Archive for the ‘law’ Tag

“America Under the Gun”: Our award-winning investigation

Proud to share some exciting news: The investigation into mass shootings that I’ve led at Mother Jones has recently been honored with multiple journalism awards: the 2013 Izzy Award, a Society of Professional Journalists award for reporting excellence, and an Online Journalism Award.

AmericaUndertheGun
You can read my series of stories from the project and explore all of our data, charts, maps, and additional coverage on MoJo’s special report page.

Gabby Giffords and poison politics

In case you missed it, Gabrielle Giffords’ arrival for the State of the Union on Tuesday night was something to behold. In a House chamber so often filled with vapid political theater, the recovering congresswoman’s presence drew a powerful and authentically poignant response—watch it here.

Sadly, the bloodbath she barely survived in Arizona a year ago and its aftermath do not seem to have tempered America’s poisonous politics at all: Just hours before Giffords got a standing ovation in Congress and embraced President Obama, some unknown stalker was targeting four female Democratic lawmakers in Missouri’s Capitol with rifle crosshairs. Details are in my piece from last night over at MoJo.

The case of the New York Times’ terror error

As the 10th anniversary of 9/11 approaches, it isn’t hard to recall the politically fraught case of the 20-year-old bearded kid captured by US soldiers in Afghanistan in late 2001. But think the media got the whole story right on the so-called American Taliban?

Think again: Nearly a decade later, a rather extraordinary meltdown occurred during a recent San Francisco radio show focused on the case of John Walker Lindh. It happened thanks to 14 erroneous words printed in the New York Times in July 2002. My MediaBugs partner Scott Rosenberg and I just published a long piece in The Atlantic that traces the tale and explains its profound implications for news accuracy in the digital age. Here’s how it begins:

***

It is hard to describe the interview that took place on KQED’s Forum show on May 25, 2011, as anything other than a train wreck.

Osama bin Laden was dead, and Frank Lindh — father of John Walker Lindh, the “American Taliban” — had been invited on to discuss a New York Times op-ed piece he’d just published about his son’s 20-year prison sentence. The moment host Dave Iverson completed his introduction about the politically and emotionally charged case, Lindh cut in: “Can I add a really important correction to what you just said?”

Iverson had just described John Walker Lindh’s 2002 guilty plea as “one count of providing services to a terrorist organization.” That, Frank Lindh said, was simply wrong.

Yes, his son had pled guilty to providing services to the Taliban, in whose army he had enlisted. Doing so was a crime because the Taliban government was under U.S. economic sanctions for harboring Al Qaeda. But the Taliban was not (and has never been) classified by the U.S. government as a terrorist organization itself.

This distinction might seem picayune. But it cut to the heart of the disagreement between Americans who have viewed John Walker Lindh as a traitor and a terrorist and those, like his father, who believe he was a fervent Muslim who never intended to take up arms against his own country.

That morning, the clash over this one fact set host and guest on a collision course for the remainder of the 30-minute interview. The next day, KQED ran a half-hour Forum segment apologizing for the mess and picking over its own mistakes.

KQED’s on-air fiasco didn’t happen randomly or spontaneously. The collision was set in motion nine years before by 14 erroneous words in the New York Times.

This is the story of how that error was made, why it mattered, why it hasn’t been properly corrected to this day — and what lessons it offers about how newsroom traditions of verification and correction must evolve in the digital age.

***

Read the whole thing here in The Atlantic. We reexamined the complicated Lindh case and conducted interviews with Frank Lindh, reporters and editors at the New York Times and KQED, and experts on media accuracy to get to the bottom of what turned out to be a fascinating case study.

Bonus link: Apparently the New York Times is not the only major news outlet with a Lindh error lurking in its digital archive.

“The White House wants to get him”

I’m still stunned from reading this story on the front page of today’s New York Times. Officials in George W. Bush’s White House, James Risen reports, directed the Central Intelligence Agency to dig up damaging personal information on Juan Cole, an American university professor, Middle East expert and zealous critic of the Iraq war. The CIA’s illegal spying against Cole apparently took place in 2006. At the time I was one of his editors at Salon, where he contributed a regular column.

