The Milosevic Files

A rapid method to procure documents from the CIA is limit your request to "previously released records." This means sacrificing your right to appeal and usually (but not always) receiving stuff in the public domain. Y

I recently submitted several such requests for Yugoslav leaders such as Milovan Djilas, Aleksandar Ranković, Slobodan Milosevic, Željko Ražnatović (Arkan), and Edvard Kardelj. In the cases of Djilas, Ranković, and Kardelj, I received significant numbers of hard-to-find documents relating to the men. My request for Arkan's files, I was given two documents a FBIS translation of a Slovenian newspaper article and a copy of a Terrorism Review."

In response to Milosevic, I received two "requester reports"- a one- page report and another eight page report. I am not sure how they were created, but they list every previously released document on Milosevic. I done some research on the CIA's websites. The check marks means you'll find it searching for "Milosevic" while the an "x" means you have to search for that specific document. No marks means you'll most likely have to order it up.

Milosevic Requester Report

Vladimir Seks Advocated for Terrorist Thug

Given the long-standing unpopularity of terrorists, it is highly unusual to find politicians that lobby on their behalf or actively promoting their importation into their nation. This make the following documents a rare find.

In 1994, at a point during the Homeland War when 1/3 of Croatia was occupied by Belgrade-backed rebel Serb forces,  a time when the Croatian economy was under severe stress,  at the tailend of the failed, ill-conceived Muslim-Croat War, Croatian Vice President Vladimir Seks found time in his schedule to lobby the United States Parole Commission on behalf Vinko Logarusic, informing Logarusic's case analyst that "the Republic of Croatia has no objections to Mr. Vinko Logarusic traveling to and from Croatia, on a single or continuing basis or any objections to his eventual permanent residency in the republic of Croatia.” As you can see from the second document in the PDF, this letter was a product of an effort by Logarusic to receive permission to travel to Croatia after his release.

Vinko Logarusic Blog Post File

Logarusic, as this 6/22/1994 letter from Logarusic's Case analyst to Senator Metzenbaum shows, was a vicious individual who "participated in a Croatian terrorist ring from 1975-1981 and were responsible for two murders, several attempted murders, approximately 15 bombings and attempted bombings, an international extortion scheme involving 50 United States victims and the transportation of weapons and explosive throughout the country. According to a "U.S. Attorneys report,” “the crimes committed by this terrorist were among some of the most violent ever committed in the United States over a sustained period of time".

Yet, Seks was willing to allow Logarusic to visit and live in Croatia.

Below are the rest of the records released by the United States Parole Commission in response to an appeal I had lodged.

Logarusic Parole Board File

The CIA's Kagame Whitewash

The first two pages of the document below are the version of the 12/21/1990 Africa Review approved for release in June 2006.  You will notice that Paul Kagame’s decision to abandon military training at Ft. Leavenworth in early October 1990 to assume command of the Rwandan rebel forces when the former leader was slain,” was unclassified.


 Kagame CIA Coverup

Now, scroll down in the document and compare the 2006 version of page 5 to the the version of page 5 released at the end of 2011. The mention of Kagame’s training at Fort Leavenworth has been redacted.  It seems that as Kagame’s star has dimmed over the last five years, his activities in Leavenworth have become a source of embarrassment.

Against it Before He Used it: Joe Biden and the Intelligence Identities Protection Act

This week former CIA case officer John Kiriakou was charged with two counts of violating the Espionage Act, one count of making false statements (Kiriakou is accused of having lied to the CIA's pre- publication review border about portions of his books being “fictionalized”), and one count of violating the Intelligence Identities Protection Act. 

Passed in 1982, the Intelligence Identities Protection Act was designed to deter and punish people like Philip Agee, a CIA officer turned rogue, who published a book on the agency (Inside the Company: CIA Diary) and a newsletter titled “CovertAction Information Bulletin,” in which he outed CIA case officers stationed abroad. So far, there has only been one prosecution under the Intelligence Identities Protection Act, that of Sharon Scranage who was charged under the act  in 1985 because she passed information to her Ghanaian boyfriend who turned out to be a Ghanaian intelligence operative.

Lying to the federal government is frequently punished and the Obama's use of the Espionage Act to suppress whistle blowers is almost routine. However, neither fact reduces the irony of the Obama-Biden administration's use of the Intelligence Identities Protection Act to prosecute a CIA case officer's whistle blowing to the media. 

The irony of Kiriakou's situation arises from the fact that as Senator Biden, Joe Biden opposed the Intelligence Identities Protection Act on the grounds that it would deter legitimate media investigations into national security issues. As shown by Biden's April 6, 1982 op-ed in the Christian Science Monitor. Titled "A Spy Law That Harms National Security," Biden worried that the language as it stood then and as it passed would he called supporting the Act a "mistake" that would hinder[] the press from performing this vital function”

because 

"the mere threat of such prosecution would be enough to dissuade many news organizations from pursuing stories of this kind, out of fear of the legal entanglements and cost which might result even if a reporter is finally acquitted”

and this would 

"curtail legitimate journalistic scrutiny of a particularly important and sensitive area of government, creating the possibility that wrongdoing or wrong- headedness could flourish in that area, unchecked by public awareness.”

