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You are here: Home / Archives for Politics / National Security

National Security

Monday Evening Open Thread: Enough With the F*cking Secret Memos Already

by Anne Laurie|  January 30, 20235:47 pm| 47 Comments

This post is in: National Security, Open Threads

Enough with the fucking secret memos already: https://t.co/j59zJtzGHA

— Defector (@DefectorMedia) January 27, 2023

The media’s already bored with the existing revelations, but I have a feeling there will be more surprises as the (sigh) 2024 primaries heat up. Justin Ellis, at Defector:

We are a petty and venal and lazy species on balance, and there is no distance the human mind can’t quickly traverse to convince itself that something you want won’t be missed. In this calculus, the most important factor is opportunity, and what better window is there than when you leave your job?

There is, of course, some difference between letting a pair of Skechers fall in your lap on the way out the door from Foot Locker, and, say, snagging that memo listing Kim Jong-un’s favorite episodes of Rick and Morty after you’ve run out the clock on your time in the Oval Office.

With the revelation that Joe Biden, as well as Donald Trump, had classified documents stuffed away in their homes, the keepers of the nation’s collective memory are growing worried that former presidents are hoarding stacks of sensitive files in their mud rooms or junk drawers…

The whole mess was made worse this week when Mike Pence signaled that he, too, had “inadvertently boxed and transported” classified papers back to his suburban manse in Indiana. Now everybody that held office as far back as the Reagan administration is on notice. (Jimmy Carter is exempt from tearing up his attic; the Presidential Records Act went into effect after he left office.)…

Context matters here. Trump used the Secret Service to rack up tabs at his namesake hotels. He is also the man whose protracted tantrum after losing the election gave way to an insurrection on the U.S. Capitol. Whether Trump was looking to use the files to cut deals with dictators or create a shadow box, he filled his suitcase with state secrets, however important or banal they might be, while displaying the same level of forethought generally associated with stealing a commemorative mug from Hooters. This is typically dumb, and potentially dangerous, but it is also another signal that the many veils of security clearance placed around aspects of doing the public’s business have gotten way out of hand…

Typically it takes an Edward Snowden or Chelsea Manning to remind the public of the sinister campaigns that the government conducts behind the classified lines of a memo. But beyond special favors to allies, the usual greed mongering, and ill-conceived foreign combat fantasies, the government puts entirely too much shit in the Top Secret bucket. As Elizabeth Goitein, who studied national security at the Brennan Center for Justice at New York University, told NBC News: “You have 50 million classification decisions each year—90 percent of which are probably unnecessary. That’s a lot of rules that have to be complied with every hour of every day. And some of that is going to slip.”

Enough with the fucking memos already.

Monday Evening Open Thread: <em>Enough With the F*cking Secret Memos Already</em>Post + Comments (47)

Monday Evening Open Thread: Former Head of the FBI’s New York Field Office Counterintelligence Arrested

by Anne Laurie|  January 23, 20236:27 pm| 120 Comments

This post is in: C.R.E.A.M., Foreign Affairs, National Security, Open Threads, Trump-Russia, Lock Him Up...Lock Them All Up

NBC News: Former FBI Special Agent in Charge Charlie McGonigal has been arrested and charged in connection with Russian sanctions violations and money laundering violations.

Reported w/ @jonathan4ny

— Tom Winter (@Tom_Winter) January 23, 2023

STORY: https://t.co/woLJVwdEdp

— Tom Winter (@Tom_Winter) January 23, 2023

Federal prosecutors say the former head of counterintelligence for the FBI’s New York office laundered money, violated sanctions against Russia while working with a Russian oligarch and while still at the FBI took hundreds of thousands of dollars from a foreign national and former foreign intelligence official.

Charles McGonigal, 55, was arrested on Saturday after arriving at JFK airport in New York on a flight from the Middle East.

A case filed in federal court in Washington, D.C., alleges that while serving as Special Agent in Charge of FBI counterintelligence efforts in the New York office, McGonigal took $225,000 in cash from an individual with business interests in Europe who had been an employee of a foreign intelligence service.

From August 2017 through his retirement in September 2018, McGonigal allegedly concealed his relationship with this former foreign security officer from the FBI. He allegedly requested and received cash from the individual and traveled abroad with the individual…

On Monday afternoon, McGonigal pleaded not guilty to the New York charges and was released on $500,000 bond…

Given McGonigal’s ties to the Washington and New York area offices of the FBI, the Los Angeles field office led the two-year-long investigation, three senior law enforcement officials said. The decision to move the probe to Los Angeles was to ensure there were no conflicts of interest or competing interests among agents who may have known McGonigal. 

