 1984, but “Weeping Angel”, developed by the CIA’s Embedded Devices Branch (EDB), which infests smart TVs, transforming them into covert microphones, is surely its most emblematic realization.
The attack against Samsung smart TVs was developed in cooperation with the United Kingdom’s MI5/BTSS. After infestation, Weeping Angel places the target TV in a ‘Fake-Off’ mode, so that the owner falsely believes the TV is off when it is on. In ‘Fake-Off’ mode the TV operates as a bug, recording conversations in the room and sending them over the Internet to a covert CIA server.
As of October 2014 the CIA was also looking at infecting the vehicle control systems used by modern cars and trucks. The purpose of such control is not specified, but it would permit the CIA to engage in nearly undetectable assassinations.
The CIA’s Mobile Devices Branch (MDB) developed numerous attacks to remotely hack and control popular smart phones. Infected phones can be instructed to send the CIA the user’s geolocation, audio and text communications as well as covertly activate the phone’s camera and microphone.
The CIA’s Remote Devices Branch’s UMBRAGE group collects and maintains a substantial library of attack techniques ‘stolen’ from malware produced in other states including the Russian Federation. With UMBRAGE and related projects the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from.
These early analyses show us the powerful trifecta of these operations – the CIA can hear you, find you and…if they deem it necessary…kill you. In fact, the reveal that the CIA has been working on hacking vehicle control systems adds new dimensions to the (as yet unsolved) case of Michael Hastings, a counter-culture voice in the American press who died in an inexplicable car accident four years ago. (A good rundown of the case can be found here.)
The repetition of a now well-established fact – that the CIA, NSA, DHS… whoever… can hack various electrical devices to listen in to our communications is nicely topical, given the current clash between the in-coming and out-going presidential administrations. An interesting thought is that Wikileaks, if it ever was as completely impartial and alternative as it purports to be, might be being used to score political points. The theorized split between the CIA (pro-Hillary) and the FBI (pro-Trump) works well as an explanation for this, as it did with the DNC and Podesta e-mail dumps prior to the elections. Either way, this information is nicely timed to remind the world that, as we already reported, of course Donald Trump was being surveilled. Everyone is.
The final section we’ve highlighted, the proof that “… the CIA cannot only increase its total number of attack types but also misdirect attribution by leaving behind the “fingerprints” of the groups that the attack techniques were stolen from” is an interesting tidbit of information. Worth remembering, because it will almost definitely have fallen down the memory hole next time some “evidence” is produced claiming Russia or China or Iran have hacked this, that or the other.
Further along in Wikileaks’ explanation of the data, and much discussed on CNN and in Congress (who seem rather unfazed by the illegal bugging and possible assassinations), is that the CIA’s arsenal of “cyber-weapons” were unsecured, and probably stolen by unknown parties.
Did state and/or non-state actors access and steal CIA created data-mining programs and spyware? I don’t think it matters. At all. The reasoning behind this is fairly simple. Firstly, there are no groups LESS trustworthy than the American military intelligence institutions. Secondly, and more importantly, I don’t believe it to be true.
I don’t think the CIA had their weapons “stolen”, I think that establishing – in the public eye – that they don’t have sole control of these tools enables them to preserve plausible deniability, in the event they are used.
If the cyber-tools the CIA developed are also in private hands, they were more likely sold than stolen. The CIA has massive corporate ties in the media, defense, pharmaceuticals and countless other big corporate interests. To the extent it is essentially one large family.
So what has the media reaction been? Four years ago I would have answered “disappointing”, these days I would say “predictable”.
CNN chose to focus on the “stolen” angle, suggesting there be a Senate investigation – not into the CIA’s power to illegally surveil and/or kill American citizens – but into their lax security and whether or not they have endangered national security by letting their toys get taken away.
Already the false premise is set and the subject for debate is decided: The question is not whether or not they should have these powers, but whether enough is being done to ensure they are the only people who have them. In this way a public outcry can be generated, the CIA can be brought before the senate and begged to tighten their security (possibly further slipping what little congressional oversight they still endure in the process). Engineering a situation whereby the citizenry plead with you to what you wanted to do all along is one of the oldest tricks of government.