Risen reports on revelations from a top counterterrorism official, Glenn L. Carle, who was deeply troubled by Bush administration plotting against Cole:

In 2005, after a long career in the C.I.A.’s clandestine service, Mr. Carle was working as a counterterrorism expert at the National Intelligence Council, a small organization that drafts assessments of critical issues drawn from reports by analysts throughout the intelligence community. The council was overseen by the newly created Office of the Director of National Intelligence. Mr. Carle said that sometime that year, he was approached by his supervisor, David Low, about Professor Cole. Mr. Low and Mr. Carle have starkly different recollections of what happened. According to Mr. Carle, Mr. Low returned from a White House meeting one day and inquired who Juan Cole was, making clear that he wanted Mr. Carle to gather information on him. Mr. Carle recalled his boss saying, “The White House wants to get him.”

“‘What do you think we might know about him, or could find out that could discredit him?’” Mr. Low continued, according to Mr. Carle.

Mr. Carle said that he warned that it would be illegal to spy on Americans and refused to get involved, but that Mr. Low seemed to ignore him.

“But what might we know about him?” he said Mr. Low asked. “Does he drink? What are his views? Is he married?”

Mr. Carle said that he responded, “We don’t do those sorts of things,” but that Mr. Low appeared undeterred. “I was intensely disturbed by this,” Mr. Carle said.

The next day Carle came across a memo on Cole bound for the White House. The supervisor to whom Carle took it marked it up with a red pen and told Carle that he’d take care of it. But Cole remained a target.

Several months after the initial incident, Mr. Carle said, a colleague on the National Intelligence Council asked him to look at an e-mail he had just received from a C.I.A. analyst. The analyst was seeking advice about an assignment from the executive assistant to the spy agency’s deputy director for intelligence, John A. Kringen, directing the analyst to collect information on Professor Cole.

Mr. Carle said his colleague, whom he declined to identify, was puzzled by the e-mail. Mr. Carle, though, said he tracked Mr. Kringen’s assistant down in the C.I.A. cafeteria.

“Have you read his stuff?” Mr. Carle recalled the assistant saying about Professor Cole. “He’s really hostile to the administration.”

The assistant, whom Mr. Carle declined to identify, refused to say who was behind the order. Mr. Carle said he warned that he would go to the agency’s inspector general or general counsel if Mr. Kringen did not stop the inquiry.

Notable, too, in the Times story are the equivocal denials from three higher-ups (including John Negroponte, then the director of national intelligence), all of whom seem to have lost their faculty for clear memory.

Today at his Informed Comment blog, Cole himself weighs in. He notes that officials from the intelligence community and Bush administration were in fact interested in his expertise on terrorism and the Middle East, some of whom attended talks he gave. “Apparently one of the purposes of spying on me to discredit me, from the point of view of the Bush White House, was ironically to discourage Washington think tanks from inviting me to speak to the analysts, not only of the CIA but also the State Department Intelligence and Research and other officials concerned with counter-terrorism and with Iraq.”

Cole describes Carle’s revelations as “a visceral shock,” concluding:

What alarms me most of all in the nakedly illegal deployment of the CIA against an academic for the explicit purpose of destroying his reputation for political purposes is that I know I am a relatively small fish and it seems to me rather likely that I was not the only target of the baleful team at the White House. After the Valerie Plame affair, it seemed clear that there was nothing those people wouldn’t stoop to. You wonder how many critics were effectively “destroyed.” It is sad that a politics of personal destruction was the response by the Bush White House to an attempt of a citizen to reason in public about a matter of great public interest. They have brought great shame upon the traditions of the White House, which go back to George Washington, Thomas Jefferson, and James Madison, who had hoped that checks and balances would forestall such abuses of power.

In the summer of 2008, with Barack Obama and the Democrats poised to take control of Washington, another Salon contributor, Tim Shorrock, reported on plans brewing on Capitol Hill for a potentially major investigation of abuses. The idea was “to have Congress appoint an investigative body to discover the full extent of what the Bush White House did in the war on terror to undermine the Constitution and U.S. and international laws. The goal would be to implement government reforms aimed at preventing future abuses — and perhaps to bring accountability for wrongdoing by Bush officials.”

Some might say that a catastrophic economic meltdown, among other daunting challenges, got in the way. But despite the inaction, others might say that defending America’s constitutional foundation against internal rot is as important as anything.

UPDATED 6/18/11: A Boston Globe editorial calls for a congressional investigation, suggesting that the alleged Bush-CIA shenanigans “should be treated as the possible relapse of a bad disease.” (Hat tip: @TheByliner.)