McGonigal’s career included a stop as a section chief coordinating the FBI’s cyber and counterintelligence programs at the FBI’s secretive Intelligence Technology and Data Division (ITADD) in Chantilly, Virginia, as well as his position in New York, public records show. 

McGonigal was named special agent in charge of the Counterintelligence Division for the New York Field Office in 2016, after serving as the section chief of the Cyber-Counterintelligence Coordination Section at FBI headquarters…

So — when Deripaska needed a little inside help, McGonigal had a proven track record (and no doubt plenty more info to sell).

show full post on front page

Perhaps this answers why, on the eve of the 2016 election, someone at the FBI lied to the NYTimes about the links the FBI saw between Trump and Russia. https://t.co/b1SXbLB16g https://t.co/GyrNKbNCRH pic.twitter.com/mNrcVD4Tz8

— Max Kennerly (@MaxKennerly) January 23, 2023

‘… Nothing political, they just do it for the (Russian) money’

Giuliani boasted late in fall 2016 Presidential campaign about his contacts with FBI's New York field office and later said publicly that Director James Comey had responded to "pressure of a group of FBI agents who don't look at it politically." (@NBCNews) pic.twitter.com/puuv1FErrU

— Michael Beschloss (@BeschlossDC) January 23, 2023

Prescient!

There's a lot of wild stuff that came out in the whole Trump-Russia saga, but I still can't get over how there's an email chain that literally says, "this is part of Russia and it's govt's support for Mr. Trump" and the son of the pres. replies, "if it's what you say I love it." https://t.co/IO1kB0xO0a

— Centrism Fan Acct ?? (@Wilson__Valdez) January 15, 2023

If you said at the beginning that there'd be an email chain, put out by the president's son himself, that spelled out in writing the explicit Russian govt support for Trump and then a reply being like, 'hell yeah, give us that RU dirt', most people would laugh in your face.

— Centrism Fan Acct ?? (@Wilson__Valdez) January 15, 2023

*SUBJECT: Russian Collusion. You wanna do it?*
Donald Trump Jr: Let's do the collusion. Give us that dirty dirty Russian dirt.

Extremely vindicated journalists: No proof. The Libs & the media have disgraced themselves by implying that there was any there there.

— Centrism Fan Acct ?? (@Wilson__Valdez) January 15, 2023

The entire FBI needs a house-cleaning and perhaps a new director

— Jennifer "Pro-privacy" Rubin (@JRubinBlogger) January 23, 2023

Looks like Marsha Blackburn drew the short straw to run point for the Greedy Old Partisans…

The FBI agent who led the phony investigation into President Trump and Russia has been arrested for his own ties to the Kremlin.

You can’t make this up.

— Sen. Marsha Blackburn (@MarshaBlackburn) January 23, 2023

Monday Evening Open Thread: Former Head of the FBI’s New York Field Office Counterintelligence ArrestedPost + Comments (120)

This Should be a Bigger Deal

by John Cole|  October 31, 20228:10 pm| 74 Comments

This post is in: National Security, Security Theatre

You would think:

U.S. Department of Homeland Security officials under then-President Donald Trump compiled intelligence dossiers on people who were arrested at Black Lives Matter protests in Portland, Oregon, according to a newly unredacted internal review.

The 76-page report is an internal review by DHS of actions carried out by its Office of Intelligence and Analysis in June and July 2020, when militarized federal agents were deployed to Portland against people protesting police abuses in the wake of the murder of George Floyd, a Black man who was killed by a Minneapolis police officer.

When the dossiers were being compiled, some DHS analysts voiced concerns over the legality of collecting intelligence “on protestors arrested for trivial criminal infractions having little to no connection to domestic terrorism,” the DHS report said. Some of the employees even refused to participate.

Doesn’t seem to have gotten much coverage, but then again, there is just soo much shit going on.

This Should be a Bigger DealPost + Comments (74)

Joint Filing Has Been Submitted, No Response Yet to DOJ Filing on Thursday from Corrupt Judge

by WaterGirl|  September 9, 202211:00 pm| 122 Comments

This post is in: Criminal Justice, National Security, Open Threads, Politics

No big surprises, as far as I can tell.