Ewen McAskill, writing in the Guardian, has this to say:
The leak, dubbed “Vault 7” by WikiLeaks, will once again raise questions about the inability of US spy agencies to protect secret documents in the digital age.
He talks about it being an “embarrassment” for the CIA, and “good timing” for Trump. You’ll also be interested to know he considers the sky to be blue, and water wet. In-depth analysis is thin on the ground, as (more troublingly) is any indication that he understands that this is morally repugnant.
The BBC considers Wikileaks revelations to be a smaller story than the Lords voting on small amendments to the article 50 bill, or the Champions League. The story about how the CIA is spying on all of us and researching covert assassination techniques was filed, not under “politics”, but rather “technology”. You can only imagine that, had this modern BBC existed in 1945, they’d have reported the bombing of Hiroshima under “technology” too, perhaps with the headline “US make breakthrough in use of Nuclear energy”.
No one in the media is ready to concede this vindicates Trumps “wire-tap” tweets from a few days ago, or willing to admit that the “that would be illegal!” defence from Obama’s reps was farcical. (They will instead, in the coming days, point to this being another example of WikiLeaks being on Trump’s side and probably in the pay of Russia. Just watch).
All-in-all the media are taking it in their stride, not one source I could find expressed any kind of shock or moral outrage. They take a deliberately apathetic tone chosen very carefully. They tell us the facts, but refuse to analyse them. They address the current reality as the only option.
That the state claims the power to invade our privacy is a given, that they have the tools to do so, an unfortunate fact of life. Set in stone. The way the world works. No thought is given to holding governmental power to account, and no column inches supplied to those with an angry voice. In short the media provide only one message: They are always watching you, and there’s nothing you can do about it.
In that sense the media, and even Wikileaks, provide a valuable service. There’s no point in creating a panopticon if nobody knows they are being watched.
Obamagate Scandal
By Stephen Lendman | March 6, 2017
If Obama ordered Trump Tower wiretapped as Donald Trump claims, evidence may or may not be easily obtained.
If FISA court authorization occurred, a congressional inquiry could prove it. If conducted warrantless by the NSA, CIA or FBI, verifying Trump’s claim will be much harder.
Cooperation by agency heads would be needed. NSA director Admiral Michael Rogers is an Obama administration holdover. So is FBI head James Comey. CIA director Mike Pompeo is a Trump appointee.
If Obama got FISA court authorization to wiretap Trump Tower, or a server the building uses for electronic communications located anywhere, court records would verify it.
Still, it’s unproved so far if spying on Trump occurred, and if so, whether it stemmed from FISA court authorization or by other means.
The NSA, CIA and FBI notoriously conduct warrantless surveillance. Post-9/11, the NSA was authorized by a GW Bush executive order to warrantlessly spy on phone and other electronic communications in the name of national security.
Monitoring internally and abroad followed, a clear Fourth Amendment violation, prohibiting searches and seizures without judicial authorization – based on probable cause.
In 2012, Congress extended warrantless spying, constitutional law ignored. The FISA Amendments Reauthorization Act passed both houses overwhelmingly.
Obama signed it into law. Warrantless spying was extended for another five years. GW Bush and Obama authorized the NSA to eavesdrop on Americans lawlessly.
The CIA and FBI operate the same way extrajudicially. Constitutional protections no longer apply. Rogue governance does what it pleases – the way all police states operate.
It’s bad enough to spy on ordinary Americans, quite another on a major party presidential candidate if hard evidence proves it.
According to a NYT report, FBI director Comey “asked the Justice Department this weekend to publicly reject President Trump’s assertion that President Barack Obama ordered the tapping of Mr. Trump’s phones” – citing the usual unnamed “senior American officials.”
Comey, an Obama holdover, said Trump’s charge is false, according to The Times. The FBI and Justice Department declined to comment.
