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How General Flynn’s accusers broke the law ‘behaved like police state’

The officials who leaked information from tapes of General Flynn’s conversations with Russian ambassador Kislyak to the media were almost certainly coming a serious federal felony. It is in President Trump’s interests in order to assert his control of the bureaucracy that he gets the Department of Justice to instruct the FBI to undertake a full leaks investigation.

Alexander Mercouris

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The ouster of General Michael Flynn, President Trump’s National Security Adviser, marks the moment when the campaign waged against Donald Trump by certain members of the US intelligence community tipped over into outright illegality.

Moreover the law that was broken is a very serious one, and if the case is followed up – which it may be – and if the people involved are caught – which they might be – they could face long prison sentences.

The law which was broken is carefully explained by Glenn Greenwald who is a lawyer himself

Gen. Michael Flynn, was forced to resign on Monday night as a result of getting caught lying about whether he discussed sanctions in a December telephone call with a Russian diplomat. The only reason the public learned about Flynn’s lie is because someone inside the U.S. government violated the criminal law by leaking the contents of Flynn’s intercepted communications.

In the spectrum of crimes involving the leaking of classified information, publicly revealing the contents of SIGINT — signals intelligence — is one of the most serious felonies. Journalists (and all other nongovernmental citizens) can be prosecuted under federal law for disclosing classified information only under the narrowest circumstances; reflecting how serious SIGINT is considered to be, one of those circumstances includes leaking the contents of intercepted communications, as defined this way by 18 § 798 of the U.S. Code:

Whoever knowingly and willfully communicates … or otherwise makes available to an unauthorized person, or publishes … any classified information … obtained by the processes of communication intelligence from the communications of any foreign government … shall be fined under this title or imprisoned not more than ten years, or both.

That Flynn lied about what he said to Russian Ambassador Sergey Kislyak was first revealed by Washington Post columnist David Ignatius, who has built his career on repeating what his CIA sources tell him. In his January 12 column, Ignatius wrote: “According to a senior U.S. government official, Flynn phoned Russian Ambassador Sergey Kislyak several times on Dec. 29, the day the Obama administration announced the expulsion of 35 Russian officials as well as other measures in retaliation for the hacking.”

That “senior U.S. government official” committed a serious felony by leaking to Ignatius the communication activities of Flynn. Similar and even more extreme crimes were committed by what the Washington Post called “nine current and former officials, who were in senior positions at multiple agencies at the time of the calls,” who told the paper for its February 9 article that “Flynn privately discussed U.S. sanctions against Russia with that country’s ambassador to the United States during the month before President Trump took office, contrary to public assertions by Trump officials.” The New York Times, also citing anonymous U.S. officials, provided even more details about the contents of Flynn’s telephone calls.

That all of these officials committed major crimes can hardly be disputed. In January, CNN reported that Flynn’s calls with the Russians “were captured by routine U.S. eavesdropping targeting the Russian diplomats.” That means that the contents of those calls were “obtained by the processes of communication intelligence from the communications of [a] foreign government,” which in turn means that anyone who discloses them — or reports them to the public — is guilty of a felony under the statute.

The same point has been made by General Flynn himself in an interview with The Daily Caller

In some of these cases, you’re talking about stuff that’s taken off of a classified system and given to a reporter. That’s a crime.  You call them leaks. It’s a criminal act. This is a crime. It’s not just a wink and a nod.

and of course by President Trump himself

The real story here is why are there so many illegal leaks coming out of Washington? Will these leaks be happening as I deal on N.Korea etc?

(bold italics added)

Part of the reasoning for the law – of particular pertinence to General Flynn’s case – is provided by Eli Lake for Bloomberg, who also says that Congressman Devin Nunes, the chairman of the House Permanent Committee on Intelligence, is asking the FBI to investigate the leaks

Normally intercepts of U.S. officials and citizens are some of the most tightly held government secrets. This is for good reason. Selectively disclosing details of private conversations monitored by the FBI or NSA gives the permanent state the power to destroy reputations from the cloak of anonymity. This is what police states do.

In the past it was considered scandalous for senior U.S. officials to even request the identities of U.S. officials incidentally monitored by the government (normally they are redacted from intelligence reports). John Bolton’s nomination to be U.S. ambassador to the United Nations was derailed in 2006 after the NSA confirmed he had made 10 such requests when he was Undersecretary of State for Arms Control in George W. Bush’s first term. The fact that the intercepts of Flynn’s conversations with Kislyak appear to have been widely distributed inside the government is a red flag.