John Yoo’s faulty Bin Laden conspiracy theory

John Yoo is someone who knows how to push an argument. At the U.S. Justice Department he designed rationales for the most controversial policies of the Bush-Cheney “war on terror,” and since then he has promoted right-wing political views in the opinion pages of the Wall Street Journal. Yoo must also know that an argument, however unyielding, quickly goes limp when it gets basic facts wrong.

If so, he hasn’t bothered to address a key problem with his recent Op-Ed trashing President Obama for the killing of Osama bin Laden. His misrepresentation of the CIA’s role, flagged in a MediaBugs error report, undermines Yoo’s most audacious critique of the president.

What was hailed across the press and party lines as Obama’s “gutsy” call to send in the Navy Seals, Yoo regarded as a botched opportunity. He suggested that the U.S. might have taken bin Laden alive. “If true, one of the most valuable intelligence opportunities since the beginning of the war has slipped through our hands,” Yoo wrote in the Journal.

That was just part of how he reiterated the case for the Bush administration’s brutal interrogations of terrorist suspects. Yoo further argued that Obama wanted bin Laden not dead or alive, but just dead — because taking him prisoner would have required Obama “to hold and interrogate bin Laden at Guantanamo Bay, something that has given this president allergic reactions bordering on a seizure.”

Here’s the problem: Yoo’s argument hangs on a faulty summation of the intelligence trail that brought the Navy Seals to Abbottabad. From Yoo’s perspective, as the U.S. closed in on the compound “the CIA became certain that the al Qaeda leader was hiding inside.”

That doesn’t square with planning and operational details made public by top Obama officials and the president himself. As many news outlets have reported, Obama had to calculate his risky decision based on uncertain evidence of bin Laden’s whereabouts. According to CIA director Leon Panetta, analysts were only 60 to 80 percent confident bin Laden would be found in the compound. “We never had direct evidence that he in fact had ever been there or was located there,” Panetta said. National Security Advisor Tom Donilon said Obama made his move based on “what was probably a 50-50 chance that Osama bin Laden was there.” The president himself said on “60 Minutes” that “there was no direct evidence” of bin Laden’s presence.

If Yoo and the editors of the Wall Street Journal know something about the bin Laden operation the rest of don’t, they should share it. Otherwise, they should correct the record.

In a recent conversation about news accuracy, a senior editor at the New York Times told me that its opinion writers tend to get more leeway than its news reporters do when it comes to drawing context. Still, he said that when an opinion writer has clearly gotten a fact wrong “you have to correct it.”

We agree. The question is, does the Wall Street Journal? We may not get an answer to that; thus far the Journal has been unresponsive to inquiries about Yoo’s piece, and its newsroom has proven inaccessible on such matters in prior cases.

It’s unsurprising to see Yoo argue for the notorious interrogation policies he helped craft. (Or for more credit for bin Laden’s demise to go to the president he worked for.) But his implication that Obama — armed with full-proof intelligence — intended from the get-go to bury bin Laden at sea just so he wouldn’t have to decide whether to waterboard him looks foolish in the face of widely reported facts. Meanwhile, the Times has since reported that the White House had two teams of specialists ready for action during the mission: “One to bury Bin Laden if he was killed, and a second composed of lawyers, interrogators and translators in case he was captured alive.”

As of this writing, MediaBugs’ multiple emails to Yoo and the Wall Street Journal have gotten no response and Yoo’s piece remains as it was first published.

[Cross-posted from the MediaBugs blog.]

UPDATED: A couple of interesting comments over at the MediaBugs blog.

UPDATED, 5/16/11: In the Washington Post today, Greg Sargent reports about a “private letter” from Leon Panetta to John McCain strongly making the case that interrogation by torture was not instrumental in tracking down Osama bin Laden.

The Panetta letter reveals further problems with Yoo’s piece, in which Yoo claimed: “CIA interrogators gathered the initial information that ultimately led to bin Laden’s death. The United States located al Qaeda’s leader by learning the identity of a trusted courier from the tough interrogations of Khalid Sheikh Mohammed, the architect of the 9/11 attacks, and his successor, Abu Faraj al-Libi.”

But according to Panetta’s letter: “We first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002.”