If a FISA warrant was issued, it would have likely come through the DOJ or the FBI it administers. A statement by AG Jeff Sessions, another senior department official, or Comey would confirm or deny if one or the other agencies was involved. So far, no public comment by either.
Over the weekend, Trump reportedly said “(t)his will be investigated. It will all come out. I will be proven right.”
For starters, he should publicly reveal what he knows, any evidence he’s aware of, putting meat on the bones of his serious accusation.
One thing’s clear. This story has a long way to go. How it’ll end remains uncertain.
Stephen Lendman can be reached at lendmanstephen@sbcglobal.net. His new book is titled Flashpoint in Ukraine: How the US Drive for Hegemony Risks WW III.
US ex-intel chief Clapper believes Russia-Trump claims, despite ‘no evidence to his knowledge’
Former Director of National Intelligence (DNI) James Clapper. © Joshua Roberts / Reuters
RT | March 6, 2017
Former US Director of National Intelligence James Clapper has said on NBC’s ‘Meet the Press’ show that he is unaware of any evidence that the Russian government colluded with the Trump campaign during the US election, but still believes contacts existed.
“We didn’t include evidence in our report that had any reflection of collusion between members of the Trump campaign and the Russians. There was no evidence of that included in our report,” Clapper said, referring to a paper compiled by the NSA, FBI and CIA, together with the office of the DNI.
When asked if such proof even existed, he said: “Not to my knowledge.”
The show’s host, Chuck Todd, continued to press the issue, asking: “If [evidence] existed, it would have been in the report?”
Clapper answered that “this could have unfolded or become available in the time since I left the government. But at the time, we had no evidence of such collusion.”
Todd hinted that the public could start wondering if the situation is “all just smoke,” given the absence of a “smoking gun.”
“Well, that’s a good question. I don’t know,” Clapper responded. “I do think, though, it is in everyone’s interest, in the current president’s interests, in the Democrats’ interests, in the Republican interests, the country’s interest to get to the bottom of all of this, because it’s such a distraction. And certainly the Russians have to be chortling about the success of their efforts to sow dissension in this country.”
Clapper, however, still appeared unable to put his finger on where to look for any proof of the alleged “dissension-sowing.”
Asked if he still believed the Trump-Russia collusion claims, Clapper stated: “Yes, I do.”
Clapper is not the first to face questions over the issue of any substantial proof – or the lack thereof – of the Trump-Russia allegations.
At the end of February, the House Intelligence Committee chief, Rep. Devin Nunes, told journalists that they “still haven’t seen any evidence” of “any phone calls [between the Trump campaign and Russian officials]” but mysteriously added: “It doesn’t mean they don’t exist.”
Moscow has repeatedly denied allegations of contact with the Trump campaign, with the Kremlin spokesman lamenting that it’s become difficult to distinguish fact from fiction in the US media.
“Those reports are not based on concrete facts,” Dmitry Peskov said in mid-February, commenting on claims made by the New York Times and CNN, among others. Peskov noted that “there are five different sources in the story and none are named. So you see, really laughable stories are now given a go.”
Requiem for a Martyr: The “Blind Sheik”, Omar Abdel Rahman, Innocent Victim of Seditious Conspiracy Trial
By Karin Brothers | Global Research | March 5, 2017
“[America’s treatment of me] is a crime that history will never forgive.” – Omar Abdel Rahman
Sheik Omar Abdel Rahman, the “blind sheik”, died on the morning of February 18, 2017, near the 24th anniversary of the 1993 WTC bombing. He was an innocent victim of the US agenda to create a new enemy by engineering events that would make terrorism virtually synonymous with “Islamic fundamentalism”.
Sheik Rahman attained national fame in Egypt while he was on trial for inciting the 1981 assassination of former Egyptian President Anwar Sadat. With a passionate moral integrity, he courageously attacked the government during his two days on the stand; the intensive trial media gave him a national platform that made him famous throughout the Muslim world. His sermons were taped and traded throughout Egypt.