All of which Biden argued, posed a real risk to American national security.

While opposition to the Intelligence Identities Protection Act was sparse (only 32 voted against in the house, while Biden was one of only 4 senators to oppose in the senate. He was joined by Daniel Patrick Moynihan, Gary Hart, and one Republican Charles Mathias), it did exist. After the bill passed the Senate, Moynihan warned that:

"It now appears that we will soon have a law which, while making it easier to convict scoundrels, will chill the exercise of First Amendment rights." (1)

It seems Biden and Moynihan are being proved right. 

(1) "Bill to Penalize Uncovering of Agents Passed by Senate," New York Times, 6/11/1982. pg a20

WikiLeaks is Not a FBI Target, Says DOJ, FBI

After receiving a ”no records” response from the FBI in reply to a FOIA request I had submitted for FBI records pertaining to WikiLeaks, I had an appeal submitted to the Department of Justice's Office of Information Policy. Below is the DOJ's reply:

DOJ Response to an Appeal for Wikileaks Records

The DOJ states that there are no FBI WikiLeaks files and this means that the FBI has never targeted WikiLeaks as an organization.

I suspect that the FBI has filed WikiLeaks material away in the files of individuals such as Julian Assange, Bradley Manning, and other prominent WikiLeaks figures. By doing so, it keeps the material out of the hands of the general public and media because the FBI can invoke b(6), b(7) exemptions to Glomar (i.e. neither confirm, nor deny the existence) the material unless the individual submits a Privacy Act request, dies, or is convinced to sign a waiver and allow a third party to acquire material. In short, it might be 50 years before WikiLeaks material is available to the general public through FOIA or Mandatory Declassification Review requests. 

I also think that lesser amounts of WikiLeaks material might be obtainable through FOIAing for information on attacks done by Anonymous on behalf of WikiLeaks.

The TSA EPIC Fails on FOIA

As you can see, it took the Transportation Security Administration eight months (*) to respond to my FOIA request for a simple press kit. I am not sure if that is worst than the two months it took them to churn out a response to my request once they realized that there was no TSA press kit. With search skills like this, I have no full faith and confidence in their ability to stop terrorism.

TSA Has No Media Kit Letter

(*) This request was submitted and responded to in either 2010 or 2011. I misplaced the letter I received from the TSA and then I lost the file. The year is not particularly relevant given it occurred within the same calender year.

Herbert Yardley : The NSA Hero Who Was a Spy

There is hope for Bradley Manning yet. That statement seems odd given that he's not challenging the facts of his case and, instead, is opting for a mitigation strategy. However, as the saga of Herbert O. Yardley shows, treasonous heels can become heroes if the evidence of their guilt is hidden by classification, buried in document dumps, and obscured by the passage of enough time. This was proven in 1999 when Yardley became an inaugural member of the NSA's Hall of Honor.

Well documented by James Bamford's books and the NSA's own website, Yardley "served as a cryptologic officer with the American Expeditionary Forces in France during WWI. In the 1920s he was chief of MI-8, the first U.S. peacetime cryptanalytic organization, jointly funded by the U.S. Army and the Department of State. In that capacity, he and a team of cryptanalysts exploited nearly two dozen foreign diplomatic cipher systems. MI-8 was disbanded in 1929 when the State Department withdrew its share of the funding." In 1931, in need of funds, Yardley published 'his memoirs of MI-8, "The American Black Chamber." In this book, Yardley revealed the extent of U.S. cryptanalytic work in the 1920s."

What Bamford did not know or chose to leave out his books was the fact that Yardley sold out the American Black Chamber to the Japanese Empire for 7,000 in 1930. This fact was uncovered by Ladislas Farago during his research for The Broken Seal: The Story of Operation Magic and the Pearl Harbor Disaster, a book on cryptography relation to Pearl Harbor. The story spawned an CIA investigation. Below is the 12/12/1967 Memorandum for the Deputy Director of Central Intelligence from Walter Pforzheimer confirming the allegations. 

CIA Herbert Yardley Spy Memorandum

Nor was the CIA alone in launching an investigation. The National Security Agency conducted its own inquiry into Yardley's conduct which "tend[ed] to strongly to substantiate Farago's basic claim" though it also found that "much of the rest of his account of the transaction either could not be confirmed or was found to be wrong."(1) This tendency to be wrong was undoubted a reason that David Kahn and others disbelieved his allegations.(2) Eventually, the controversy as well as Yardley's memory faded from public memory creating the space necessary for his 1999 Hall of Honor Induction.

(1) [redacted], "The Many Lives of Herbert O. Yardley, Cryptologic Spectrum, Fall 1981 - Vol. 11, No. 4 , pg. 26 Read here
(2)Ibid., pg 28 fn. 68