Panetta continued: “It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. … In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. This information was discovered through other intelligence means.”

UPDATED, 5/23/11: And now Yoo’s polemic in the Wall Street Journal has been further discredited by reporting in… the Wall Street Journal. In March, according to the Journal, Defense Secretary Bob Gates also felt explicit uncertainty about bin Laden’s presence in Abbottabad (emphasis mine):

The B-2 plan had many supporters, particularly among military brass. A bombing would provide certainty that the compound’s residents would be killed, and it posed less risk to U.S. personnel. At the time, Mr. Gates, the defense secretary, was skeptical of the intelligence case that bin Laden was at the compound.

As late as April 28 — just three days before the raid — Gates still worried about it. Obama convened his top national security advisers in the White House Situation Room. “Only at that meeting,” reports the Journal, “did Mr. Gates come around to fully endorsing the operation, because of his skepticism of the intelligence indicating bin Laden was there.”

WikiLeaks exposed

No matter where you come down on the veracity, morality or impact of WikiLeaks’ mountainous Afghan “war diary,” its release has been a fascinating event. It prompted me to reread Raffi Khatchadourian’s first-rate New Yorker profile of WikiLeaks founder Julian Assange, where several passages have fresh resonance in the wake of the latest document dump. (Back in April WikiLeaks made waves when it released a controversial video showing an attack by a U.S. Apache helicopter in Baghdad that killed seven people including two journalists.) There’s been much debate since Sunday, not to mention pushback from the White House, about whether WikiLeaks’ disclosures endanger U.S. troops and allies. Assange takes a provocative stance in this regard. As Khatchadourian reported back in early June:

I asked Assange if he would refrain from releasing information that he knew might get someone killed. He said that he had instituted a “harm-minimization policy,” whereby people named in certain documents were contacted before publication, to warn them, but that there were also instances where the members of WikiLeaks might get “blood on our hands.”

Also widely discussed right now is the idea of WikiLeaks as a kind of roguish champion of transparency — one that is itself frustratingly, if perhaps necessarily, opaque. Khatchadourian also considered this problem in striking terms: “Soon enough, Assange must confront the paradox of his creation: the thing that he seems to detest most — power without accountability — is encoded in the site’s DNA, and will only become more pronounced as WikiLeaks evolves into a real institution.”

I highly recommend reading the full profile if you haven’t; Assange’s personal background and various perspectives are quite illuminating with regard to the global splash his organization currently is making.

Another major theme since Sunday has been the story’s impact on media itself. Without a doubt we are in an evolutionary moment. Jay Rosen has some great thoughts on the ramifications of WikiLeaks’ rise: “In media history up to now,” he says, “the press is free to report on what the powerful wish to keep secret because the laws of a given nation protect it. But Wikileaks is able to report on what the powerful wish to keep secret because the logic of the Internet permits it. This is new. Just as the Internet has no terrestrial address or central office, neither does Wikileaks.”

There’s another aspect of the freshly tweaked media equation that I find fascinating: How effectively Assange and his (unknown) collaborators played a bunch of prominent global news institutions in the service of their cause. Why did they give the trove of so-called war logs to the New York Times, the Guardian and Der Spiegel first, rather than just release all the raw material for anyone to dive into from the get-go?

“It’s counterintuitive,” Assange explained in October 2009. “You’d think the bigger and more important the document is, the more likely it will be reported on but that’s absolutely not true. It’s about supply and demand. Zero supply equals high demand, it has value. As soon as we release the material, the supply goes to infinity, so the perceived value goes to zero.”

It’s certainly no coincidence that three media giants (from countries with troops in the war zone) were offered the embargoed material; WikiLeaks could bet that the New York Times wasn’t going to pass on it knowing that the Guardian or Der Spiegel might well produce a big exposé (and vice versa). You can sense the effect of this calculation bristling beneath comments from New York Times executive editor Bill Keller about his organization’s subsequent reporting project:

First, The Times has no control over WikiLeaks — where it gets its material, what it releases and in what form. To say that it is an independent organization is a monumental understatement. The decision to post this secret military archive on a Web site accessible to the public was WikiLeaks’, not ours. WikiLeaks was going to post the material even if The Times decided to ignore it.

Keller also noted: “At the request of the White House, The Times also urged WikiLeaks to withhold any harmful material from its Web site.”