The only surprise for me is that neither side appears to have directly responded to the request made by the judge after the DOJ filed on Thursday.

Question for the attorneys:  Don’t both sides have to respond TODAY to the Thursday request from the judge?

From the New York Times

The Justice Department and lawyers for former President Donald J. Trump failed to agree on Friday on who could serve as an independent arbiter to sift through documents the F.B.I. seized from Mr. Trump’s Florida club and residence last month.

In a eight-page joint filing that listed far more points of disagreement than of consensus, the two sides exhibited sharply divergent visions for what the arbiter, known as a special master, would do.

The Justice Department proposed two former Federal District Court judges for the position: Barbara S. Jones, a retired jurist from New York who was tapped to perform a similar role in evaluating documents seized from two personal lawyers of Mr. Trump, Michael S. Cohen in 2017 and Rudolph W. Giuliani in 2021; and Thomas B. Griffith, who retired from the bench in the District of Columbia in 2020.

Mr. Trump’s legal team countered with two alternatives, retired Federal District Court judge, Raymond J. Dearie, who sat in the Eastern District of New York and once served as the top federal prosecutor there. They also suggested Paul Huck Jr., a former deputy attorney general in Florida who also served as general counsel to Gov. Charlie Crist, who was a Republican at the time.

Judge Aileen M. Cannon, who ordered the parties to produce a list of qualified candidates by midnight Friday, will decide who will be tapped for the job. She will also set the parameters of the review.

The two sides also clashed substantially over the duties of the special master. Mr. Trump’s lawyers argued that the arbiter should look at all the documents seized in the search and filter out anything potentially subject to attorney-client or executive privilege.

By contrast, the government argued that the master should look only at unclassified documents and should not adjudicate whether anything was subject to executive privilege.

The dispute over the special master’s purview was reflected in an appeal the Justice Department filed on Thursday asking that the judge lift part of her order temporarily barring it from using the documents in its investigation until the arbiter’s work was done.

The department asked an appeals court to overturn that part of that order that applied to about 100 documents marked as classified, and asked Judge Cannon to hold off on enforcing that same part while the appeal unfolded. The upshot would be that the investigation could resume using only the documents with classification markings.

Judge Cannon has not yet decided whether to comply with the government’s request, which the Justice Department argued was necessary in part because separate national-security assessments were inextricably bound to that effort.

Open thread.

Joint Filing Has Been Submitted, No Response Yet to DOJ Filing on Thursday from Corrupt JudgePost + Comments (122)

Speculation on the Special Master

by WaterGirl|  September 9, 202211:25 am| 100 Comments

This post is in: Criminal Justice, National Security, Open Threads, Politics

In a recent Lawfare article, they ruminate on a possible strategy behind the “special master” request.

They suggest that Trump’s attorneys are attempting to use the court’s likely appointment of a special master as a backdoor means of obtaining unrelated, sensitive investigative materials that could potentially be used for intimidation or obstruction.  Is it all about trying to get their hands on an unredacted affidavit?

The Special Master Revisited

Trump’s filings reveal the central strategic importance of obtaining an unredacted affidavit. His team also sees the appointment of a special master, nominally concerned with matters of privilege, as a means for obtaining the unredacted affidavit. The brief in Trump’s initial filing, after discussing the hypothetical possibilities for omissions or lies in the affidavit, pivots to a discussion of the special master, arguing that the “appointment of a Special Master with a fair-minded approach to providing defense counsel with information needed to support any Rule 41(g) filing is an appropriate use of the Court’s authority.” This appears to suggest that the special master should provide Trump’s attorneys with access to the affidavit in order to support their Rule 41(g) motion claiming an unconstitutional search. Yet providing Trump’s attorneys with investigative documents is far beyond the traditional function of a special master, who typically reviews seized documents for privilege and keeps privileged documents separate from those reviewed by authorities.

Trump’s reply brief is even clearer in its attempt to use the special master as a means to obtain the unredacted affidavit. Buried deep in a discussion of the special master’s review procedures, the brief requests that the government provide to the special master and to Trump “a copy of the Search Warrant, and an unredacted copy of the underlying application materials,” which include the affidavit revealing the witnesses and sources of information that supported the warrant. Again, such materials have essentially nothing to do with the special master’s duties of sorting privileged and unprivileged materials. Rather, Trump’s attorneys are attempting to use the court’s likely appointment of a special master as a means of obtaining unrelated, sensitive investigative materials that could potentially be used for intimidation or obstruction.