Representative Devin Nunes, the Republican chairman of the House Permanent Select Committee on Intelligence, told me Monday that he saw the leaks about Flynn’s conversations with Kislyak as part of a pattern. “There does appear to be a well orchestrated effort to attack Flynn and others in the administration,” he said. “From the leaking of phone calls between the president and foreign leaders to what appears to be high-level FISA Court information, to the leaking of American citizens being denied security clearances, it looks like a pattern.”

Nunes said he was going to bring this up with the FBI, and ask the agency to investigate the leak and find out whether Flynn himself is a target of a law enforcement investigation. The Washington Post reported last month that Flynn was not the target of an FBI probe.

(bold italics added)

In other words, not only were the members of the US intelligence community who leaked information anonymously about General Flynn’s call to Russian ambassador Kislyak acting illegally; they were behaving like members of the secret police of a police state.

Interestingly Donald Trump himself is now quoting Eli Lake

Thank you to Eli Lake of The Bloomberg View – “The NSA & FBI…should not interfere in our politics…and is” Very serious situation for USA

and

The real scandal here is that classified information is illegally given out by “intelligence” like candy. Very un-American!

(bold italics added)

In his article Greenwald tries to excuse the breaking of the law by the officials who leaked details of General Flynn’s call to ambassador Kislyak by saying – rather laboriously – that they were justified in doing so in order to expose General Flynn’s lying about the call.

Since it is however becoming increasingly clear that General Flynn did nothing wrong during the call, and since it is far more clear that he lied about it, it is impossible to see how that can be so.  Certainly the public interest defence, which is what Greenwald is probably alluding to, does not apply.

Until recently President Trump was hamstrung in taking action against the ‘anonymous officials’ who were leaking against him because the delay in getting Jeff Sessions confirmed as Attorney General meant that the Department of Justice – headed first by Sally Yates, who it is now clear was working against him, and then under caretaker management – was not under his full control.  Now that Jeff Sessions has been confirmed as Attorney General that is no longer the case.

President Trump’s tweets suggest a leak investigation by the FBI may soon be underway.  If President Trump wants to put a stop to the leaks which are undermining his administration, then he should make that investigation his priority.  If so it is debatable whether the Washington Post, the New York Times and CNN are legally entitled to protect their sources by concealing the identities of federal officials who appear to have committed a serious federal felony.   If the FBI contacts them and demands the names of the officials who gave them the information, then they may find that they have no choice but to disclose the names or face legal action for obstructing justice.

The ball is in the President’s court.  It is up to him and his Attorney General now to act.  If he fails to do so, so that officials willing to break the law in order to undermine him think they can do so with impunity, then he risks losing control first of the bureaucracy, and then of his administration.

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BREAKING: Explosion in Crimea, Russia kills many, injuring dozens, terrorism suspected

According to preliminary information, the incident was caused by a gas explosion at a college facility in Kerch, Crimea.

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“We are clarifying the information at the moment. Preliminary figures are 50 injured and 10 dead. Eight ambulance crews are working at the site and air medical services are involved,” the press-service for the Crimean Ministry of Health stated.

Medics announced that at least 50 people were injured in the explosion in Kerch and 25 have already been taken to local hospital with moderate wounds, according to Sputnik.

Local news outlets reported that earlier in the day, students at the college heard a blast and windows of the building were shattered.

Putin Orders that Assistance Be Provided to Victims of Blast in Kerch – Kremlin Spokesman

“The president has instructed the Ministry of Health and the rescue services to take emergency measures to assist victims of this explosion, if necessary, to ensure the urgent transportation of seriously wounded patients to leading medical institutions of Russia, whether in Moscow or other cities,” Kremlin spokesman Dmitriy Peskov said.

The president also expressed his condolences to all those affected by the tragic incident.

Manhunt Underway in Kerch as FSB Specialists Investigate Site of Explosion – National Anti-Terrorist Committee

The site of the blast that rocked a city college in Kerch is being examined by FSB bomb disposal experts and law enforcement agencies are searching for clues that might lead to the arrest of the perpetrators, the National Anti Terrorism Committee said in a statement.