By which Rosen further points out: “There’s the new balance of power, right there. In the revised picture we find the state, which holds the secrets but is powerless to prevent their release; the stateless news organization, deciding how to release them; and the national newspaper in the middle, negotiating the terms of legitimacy between these two actors.”

Here are some additional pieces to the WikiLeaks/Afghanistan story that are well worth checking out:

Amy Davidson with a thoughtful take on the huge trove of raw information: “WikiLeaks has given us research materials for a history of the war in Afghanistan. To make full use of them, we will, again, have to think hard about what we are trying to learn: Is it what we are doing, day to day, on the ground in Afghanistan, and how we could do it better? Or what we are doing in Afghanistan at all?”

Philip Shenon discussing the WikiLeaks phenomenon on “Fresh Air”: “You certainly hear at the Pentagon, at the White House, concern that one of these days somebody is going to leak something really important to an organization like Wikileaks. The example given to me is American nuclear secrets or the whereabouts of Osama bin Laden. Would Wikileaks put that out to the world without much filtering, and isn’t there a threat in that?”

Steven Aftergood, a respected voice on government secrecy, noting that WikiLeaks represents a creative solution to “over-control of government information” — but ultimately blasting WikiLeaks as being “among the enemies of open society because it does not respect the rule of law nor does it honor the rights of individuals.”

The WikiLeaks “about” page, which offers some bold declarations of purpose: “In an important sense, WikiLeaks is the first intelligence agency of the people. Better principled and less parochial than any governmental intelligence agency, it is able to be more accurate and relevant. It has no commercial or national interests at heart; its only interest is the revelation of the truth. Unlike the covert activities of state intelligence agencies, WikiLeaks relies upon the power of overt fact to enable and empower citizens to bring feared and corrupt governments and corporations to justice.”

Here’s the main page for the New York Times series.

And you can follow WikiLeaks activity on Twitter. (Bio: “We open governments.”)

UPDATE 7/28/10:
Forget the dismissive Pentagon Papers comparison that’s becoming conventional wisdom — see this sharp analysis from Joel Meares at CJR on the value of the Afghanistan docs: “The WikiLeaks documents put an underreported war back on the nation’s radar. It doesn’t matter that the pundits are yawning.”

Also now on CJR: Clint Hendler traces in detail how the WikiLeaks docs made their way into the Times, Guardian and Der Spiegel, “from Brussels, to a bunker, to blockbusters.” Part of his reporting underscores my view above as to how Assange played his hand with the three powerhouse news outlets:

On June 22, during a six hour coffee-soaked meeting in a Brussels café, Davies [a Guardian reporter] says Assange suggested another idea — that The Guardian and The New York Times be given an advance look at some information the site had on the Afghanistan war, with each paper publishing their own takes on the documents. Within the next twenty-four hours, Davies says Assange told him Der Spiegel should be included as well.

The piece recounts the unusual, highly secretive collaboration between the three news outlets that followed, as well as differing views on Assange’s involvement in the process. It’s an intriguing read that answers some questions while raising others — not only about how a rather mysterious new media force drove a global news cycle, but also about how things will go down when WikiLeaks makes its next move to foment a “global revolution,” as it puts it, in government and institutional accountability.

UPDATE 7/29/10:
Some commentators have suggested that the WikiLeaks story essentially was over after a couple days. Far from it, judging by the reaction of U.S. officials.

Speaking at a Pentagon press conference on Thursday, Defense Secretary Bob Gates said that the disclosures had “potentially dramatic and grievously harmful consequences,” including for Afghans identified in the documents who had helped the U.S. war effort. Added Admiral Mike Mullen, chairman of the joint chiefs of staff: “Mr. Assange can say whatever he likes about the greater good he thinks he and his source are doing, but the truth is they might already have on their hands the blood of some young soldier or that of an Afghan family.” (It’s interesting that Mullen seemed to refer to Assange’s source as a single person.) Meanwhile, the Justice Department apparently is looking into possible espionage charges against Assange and his organization. (That may be a stretch.) And Assange has said that WikiLeaks has another 15,000 unreleased Afghan war documents in its possession.

In the shadowy trenches of the Tea Party

America’s so-called Tea Party movement has been a fixation of pundits both left and right for many months now. It got considerable credit for one of the biggest electoral turnabouts in a long time. But elusive, it seems, is who or what exactly constitutes this gathering storm of grassroots rage. And is it worthy of serious attention?