I am not a lawyer, but that rings true for me.  Your thoughts?

The word speculation in the post title refers to my thoughts with respect to how this fits into the DOJ filing yesterday.

If the goal of the special master request (besides delay, delay, delay) is for the attorneys of the wannabe authoritarian lunatic to get their hands on the unredacted affidavit, does that make them more likely or less likely to double down on the “need” for a special master, even in the face of yesterday’s filing that schools the judge on how things work and accuses her of jeopardizing national security?

Open thread.

Speculation on the Special MasterPost + Comments (100)

Don’t Worry About the Documents About Foreign Nations and Their Nuclear Capabilities, Nothing To See Here

by WaterGirl|  September 6, 20229:12 pm| 83 Comments

This post is in: National Security

Material on foreign nation’s nuclear capabilities seized at Trump’s Mar-a-Lago

Some seized documents were so closely held, only the president, a Cabinet-level or near-Cabinet level official could authorize others to know.

Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them. Only the president, some members of his Cabinet or a near-Cabinet-level official could authorize other government officials to know details of these special-access programs, according to people familiar with the search, who spoke on the condition of anonymity to describe sensitive details of an ongoing investigation.

And this:

It was in this last batch of government secrets, the people familiar with the matter said, that the information about a foreign government’s nuclear-defense readiness was found. These people did not identify the foreign government in question, say where at Mar-a-Lago the document was found or offer additional details about one of the Justice Department’s most sensitive national security investigations.

And this:

Investigators grew alarmed, according to one person familiar with the search, as they began to review documents retrieved from the club’s storage closet, Trump’s residence and his office in August. The team soon came upon records that are extremely restricted, so much so that even some of the senior-most national security officials in the Biden administration weren’t authorized to review them. One government filing alluded to this information when it noted that counterintelligence FBI agents and prosecutors investigating the Mar-a-Lago documents were not authorized at first to review some of the material seized.

Click here for the gift article at the Wasington Post.

Open thread.

Don’t Worry About the Documents About Foreign Nations and Their Nuclear Capabilities, Nothing To See HerePost + Comments (83)

So the Bullshit Ruling from the MAGA Judge Is Out

by WaterGirl|  September 5, 20221:25 pm| 147 Comments

This post is in: Criminal Justice, National Security, Open Threads

In case you missed it, or you want to refer back to it, here’s a link to the post about this matter from Saturday:

Two Long Reads from Lawfare, Both Are Worth Your Time

You can find the link to the full order here.

This tweet is the first in a thread from PopeHat.

I don’t think the absolute freakout over this is warranted. I don’t think it’s the right outcome, equitably, but numerous elements of the written decision don’t support it being the catastrophe people are saying. But there seems to be very little point in saying so. https://t.co/9VTtpbiMB1

— EnemyOfTheHat (@Popehat) September 5, 2022

(Just added tweets 8-10 that I found particularly interesting.)

/8 This is also a fair observation: that the judge turned the absolute incoherent garbage of the Trump papers into a narrative that, even if you disagree with it, uses the appropriate test and asks necessary questions. https://t.co/3eiEIidGMX

— EnemyOfTheHat (@Popehat) September 5, 2022

/9 I’d disagree with Asha that Trump didn’t ask for an injunction — he did, but only incredibly briefly and without any necessary analysis. The judge doing a party’s work for them is something you see occasionally with pro se litigants and badly represented parties, not ex-POTUS.

— EnemyOfTheHat (@Popehat) September 5, 2022

/10 some people have suggested this is the judge giving Trump every break to make the result bulletproof. It’s possible. It would be a fairly extravagant example of the genre. I’ve seen judges do it with pro se litigants, though none comparable to Trump. https://t.co/j8XzvbAeSs

— EnemyOfTheHat (@Popehat) September 5, 2022

And for what it’s worth, the Obama Bros basically said “so what if she does approve a Special Master” in their podcast – before the ruling.  Their take is that it will slow things down a little bit but that the train has left the station and there is no stopping it.

I will be interested in what Lawfare has to say about this, too, but there’s no analysis from them yet.

Balloon Juice attorneys, what say you?

Open thread.

 

So the Bullshit Ruling from the MAGA Judge Is OutPost + Comments (147)

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