While he was vindicated of the charges against him, President Mubarak’s government ominously refused to give the necessary certification of the verdict and eventually drove Sheik Rahman out of Egypt. The Sheik went to Afghanistan, where he helped the CIA recruit Arab fighters to serve with the US-backed mujahadeen (he would lose at least one of his own sons there), and the Sheik was reportedly on the CIA payroll.
Sheik Rahman came to the US in 1990, hoping to remain until he could safely return to Egypt. According to Benjamin Begin in a 1993 Israel Today newsletter, Rahman’s mosques were infiltrated by FBI and Mossad operatives and would be the source of recruitment for their operations.
The World Trade Center explosion occurred on Friday, February 26th, 1993. The Sheik was soon declared deportable when some of those charged were identified as members of his mosques. The sheik was in the FBI’s crosshairs; the FBI offered Egyptian intelligence agent Emad Salem over one million dollars to entrap him.
The cagey Salem, who had become a trusted member of the Sheik’s inner circle, was aware of the obligation that the Sheik had as spiritual leader to respond to congregants’ needs. Salem blindsided the sheik by going to his home after midnight on a Sunday, pretending to be in a spiritual crisis. He claimed that he felt guilty for his years in the Egyptian military and needed to atone for his actions by attacking a target in the US — such as the United Nations. The sheik tried to fob him off and talked him out of that terrorist target; he suggested that a US military target would be more appropriate, but he told Salem to “slow down” — to cool off. Salem went home happy.
The Joint Anti-Terror Task Force and the Justice Department were allegedly dubious about whether they had evidence that would convict Rahman. The Sheik had repeatedly and publicly denounced the bombing of the WTC and claimed that he had nothing to do with it. Those who heard Emad Salem’s recorded attempt to incriminate the Sheik didn’t think it was persuasive enough to stand up in court. The FBI had tapped the Sheik’s telephones from two weeks before the WTC explosion until June, 1993; there was no evidence of any wrongdoing. The INS said he was complying with the requirements of his deportation appeal. Authorities noted that incarcerating the Sheik would be expensive because of his diabetes. A detention until appeals were completed could have lasted for months — if not for years.
Attorney General Janet Reno, who had publicly been reluctant to charge the Sheik, finally succumbed to the political pressure: pressure that also came from the Egyptian government, which still felt threatened by the Sheik’s popularity. Egyptian officials, afraid that Rahman would be deported to Egypt, wanted him safely incarcerated in the US. On July 1st, 1993, the Justice Department, while avoiding making any criminal charge, decided to take the Sheik into custody – “indefinite administrative detention” — on immigration charges.
The Egyptian conundrum
Egyptian President Hosni Mubarak was afraid of Rahman’s popularity and influence; he appeared to be worried about suffering the same fate as the Shah of Iran, deposed by a popular religious leader. Mubarak banned tapes of Sheik Rahman’s sermons; those found with copies were subject to up to five years in jail. Three thousand copies of a newspaper Al-Hayat that featured a March interview with Rahman were confiscated, and Rahman’s mosque in Fayoum was empty, guarded by a police agent.
While the Egyptian government had initially asked the Clinton administration to hold the Sheik to make sure he was not deported to Egypt, they changed their minds when they were informed that under the immigration charges, the sheik could accept his deportation voluntarily and go to any country that would take him, which could make him even more of a threat to the Mubarak government. After intense discussions, the US agreed to accept Egypt’s official extradition request, which it claimed would take precedence over the deportation charge. The only hitch was that appeals might take as long as eight years.
Mubarak was livid. He reminded the U.S. that he had hosted an Arab summit before the 1991 US-led invasion of Iraq which brought most of the Arab world onside, providing important “optics” for the engineered invasion.
Egyptian authorities were also outraged that two employees of the US Embassy had met earlier that year with prominent members of the Islamic Group, which regarded Sheik Rahman as their spiritual leader. The US seemed to be hedging its bets on Egyptian leadership so that it would not be caught out in Egypt as it had been in Iran, when Khomeini was swept into power. To add insult to injury, there was even a Congressional effort to cut back on US aid to Egypt.