If a recent spate of coverage digging deeper is an indication, the answer is yes, although nobody has quite been able to say what the movement portends. Angry populism is an age-old theme in American politics. What is intriguing about the contemporary manifestation is that it seems to be as incoherent as it is alarming.

A Tea Party rally in Washington in September. (Photo: Amanda Lucidon/New York Times.)

In a lightning rod of an Op-Ed this week, Robert Wright pondered whether Joseph Stack, the anti-tax crusader who piloted a suicide mission into a Texas office building, could be considered “the first Tea Party terrorist.” He also wondered about how “purely conservative” the Tea Party movement actually may be. “Yes, it mobilized against a liberal health care bill and the stimulus package, but it also opposes corporate bailouts,” Wright noted. “Sure, Tea Partiers hate taxes, but that alone doesn’t distinguish them from many Americans. On social issues the Tea Partiers include some libertarians along with a larger number of family-values conservatives. And when you move to foreign policy, things don’t get more coherent. Though some Tea Partiers are hawks, many follow Ron Paul’s lead, combining a left-wing critique of military engagement with a right-wing aversion to the United Nations and other multilateral entanglements.”

A lengthy dispatch from New York Times investigative reporter David Barstow earlier this month cast light on the rising fringe of the movement: “Urged on by conservative commentators, waves of newly minted activists are turning to once-obscure books and Web sites and discovering a set of ideas long dismissed as the preserve of conspiracy theorists, interviews conducted across the country over several months show. In this view, [President] Obama and many of his predecessors (including George W. Bush) have deliberately undermined the Constitution and free enterprise for the benefit of a shadowy international network of wealthy elites.”

Maybe it’s just that tough times in America call for a tough kind of paranoia. As Barstow further considered:

A popular T-shirt at Tea Party rallies reads, “Proud Right-Wing Extremist.”

It is a defiant and mocking rejoinder to last April’s intelligence assessment from the Department of Homeland Security warning that recession and the election of the nation’s first black president “present unique drivers for right wing radicalization.”

“Historically,” the assessment said, “domestic right wing extremists have feared, predicted and anticipated a cataclysmic economic collapse in the United States.” Those predictions, it noted, are typically rooted in “antigovernment conspiracy theories” featuring impending martial law. The assessment said extremist groups were already preparing for this scenario by stockpiling weapons and food and by resuming paramilitary exercises.

(Photo: Lucian Read/MoJo.)

Enter the Oath Keepers faction of the movement, a loose-knit group of military and law enforcement officials who vow to disobey orders they deem unconstitutional — and to mount violent resistance to the U.S. government if necessary. Reporting for the latest issue of Mother Jones, Justine Sharrock trailed the Oath Keepers for months, also encountering a murky organization and ideology. “Oath Keepers is officially nonpartisan, in part to make it easier for active-duty soldiers to participate,” Sharrock explains, “but its rightward bent is undeniable, and liberals are viewed with suspicion.” Yet, some of the group’s objections to federal power would seem to align them directly with the fiercest critics of the George W. Bush government. Oath Keepers keep a list of orders that they should refuse to obey, according to Sharrock — including conducting warrantless searches and holding American citizens as enemy combatants (e.g. José Padilla) or subjecting them to military tribunals.


“In the months I’ve spent getting to know the Oath Keepers,” she reports, “I’ve toggled between viewing them either as potentially dangerous conspiracy theorists or as crafty intellectuals with the savvy to rally politicians to their side. The answer, I came to realize, is that they cover the whole spectrum.”

Cambridge cop accidentally arrests Gates again

The beer summit, it turns out, was a huge waste of time — it seems Obama had it right about Crowley all along. This just in, from America’s Finest News Source:

Henry_Gates_mugWASHINGTON — Upon arriving late to his meeting with President Barack Obama and famed African-American intellectual Henry Louis Gates, Cambridge police officer James Crowley once again detained the distinguished Harvard scholar after failing to recognize the man he had arrested just two weeks earlier, White House sources reported Thursday. “When I entered the Oval Office, I observed an unidentified black male sitting near Mr. Obama, and in the interest of the president’s safety, I attempted to ascertain the individual’s business at the White House,” Crowley said in a sworn statement following the arrest. “The suspect then became uncooperative and verbally abusive. I had no choice but to apprehend him at the scene for disorderly conduct.” Witnesses said that Sgt. Crowley, failing to recognize Gates on their flight to Logan Airport, arrested the tenured professor in midair, once again at the baggage claim, and twice during their shared cab ride back to Cambridge.