“Acting on orders from the head of the NAC’s local headquarters, FSB, Interior Ministry, Russian Guards and Emergency Ministry units have arrived at the site. The territory around the college has been cordoned off and the people inside the building evacuated… Mine-disposal experts are working at the site and law enforcement specialists are investigating,” the statement said.

Terrorist Act Considered as Possible Cause of Blast in Kerch – Kremlin Spokesman

“The tragic news that comes from Kerch. Explosion. The president was informed … The data on those killed and the number of injured is constantly updated,” Peskov told reporters.

“[The version of a terrorist attack] is being considered,” he said.

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10 percent of American F-22 fighter jets damaged by Hurricane Michael

Part of the reason the F-22’s were left in the path of the storm is that they were broken and too expensive to fix or fly.

Seraphim Hanisch

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Note to the wise: When a hurricane comes, move your planes out of the way. Especially your really expensive F-22 fighter planes. After all, those babies are $339 mil apiece. Got the message?

Apparently the US Air Force didn’t get this message. Or, did they find themselves unable to follow the message?

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The Washington Times reported Tuesday that between 17 and 20 of these top-of-the-line fighter jets were damaged, some beyond the point of repair, when Hurricane Michael slammed ashore on Mexico Beach, Florida, not far from the Tyndall Air Force Base in the same state. The Times reports that more than a dozen of the F-22 Raptor stealth fighter jets were damaged after being left in the path of the extremely fierce storm:

President Trump’s tour Monday of devastation wrought by Hurricane Michael took him close to Florida’s Tyndall Air Force Base, where more than a dozen F-22 Raptor stealth fighter jets were damaged after being left in the path of the powerful storm.

The pricey fighter jets — some possibly damaged beyond repair — were caught in the widespread destruction that took at least 18 lives, flattened homes, downed trees and buckled roads from Florida to Virginia.

The decision to leave roughly $7.5 billion in aircraft in the path of a hurricane raised eyebrows, including among defense analysts who say the Pentagon’s entire high-tech strategy continues to make its fighter jets vulnerable to weather and other mishaps when they are grounded for repairs.

“This becomes sort of a self-defeating cycle where we have $400 million aircraft that can’t fly precisely because they are $400 million aircraft,” said Dan Grazier, a defense fellow at Project on Government Oversight. “If we were buying simpler aircraft then it would be a whole lot easier for the base commander to get these aircraft up and in working order, at least more of them.”

This is quite a statement. The F-22 is held to be the tip of the American air defense sword. A superb airplane (when it works), it can do things no other plane in the world can do. It boasts a radar profile the size of a marble, making it virtually undetectable by enemy radars. It is highly maneuverable with thrust-vectoring built into its engines.

However, to see a report like this is simply stunning. After all, one would expect that the best military equipment ought to be the most reliable as well. 

It appears that Hurricane Michael figuratively and physically blew the lid off any efforts to conceal a problem with these planes, and indeed with the hyper-technological basis for the US air fighting forcesThe Times continues:

Reports on the number of aircraft damaged ranged from 17 to 22 or about 10 percent of the Air Force’s F-22 fleet of 187.

The Air Force stopped buying F-22s, considered the world’s most advanced fighter jets, in 2012. The aircraft is being replaced by the F-35, another high-tech but slightly less-expensive aircraft.

Later in the tour, at an emergency command center in Georgia, Mr. Trump said the damage to the F-22s couldn’t be avoided because the aircraft were grounded and the storm moved quickly.

“We’re going to have a full report. There was some damage, not nearly as bad as we first heard,” he said when asked about the F-22s, which cost about $339 million each.

“I’m always concerned about cost. I don’t like it,” Mr. Trump said.

Still, the president remains a fan of the high-tech fighter jet.

“The F-22 is one of my all-time favorites. It is the most beautiful fighter jet in the world. One of the best,” he said.

The Air Force managed to fly 33 of the F-22s to safety, but maintenance and repair issues kept 22 of the notoriously finicky aircraft on the ground when the powerful storm hit the base.

About 49 percent of the F-22s are out of action at any given time, according to an Air Force report this year.

This is a stunning statistic. This means that of the 187 planes in existence, 90 of them are not working. At their cost, that means that over thirty billion dollars worth of military equipment is sitting around, broken, just in airplanes alone.