President Mubarak then demonstrated to the Clinton administration who was in charge of Egypt. On July 8th, the Egyptian government hanged seven followers of Sheik Rahman for attacks against foreign tourists and for conspiring to overthrow the Mubarak government. It was the largest number of executions for a political crime in more than four decades, and it would be the start of a brutal campaign against dissidents that would last until the 2011 Arab Spring.
After witnessing Mubarak’s treatment of the Muslim Brotherhood, it was evident that Rahman’s supporters were powerless; Rahman was expendable.
US rejects political asylum for Rahman but can’t extradite him to Egypt
Meanwhile there were unforeseen complications with U.S. efforts to extradite Rahman to Egypt. While the Board of Immigration Appeals rejected Rahman’s appeal for political asylum, it appeared that his appeals would eventually reach the Supreme Court. Also, State Department officials realized that the 100-year old extradition treaty between the US and Egypt did not permit extradition based on “any crime or offense of political character.” While one official claimed that US courts were not limited by treaties, another noted that the treaty strengthened Rahman’s case for political asylum.
The Egyptian plan to ensure that Sheik Rahman would be placed under their control hit another challenge at the end of July when Afghanistan’s Prime Minister Gulbuddin Hekmatyar offered his country as a refuge for the Sheik. The Sheik’s lawyers realized that deportation might be the only way for the sheik to regain his freedom, so they contacted the office of U.S. Attorney Mary Jo White to request his deportation.
White’s office sat on the sheik’s deportation request while trying to accommodate Egypt’s demand for permanent control of the sheik. The problem was that those who were deported were free to go to any country that would accept them, but Egypt did not want the sheik in Afghanistan, where he would be free to communicate with his followers.
The “seditious conspiracy” solution
The sheik’s lawyers were still waiting for a response when, a week later, on August 25th, 1993, Attorney General Janet Reno issued an indictment for Sheik Rahman along with 14 others for “seditious conspiracy”, an obscure charge employed against political dissidents.
The 20-count, 27-page indictment claimed that one terrorist organization [which started in 1989, the year before the sheik arrived in the U.S.] was behind all of the plots and that Sheik Rahman, while not directly involved with the acts, was the “mastermind” who explicitly gave the orders. The listed plots included: plans to attack American military installations; plans to murder F.B.I. agents; plans to seize hostages to help release jailed conspirators; the 1990 killing of Rabbi Meir Kahane; the 1991 killing of Alkifah Center President Mustafa Shalabi; the 1993 WTC bombing [ambiguously included, since there was currently a separate trial for that]; the June “landmarks bombing plot”; and the plot to assassinate President Hosni Mubarak. The New York Times featured a map of the presumed terrorist targets; it appeared that New York City was under a Muslim siege.
The “seditious conspiracy” charge, which had been created to target Confederates at the end of the Civil War, was defined as when two or more people “conspire to overthrow, put down, or destroy by force the Government of the United States, or to levy war against them.” Experts noted that the broad nature of the conspiracy indictment, which did not require connecting a defendant to any specific act of violence and allowed prosecutors to bring in evidence not related to terrorist acts, made it possible to convict people with little proof (let alone evidence) of guilt. Criminal defense experts claimed that the Government was framing the case as much on the defendants’ beliefs as on any acts they may have committed.
Defense lawyers were also disturbed by the Government’s piling up of charges on a socially-isolated and demonized group, especially reviving the Kahane case just two years after El Sayid Nosair had been acquitted. Claiming that the indictment was an attempt to “create an atmosphere of fear and intimidation“, defense lawyer Ronald Kuby noted that, “What they have done is take every allegation, every rumor, every loose end and created a vast mythical Islamic conspiracy. They have created a case that is so big and complicated that it is impossible to defend, impossible to understand, and impossible for any of these defendants to get a fair trial.”