Warning: Do not attempt to launch nuke using your MacBook

MacBookPro-13inchopenJust got a sparkling new MacBook Pro 13. This thing is smokin’. It handles like 007′s ride next to the ancient PowerBook G4 laptop with which I was barely coasting into yesterday. But this morning I stepped on the brakes when browsing the pocket-sized user booklet. While Apple’s branding gurus seem to have perfected the slickster-yet-friendly tone, buried in one of the snappy little chapters (e.g. “Ready, Setup, Go”) was quite a disclaimer. From “Last, but Not Least,” on page 68:

High-risk activities – This computer is not intended for use in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control systems, or for any other uses where the failure of computer could lead to death, personal injury, or severe environmental damage.”

nuclear_explosion

For real? I reckon the folks in Cupertino know too well that we dwell in an absurdly litigious society. Or maybe they’re just still haunted by Matthew Broderick’s fateful dalliance in 1983.

Sharp turn on Wall Street

My cover story for the July/August issue of Arrive is now riding the northeastern rails, a look at the nation’s economic crisis and the role of the financial media. CNBC’s Maria Bartiromo, the Wall Street Journal’s David Wessel and others ponder the end of days on Wall Street and what the American economy will look like on the other side of its most vicious hangover in decades.

CNBC has taken some big lumps this year for the behavior of some of its on-air personalities, perhaps deservedly so. But during a lengthy chat for the story earlier this year, after pushing past a bit of canned stuff, I found Bartiromo to be quite knowledgeable, engaging and forthright. And I happen to agree with her take on Jon Stewart’s big beatdown of Jim Cramer and CNBC back in March.

wall_street_signWill America’s investment banking sector soon be a miniature of its turn-of-millennium self? (And would that be a good thing?) Who are the most deserving villains in the blame game? Read on… Meanwhile, during a quick ATM stop at a Chase bank branch yesterday I witnessed an exchange that seemed in some small way encouraging — perhaps an indication that America has started to move beyond the denial/anger stage, and into the acceptance/change stage.

A bank employee was walking out just as a long-time customer was walking in. The customer asked the bank employee if in the past few weeks it had gotten any easier to get a loan. (The specific type wasn’t clear, though it was obviously either a home mortgage or small business loan.) “No, it hasn’t gotten any easier,” the bank employee said, with a cheery smile. “As you know, they’re asking a lot more questions now.” The customer smiled back, unfazed, and headed into the bank, paperwork in hand.

Black clouds over Tehran

There will be blood — much more of it, if need be — was the implicit message from Ayatollah Khamenei at Friday prayers in Tehran. “Struggling on the streets after elections is not acceptable,” the Iranian Supreme Leader said. “If they do not stop these actions, then any consequences will be their responsibility.”

KhameneiJune19AFP

Khamenei emphasized that the Islamic republic would never “commit treason” by manipulating votes, that the country’s legal system does not allow vote-rigging. Mahmoud Ahmadinejad’s large margin of victory — supposedly by 11 million votes — proved that the election could not have been fixed, Khamenei said.

Many Iranians, and people around the world, understand that’s a lie. As Stanford University’s Abbas Milani noted on CNN Thursday night, numerous towns across Iran had reported vote totals for Ahmadinejad amounting to more than 100 percent of their resident populations.

protestJune17AFP

But in Iran the fist, not the facts, likely will prevail.

batonsJune14AFP-2Neil MacFarquhar reports on the violence unleashed in Iranian cities at night since last Friday’s election, with the vigilante thugs known as Basijis beating, looting and sometimes gunning down protesters they tracked during the day. Says one Iranian exile who helped found the Revolutionary Guards during the 1979 Islamic revolution: “It is the special brigades of the Revolutionary Guards who right now, especially at night, trap young demonstrators and kill them.”

If mass protests continue, as seems almost certain, more violence will spill into broad daylight, whether or not any foreign media is left inside the country to document it.

UPDATE: The Times’ Lede blog has a source in Tehran describing the use of Twitter — apparently less instrumental in organizing street demonstrations, while “primarily being used to communicate with the outside world.”