As a point of comparison, the entire Russian military budget for 2017 was $61 billion, with that budget producing hypersonic missiles, superb fighter aircraft and tanks. Russian fighter planes are known for being able to take harsh landing and take-off conditions that would cripple the most modern American flying machines.

It would seem that Hurricane Michael exposed a serious problem with the state of readiness of American armed forces. Thankfully that problem did not arise in combat, but it is no less serious.

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Saudi Arabia trying to squirm free of Khashoggi murder (Video)

The Duran Quick Take: Episode 2.

Alex Christoforou

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RT CrossTalk host Peter Lavelle and The Duran’s Alex Christoforou take a quick look at Saudi Arabia’s possible admission to killing journalist Jamal Khashoggi…accidentally, while they were torturing the man inside the consulate in Istanbul.

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Via Zerohedge

Even before the publication of last night’s Saudi trial balloon hinting that the kingdom would soon acknowledge that the extrajudicial killing of Jamal Khashoggi – the insider-turned dissident journalist who walked into the Saudi consulate in Istanbul last week and never walked back out – was the result of a “botched” kidnapping attempt carried out by “rogue killers” (despite reports that the US intelligence community knew that Khashoggi was being “targeted”), two realities had become increasingly clear. One: That the Saudis would avoid responsibility for the killing by pinning it on some unfortunate underling, and two: that there would be few, if any, lasting diplomatic repercussions.

And as more media organizations confirmed reports about Saudi’s plans to spin Khashoggi’s murder as a botched interrogation (we can only imagine what was said in that room to justify the use of such extreme violence), CNN calculated the Secretary of State Mike Pompeo met with Saudi King Salman in Riyadh for approximately 15 minutes early Tuesday, following his 12-hour-plus flight to the kingdom.

US Secretary of State Mike Pompeo’s meeting with King Salman of Saudi Arabia lasted no more than 15 minutes, CNN estimates based on the time the top US diplomat’s motorcade arrived at the royal court and departed.

The motorcade arrived at the royal court at 11:42 a.m. (4:42 a.m. ET) and left 26 minutes later. There is a fair distance to walk from where the motorcade dropped Pompeo off to where he met the king.

While Trump said on Monday that Pompeo would travel to Turkey “if necessary”, the Saudi’s decision to “come clean” about Khashoggi’s death pretty much rendered Pompeo’s fact-finding mission unnecessary.More important are developments in Turkey, where the joint Saudi-Turkish “investigation” is turning its attention toward the home of the Saudi consul, where a black diplomatic van that departed the Saudi consulate just under two hours after Khashoggi entered was captured on camera disappearing into a garage. Some speculate that this is where the killers finished disposing of Khashoggi’s body. This comes after a “nine-hour” search of the Saudi consulate building that, according to leaks published in Al-Jazeera, turned up “evidence of tampering” by the Saudis. On Tuesday, Turkey’s foreign minister clarified that Saudi had yet to admit its role in Khashoggi’s disappearance and probable death.

Turkish investigators will carry out a search of the Saudi Consul General’s residence on Tuesday as the probe into the disappearance of journalist Jamal Khashoggi continues, according to a Turkish diplomatic source.

CCTV footage released to the media from the day the Washington Post writer vanished show movement of vehicles from the consulate building to the Consul General’s residence nearby.

As speculation mounts that the incident could unseat the increasingly authoritarian Crown Prince Mohammad bin Salman (who has already marginalized or incapacitated nearly every threat to his rule), it’s looking more likely that neither the US nor the rest of the Western world will do much to punish the world’s most important oil exporter, which can “weaponize” the oil market seemingly on a whim.

Any punishment for this flagrant violation of human rights will need to come, therefore, from the private sector, which, according to Bloomberg, could sabotage MbS’s grand Vision 2030 plan, which aims to remake the Saudi economy via a flood of foreign direct investment:

The economic strategy of Saudi Crown Prince Mohammad bin Salman, known as MBS, is to make investment the main engine of economic growth instead of government spending, but the disappearance of Saudi journalist Jamal Khashoggi could frustrate these ambitions. Foreign direct investment, a key part of the plan to reinvent Saudi Arabia’s economy, declined sharply in 2017 and is unlikely to return to previous levels, leaving the government’s target for 2020 beyond reach, according to analysis by Bloomberg Economics. Increased policy uncertainty and, after the Khashoggi incident, the risk of reputational damage to foreign companies working in Saudi Arabia won’t help.

 

 

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