Emad Salem’s tapes
Defense lawyers claimed that Emad Salem entrapped their clients by hiring them for his plots, then taped them making incriminating statements. Salem’s tapes, on which most of this trial would be based, would also include two FBI admissions of overseeing the provision of the WTC explosives. Ron Kuby requested that all of Salem’s tapes collected as evidence (which also showed the FBI’s unsavory ways of doing business) be released in their entirety to the public to expose the case as a conspiracy to frame the defendants. Judge Michael B. Mukasey, (who would be named Attorney General in 2007), refused to allow the tapes to be made public.
The seditious conspiracy trial would be delayed until January, 1995, and corresponded in time to the televised O.J. Simpson trial, which contributed to its lack of media coverage, despite being touted as the terror trial of the century. The year and a half between the defendants’ arrests and their trial gave the Government and courts time to strip the sheik and other defendants of Constitutional rights, including the Sixth Amendment right to counsel, the Fourth Amendment right against unwarranted search and seizure, and other basic freedoms. The homes of two of Rahman’s paralegals would be raided for information against him, and dissident reading material found in defendants’ homes that was deemed “anti-American” or showed “hatred of Jews” could be used as evidence against them.
The seditious conspiracy trial
As with the first World Trade bombing trial, there would be no change of venue, the jury would be unsequestered and — supposedly to protect them from Muslim terror threats — would be identified only by number; their names would never be made public. None of the jury was Muslim.
The media during the entirety of this trial would be filled with various terror stories. The seditious conspiracy trial had barely started when the “mastermind” of the WTC bombing, Ramzi Yousef, arrived in New York with huge media fanfare. Mukasey asked the jury on the day after Yousef’s arrival if their opinions were changed by this media coverage. He immediately determined that they weren’t, but ignored the subsequent barrage of prejudicial media exposure that lasted throughout this trial. Some of Yousef’s publicity should have helped the defendants because Yousef, who didn’t know sheik Rahman, made statements that should have exonerated Rahman and others. Unfortunately Yousef refused to testify at this trial and Judge Mukasey would not permit the defense counsel access to Yousef’s documents that the FBI had taken.
The Oklahoma City bombing, which occurred six weeks later in mid-April, was initially claimed to be similar to the WTC bomb, and due to Muslim terrorism. Mukasey “assumed” that the jury would not be affected by the anti-Muslim media, although the defendants received heightened physical protection in their detention center.
That June, the actual driver of the bomb-laden Ryder van came to media attention and in August, there was media fanfare with his extradition to the U.S.
Sheik Rahman’s (nonexistent) Constitutional rights
Prosecution attention turned to the Sheik’s sermons to show his attitude towards the U.S. as well as his leadership in the Muslim community. Many of the Sheik’s sermons, which encouraged the devout to fight enemies of Islam and God, were read out in an effort to criminalize what should have been his freedoms of speech and belief.
Mukasey barred witnesses that would have shown the role of politics behind the arrest of Sheik Rahman, that would have testified that Rahman was not the radical that the media had described, and that would have provided a clearer understanding of Muslim terms (such as jihad and fatwa) that were being used against the defendants. Mukasey’s rulings were devastating to the Sheik’s defense.
The defense lawyers tried to introduce sealed material from the previous WTC trial that would show the lengths to which the FBI had gone to implicate as well as convict the previous defendants in the World Trade Center trial. Although that material was not produced, FBI scientist Fredrick Whitehurst’s subsequent testimony about the FBI’s incompetence, perjury and obstruction of justice that facilitated the convictions of the four charged in the WTC bombing did tell part of that story.
The Government’s desperation to find damaging information on Sheik Rahman was evident in the arrest of his paralegal at the end of April. The authorities’ claim that Nasser Ahmed’s overstay on a student visa “just came to our attention”, was contradicted by an FBI agent’s message to Ahmed that if he did not cooperate with the FBI, he would be deported to Egypt. After being charged with “secret evidence” and spending three years in solitary confinement, Ahmed would not be released until 1999.