Regarding prospects for greater violence and ultimate political outcome, Steve Clemons shares an interesting dispatch from “a well-connected Iranian internationalist” who has been in Tehran during the post-election unrest. The source describes witnessing young Mousavi supporters in the streets at night, fighting back by “hunting” Basijis. He describes them as agile “militia style” groups, including “a surprising number of girls.”

Panetta ices Cheney, but CIA skates

PanettaNewYorkerA long article about CIA director Leon Panetta in the June 22 issue of the New Yorker has prompted a flurry of media attention for comments Panetta made in reaction to Dick Cheney’s latest fear mongering over terrorism and U.S. national security. “It’s almost as if he’s wishing that this country would be attacked again, in order to make his point,” Panetta said of Cheney, according to the article. “I think that’s dangerous politics.”

Cheney pushed back on his “old friend Leon” on Monday, according to Fox News. John McCain also jumped in, defending Cheney’s motivations and playing up discord among rank-and-file spooks: “By the way, I hear morale is not at an all-time high over at the CIA under Mr. Panetta’s leadership,” McCain said. Joe Biden weighed in on the talk-show circuit.

The back and forth is politics in the wake of dueling speeches from Obama and Cheney, but it’s a sideshow. Perhaps the famously secretive Cheney’s inner thoughts can’t really be known, but his hand in brutal interrogation policy couldn’t be better known. As I wrote about here recently, paramount for Cheney is protecting his political legacy and seeing his national security policies vindicated. (The essence of Panetta’s point.) The real news in the New Yorker article, buried deep into its 7,600 words, is the continuing absence of accountability for those who carried out Cheney’s vision to horrific ends.

No criminal charges have ever been brought against any C.I.A. officer involved in the torture program, despite the fact that at least three prisoners interrogated by agency personnel died as the result of mistreatment. In the first case, an unnamed detainee under C.I.A. supervision in Afghanistan froze to death after having been chained, naked, to a concrete floor overnight. The body was buried in an unmarked grave. In the second case, an Iraqi prisoner named Manadel al-Jamadi died on November 4, 2003, while being interrogated by the C.I.A. at Abu Ghraib prison, outside Baghdad. A forensic examiner found that he had essentially been crucified; he died from asphyxiation after having been hung by his arms, in a hood, and suffering broken ribs. Military pathologists classified the case a homicide. A third prisoner died after an interrogation in which a C.I.A. officer participated, though the officer evidently did not cause the death. (Several other detainees have disappeared and remain unaccounted for, according to Human Rights Watch.)

That’s just the tip of the black iceberg, if you add in the numbers involving U.S. military operations — entwined with CIA operations — under Bush and Cheney. As I reported for Salon back in 2005, by then 108 detainees were known to have died in U.S. military and CIA custody since the start of the so-called war on terror. At least 26 deaths were deemed criminal homicides. Who knows if additional bodies piled up since.

As was also reported long ago, medical doctors and mental health professionals were involved in the torture, too, although the extent of their roles remains buried. Citing recently declassified Justice Department memos, Nathaniel Raymond, who works with the advocacy group Physicians for Human Rights, says that medical personnel working for the CIA were “the designers, the legitimizers and the implementers” of interrogation using torture. “We still don’t know how many detainees were in the black sites, or who they were,” Raymond says in the New Yorker. “We don’t fully know the White House’s role, or the C.I.A.’s role … This is arguably the single greatest medical-ethics scandal in American history. We need answers.”

If the accountability picture remains grim (both in terms of the operators and the policy overlords) there is one positive development detailed in the New Yorker piece: Panetta has ambitious plans for a new kind of legally acceptable interrogation capability. A task force led by Harvard Law professor Philip Heymann has been advising Panetta on a proposal to create an elite U.S. government interrogation team, staffed by some of the best CIA, FBI and military officers in the country, and drawing on the advice of social scientists, linguists and other scholars. According to the New Yorker, Heymann describes it as an effort to create “the best non-coercive interrogation team in the world,” the equivalent of “a NASA-like, man-on-the-moon effort” for human-intelligence gathering.

Without a doubt, America would benefit much from recruiting more Ali Soufans, while throwing its “Big Steves” behind bars.

Follow

Get every new post delivered to your Inbox.