The verdicts
Since this trial showed that there was little evidence that any of the defendants were guilty of any untried crime that had taken place, the prosecution tried to criminalize Islam; it described the defendants as a frightening “jihad army”: foreigners of a mysterious, militant culture. Judge Mukasey assured the jurors they could find that there was a single conspiracy despite the differing defendants and plots, “so long as you find that some of the conspirators continued for the entire duration of the conspiracy to act for the purposes charged in the indictment.”
After deliberating for seven days, the jury returned on October 1, 1995 with guilty verdicts for 48 out of the 50 charges. Sheik Rahman’s lawyer Lynne Stewart broke down and cried.
The defense cries “foul” and calls for a mistrial
The defense counsel immediately called for a mistrial because they believed that the problems with the trial were so egregious. It was clear that the FBI made use of Egypt’s intelligence agent as an agent provocateur to carry out its own agenda. Some defendants claimed that exculpatory conversations were missing from the tapes; the FBI admitted that they had “briefly” returned the tapes to Salem after they had been entered as evidence.
Judge Mukasey told the defense lawyers that he would consider their request to hold a post-trial hearing on the issue of whether he should overturn the convictions. But on January 10, 1996, he rejected the defense motion to throw out the convictions of Sheik Omar Abdel Rahman and nine others, claiming that there was no proof that the evidence that Salem had destroyed would have helped exonerate the defendants. Mukasey ignored Salem’s obvious motive for destroying evidence and the FBI’s interest in wanting him to do it.
Mukasey was determined to make an example of these “terror” defendants. While the sentence for seditious conspiracy was 20 years, Mukasey used that as a starting point, and added the other charges on top of that. He used his discretionary powers to make each part of the sentences sequential rather than concurrent; the sentences ranged from 30 years to life.
Sheik Rahman was sentenced to life. Worse, the government silenced Rahman even further by new “Special Administration Measures” which allowed them to essentially isolate him totally. To facilitate that agenda, it taped what were supposed to be his private conversations with his lawyer Lynne Stewart, and would imprison her for trying to circumvent the restrictions.
The obscure conspiracy law came into its own
The prosecution congratulated itself on its use of the seditious conspiracy charge. The verdict showed that the conspiracy law provided them with an easy venue to obtain verdicts with little evidence and for which no crimes had occurred. The conspiracy charge would become the mechanism to convict Muslims in future terror trials because of the low standards required of any individual’s involvement.
The price
This trial demonstrated how the efforts of the government, the courts and the media — particularly the New York Times — ensured that the Muslim defendants could not obtain a fair trial. The New York Times enabled convictions in all of these related trials by maligning the defendants with anonymous government leaks, generally using biased and inflammatory language to describe them, and invariably assuming their guilt.
The injustice of these convictions and the fruitless appeals have been clear to those following the cases. While few Americans seem to be aware of the injustice, it has not been lost on the worldwide Muslim community. There were various actions designed to free Sheik Rahman, including the 2005 kidnapping of the four Christian Peacemaker Team members in Iraq: Tom Fox (who died), James Loney, Norman Kember and Harmeet Singh Sooden.
The world lost a passionate voice for moral integrity with the silencing of Sheik Omar Abdel Rahman, and his death before attaining justice was tragic. His passing should provide Americans the opportunity to understand how FBI-monitored acts were used to eliminate Constitutional rights to freedom of speech, freedom of belief, the right against unreasonable search and seizure, the right to counsel, and protection from cruel and unusual punishment. By ignoring the elimination of Muslim rights, Americans are laying the groundwork for the elimination of their own.
Karin Brothers is a freelance writer.
Copyright © Karin Brothers, Global Research, 2017
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By Robert Parry | Consortium News | October 3, 2010
Last week’s grotesque revelation about American public health doctors infecting nearly 700 Guatemalans with venereal disease to test penicillin from 1946-48 marked just the start of the U.S. government’s post-World War II abuse of that Central American country.
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